Formation of Procedural Justice Judgments in Legal Negotiation

2016 ◽  
Vol 26 (1) ◽  
pp. 19-43 ◽  
Author(s):  
Rebecca Hollander-Blumoff
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. 001112872097743
Author(s):  
Michael D. Reisig ◽  
Michaela Flippin ◽  
Gorazd Meško ◽  
Rick Trinkner

The invariance thesis posits that the effects of procedural justice judgments on police legitimacy beliefs are consistent across a variety of contexts, including urban neighborhoods. An alternative argument, one steeped in the relational model of authority, holds that procedural justice effects are weaker in high-crime communities where residents do not identify with the police and where they place more weight on instrumental concerns. This study used survey data from 1,000 adults in Ljubljana, Slovenia. The regression models showed that the association between procedural justice and police legitimacy was stronger in low-risk neighborhoods. In high-risk areas, distributive justice was a stronger correlate of legitimacy. Overall, the findings highlight how neighborhood context can moderate the influence of fairness judgments on supportive beliefs.


1990 ◽  
Vol 16 (2) ◽  
pp. 399-432 ◽  
Author(s):  
Jerald Greenberg

The present article chronicles the history of the field of organizational justice, identifies current themes, and recommends new directions for the future. A historical overview of the field focuses on research and theory in the distributive justice tradition (e.g., equity theory) as well as the burgeoning topic of procedural justice. This forms the foundation for the discussion offive popular themes in contemporary organizational justice research: (a) attempts to distinguish procedural justice and distributive justice empirically, (b) the development of new conceptual advances, (c) consideration of the interpersonal determinants of procedural justice judgments, (d) new directions in tests of equity theory, and (e) applications of justice-based explanations to many different organizational phenomena. In closing, a plea is made for future work that improves procedural justice research methodologically (with respect to scope, setting, and scaling), and that attempts to integrate and unify disparate concepts in the distributive and procedural justice traditions.


2000 ◽  
Vol 25 (04) ◽  
pp. 983-1019 ◽  
Author(s):  
Tom R. Tyler

A key problem in trying to manage diverse societies is finding social policies that will be acceptable to all individuals and groups. Studies suggest that this problem may not be as intractable as is often believed, since people's acceptance of policies is shaped to an important degree by the fairness of the procedures used by authorities to make policy. When policies are fairly made, they gain widespread support, even among those who may feel that the consequences of the policy for them or their group are undesirable or even unfair. These findings support an optimistic view of the ability of authorities to manage diverse societies. On the other hand, research suggests that the ability of procedural justice to bridge differences among individuals and groups may not be equally strong under all conditions. People's willingness to accept policies is more influenced by procedural justice judgments when they identify with the society that the authorities represent and view them as representing a group of which they are members. They are less influenced by procedural justice judgments when they identify more strongly with subgroups than with society and/or view the authorities as representatives of a group to which they do not belong.


2007 ◽  
Author(s):  
Rainer Greifeneder ◽  
Patrick A. Muller ◽  
Dagmar Stahlberg ◽  
Herbert Bless ◽  
Svenja K. Schattka

2021 ◽  
Vol 19 (3) ◽  
pp. 317-337
Author(s):  
Alana Saulnier ◽  
Diane Sivasubramaniam

The use of surveillance technologies by legal authorities has intensified in recent years. As new data collection technologies expand into law enforcement spaces previously dominated by interpersonal interactions, questions emerge about whether the public will evaluate interpersonal and technologically mediated interactions with legal authorities in the same ways. In an analysis guided by procedural justice theory, we examine whether and how legal authorities’ use of decision-making technology affects public evaluations of an authority-subordinate interaction and its outcome in the context of airport border crossings. Using an experimental vignette design (N = 278), we varied whether an encounter between a traveller and border security “agent” that produced a secondary search was described as interpersonal (conducted by a human agent) or technologically mediated (conducted by a machine agent). We also varied the traveller’s group membership relative to the nation-state, describing the traveller as either born in the country in question and a member of the nation’s most common racial group (in-group) or not born in the country and a racial minority (out-group). Both encounter type and group membership independently affected perceptions of the interaction (procedural justice judgements) and its outcome (distributive justice judgments). Technologically mediated encounters improved perceptions of procedural and distributive justice. Further, procedural justice judgments mediated the relationship between encounter type and distributive justice, demonstrating how perceptions of interactions influence perceptions of the outcomes of those interactions. Out-group members were evaluated as having worse experiences across all measures. The findings underscore the importance of extending tests of procedural justice theory beyond interpersonal interactions to technologically mediated interactions.


Sign in / Sign up

Export Citation Format

Share Document