Procedural Justice
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Procedural Justice
Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings. This sense of procedural justice is connected to due process (U.S.), fundamental justice (Canada), procedural fairness (Australia), and natural justice (other Common law jurisdictions), but the idea of procedural justice can also be applied to nonlegal contexts in which some process is employed to resolve conflict or divide benefits or burdens. Aspects of procedural justice are an area of study in social psychology, sociology, and organizational psychology. Procedural justice concerns the fairness and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice (fairness in the distribution of rights or resources), and retributive justice (fairness in the punishment of wrongs). Hearing all parties before a decis ...
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Administration Of Justice
The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to describe a University degree (Bachelor of Arts in Administration of Justice), which can be a prerequisite for a job in law enforcement or government. Australia In ''Attorney General for New South Wales v Love'' (1898), the appellant argued that section 24 of the Act 9 Geo 4 c 83 did not have the effect applying the Nullum Tempus Act (9 Geo 3 c 16) (1768) to New South Wales. Counsel for the appellant said that ''Whicker v Hume'' (1858) decided that section 24 referred not to laws generally, but only to laws as to modes of procedure, and that the Nullum Tempus Act did not deal merely with procedure. The Lord Chancellor said that the Act 9 Geo 4 c 83 '' prima facie'' "applied the Nullum Tempus Act to the Colony in question as much as if it h ...
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Dissent
Dissent is an opinion, philosophy or sentiment of non-agreement or opposition to a prevailing idea or policy enforced under the authority of a government, political party or other entity or individual. A dissenting person may be referred to as a ''dissenter''. The term's antonyms include ''agreement'', '' consensus'' (when all or nearly all parties agree on something) and ''consent'' (when one party agrees to a proposition made by another). Philosophical In philosophical skepticism, particularly that of Pyrrhonism, the existence of dissent is a rationale for suspending judgment regarding the issue associated with the dissent. Dissent in this respect appears as one of the tropes in the Five Modes of Agrippa, pointing to the uncertainty demonstrated by the differences of opinions among philosophers and people in general. Political Political dissent is a dissatisfaction with or opposition to the policies of a governing body. Expressions of dissent may take forms from voca ...
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Service Recovery Paradox
The service recovery paradox (SRP) is a situation in which a customer thinks more highly of a company after the company has corrected a problem with their service, compared to how they would regard the company if non-faulty service had been provided. The main reason behind this thinking is that successful recovery of a faulty service increases the assurance and confidence from the customer. For example, a traveller's flight is cancelled. When she calls the airline, they apologise and offer her another flight of her choice on the same day, and a discount voucher against future travel. Under the service recovery paradox, the traveller is now ''happier'' with the airline, and more loyal to it, than she would have been had no problem occurred. Understanding SRP has been an important goal for both researchers and managers, as service failure is one of the main determinants of customer switching behavior and successful recovery from these failures is seen by some as critical for custome ...
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Organizational Justice
Greenberg (1987) introduced the concept of organizational justice with regard to how an employee judges the behavior of the organization and the employee's resulting attitude and behaviour. For example, if a firm makes redundant half of the workers, an employee may feel a sense of injustice with a resulting change in attitude and a drop in productivity. Justice or fairness refers to the idea that an action or decision is morally right, which may be defined according to ethics, religion, fairness, equity, or law. People are naturally attentive to the justice of events and situations in their everyday lives, across a variety of contexts. Individuals react to actions and decisions made by organizations every day. An individual's perceptions of these decisions as fair or unfair can influence the individual's subsequent attitudes and behaviors. Fairness is often of central interest to organizations because the implications of perceptions of injustice can impact job attitudes and behavio ...
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Interactional Justice
Interactional justice is defined by sociologist John R. Schermerhorn as the "...degree to which the people affected by decision are treated by dignity and respect" (''Organizational Behavior'', 2013). The theory focuses on the interpersonal treatment people receive when procedures are implemented. Interactional justice, a subcomponent of organizational justice, has come to be seen as consisting of two specific types of interpersonal treatment (e.g. Greenberg, 1990a, 1993b). The first labeled interpersonal justice, reflects the degree to which people are treated with politeness, dignity, and respect by authorities or third parties involved in executing procedures or determining outcomes. The second, labeled informational justice, focuses on the explanations provided to people that convey information about why procedures were used in a certain way or why outcomes were distributed in a certain fashion. Where more adequacy of explanation is prevalent, the perceived level of information ...
