Negotiating Peace: The Role of Procedural and Distributive Justice in Achieving Durable Peace

Author(s):  
Daniel Druckman ◽  
Lynn Wagner
Author(s):  
Samuel Freeman

This introductory chapter begins with a discussion of liberalism, which is best understood as an expansive, philosophical notion. Liberalism is a collection of political, social, and economic doctrines and institutions that encompasses classical liberalism, left liberalism, liberal market socialism, and certain central values. This chapter then introduces subsequent chapters, which are divided into three parts. Part I, “Liberalism, Libertarianism, and Economic Justice,” clarifies the distinction between classical liberalism and the high liberal tradition and their relation to capitalism, and then argues that libertarianism is not a liberal view. Part II, “Distributive Justice and the Difference Principle,” analyzes and applies John Rawls’s principles of justice to economic systems and private law. Part III, “Liberal Institutions and Distributive Justice,” focuses on the crucial role of liberal institutions and procedures in determinations of distributive justice and addresses why the first principles of a moral conception of justice should presuppose general facts in their justification.


Author(s):  
John Gardner

Torts and Other Wrongs is a collection of eleven of the author’s essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in private law adjudication. Though focused on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.


Author(s):  
Geoffrey Parsons Miller

This chapter explores the thesis that the historical narratives of the Hebrew Bible address abstract ideas about politics, government, and law. Taking issue with critics who view the Bible’s spiritual and theological message as incommensurable with political philosophy, the chapter argues that the stories of politics and kingship in the Hebrew Bible’s historical books set forth set forth an impressive political theory that rivals, in some respects, the work of Plato, Aristotle, and other Greek thinkers. The key is to bring out the general ideas behind the specific narrative elements. The chapter illustrates this thesis by examining the Hebrew Bible’s treatment of a number of classic problems of political theory: anarchy, obligation and sovereignty, distributive justice, and the comparative analysis of political organizations.


Sex Roles ◽  
1994 ◽  
Vol 30 (5-6) ◽  
pp. 303-318 ◽  
Author(s):  
Nancy L. Asdigian ◽  
Ellen S. Cohn ◽  
Mary Hennessey Blum

2017 ◽  
Vol 55 (2) ◽  
pp. 294-309 ◽  
Author(s):  
Yongqiang Gao ◽  
Wei He

Purpose An increasing number of studies have demonstrated a positive effect of corporate social responsibility (CSR) on employee organizational citizenship behavior (OCB), but little attention has been paid to the mechanisms and boundary conditions underlying this effect. The purpose of this paper is to propose a trickle-down model and examine the mediating role of supervisor ethical leadership and the moderating role of perceived organizational distributive justice in the CSR-OCB relationship. Design/methodology/approach To test the arguments, the authors collected field data in four companies located in a central city of China. Through a multi-wave data collection design, a total of 187 employees reported their perceptions toward firms’ CSR and organizational justice at Time 1, and reported their direct supervisors’ ethical leadership behaviors, and their own OCBs at Time 2 (four weeks later). Findings Empirical findings demonstrated that CSR had a positive effect on employee OCB, as mediated by supervisors’ ethical leadership. In addition, this mediation effect was found to be moderated by perceived organizational distributive justice such that the mediation relationship was stronger when perceived organizational distributive justice was lower than when it was higher. Originality/value The present study makes three major contributions. First, it contributes to the CSR literature by revealing the underlying mechanism of ethical leadership through which CSR will lead to increased employee OCB in the workplace. Second, the moderation findings of the study add a new piece of empirical evidence suggesting the boundary condition of organizational distributive justice affecting the positive effect of CSR on employee OCB. Finally, the trickle-down theoretical model demonstrates the pivotal role of leadership in transforming CSR into positive employee outcomes, providing valuable insights into future research that examines why CSR motivates in-organization employees at work.


2021 ◽  
pp. 155708512110626
Author(s):  
Shauntey James ◽  
Melanie D. Hetzel-Riggin

Institutions of Higher Education (IHEs) have used restorative justice (RJ) to address sexual misconduct on college campuses under Title IX. In 2020, Title IX guidance was codified. The application of RJ under the new policy may create procedural and distributive justice issues. This article (1) defines the new policy; (2) explores suitability of RJ to sexual misconduct and specifically yellow zone behavior under the new policy; (3) discusses justice for the various stakeholders under the guise of advantages and disadvantages; and (4) makes recommendations to strengthen the choice of either implementing or not implementing restorative justice.


