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285 Pages·2020·6.687 MB·English
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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 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 52 Vanderbilt Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 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 accordance with Sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identifcation and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 978-0-367-32172-7 (hbk) ISBN: 978-0-429-31724-8 (ebk) Typeset in Galliard by Deanta Global Publishing Services, Chennai, India 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

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