We dedicate this book to John Thibaut. He was mentor and personal friend to one of us, and his work had a profound intellectual influence on both of us. We were both strongly influenced by Thibaut's insightful articulation of the importance to psychology of the concept of pro cedural justice and by his empirical work with Laurens Walker in reactions to legal institu demonstrating the role of procedural justice tions. The great importance we accord the Thibaut and Walker work is (...) evident throughout this volume. If anyone person can be said to have created an entire field of inquiry, John Thibaut created the psychological study of procedural justice. (To honor Thibaut thus in no sense reduces our recognition of the contributions of his co-worker, Laurens Walker, in the creation of the field. We are as certain that Walker would endorse our statement as we are that Thibaut, with characteristic modesty, would demur from it. ) Even to praise Thibaut in this fashion falls short of recognizing all of his contributions to procedural justice. Not only did he initiate the psy chological study of the topic, he also built much of the intellectual foun dation upon which the study of procedural justice rests. Thibaut's work with Harold Kelley (1959; Kelley & Thibaut, 1978) created a social psy chological theory of interdependence that, among many other applica tions, serves as the basis for one of the major models of the psychology of procedural justice. (shrink)

Workplace procedural justice is an important motivator for employee work attitude and performance. This research examines how procedural justice affects employee engagement. We developed three propositions. First, based on the group engagement model, we hypothesized that procedural justice enhances employee engagement through employee organizational identification. Second, employees with stronger moral identity centrality are more likely to be engaged in their jobs. Third, procedural justice compensates for the effect of moral identity centrality on employee engagement. Specifically, when procedural justice is higher, (...) employee moral identity centrality plays a less significant role in employee engagement; whilst when procedural justice is lower, the effect of moral identity centrality on employee engagement is stronger. Research findings based on an employee survey in a leading financial service organization provide support for the above propositions. (shrink)

I argue that the Universal Law formulation of the Categorical Imperative is best interpreted as a test or decision procedure of moral rightness and not as a criterion intended to explain the deontic status of actions. Rather, the Humanity formulation is best interpreted as a moral criterion. I also argue that because the role of a moral criterion is to explain, and thus specify what makes an action right or wrong, Kant's Humanity formulation yields a theory of relevant descriptions.

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...) not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)

Experimental work has revealed causal links between physical cleansing and various psychological variables. Empirically, how robust are they? Theoretically, how do they operate? Major prevailing accounts focus on morality or disgust, capturing a subset of cleansing effects, but cannot easily handle cleansing effects in non-moral, non-disgusting contexts. Building on grounded views on cognitive processes and known properties of mental procedures, we proposegrounded proceduresof separation as a proximate mechanism underlying cleansing effects. This account differs from prevailing accounts in terms of (...) explanatory kind, interpretive parsimony, and predictive scope. Its unique and falsifiable predictions have received empirical support: Cleansing attenuates or eliminates otherwise observed influences of prior events (1) across domains and (2) across valences. (3) Cleansing manipulations produce stronger effects the more strongly they engage sensorimotor capacities. (4) Reversing the causal arrow, motivation for cleansing is triggered more readily by negative than positive entities. (5) Conceptually similar effects extend to other physical actions of separation. On the flipside, grounded procedures ofconnectionare also observed. Together, separation and connection organize prior findings relevant to multiple perspectives (e.g., conceptual metaphor, sympathetic magic) and open up new questions. Their predictions are more generalizable than the specific mappings in conceptual metaphors, but more fine-grained than the broad assumptions of grounded cognition. This intermediate level of analysis sheds light on the interplay between mental and physical processes. (shrink)

Wilfred Sieg. Mechanical Procedures and Mathematical Experience.