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Distributive Justice
Distributive justice concerns the socially just allocation of resources. Often contrasted with just process, which is concerned with the administration of law, distributive justice concentrates on outcomes. This subject has been given considerable attention in philosophy and the social sciences. In social psychology, distributive justice is defined as perceived fairness of how rewards and costs are shared by (distributed across) group members. For example, when some workers work more hours but receive the same pay, group members may feel that distributive justice has not occurred. To determine whether distributive justice has taken place, individuals often turn to the behavioral expectations of their group. Forsyth, Donelson R. 2006. "Conflict." Pp. 388–89 in ''Group Dynamics'' (5th ed.), by D. R. Forsyth. Belmont, CA: Wadsworth Cengage Learning. If rewards and costs are allocated according to the designated distributive norms of the group, distributive justice has occurred. ...
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Fair Procedure
Fair procedure is a common law doctrine that arises from a line of groundbreaking decisions of the Supreme Court of California dating back to the 1880s. Certain types of private actors (especially professional associations, unions, hospitals, and insurance companies), due to their overwhelming economic power within certain fields, cannot arbitrarily expel members or employees or deny persons admission for no logical reason; they are obligated to provide a rudimentary form of procedural due process (in the form of notice and a hearing). It is contrasted against due process in that it applies to private actors, while due process normally applies only to state actors. Damages for violating the right of fair procedure can be substantial. For example, the State Compensation Insurance Fund was found liable for $1,131,000 for arbitrarily denying a small medical clinic admission to its preferred provider network. But the right of fair procedure only applies where the conduct of the ch ...
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State (polity)
A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German sociologist Max Weber: a "state" is a polity that maintains a monopoly on the legitimate use of violence, although other definitions are not uncommon.Cudworth et al., 2007: p. 95Salmon, 2008p. 54 Absence of a state does not preclude the existence of a society, such as stateless societies like the Haudenosaunee Confederacy that "do not have either purely or even primarily political institutions or roles". The level of governance of a state, government being considered to form the fundamental apparatus of contemporary states, is used to determine whether it has failed. In a federal union, the term "state" is sometimes used to refer to the federated polities that make up the federation. (Other terms that are used in such federal systems may include “province”, ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ...
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Social Identity Theory
Social identity is the portion of an individual's self-concept derived from perceived membership in a relevance, relevant social group. As originally formulated by social psychologists Henri Tajfel and John C. Turner, John Turner in the 1970s and the 1980s, social identity theory introduced the concept of a social identity as a way in which to explain Group dynamics#Intergroup dynamics, intergroup behaviour. "Social identity theory explores the phenomenon of the 'ingroup' and 'outgroup', and is based on the view that identities are constituted through a process of difference defined in a relative or flexible way depends on the activities in which one engages" This theory is described as a theory that predicts certain intergroup behaviours on the basis of perceived group Social status, status differences, the perceived Legitimacy (political), legitimacy and stability of those status differences, and the perceived ability to move from one group to another. This contrasts with occ ...
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Ronald Dworkin
Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H.L.A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in ''The Journal of Legal Studies'', Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He m ...
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John Rawls
John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral, legal and political philosopher in the liberal tradition. Rawls received both the Schock Prize for Logic and Philosophy and the National Humanities Medal in 1999, the latter presented by President Bill Clinton, in recognition of how Rawls's work "revived the disciplines of political and ethical philosophy with his argument that a society in which the most fortunate help the least fortunate is not only a moral society but a logical one". In 1990, Will Kymlicka wrote in his introduction to the field that "it is generally accepted that the recent rebirth of normative political philosophy began with the publication of John Rawls's ''A Theory of Justice'' in 1971". Rawls has often been described as one of the most influential political philosophers of the 20th century. He has the unusual distinction among contemporary political philosophers of being frequently cited by the courts of law in the Unite ...
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