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71.
The legitimacy of legal authorities – particularly the police – is central to the state's ability to function in a normatively justifiable and effective manner. Studies, mostly conducted in the US and UK, regularly find that procedural justice is the most important antecedent of police legitimacy, with judgments about other aspects of police behavior – notably, about effectiveness – appearing less relevant. But this idea has received only sporadic testing in less cohesive societies where social order is more tenuous, resources to sustain it scarcer, and the position of the police is less secure. This paper considers whether the link between process fairness and legitimacy holds in the challenging context of present day South Africa. In a high crime and socially divided society, do people still emphasize procedural fairness or are they more interested in instrumental effectiveness? How is the legitimacy of the police influenced by the wider problems faced by the South African state? We find procedural fairness judgments play a key role, but also that South Africans place greater emphasis on police effectiveness (and concerns about crime). Police legitimacy is, furthermore, associated with citizens' judgments about the wider success and trustworthiness of the state. 相似文献
72.
Robert C. Jones 《Contemporary Justice Review》2015,18(4):467-482
The literature on social justice, and social justice movements themselves, routinely ignore nonhuman animals as legitimate subjects of social justice. Yet, as with other social justice movements, the contemporary animal liberation movement has as its focus the elimination of institutional and systemic domination and oppression. In this paper, I explicate the philosophical and theoretical foundations of the contemporary animal rights movement, and situate it within the framework of social justice. I argue that those committed to social justice – to minimizing violence, exploitation, domination, objectification, and oppression – are equally obligated to consider the interests of all sentient beings, not only those of human beings. 相似文献
73.
Shane Epting 《Contemporary Justice Review》2015,18(3):352-365
The United States Federal Government has repeatedly put the people of Vieques, Puerto Rico in harm’s way due to the injurious after-effects of air-to-ground weapons testing. Most of the harm happened during the Navy’s 70 years on the island. Yet, the harm continues today considering that aspects of the cleanup count as continued acts of environmental injustice, viewed within the context of the island’s colonial history. Usually, this harm deals with public health issues, but the remediation protocols do not account for considerations such as cultural identity and heritage. This paper shows how the procedures for environmental remediation in Vieques qualify as a case of environmental injustice according to Robert M. Figueroa’s ‘environmental justice paradigm.’ The aim of employing this kind of approach is to pinpoint the underlying reasons why this is a case of environmental injustice. 相似文献
74.
While restorative justice has been the topic of much research, a specific type of program included in restorative justice, Impact of Crime (IOC) on Victims programs, has not been widely studied or assessed for effectiveness. This study examines IOC on Victims Curriculum Development Programs. Offenders from programs in California, Ohio, Tennessee, and Virginia were participants in this research. A four-state evaluation methodology was developed in order to assess the effectiveness of these programs in educating offenders about victims’ right and victim facts, as well as increasing their sensitivity to victims’ difficulties. The findings in this evaluation lend support to previous studies, indicating efficacy for IOC programs. Suggestions for future research are briefly discussed. 相似文献
75.
Kelli E. Canada Virginia Aldige Hiday 《The journal of forensic psychiatry & psychology》2014,25(3):321-340
Mental health courts (MHCs) operate on the principles of procedural justice (PJ). PJ highlights the importance of process over outcomes in encounters with authority. Subjective perceptions of having voice, being heard by decision-makers, and being treated with respect and concern by figures of authority are influential in assessment of fairness and in cooperation with decisions, regardless of favorability of the outcome. In this paper, we investigate MHC participant perception of PJ in interactions with MHC staff and the association between perceptions and recidivism (i.e. time in jail, new arrests, and probation violations), treatment adherence, and MHC termination. Participants from two MHC programs (n?=?80) took part in this study. Results suggest that perception of PJ during interactions with the entire MHC team is significantly associated with program termination, but not with participant behaviors during MHC. Implications for MHC practitioners and researchers are discussed. 相似文献
76.
The current research explores six hypotheses derived from the well-known procedural justice-based model of legitimacy in two different religious groups in Israel, and adds to the model the effect of religiosity on the perceived legitimacy of rules and institutions of social control. Our results, based on data from a representative sample of 1,216 Israeli Jews and Arabs, provide general support for the hypotheses. We found that the social order is perceived as less legitimate by the Arab minority compared with the Jewish majority, and by highly religious members of the Jewish majority compared with those who are less religious. 相似文献
77.
《社会福利与家庭法律杂志》2012,34(4):389-405
ABSTRACTThrough an analysis of cases where a declaration of non-parentage has been made in the context of flawed consent to the agreed parenthood provisions under the HFE Act 2008, this article illustrates the inconsistencies of the current law relating to intention as the basis for agreed parenthood. I argue that the courts are not always faithful to the underlying policy of recognising intention to attribute legal parenthood, in particular where the putative parents’ relationship has broken down. If intention, expressed through consent to the use of donated gametes and ensuing parenthood, is to provide as much certainty as parentage based upon a genetic link, then administrative flaws in the respect of the legislative formalities should not allow parenthood to be challenged where there is nevertheless evidence of the parties’ intention to become parents. I argue that it is problematic to prioritise certainty of the existing inadequate procedural conditions at the expense of certainty for the child’s identity. Given that parenthood is central to an individual’s identity and consequently has repercussions not only for the individuals concerned, but for wider society too, a much clearer articulation of how intention is enshrined as the basis of parenthood is needed. 相似文献
78.
79.
M.A.D.S.J.S. Niriella 《国际比较与应用刑事审判杂志》2013,37(3):233-247
Within the framework of retributive justice, crime is understood as an offence against the State and is defined as a violation of law. It represents the punitive approach of reaction to crime, where the offenders are considered as an unwanted group who should be punished. However, with the development of criminology, offenders are identified as the persons needing rehabilitation and reintegration into the society as law abiding citizens. This novel thinking has paved the way to the establishment of the concept of restorative justice where crime is understood to be an infringement on man and human relationship. It involves reintegration of both the offender and victim within the community. The restorative justice principle could be found in community service orders, probation, parole, and other noncustodial measures as alternatives to the traditional incarceration, victim offender mediation, sentencing, peacemaking and healing circles, police cautions, and active participation of victims in the criminal justice process, and so on. This article evaluates Sri Lanka's transformation from retributive justice to restorative justice by incorporating the above-mentioned means and methods to the criminal justice system. Further, it examines how these innovations have affected the crime rate in Sri Lanka. 相似文献
80.
This study examines the role of sociodemographic factors and violence characteristics in influencing women's reporting behaviors and types of police intervention received in response to intimate partner violence (IPV) in Canada. A subset of female respondents to Canada's 1999 General Social Survey who experienced physical or sexual IPV by a male perpetrator and who had contact with the police as a result of the violence was used for this analysis (n = 383). Findings suggest significant racial, economic, and social variations in women's motivation for self-reporting violence to the police as well as in the types of law enforcement interventions administered by police in response to reports of IPV. Implications for policy development are examined. 相似文献