Lately, it seems a number of philosophical memory theories are incorporating false memory phenomena into their conceptual frameworks. At the same time, scientific research is extending its analysis of false memories to nondeclarative forms of memory. However, both sides have paid little attention to the notion of false procedural memory. Yet, from everyday experience as well as from psychological investigation, we are aware of different ways procedural memory goes wrong. Here, I characterize the conceptual foundation of false procedural memory. First, (...) I distinguish remembering-how from knowing-how by proposing that remembering-how requires the performance of an act. Accordingly, genuine remembering-how is characterized as the performance of an act for which a respective ability has been acquired that is instrumental in the execution of said act. False remembering-how is identified as a kind of error where a subject acquires the ability to perform a certain act, which is then correctly executed, but is not what the subject tried to perform. This framework of false procedural memory is delineated from notions of interference and crosstalk. A comparison with current philosophical theories of false memory and analysis showing the relevance for current psychological research and everyday life concludes the paper. (shrink)

The procedures for structuring clinical ethics case reflections in a childhood cancer care setting are presented, including an eight-step model. Four notable characteristics of the procedures are: members of the inter-professional health care team, not external experts, taking a leading role in the reflections; patients or relatives not being directly involved; the model explicitly addressing values and moral principles instead of focussing exclusively on the interests of involved parties; using a case-based rather than principle-based method. By discusing the (...) advantages and disadvantages of the proposed procedures, our paper aims to contribute to the literature on models and procedures for ethical analysis that can be used in clinical settings. It is suggested that our proposed procedures have some advantageous features when it comes to promoting health care staff’s learning to structure their thinking about ethical issues. (shrink)

This essay reclaims a political proceduralist vision of democracy as the best normative defense of democracy in contemporary politics. We distinguish this vision from three main approaches that are representative in the current academic debate: the epistemic conception of democracy as a process of truth seeking; the populist defense of democracy as a mobilizing politics that defies procedures; and the classical minimalist or Schumpeterian definition of democracy as a competitive method for selecting leaders.

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes (...) a commitment to both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy. (shrink)

It is a well-established fact that we tend to underestimate our susceptibility to cognitive bias on account of overconfidence, and thereby often fail to listen to intellectual advice aimed at reducing such bias. This is the problem of intellectual deference. The present paper considers this problem in contexts where educators attempt to teach students how to avoid bias for purposes of instilling epistemic virtues. It is argued that recent research in social psychology suggests that we can come to terms with (...) this problem in two steps, the second of which involves educators communicating their intellectual advice in a procedurally just manner. The components of the relevant form of procedural justice are specified and related to Miranda Fricker and David Coady’s notions of epistemic justice. Finally, a series of objections are considered and responded to. (shrink)

Collective deliberation is fuelled by disagreements and its epistemic value depends, inter alia, on how the participants respond to each other in disagreements. I use this accountability thesis to argue that deliberation may be valued not just instrumentally but also for its procedural features. The instrumental epistemic value of deliberation depends on whether it leads to more or less accurate beliefs among the participants. The procedural epistemic value of deliberation hinges on the relationships of mutual accountability that characterize appropriately conducted (...) deliberation. I will argue that it only comes into view from the second-person standpoint. I shall explain what the second-person standpoint in the epistemic context entails and how it compares to Stephen Darwall’s interpretation of the second-person standpoint in ethics. (shrink)

"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 three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

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. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...) methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

The present research isolates the fairness assessment of the process used by the retailer to set a price, as well as the distributive fairness of the price compared to the price that others are offered, and examines the combined effect of procedural fairness and distributive fairness on overall price fairness. Two experimental studies examine procedural and distributive fairness effects on overall price fairness. In study 1, procedural fairness and distributive fairness are manipulated and found to interact to bring about overall (...) price fairness. In study 2, suspicion toward the seller is found to mediate the relationship between procedural fairness and overall price fairness when the price is disadvantageous. (shrink)

We propose a view of embodied representations that is alternative to both symbolic/linguistic approaches and purely sensorimotor views of cognition, and can account for procedural and declarative knowledge manipulation. In accordance with recent evidence in cognitive neuroscience and psychology, we argue that anticipatory and simulative mechanisms, which arose during evolution for action control and not for cognition, determined the first form of representational content and were exapted for increasingly sophisticated cognitive uses. In particular, procedural and declarative forms of knowledge can (...) be explained, respectively, in terms of on-line sensorimotor anticipation and off-line simulations of potential actions, which can give access to tacit knowledge and make it explicit. That is, mechanisms that evolved for the on-line prediction of the consequences of one's own actions (i.e. forward models) determine a (procedural) form of representation, and became exapted for off-line use. They can therefore be used to produce (declarative) knowledge of the world, by running a simulation of the action that would produce the relevant information. We conclude by discussing how embodied representations afford a form of internal manipulation that can be described as internalized situated action. (shrink)