Psichologija ◽  
2005 ◽  
Vol 32 ◽  
pp. 87-101
Author(s):  
Alfredas Laurinavičius

Teisingumo klausimas yra svarbus teisminio ginčo nagrinėjimo dalyviams. Suvoktas sprendimo ir procedūrinis teisingumas turi įtakos sprendimo ir jį priimančio asmens vertinimams. Atliktame faktoriniame 3 × 2 × 2 eksperimente buvo tiriama subjektyvios teisėjo sprendimo palankumo prognozės įtaka teisingumo vertinimams. Esant skirtingai teisėjo sprendimo prognozei, teisėjo elgesio ypatumai turi skirtingą įtaką procedūrinio teisingumo ir pasitikėjimo teismais vertinimams. Atliktas eksperimentas parodė, kad teisėjo elgesio ir procedūrinio teisingumo reikalavimų atitikimas yra ypač svarbus vertinant teisėjo elgesį tais atvejais, kai ginčo dalyvis prognozuoja nepalankų sau sprendimą arba neturi aiškios teisėjo sprendimo prognozės. Esant nepalankiai teisėjo sprendimo prognozei, teisėjo elgesio ir procedūrinio teisingumo reikalavimų atitikimas ypač stipriai veikia asmens pasitikėjimą teismais.Pagrindiniai žodžiai: teisingumo psichologija, procedūrinis teisingumas, ginčo sprendimas. THE INTERACTION OF JUDGE’S BEHAVIOR AND JUDGE’S DECISION PROGNOSIS IN THE PROCEDURAL JUSTICE JUDGMENTSAlfredas Laurinavičius SummaryPsychological research shows a big importance of procedural justice in dispute resolution. Perception of procedural justice affects evaluations of the performance of legal institutions and authorities, evaluations of legal decisions and outcomes, satisfaction with encounters with the legal system, support for legal institutions and compliance with law. According to K. van den Bos and E. A. Lind people are more affected by variation in fairness when they feel uncertain. Participants’ expectations about judge’s possible decision can moderate relationship between procedure and subjective evaluation of procedural justice. 3 × 2 × 2 factorial experiment was conducted: 3 (expectation of the possible decision: certainly positive, certainly negative, uncertain)× 2 (decision: positive vs. negative) × 2 (procedure: fair vs. unfair). The experiment was conduced in 2 Vilnius universities, participation was voluntary, participants were not paid. Data of 330 students (men and women) were analyzed. There were between 22 and 36 participants per cell. A scenario method was applied in the experiment. Participants were given a description of legal dispute of non material harm compensation. Participants were asked to imagine themselves as being defendant and evaluated a possibility of positive and negative decision. Participants were shown one of two videotapes with excerpts from litigation session. After watching the excerpt (fair treatment or unfair treatment) they received judge’s final decision (favorable or unfavorab le) and completed the questionnaire. Dependents variables in this experiment were participants’ evaluations of distributive justice, procedural justice, perceived voice, neutrality, trust in benevolence, status recognition and support for courts.A 2 × 2 × 3 ANOVA revealed significant interactions between Expectation and Procedure on perceived voice F (2,318) = 4.513, p < .05, η² = .028, neutrality F (2,318) = 3.413, p < .05, η² = .021 and support for courts F (2,318) = 3.084, p < .05, η² = .019. No interactions were found for distributive justice, procedural justice, trust in benevolence, status recognition. A significant effect of Expectation was found on distributive justice judgments F (2,317) = 5.02, p < .05, η² = .031. Those expected negative decision rated distributive justice more positively.The presented research shows that expectation of judge’s decision can moderate some procedural justice judgments and support for courts judgments. Variation of procedure had biggest effect on evaluation of perceived voice, neutrality and support for courts in condition when participant was expecting negative decision. It seems that expectation of negative decision makes people more sensitive to procedural issues. Being certain about positive decision decreases a role of procedure on those ratings.Keywords: Psychology of Justice, Procedural justice, Dispute resolution.


2020 ◽  
pp. 36-58
Author(s):  
Nicole Hassoun

Some maintain that people lack a human right to health because this right cannot provide guidance for distributing scarce resources. Even if the skeptics are right on this point, the second chapter suggests that is not a reason to reject the right; the role of the human right to health is to provide a kind of hope that can foster the virtue of creative resolve. This resolve is a fundamental commitment to finding creative solutions to what appear to be tragic dilemmas. Rather than helping one decide how to ration scarce resources, the human right to health provides reason to find ways to fulfill everyone’s claims. The hope this right provides gives us a response to apparent tragedy in motivating us to search for ways of avoiding it—rather than an account of distributive justice.


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