Philosophy Dictionary of ArgumentsHome
| |||
|
| |||
| Procedural justice: Procedural justice is the fairness of the processes used to resolve disputes and allocate resources. I is based on fairness, transparency, voice, and neutrality. See also Fairness, Neutrality, Adminitration, Court proceedings, Justice.
_____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
| Author | Concept | Summary/Quotes | Sources |
|---|---|---|---|
|
J. Rawls on Procedural Justice - Dictionary of Arguments
I 85 Procedural justice/Rawls: procedural justice comes into play when it is to be taken into account that there can be a general improvement for the better-off and the worse off, if not every position can be held by everyone. This stems from interdependence between what people do and what they are entitled to do(1)(2)(3). >Difference Principle/Rawls. Procedural justice: For example, when dividing a cake into several pieces, the last piece is given to the person who divides it. 1. there is a criterion independent of the procedure for determining what fair distribution is. 2. it is possible to establish a procedure that delivers the desired result. Incomplete procedural justice: can be found in court proceedings: it seems impossible to design procedural rules in such a way that they always lead to a correct result. >Court proceedings. I 86 Misjudgements: injustice does not originate from human error, but from a random combination of circumstances. So while here there is an independent criterion for the correct result (see point 1. above), there is no practicable procedure, which it certainly achieves. >Injustice, >Inequality. In contrast to that: Gambling/game/procedural justice/Rawls: in gambling there is a pure procedural justice without an independent criterion - justice results solely from the smooth running of the procedure. >Justice, >Criteria. Justice/Rawls: however, it is not possible to say that a fair state is one that results from a fair trial. Otherwise, any absurdly unequal distribution of goods could be justified if it had been achieved through gambling. I 87 Equal opportunities: plays the role of ensuring that procedural justice prevails in a cooperation model. >Equal opportunities. Procedural justice: makes it possible to ignore the highly complex circumstances in individual cases. >Circumstances, >Situations. 1. Literature on procedural justice: Brian Barry, Political Arguments, London 1965, ch. VI. 2. On the problem of fair distribution: R. D. Luce, Howard Raiffa, Games and Decisions, New York, 1957. 3. Hugo Steinhaus "The Problem of Fair Division", Econometrica, vol. 16, 1948._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Rawl I J. Rawls A Theory of Justice: Original Edition Oxford 2005 |
||
> Counter arguments against Rawls
> Counter arguments in relation to Procedural Justice
Ed. Martin Schulz, access date 2024-04-23