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1.
In multiethnic societies, issues of justice and fairness have become the focus of intense public debate. Although current psychological theories of distributive and procedural justice concentrate on multiple normative rules that guide allocation decisions, there is little research that focuses on the particular relationship between immigrants as recipients and members of the host society as allocators. In the present study Germans were asked about their opinions as to what Turkish immigrants in Germany deserve or are entitled to and to which degree they pose a threat to German culture. Political orientation of the allocator turns out to be an important predictor of how distributive and procedural justice concerns are evaluated. Both conservatives and liberals exhibit a different conception of what counts as distributive justice. With regard to procedural justice, however, liberals and conservatives did not differ much. Moreover, perceived threat to German culture is significantly related to distributive justice but not to procedural justice.  相似文献   

2.
Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of distributive justice? Examining considerations regarding luck and desert provides an illuminating approach to this issue. The notion of desert has largely been excised from a great deal of recent political theorizing, and in particular, it has been eliminated from many influential conceptions of distributive justice. It is widely held that the pervasiveness of luck renders desert inappropriate to contexts of distributive justice, and incompatible with the freedom and equality of persons in a just political community. Should considerations of desert also have a minimal role in criminal justice—where they seem to still be important? Are considerations of desert in the context of criminal justice consistent with persons being free and equal participants in a just political community? How are principles of criminal justice related to principles of distributive justice and political justice in an overall just society? Many scholars agree that criminal justice presupposes an adequately just society. Still, that leaves open just how criminal justice relates to justice overall. That is the present topic.  相似文献   

3.
张东 《法学论坛》2012,(1):36-43
收益公正分配是转型时期社会公正的重要维度,维系人权保护、经济发展、社会稳定与国家治理,蕴涵着分配正义理论。多种因素决定经济法分配正义是复合正义,强化在市场分配机制基础上的国家再分配职能,以促进社会基本结构的公正。经济法分配正义理论通过奠定收益分配之理论基础,提供收益分配之制度属性的路径促进收益公正分配,进而实现以社会公正为中心的可持续经济发展,推动中国社会顺利转型。而以分配正义为衡量尺度,我国收益分配制度需要进一步完善。  相似文献   

4.
Fairness and justice are fundamental concepts in society, including in the workplace where they are referred to as organizational justice. Distributive and procedural justice are two dimensions of organizational justice. It is theorized that organizational justice impacts the job satisfaction and organizational commitment of correctional staff. Pearson's correlation coefficients were calculated, factor analysis was performed, and ordinary least squares (OLS) regression equations were computed from the results of a survey of staff at a midwestern correctional facility. It was found that distributive and procedural justice are distinct concepts among correctional staff, and both have significant positive effects on job satisfaction. Additionally, procedural justice, but not distributive justice, has a significant positive impact on organizational commitment.  相似文献   

5.
Jahel Queralt 《Ratio juris》2016,29(4):519-534
This paper develops a full account of Rawls's notion of a well‐ordered society and uses it to address two luck egalitarian objections to his principles of justice. The first is an internal criticism which claims that Rawls's account of justice is better captured by a responsibility‐sensitive egalitarian account. The second is an external objection according to which, regardless of the alleged inconsistency between Rawls's principles and his account of justice, we should reject those principles in favour of a responsibility‐sensitive criterion because it better captures our moral intuitions about distributive justice. The argument presented answers both objections by defending the value of well‐orderedness and showing the difficulties of responsibility‐sensitive egalitarian conceptions in realizing this ideal.  相似文献   

6.
沃尔泽认为,罗尔斯通过"原初状态设置"所演绎出的"正义二原则"只是一种实现通常之"简单平等"的分配正义原则,无法解决由诸多领域所构成之社会的分配正义问题。因而基于对西方世界分配现状的观察及其人性观,沃尔泽提出了"复合平等"的分配正义理论。事实上,只有罗尔斯的"正义二原则"才能有效实现社会的分配正义。因此,沃尔泽的分配正义理论实际上只是深刻理解罗尔斯"正义二原则"的"过渡理论"或"中介",而不是对后者的根本性超越。  相似文献   

7.
Objectives

Tyler’s theory of legitimacy identified procedural justice and distributive justice as antecedents of legitimacy, but placed distributive justice in a relatively minor position compared with procedural justice. This has led to researchers paying less attention to distributive justice in the development of theory, despite consistent findings that distributive justice is important to a number of outcomes for criminal justice authorities. This report uses uncertainty management theory to revisit Tyler’s legitimacy model and gain a more nuanced understanding of distributive justice.

