The Importance of Perceptions in Restorative Justice Conferences: The Influence of Offender Personality Traits on Procedural Justice and Shaming

Research suggests that restorative justice (RJ) conferences are more just than traditional court processing due to the presence of procedural justice (PJ). These conferences also promote reintegrative shaming which, in contrast to disintegrative shaming, allows offenders to repair their ties with the community. Yet, fairness and the type of shaming experienced may depend on perceptions of the offender. We argue that the personality traits of negative emotionality and low constraint influence offenders' evaluations of the fairness of these conferences, which have implications for their experience of shaming. We test these arguments using data from a sample of 498 offenders involved in the Australian Reintegrative Shaming Experiments. Results reveal that personality traits affect perceptions of PJ and both types of shaming, and that PJ mediates these effects. The findings support the notion that RJ conferences are perceived to be procedurally just and reintegrative for certain types of offenders.     

程序公正的价值——兼议实体公正与程序公正冲突的解决

实现公正是法哲学的核心问题。在我国推进法治建设的今天,尤其是目前正处在转型时期,各种利益纠缠在一起,在这样一个价值观剧烈冲突、客观标准剧烈变动,对于实体是否公正不好判断的情况下,程序上的公正就尤为重要了。实体公正与程序公正发生冲突时,应有正确的价值选择以期实现司法公正,实现我国社会主义法治。     

《圣经》中的程序正义

宗教和法律密切相关,作为世界三大宗教之一的基督教,对西方法律的产生和发展也起着极其重要的作用。而基督教的经典之作——《圣经》中也包涵着大量的法律思想,特别是《圣经》中的程序正义观念对于法律体系中实体法和程序法的建构产生了重大的影响。     

Procedural Justice and Psychological Effects of Criminal Proceedings: The Moderating Effect of Offense Type

It is well-established that victims of crime have numerous preferences when encountering the criminal justice system. Often, research examines these preferences in terms of procedural justice, asserting that elements such as voice, respect, and fair treatment may lead to greater satisfaction and more positive experiences. Positive experiences also entail preventing secondary victimization by the legal system. Much of the research surrounding this topic, however, discusses victims of crime as a single entity. The current research examines if differences among crime victims, namely whether they suffered sexual or non-sexual victimizations, influence their legal preferences. Victims of sexual assault have undergone particularly traumatic and stigmatizing experiences that may warrant a greater need for expression and understanding of their harm. It is hypothesized that for victims of sexual assault, there will be a stronger association between procedural justice and negative psychological effects of criminal proceedings. Therefore, type of offense is examined as a moderator variable of this relationship. Hierarchical regression analysis indicated that there is in fact an interaction effect for procedural justice and psychological effects, suggesting that these preferences are more desired by victims of sexual assault.     

Procedural Justice in Negotiation: Procedural Fairness, Outcome Acceptance, and Integrative Potential

Two correlational studies test the hypothesis that procedural justice, or fairness of process, plays a role in acceptance of agreements reached through bilateral negotiation. Both studies test the relationship between the fairness of the process used to resolve a dispute, objective monetary outcomes, subjective assessments of outcome favorability, and subjective assessments of outcome fairness. Additionally, the second study tests the hypothesis that negotiations characterized by greater procedural justice result in more potential for integrative bargaining. The results suggest that procedural justice encourages the acceptance of negotiated agreements, as well as leading to the opportunity for increased integrative bargaining.     

Introduction: Procedural Justice, Law and Policy

Over the last few years, procedural justice has become one of the most debated fields in social science and law. Modern thinking about law, democracy and public policy inevitably leads to a consideration of appropriate procedures. Images of such procedures are culturally bound and also formed by individual cognition. The word "fair" seems to encompass the most desired features of procedures.     

Procedural Justice and the Assessment of Civil Justice in Japan

In analyzing the data from a structured interview survey with Japanese litigants of civil trials, we examined the relationships between their perceptions of outcomes and process of the trials, responses to the trials, and evaluation of the judicial system. The results showed that both favorability of trial outcomes and procedural fairness of trials increased satisfaction with the trial outcomes and evaluation of the judicial system. Satisfaction was largely determined by perceived favorability, while the evaluation of the judicial system was largely determined by perceived procedural fairness, suggesting a justice bond effect that justice fortifies people's societal commitment. Consistent with procedural justice theories, the perception of procedural fairness was increased by the sense of control and the appraisal of relational factors, though both were affected by favorability.     

从程序正义到摆平“正义”:法官的多重角色分析

法院如何建构其主体性?是当下中国社会面临的时代之问。在规则之治、程序正义的逻辑下展开运作的司法因其制度刚性有余而操作柔性不足,难以有效回应中国社会仍停留在传统的具体情境,从而遭到实用主义的解构。但是,在调审合一制度路径下游刃有余的实用主义司法哲学实际上亦并不足以构成对法院主体性的命题支撑,甚至可能是更加错误的道路。作为法院主体性的命题表达,能够体现法院明确的司法功能并与其他权力部门相区分的主体特质始终只在于独立的审判。     

Towards an Integration of Distributive Justice,Procedural Justice,and Social Resource Theories

The aim of this paper is to formulate new and more precise predictions regarding behavioral reactions to distributive and procedural injustice via insights from resource theory. The three theories share focus on discrepancies between actual and ideal states of existence as well as on psychological and behavioral reactions to discrepancy. But they also differ from each other in their conceptualizations and theorizing about these matters. Equity theory conceptualizes discrepancy as a perceived mismatch between inputs and outcomes; multiprinciple distributive justice and procedural justice theories view discrepancy as a mismatch between expected and applied distribution and procedural rules, respectively. Resulting feelings of inequity/injustice may trigger attempts to restore justice. Within the framework of resource theory, discrepancy concerns an inappropriate match between the nature of the provided and received resources. This leads to frustration which, in turn, may trigger attempts at retaliation. Limitations of the theories are discussed, with particular focus on their inability to match specific discrepancies with appropriate behavioral reactions. Behavioral predictions are based upon established congruence between behavioral reactions and violated procedural rules as well as type of inequity, as determined via their respective resource isomorphism. Limitations of the present integration attempt are discussed.     

