Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives

285 Pages·2020·6.687 MB·English

by  Denise Meyerson, Catriona Mackenzie, Therese MacDermott

Procedural Justice and
Relational Theory
This book bridges a scholarly divide between empirical and normative theorising
about procedural justice in the context of relations of power between citizens
and the state.
Empirical research establishes that people’s understanding of procedural
justice is shaped by relational factors. A central premise of this volume is that this
research is signifcant but needs to be complemented by normative theorising that
draws on relational theories of ethics and justice to explain the moral signifcance
of procedures and make normative sense of people’s concerns about relational
factors. The chapters in Part I provide comprehensive reviews of empirical studies
of procedural justice in policing, courts and prisons. Part II explores empirical and
normative perspectives on procedural justice and legitimacy. Part III examines
philosophical approaches to procedural justice. Part IV considers the implications
of a relational perspective for the design of procedures in a range of legal contexts.
This collection will be of interest to a wide academic readership in philosophy,
law, psychology, and criminology.
Denise Meyerson, Macquarie Law School, Macquarie University, Sydney
Catriona Mackenzie, Department of Philosophy, Macquarie University, Sydney
Therese MacDermott, Macquarie Law School, Macquarie University, Sydney
Routledge Research in Legal Philosophy
Procedural Justice and Relational Theory
Empirical, Philosophical, and Legal Perspectives
Edited by Denise Meyerson, Catriona Mackenzie, and Therese MacDermott
Procedural Justice and
Relational Theory
Empirical, Philosophical, and
Legal Perspectives
Edited by Denise Meyerson,
Catriona Mackenzie, and
Therese MacDermott
First published 2021
by Routledge
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and by Routledge
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© 2021 selection and editorial matter, Denise Meyerson, Catriona
Mackenzie, and Therese MacDermott; individual chapters, the
contributors
The right of Denise Meyerson, Catriona Mackenzie, and Therese
MacDermott to be identifed as the authors of the editorial material,
and of the authors for their individual chapters, has been asserted in
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ISBN: 978-0-367-32172-7 (hbk)
ISBN: 978-0-429-31724-8 (ebk)
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Contents
List of contributors vii
Acknowledgements ix
Introduction: Procedural justice in law, psychology,
and philosophy 1
DENISE MEYERSON, CATRIONA MACKENZIE, AND THERESE MACDERMOTT
PART I
Procedural justice in policing, courts, and prisons:
Empirical reviews 19
1 The empirical study of procedural justice policing in
Australia: Highlights and challenges 21
KRISTINA MURPHY
2 Procedural fairness and jury satisfaction: An analysis of
relational dimensions 44
JANE GOODMAN-DELAHUNTY, DAVID TAIT, AND NATALIE MARTSCHUK
3 Procedural justice in corrections 63
JULIE BARKWORTH
PART II
Procedural justice and legitimacy: Empirical and
normative perspectives 83
4 Procedural justice, legitimacy, and social contexts 85
ANTHONY BOTTOMS AND JUSTICE TANKEBE
vi Contents
5 Procedure–content interaction in attitudes to law and in
the value of the rule of law: An empirical and philosophical
collaboration 111
NOAM GUR AND JONATHAN JACKSON
6 Legal legitimacy and the relevance of participatory procedures 141
SARAH SORIAL
PART III
The concept of procedural justice: Philosophical
perspectives 157
7 The inadequacy of instrumentalist theories of procedural justice 159
DENISE MEYERSON
8 The many facets of procedural justice in legal proceedings 178
EMANUELA CEVA
9 Procedural justice, relational equality, and self-respect 194
CATRIONA MACKENZIE
PART IV
Implications and applications: Legal institutions and the
exercise of legal authority 211
10 Racial profiling as pejorative discrimination 213
NATALIE STOLJAR
11 Administrative discretion and governing relationships:
Situating procedural fairness 232
KRISTEN RUNDLE
12 The framing of tribunal procedures: A question of balance
or a participation-centred approach? 252
THERESE MACDERMOTT
Index 269
Contributors
Julie Barkworth is a Lecturer in the School of Criminology and Criminal Justice
and Griffth Criminology Institute at Griffth University. She has research
interests in procedural justice, cooperation and compliance behaviour, def-
ance and resistance to authority, policing, policing vulnerability, corrections,
and prisoner well-being.
Anthony Bottoms is Emeritus Wolfson Professor of Criminology at the
University of Cambridge and Honorary Professor of Criminology at the
University of Sheffeld. He is also a Fellow of the British Academy.
Emanuela Ceva is Professor of Political Theory at the University of Geneva. She
works on confict and justice, democracy, and corruption.
Jane Goodman-Delahunty is Professor of Forensic and Legal Psychology at
Charles Sturt University and a Member of the New South Wales Civil and