Methods

The proposed model is tested using a series of latent variable analyses conducted on a sample of 2169 adults and a factorial vignette design. The vignette design randomly manipulates outcome favorability and officer behavior during a hypothetical traffic stop. Multiple indicator multiple cause (MIMIC) models are then utilized to test the impact of these manipulations on perceptions of procedural justice and distributive justice. This is followed by a structural equation model that tests the relationships between procedural justice, distributive justice, and legitimacy.

Results

Officer behavior is a primary predictor of both procedural justice and distributive justice. Furthermore, the results demonstrate that distributive justice judgments are shaped by perceptions of procedural justice. Accordingly, distributive justice mediates the relationship between procedural justice and legitimacy.

Conclusions

Distributive justice should not be treated as a competing explanation for legitimacy evaluations, but as a concept that contextualizes why procedural justice is important.

  相似文献   

8.
Abstract. In Aristotle's account, corrective and distributive justice are not (as they are today) particular substantive ideals, but are rather the formal patterns that inhere in interactions and in the legal arrangements that regulate them. Corrective and distributive justice are the structures of ordering internal to transactions and distributions, respectively. The Aristotelian. forms of justice thus constitute the rationality immanent to the relation ships of mutually external beings. This article stresses Aristotle's formalism, contrasting it to modem instrumental conceptions of legal rationality, and defending it against Kelsen's allegations of emptiness. The article concludes with the suggestion that corrective justice, as the conceptual pattern that makes private law what it is, can be considered the formal and final cause of private law.  相似文献   

9.
Public education is a sphere of society in which distributive justice with respect to the allocation of opportunities to learn can have profound and lasting effects on students’ educational outcomes. We frame our study in the distributive justice literature, and define just outcomes specifically from a meritocratic and strict egalitarian perspectives in order to investigate how assignment to academic tracks and the availability of opportunities to learn during high school are associated with students’ academic achievement during college. We examine the role of “just” placement into high school academic tracks, “just” access to high-quality teachers, and “just” assignment of secondary schools’ resources in high school, in relation to college freshmen’s grade point averages (GPA). We utilize longitudinal data from a unique dataset with over 15,000 students who spent their academic careers in North Carolina public secondary schools and then attended North Carolina public universities. Our results suggest that “unjust” assignment of students to certain high schools, access to high-quality teachers, and assignment to learn in specific academic tracks result in long-lasting consequences that are reflected in freshman college GPA. Importantly, findings also show that the direction and magnitude of the relationship between distributional injustice at schools and college performance is moderated by students’ own gender and race. Race and gender interact with the high schools’ institutional contexts operationalized by tracking practices, teacher quality, and by school racial and socioeconomic composition. Results show that similar settings do not affect all students in the same ways.  相似文献   

10.
This article reports judgments on the rights and obligations of the unemployed in The Netherlands. A large majority of the Dutch population is shown to support (i) the unemployed’s right to social security as well as their obligation to work, (ii) the principle that declining a job offering should be punished, and (iii) harsh sanctions in some specific cases of job refusal. An emphasis on the obligation to work results from conservative attitudes regarding both distributive justice (economic conservatism) and retributive justice (cultural conservatism). Furthermore, conservative attitudes regarding distributive justice derive from a privileged economic position (especially high income and infrequent experience of unemployment), whereas conservative attitudes regarding retributive justice result from a restricted cultural position (low level of education, technical rather than cultural type of education, and limited involvement in arts and culture).  相似文献   

11.

