The Effects of Prior Workplace Behavior on Subsequent Sexual Harassment Judgments

A dual processing model of sexual harassment judgments predicted that the behavior of a complainant in a prior case would influence evaluations in an unrelated subsequent case. In the first of two experimental scenarios depicting social-sexual conduct at work, the female complainant's conduct was manipulated to be aggressive, submissive, ambiguous, or neutral. Half of the participants were asked to reflect upon the first scenario after reading it and before answering responsibility questions. The other half simply reviewed the scenario and answered the questions. When the complainant acted aggressively, her behavior in the first scenario caused men who reflected on the fact pattern to find less evidence of harassment. Most interestingly, an aggressive complainant observed in the first scenario caused participants (especially women) to rate lower the likelihood that a neutral complainant in a second independent case was the victim of gender discrimination. Across cases, men found less evidence of harassment than did women.     

Drug Testing and Procedural Fairness: The Influence of Situational Variables

This study examines the effect of four variables (i.e., interpersonal treatment, organizational reputation, testing context, and consequence of testing) on perceptions of the procedural fairness of a drug-testing program. Main effects for each of these variables on perceptions of procedural fairness were expected. In addition, interactions were predicted between interpersonal treatment and organizational reputation, testing context and consequence, and testing context and interpersonal treatment. Results generally supported the hypotheses, revealing main effects for the four variables and two significant interactions. The implications of these findings for justice research and the design and implementation of drug-testing programs are discussed.     

Social Motives in Integrative Negotiation: The Mediating Influence of Procedural Fairness

Although a large body of research has examined the influence of social motives on integrative negotiation, little is known about how social motives affect procedural fairness judgments in negotiation. In two experiments concerned with small group negotiation, we manipulated group members' social motives (pro-social vs. egoistic), and measured joint negotiation outcomes and procedural fairness. Experiment 1 showed that, compared to group members with an egoistic motivation, those with a pro-social motive experienced more procedural fairness, which was partly responsible for the higher joint outcomes they obtained. In Experiment 2, we manipulated social motives and decision rule. Results showed that pro-social groups experienced more procedural fairness than egoistic groups when a majority rule was applied, but not when a unanimity rule was applied.     

司法判决“终局性”问题研究——以内地司法判决在香港承认与执行为中心

终局性问题成为内地判决在香港顺利获得承认执行的主要障碍。香港法院通过一系列判决建立起了针对内地司法判决终局性的完整规则体系。通过对普通法法域终局性规则晚近发展的考察,并依据普通法判决理由的确定理论,建议香港法院采纳灵活的终局性标准,即判断终局性的关键应在于内地司法判决是否在当事人之间创设了确定的债权债务关系。     

中国古代判词的法学与文学价值

制作好判词是中国古代为官执政司法的一个重要内容。中国古代的判词发展,不但与古代社会的政治、经济和文化发展、朝代更替有着密切的关系,而且还与中国古代法律儒家化的进程有着密切的联系。判词要进行规范评价、旁征博引,就有一个引经据典的叙事说理过程,从而使判词具有强大的穿透力和不可违拗的说服力。古代判词的价值评价往往通过文情并茂的文学表现形式加以展现出来。对古代优秀判词加以批判地继承和转化,从而将今天的裁判文书写得更加完美,也会有利于今天的法治文化建设。     

外国判决在新加坡的承认与执行

外国判决可以通过两种程序在新加坡得到承认与执行.第一种是登记程序,其依据是<英联邦判决相互执行法>或者<外国判决相互执行法>.前者规定了在英联邦国家获得的判决在新加坡的相互执行;后者适用于给与新加坡判决在该外国的承认与执行以互惠待遇的非英联邦成员的国家.登记外国判决的程序规定在<高等法院规则第67号令>中.第二种是重新审理程序,即根据普通法,以外国判决为依据在新加坡法院提起诉讼.     

Making the Sexual Harassment of Others Self-Relevant: The Roles of Identity Salience and Value Affirmation

In three experiments, female participants were primed to think of themselves as female university students or unique individuals. We predicted that group-primed participants would find reading about the sexual harassment of a female student threatening to their self-concepts. However, if these participants could affirm an important value, the threat to their personal self-esteem might be resolved. Group-primed participants who wrote about an important individual value reported higher personal self-esteem in comparison with group-primed participants who did not. However, when group-primed participants wrote about a value important to their group, they did not report higher personal self-esteem in comparison to group-primed participants who lacked this opportunity. The results suggest that group-primed participants who affirmed an important individual value reported higher personal self-esteem because it allowed them to re-categorize themselves as unique individuals who were different from the female victim.

