Online research in philosophy

Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument at all for the priority of the fair equality of opportunity principle over the difference principle. In this article I will argue that making the fair equality of opportunity principle separate from and lexically prior to the difference principle is both intuitively unattractive and inconsistent with Rawls’ method of deriving principles of justice from the choices of rational contractors in the original position.

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the

Liberal political theorists often argue that justice requires limits on policy outcomes, limits delineated by substantive rights. Distinct from this project is a body of literature dedicated to elaborating on the meaning of democracy in procedural terms. In this article, I offer an alternative to the traditional divide between procedural theories of democracy and substantive theories of justice; I call this the ‘value theory of democracy’. I argue that the democratic ideal is fundamentally about a core set of values (political autonomy, equality of interests, and reciprocity) with both procedural and substantive implications. Further, I contend that limits on policy outcomes can be newly understood as part of the democratic ideal. Key Words: democracy • rights • substantive • procedural • Habermas.

The nomological net for the construct of organizational justice was investigated. The estimated true score correlation between procedural and distributive justice (N = 4,696, K = 16) was 0.66. The patterns of correlations of both procedural and distributive justice with job satisfaction, OCB, commitment, and productivity were also meta-analytically estimated. Procedural justice was associated to a greater extent than distributive justice with organizational commitment, organizational citizenship behaviors and productivity. Distributive and procedural justice correlated similarly with job satisfaction. Partial correlations and variance reduction ratios suggested that relationships between distributive justice and work attitudes and behaviors were mostly mediated by procedural justice perceptions. Implications for theory and practice are discussed.

In this paper I focus on the discussion between Rawls and Habermas on procedural justice. I use Rawls's distinction between pure, perfect, and imperfect procedural justice to distinguish three possible readings of discourse ethics. Then I argue, against Habermas's own recent claims, that only an interpretation of discourse ethics as imperfect procedural justice can make compatible its professed cognitivism with its proceduralism. Thus discourse ethics cannot be understood as a purely procedural account of the notion of justice. Finally I draw the different consequences that follow from this reading. Key Words: discourse ethics • Jürgen Habermas • imperfect procedural justice • moral anti-realism • moral cognitivism • moral realism • perfect procedural justice • pure procedural justice • John Rawls.

This article aims to investigate the way in which a political theory of justice should respond to the endorsement of pluralism. After offering reasons in support of the necessity for such a theory to take pluralism seriously, an argument is put forward for its characterization in minimal and procedural terms. However, taking issue with the straightforward relationship of implication identified by a number of scholars between pluralism and procedural justice, this article contends that a direct relation can only be established between pluralism and the need to define a minimal theory of justice, i.e. a theory that assumes as little as possible in terms of values and views of the world. Its procedural formulation is seen, instead, as a consequence of the limited predictive power of theory facing the heterogeneous situations with which it is expected to deal.

Bringing together the most influential essays in ethical philosophy throughout the twentieth century, this comprehensive collection examines the issues that form the basis of the modern understanding of a democratic society. The carefully selected articles debate the character of human, legal, institutional, and universal equality and justice. Topics and coverage include contemporary notions of justice and social equality; the conceptual foundation for requiring minimum justice and equality; discussions of who is entitled to justice and equality and who is obliged to provide these conditions; and universal, procedural, legal concepts of justice and equality. This collection is a useful survey on timeless issues of interest to students and scholars in philosophy, law, policy, and international relations alike. This volume is available on its own or as part of the six-volume set, Equality and Justice . For a complete list of the volume titles in this set, see the listing for Equality and Justice [ISBN: 0-415-94142-3].

s distinction between perfect and imperfect procedural justice relies on the notion of a procedure that is guaranteed to lead to a certain independently specifiable result. Clarification of this notion shows that it makes the distinction between perfect and imperfect procedural justice unreal, in the following sense: whether, in a particular case, we have an instance of perfect or imperfect procedural justice depends only on how we choose to specify the procedure that is being followed. Key Words: procedural justice • John Rawls.

This paper aims to outline the essential structural traits that a procedural theory of justice for the management of conflicts about values should display in order to combine open-endedness and cogency. To this purpose, it offers an investigation into the characteristics of procedural justice through a critical assessment of John Rawls‟s taxonomy of proceduralism, in terms of perfect, imperfect and pure procedural justice. Given the concessions the two former kinds of proceduralism make to substantive theories, and the potentially misleading characterisation Rawls gave of pure procedural theories of justice, it reformulates the latter category in terms of impure proceduralism. In this case, the theory is required not to pose substantive constraints on the qualities of just outcomes, but is, rather, expected to provide a trans-contextually applicable account of the qualities of just procedures on the basis of an independent criterion of justice.

This article discusses a procedural, minimalist approach to justice in terms of fair hearing applicable to value conflicts at impasse in politics. This approach may be summarized in the Adversary Argumentation Principle (AAP): the idea that each side in a conflict should be heard. I engage with Stuart Hampshire’s efforts to justify the AAP and argue that those efforts have failed to provide normatively cogent foundations for it. I suggest deriving such foundations from a basic idea of procedural equality (all parties in a conflict should be granted an equal chance to have a say) which all conflicting parties could be thought to endorse. But what happens once all parties have been heard if no agreement is reached? Borrowing a distinction well known to scholars of peace studies, but surprisingly neglected by justice-driven political philosophers, I claim that although the AAP might be inconclusive with regard to resolving a conflict, it is a promising principle for managing value conflicts justly. The AAP is thus considered anew through the lens of conflict management: as a principle of justice to characterize normatively the way conflicting parties should interact for their interaction to be morally justifiable to such parties with a view to changing antagonistic conflict dynamics into cooperative ones.