The Kantian theory of private law, as Ernest Weinrib and Arthur Ripstein have developed it over the last two decades, is based on a fundamental normative truth, viz., no person is subordinate or superior to another person. Kantians construe any attempt to understand and justify the distribution of the rights-claims and rights-liberties that constitute private law in terms of aggregate welfare and/or distributive justice, as a deep category mistake. This essay outlines a ‘semi-Kantian’ theory of private law, which is like Kant’s in that it understands private law as a means of instituting and protecting private freedom. Yet, semi-Kantians insist that the choice between different private law programs, which respect private freedom equally well, can at times be justified by considerations of aggregate welfare and distributive justice, as well as other considerations that concern the impact on society as a whole.

  相似文献   

12.
Miller's volume is a useful, thorough, and innovating overview of the subject of social justice. It inspires three lines of critical response. The first involves the symbiotic role of philosophy and empirical inquiry in the analysis of justice. The second involves the qualities of opportunity that ought to underlie justice. Finally, there are a few lessons regarding the status of justice in the overall evaluation of society that can be learned from the case of the United States, which has an anomalously bad record with respect to distributive justice. The centrality of politics is one of the implications of the analysis.  相似文献   

13.
Distributive and procedural justice, two dimensions of organizational justice, have been found to be salient antecedents of many correctional staff attitudes, such as job stress, job satisfaction, and organizational commitment; however, little correctional research has examined their relationships with the life satisfaction, burnout, and turnover intent. Multivariate regression equations were estimated to determine the association of personal characteristics, distributive justice, and procedural justice with the life satisfaction, burnout, and turnover intent of correctional employees based on a survey of 160 staff at a private midwestern maximum security institution. Both distributive and procedural justice had a statistically significant inverse association with burnout and turnover intent, while procedural justice had a significant positive relationship with life satisfaction. Additionally, the results indicated that the association of procedural justice was larger than the association for distributive justice. Similar results were obtained using only responses from correctional officers.  相似文献   

14.
Respect for justice has traditionally been an essential principle of health care ethics. However, many bioethical accounts of justice focus only on distributive justice, and how resources for health care should be allocated. In this article, I will argue that the practice of forensic mental health care requires clinicians to engage with justice in three additional and different ways: justice as liberty and fairness; retributive justice and protection of the vulnerable; and justice as the promotion of virtue. I will argue that British forensic psychiatry favours retributive and protective justice; in contrast to a libertarian approach to forensic practice in the United States. I discuss how respect for justice as support for virtue complements therapeutic work with offenders, which aims at the development of pro‐social character. I will conclude that without respect for justice as virtue, there is a danger that clinical forensic psychiatry risks doing harm to patients and bringing the profession into disrepute.  相似文献   

15.
The study of distributive justice may be examined using two research perspectives. The first, etic perspective seeks to unveil the common characteristics that characterize the spectrum of distributive justice phenomena across different cultures and circumstances. This perspective focuses on the universal aspects of justice behavior, namely, general laws and causal explanations. The second, emic perspective focuses on the ways in which justice behavior is expressed in specific socio-cultural contexts. This paper proposes a three-part reflection on these two perspectives on distributive justice. First, we review the ways in which the emic, culturally specific perspective has hitherto been incorporated into research on distributive justice; second, we examine the ways which the etic and emic perspectives are employed in two empirical studies on justice perception in Israel; and, finally, we suggest possible ways in which an extended emic perspective can be further incorporated in the study of distributive justice. An earlier version of this paper was presented at the Social Justice Conference, University of Bremen, Bremen, Germany, March 2005.  相似文献   

16.
程雷 《行政与法》2013,(7):36-39
社会保障制度的作用在于实现财富的二次再分配,是现代社会保障制度安排重要的理论支撑.20世纪70年代以来,西方福利国家在发展过程中出现了一系列新的趋势、特点和问题:奥肯在1974年提出了著名的“漏桶实验”理论,围绕经济效率和公平正义的讨论持续多年;罗尔斯等人提出了社会分配正义理论,使社会保障的价值诉求趋向社会公平正义.目前,我国正处于社会转型期,奥肯“漏桶实验”理论可以为我国社会保障制度的理论和实践带来一些启示.  相似文献   