Administrative Tribunal. Her empirical legal studies foster evidence-based
decisions to promote social, procedural, and distributive justice.
Noam Gur is a Senior Lecturer in Law and Co-Director of the Centre for Law
and Society in a Global Context at Queen Mary University of London. He
specialises in jurisprudence and has further research interests in political theory
and in tort law.
Jonathan Jackson is a Professor of Research Methodology at the London
School of Economics and an Honorary Professor at the University of Sydney
Law School. He is a criminologist working at the intersection of psychology
and law.
Therese MacDermott is a Professor at Macquarie Law School, with research
interests in the areas of dispute resolution, employment rights, equality, and
anti-discrimination law. Her professional engagement with legal practice and
tribunal processes has facilitated the focus of her research on evaluating the
utility and accessibility of statutory rights.
viii C ontributors
Catriona Mackenzie is a Distinguished Professor in Philosophy at Macquarie
University and a Fellow of the Australian Academy of Humanities. Her
research interests lie at the intersection of ethics, applied ethics, moral psy-
chology, and feminist philosophy.
Natalie Martschuk is a Research Associate at Charles Sturt University, Australia.
Her research focuses on effectiveness of interviewing strategies, procedural
justice, decision- making, and witness reliability and credibility. Previously,
she practiced as a psychologist at the State Hospital for Forensic Psychiatry
(Stendal, Germany).
Denise Meyerson is a Professor of Law at the Macquarie Law School, Macquarie
University, and a Fellow of the Australian Academy of Law. Her research
interests lie at the intersection of human rights law, legal philosophy, and
political philosophy.
Kristina Murphy is a Professor of Criminology and an Australian Research
Council Future Fellow at the Griffth Criminology Institute, Griffth
University. Her current research projects explore the importance of proce-
dural justice in the context of policing crime victims, and immigrant, ethnic
minority, and Muslim communities in Australia. Her focus is on how proce-
dural justice in policing can improve police–community relations.
Kristen Rundle is a Professor and Co-Director of the Centre for Comparative
Constitutional Studies at Melbourne Law School. She teaches and researches
in the felds of legal theory and administrative law.
Natalie Stoljar is an Associate Professor in the Department of Philosophy at
McGill University. Her research is principally in three areas: feminist philoso-
phy, social and political philosophy, and the philosophy of law.
Sarah Sorial is an Associate Professor in Law at Macquarie University. Her
research is primarily at the intersection of philosophy and law, with a specifc
focus on the limits of free speech, the importance of democratic deliberation,
and the place of rights in liberal democracies.
David Tait is Professor of Justice Research at Western Sydney University. He
has led four Australian Research Council funded research projects about court
environments, technologies, and processes and is currently developing immer-
sive virtual courts.
Justice Tankebe is a Lecturer in Criminology at the University of Cambridge.
His research interests are in policing and illegitimacy, procedural and distribu-
tive injustice, institutional distrust, corruption, and vigilantism.
Acknowledgements
We would like to thank the contributors to this volume whose enthusiasm for this
project and hard work made it possible. Wendy Carlton provided outstanding
editorial assistance. Her eagle eye for detail in matters of consistency, referenc-
ing, style, and formatting made the task of the editors immeasurably easier. We
are also grateful to Alison Kirk, our editor at Routledge, for her encouragement
and friendly support throughout this project. The editors’ research for this vol-
ume was funded by the Australian Government through the Australian Research
Council’s Discovery Project funding scheme (DP1701009600: ‘A Relational
Theory of Procedural Justice’). We are very grateful to the Australian Research
Council for its support. The origins of the volume lie in a workshop funded by
the Australian Research Council and the Macquarie University Research Centre
for Agency, Values and Ethics. This workshop, which was held at Macquarie
University in September 2018, brought together moral and legal philosophers,
lawyers, social psychologists and criminologists to explore the topic of procedural
justice. Earlier versions of some of the chapters in this volume were presented
at the workshop and the productive discussion among the participants greatly
enriched the fnal product. Each of us would also like to acknowledge the time
and commitment our fellow editors put into bringing this project to fruition.
Denise Meyerson, Macquarie
University, Sydney
Catriona Mackenzie, Macquarie
University, Sydney
Therese MacDermott, Macquarie
University, Sydney
April 2020