Regulating More Effectively: The Relationship between Procedural Justice, Legitimacy, and Tax Non-compliance

In recent years, a significant number of middle‐income taxpayers have been making use of aggressive tax planning strategies to reduce tax. In many cases, it is unclear whether these are designed and used by taxpayers to minimize tax legally or to avoid tax illegally. Those that are designed to exploit loopholes in tax law need to be dealt with in a way that restores faith and equity to the system. But how can tax authorities best manage taxpayers who may have inadvertently become involved in such illegal tax planning practices? Using longitudinal survey data, it will be shown that attempts to coerce and threaten taxpayers into compliance can undermine the legitimacy of the Tax Office's authority, which in turn can affect taxpayers' subsequent compliance behaviour. Responsive regulation, which is based on principles of procedural justice, will be discussed as an alternative enforcement strategy.     

惩罚性赔偿适用中的实体正义与程序正义

不同于一般损害赔偿旨在实现救济正义,惩罚性赔偿更侧重实现惩罚正义。在实现实体正义方面,惩罚性赔偿的适用需要法官基于权利保障的理念对私人自治理念的运用加以限制,法官在进行司法裁量时,应贯彻惩罚均衡原则,重点运用比例原则的分析方法确定惩罚性赔偿的数额。在实现程序正义方面,基于保障当事人诉讼权利的目的,法官在审理惩罚性赔偿案件时,应当变通适用民事诉讼制度中的处分原则,采用排除合理怀疑的证明标准。同时,在合议庭组成上,应适当限制依据常识作出判断的人民陪审员的数量。     

Unfamiliarity and Procedural Justice: Litigants' Attitudes Toward Civil Justice in Southern China

While procedural justice has been regarded as a distinct and essential factor shaping litigants' views on civil justice, few studies have focused on China, a country with a unique legal tradition and frequent legal reforms. Drawing on surveys and interviews with litigants in a basic‐level court in Southern China, this study examines attitudes toward the civil justice system. Echoing several existing studies from China, our mixed methods analysis confirms that their views are dominated by outcomes—litigants with favorable outcomes are more likely to be satisfied, while those with unfavorable outcomes are more likely to be dissatisfied. Their unfamiliarity with the operation of the system constitutes a major reason for the dominance of substantive outcomes in their evaluations of the system. Many cannot distinguish between process and outcomes, nor do they feel control over the process. Moreover, they are dissatisfied with the process because it fails to meet their often‐erroneous expectations. Our results do not necessarily challenge the importance of procedural justice, but they do suggest that China may be different. Litigants' perceptions of justice and fairness are situated and shaped by specific contexts.     

Self-Help, Policing, and Procedural Justice: Ghanaian Vigilantism and the Rule of Law

Public recourse to vigilante self-help has often been attributed to a lack of effective state intervention; less attention has been given to the character of this intervention. Using the Tylerian procedural justice perspective, I argue in this article that perceived procedural injustice contributes to increased public support for violent self-help mechanisms such as vigilante violence. The current study tests this theoretical argument using survey data of 374 residents of Accra, Ghana. The results show that age, education, and police trustworthiness were the most significant predictors of support for vigilante self-help. The impacts of procedural fairness were found to be embraced within police trustworthiness, but perceptions of police effectiveness and experience of police corruption were not statistically significant predictors of vigilante support.     

Compliance with the Law in Slovenia: The Role of Procedural Justice and Police Legitimacy

The empirical status of Tom Tyler’s (1990) process-based model of regulation is frustrated by the fact that most studies are conducted in the US, leaving open the question of whether similar effects can be observed in countries with different historical and political contexts. The current study tests two process-based model hypotheses using cross-sectional survey data from 683 young adults in Slovenia. The results reveal: (1) procedural justice judgments significantly shape individual perceptions of police legitimacy, and (2) perceived police legitimacy explains self-reported compliance with the law. Though slightly diminished in magnitude, the legitimacy effect persists when using an instrumental variable to address possible endogeneity bias and after statistically controlling for known correlates of law violating behavior (i.e., personal morality and low self-control). The findings also show that the legitimacy effect on compliance with different laws (e.g., littering and buying stolen property) varies depending on the operationalization of legitimacy (i.e., additive scale versus instrumental variable). While the findings indicate that the process-based model of regulation is germane to post-socialist countries such as Slovenia, more research focusing on the explanatory breadth of the model is necessary.     

程序正义概念与标准的再认识

程序正义是一种法律理念 ,即任何法律决定必须经过正当的程序 ,而这种程序的正当性体现为特定的主体根据法律规定和法律授权所作出的与程序有关的行为。程序正义的标准最值得注意的是程序规范的严格遵守和主体评价两个方面。既不能以实体的正义作为参照去评判程序的正义 ,也不能以程序的正义作为基准去决定实体的正义 ,实质正义才是唯一的选择。     

The Dutch Engagement with the Project of International Criminal Justice

Netherlands International Law Review -     

The Generalizability of Police Legitimacy: Procedural Justice,Legitimacy, and Speeding Intention of South Korean Drivers

Asian Journal of Criminology - Empirical support for procedural justice theory in criminology is robust in the developed Western countries, whereas the results are mixed for non-Western or...