17.
Gender differences in treatment and in judgments of distributive and procedural justice were examined. Three hundred nine litigants who had been involved in arbitrated auto negligence lawsuits responded to exit surveys. Two mechanisms by which gender might influence justice perceptions were explored. First, we examined whether a “chivalry bias” might be operating, in which the procedures systematically favor women over men. If such biases occur, women might feel they had been treated more fairly because of egocentric biases. Results provided only modest support for the chivalry bias. While women received slightly better awards and perceived somewhat more control than men, these differences had no effect on perceptions of distributive or procedural justice. Second, we examined whether men and women differ systematically in the factors they use as indicators of distributive and procedural justice. On the basis of group-value theory we predicted that women might place more emphasis on standing or on outcome favorability. The study revealed that men and women did differ in how they defined distributive justice, with women placing more emphasis on their perceived standing and on their perceptions of the favorability of their outcomes. There were no substantial gender differences in how procedural justice was defined. Results are interpreted in terms of how women might be responding to insecurity about facing a justice system historically dominated by men. An erratum to this article is available at .  相似文献   

18.
Social Justice Research has devoted two recent issues to the topic of inequity responses in non-human animals. The goal of this paper is to provide some commentary from the perspective of psychological theory and research on justice and fairness in humans. In an attempt to build greater cross-disciplinary sharing of ideas and insights, I briefly review the major insights from (a) contemporary research on questions of fairness and justice with non-human primates and how this corpus of knowledge can inform the on-going study of these issues in psychology and related disciplines, and (b) 50-plus years of research on justice and fairness in psychology and related disciplines, and how it can inform contemporary research efforts with non-human animals going forward. The spotlight behavioral economists and justice research with non-human animals places on the primary role of distributive justice is suggestive that it may be time for a renaissance of interest in this topic in psychology and related disciplines. The focus of psychological research on topics such as boundary conditions on equity as key justice concern (e.g., alternative distributive norms such as equality and need), as a well as attention given to procedural, interactional, retributive, and restorative justice, is suggestive that research with non-human animals should broaden its horizons to study alternative conceptions of justice and fairness.  相似文献   

19.
Moving beyond the typical focus on individual injustices, we examine individual-level and contextual factors affecting perceptions of justice with regard to the environment. Specifically, we examine decision-making procedures pertaining to environmental resource use and harms across groups of people; the distribution of environmental harms; and the direct treatment of the natural environment (i.e., procedural environmental justice, distributive environmental injustice, and ecological injustice, respectively). To test our hypotheses, we use data from a survey administered to a cohort of first-year college students at a southeastern university. Results demonstrate that environmental identity and perceptions of the extent to which the university context encourages sustainability consistently enhance perceptions of all three types of justice. Other factors differentially affect each type of justice. We discuss the importance of the patterns that emerge for environmental and sustainability education and speculate on the implications of moving from thinking about (in)justice related to the environment as an individual issue to one of the collectivity.  相似文献   

20.
During the past 15 years social psychological research on justice has evaluated hypotheses about linkages among various personal and institutional attributes and variables like outcome favorability and perceptions of procedural and distributive justice in decision-making contexts. This article reexamines hypotheses and findings about procedural and distributive justice using data from the dispute adjustment process used by a state regulatory agency. This study differs from any previous studies of perceptions of justice in two respects. First, the study employs data about the perceptions ofboth sides of a disputing experience before a public authority. Second, rather than using multiple regression and path analysis as in many past studies, we illustrate the value of hierarchical log-linear analysis as an analytical technique. The data analyzed through loglinear analysis permit us to reconsider previous conclusions about the procedural neutrality and participation in dispute adjustment and the linkage of these concepts to the legitimacy of the political regime.  相似文献   

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