Affect and Fairness in Economics

A strained relationship exists between mainstream economics and ethics. Over the last decade, behavioral economists have strongly argued for the importance of fairness in motivating behavior, based on substantial experimental evidence. Two main approaches to the modeling of fairness have been proposed: the outcome-based inequity aversion approach, and the intention-based reciprocity approach. Both approaches have been quite successful in explaining the experimental evidence. Nonetheless, this paper questions the role that is assigned to fairness in these models and the way fairness is incorporated, using recent experimental findings concerning emotions and fairness perceptions. The analysis supports the view that feelings are important for justice, also from a policy perspective, and pleads for closer attention being paid to the functioning of emotional brain systems.

Does Fairness Matter More to Some than to Others? The Moderating Role of Workplace Status on The Relationship Between Procedural Fairness Perceptions and Job Satisfaction

Three field studies explored the relations among status, procedural fairness, and job satisfaction in the workplace. Study 1 revealed that status differences moderated the relationship between procedural fairness and job satisfaction such that there was a stronger relationship between procedural fairness and job satisfaction for individuals with higher perceived status than for those with lower perceived status. Study 2 examined a possible underlying psychological mechanism for the moderating effect of perceived status—the importance of procedural fairness deservingness—and found that higher levels of perceived status were associated with a greater sense of deservingness for procedural fairness. Extending the results of the first two studies, Study 3 found that procedural fairness deservingness mediated the moderating effect of status on the relationship between procedural fairness and job satisfaction. This research contributes to theories of fairness by further illuminating the role of status in affecting reactions to procedural fairness. This research also contributes to our understanding of status in organizations and shows that perceived status can lead to an increased sense of deservingness.     

论刑事诉讼中实体公正与程序公正之关系

程序公正近年来在我国法学理论界引起很大争论与探讨,就刑事诉讼中实体公正与程序公正之关系,各种观点百家争鸣,而该问题不仅为诉讼理论问题,且关系到诉讼中人权保障、诉讼模式等一系列实质内容,但有些提法抛开法律文化背景与法制现状,一味强调程序优先或过分坚持实体优先,有失偏颇。     

菲律宾对外国法院判决的承认与执行

在国际民事司法协助中 ,外国法院判决有其特定的含义。菲律宾《法院规则》明确规定了外国法院判决的效力。一位在判决的承认与执行方面倍受尊敬的菲律宾权威列举了承认与执行外国法院判决的要件。对外国判决的承认不需要提起任何诉讼 ,但一项外国判决的执行需要提起单独的诉讼     

民事执行检察监督权:价值、根据与立法完善

民事执行检察监督权,作为具有比法院内部监督更高的透明度,更强的监督力度,以及更能取信于民的权力,不仅有利于保证执行公正、制约"执行乱",以及在我国的执行实践中具有极大的实用价值,而且还具有法律上、中国宪政体制上,以及国家司法权力配置上的根据。对于这种权力,基于我国民事执行的现实需要,应当从立法上作进一步的完善。     

论海峡两岸民商事判决承认与执行制度的构建

最高人民法院继1998年《关于人民法院认可台湾地区有关法院民事判决的规定》之后,于2009年又制定了《关于人民法院认可台湾地区有关法院民事判决的补充规定》,使得两岸民商事判决承认与执行制度更进一步。然而,大陆与台湾的这种单向立法模式不能体现两岸法律共识,存在诸多弊端。随着两岸实现＂三通＂迎来的大交流、大合作、大融合及大发展,可以考虑在一个中国原则下,双方签订民商事判决承认与执行安排。在两岸民商事判决承认与执行机制中,重要问题是协调两岸管辖权冲突与审慎援引公共秩序保留制度。     

Blind Spots: The Effects of Information and Stakes on Fairness Bias and Dispersion

Mounting empirical research provides evidence of fairness bias and its economic and social effects, where fairness bias refers here to a deviation of claims from unbiased justice due to a personal stake. A far less appreciated issue is dispersion of fairness views and claims, which is also important for its effects on disagreements, empirical analysis, and philosophical theories. This study undertakes a systematic analysis of the effects on fairness bias and dispersion of two variables: stakes and information. Most philosophical and social science analyses related to justice and bias associate heightened bias with increased information and, conversely, impartiality with the elimination of certain information. Less attention has been paid to the opposing impact of information, which is to supply the facts needed to achieve justice more reliably. An important open question is whether, on balance, increased information helps agents to achieve fairer outcomes or whether biased use of such information contributes to less fair outcomes. This study focuses on a set of previously reported experiments that share certain features and subjects them to a new analysis. The results of this analysis suggest that, although information is often used in a self-serving way, increased information can, under certain conditions, contribute to fairness claims becoming less biased and less dispersed, both for stakeholders as well as impartial spectators.     

将判决承认与执行事项纳入WTO体系之思考--对美国学者Perez观点之分析与回应

美国学者Perez主张,应将判决承认与执行事项纳入WTO体系之中,并提出纳入WTO体系的司法改革途径和立法改革途径.然而通过分析可以发现,帕氏的此种观点和方法如果付诸实施存在诸多困难.与此相对,通过海牙国际私法会议拟定判决承认与执行公约应比将判决承认与执行事项纳入WTO体系更具可行性,效果更好.我国不适合贸然支持美国学者帕氏的观点.     

The Influence of Personal Values on Legal Judgments

The non‐legal factors that influence judicial decisions have been the subject of extensive debate. Theoretical and empirical work has focused on factors including political ideology, activism, attitudes, and demographics. Personal values are related to these factors and are central to decision making. The study described in this article translated theories and techniques from psychological research to examine the role of personal values in judicial decision making. A novel method of assessment of value expression in legal opinions revealed a different pattern of values expressed in the majority and minority opinions of a case that divided the Supreme Court. An empirical study of legal academics extended this analysis and highlighted the significant influence of personal values on legal decisions. The value:decision paradigm provides a new framework to analyse judicial decision making, judicial division, and judicial discretion and has significant implications for judicial diversity.     

论刑罚的公平性

刑罚的公平性有两种根据：一种是刑罚的报应根据，认为刑罚量的分配应该与已然之罪等量或等价；二是刑罚的预防根据，认为刑罚量的分配应该与未然之罪相适应。本文认为，刑罚分配的公平性既通过刑罚的报应根据（刑罚与主观恶性、客观危害相适应）体现出来，又通过刑罚的预防根据（刑罚与再犯可能、初犯可能相适应）体现出来，是二者对立统一的结果。     

Ambivalence in Intergroup Evaluation: The Role of Fairness Norm

We conducted two studies to examine the role of the social norm of fairness on cognitive (beliefs and judgments) and affective (emotions and feelings) ambivalence in an intergroup context of evaluation. As predicted, we found that ambivalence toward the ingroup is constantly higher in the cognitive dimension than in the affective dimension. Instead, cognitive and affective ambivalence toward the outgroup are generally similar but when the outgroup is highly protected by the fairness norm (i.e., the elderly), cognitive ambivalence is considerably lower than affective ambivalence. These findings provide evidence that (1) cognitive ambivalence is more controlled by the fairness norm than affective ambivalence, and that (2) it holds an adaptive function, changing in accordance with the demands of the normative context.

Procedural Fairness,Blame Attributions,and Presidential Leadership

The removal of the President of the United States from office is a rare and significant event. This study investigated the influence of procedural fairness and blame attributions on punishment and support attitudes during the 1998 impeachment of President Clinton. This study assessed the influence of the procedural fairness of Clinton's behavior, procedural fairness of the Kenneth Starr/Congress investigation, satisfaction with Clinton policies, and blame attributions on punishment attitudes (i.e., whether Clinton should be removed from office) and support attitudes (i.e., whether individuals would vote for Clinton if an election were held today). Both the procedural fairness of Starr/Congress and procedural fairness of Clinton' behavior significantly influenced punishment and support attitudes. Procedural fairness of Clinton had indirect effects on punishment attitudes (through perceived blame of Clinton) and direct effects on support attitudes. Procedural fairness of Starr/Congress had direct effects on both punishment and support attitudes.     

Reactions to Perceived Fairness: The Impact of Mortality Salience and Self-Esteem on Ratings of Negative Affect

In correspondence with terror management theory, the findings of two experiments show that reminders of death lead to stronger effects of perceived fairness on ratings of negative affect. Furthermore, in line with the theory's self-esteem mechanism, results of Experiment 1 suggest that state self-esteem may mediate this relationship between mortality salience and fairness. In further correspondence with the self-esteem mechanism, findings of Experiment 2 reveal that introducing an activity (after reminders of death and before the fairness manipulation) with which people can reaffirm positive conceptions of themselves leads people to react less strongly to variations in fairness than not introducing such a self-affirmation activity. These findings suggest that people react especially strongly to perceived fairness when they are in need for a boost in their self-esteem. Implications for the psychology of fairness are discussed.