For a decade, we have admired the incisive and broadly informed works of Ladislav Tondl on the foundations of science. Now it is indeed a pleasure to include this book among the Boston Studies in the Philosophy of Science. We hope that it will help to deepen the collaborative scholar ship of scientists and philosophers in Czechoslovakia with the English reading scholars of the world. Professor Ladislav Tondl was born in 1924, and completed his higher education at the Charles University (...) iIi Prague. His doctorate was granted by the Institute of Information Theory and Automation. He was a professor and scientific research worker at the Institute for the Theory and Methodology of Science, which was a component part of the Czechoslovak Academy of Sciences. Tondl's principal fields of interest are the methodology of the empirical and experimental sciences, logical semantics, and cybernetics. For many years, he collaborated with Professor Albert Perez and others at the Institute of Information Theory and Automation in Prague, and he has undertaken fruitful collaboration with logicians in the Soviet and Polish schools, and been influenced by the Finnish logicians as well, among them Jaakko Hintikka. We list below a selection of his main publications. Perhaps the most accessible in presenting his central conception of the relationship between modem information theory and the methodology of the sciences is his 1965 paper with Perez, 'On the Role of Information Theory in Certain Scientific Procedures'. (shrink)

The book is about logical analysis of natural language. Since we humans communicate by means of natural language, we need a tool that helps us to understand in a precise manner how the logical and formal mechanisms of natural language work. Moreover, in the age of computers, we need to communicate both with and through computers as well. Transparent Intensional Logic is a tool that is helpful in making our communication and reasoning smooth and precise. It deals with all kinds (...) of linguistic context in a fully compositional and anti-contextual way. (shrink)

Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...) standing of governor and governed. Yet such consent accounts of authority have long been deemed problematic on a number of grounds, not the least of which is that few citizens have given their consent to the state under whose laws they live. So unless we are willing to deny the state’s authority over those who have not consented, or revert to the pre-modern assumption of a natural political hierarchy, we must find another way of reconciling authority with our standing as free and equal moral agents. In recent political and legal philosophy, the most influential solution to this problem has been Joseph Raz’s service conception of authority, according to which legitimate authority, while it does not require the consent of the governed, must exist for their sake, or serve them. The normal way to justify someone’s authority, on the service conception, is to show that, by treating her directives as binding, the subjects are likely better to conform to reasons that apply to them anyway. The service conception has, however, recently been criticized (by, among others, Thomas Christiano, Scott Hershovitz, and Jeremy Waldron) for being insufficiently attuned to the significance that procedural, and in particular democratic, features of political and legal institutions have for the justification of their authority. If these ‘democratic critics’ are right, then two commitments that many in the liberal-democratic tradition may find independently attractive turn out to be in tension: the liberal idea that authority is normally legitimate only insofar as it serves its subjects, and the democratic idea that legitimate authority can (and regularly does) rest on fair procedures. In this article I argue that the critics’ arguments rest on a misunderstanding of the service conception; yet their worries point the way to an under-appreciated and interesting view of democracy as an authoritative arbitration procedure. After introducing the service conception’s view of justified authority, I briefly distinguish a broad and a narrow interpretation of it, and suggest that we should embrace the latter to make sense of the idea that political authority serves its subjects (Section I). Next I turn to the objection raised by the democratic critics: the service conception, they say, cannot make room for the intrinsic fairness of democratic procedures because it is preoccupied with the quality of outcomes (Section II). But, I argue, the objection rests on an illicit identification of two different kinds of outcomes: the outcome of the decision-making procedure on the one hand, the outcome or result of treating that first outcome as authoritative on the other. Distinguishing between these is crucial for an adequate understanding of democracy’s authority. While the service conception is indeed organized around the latter, this does not commit it to an exclusive concern with the former; yet it is a singular commitment to the former that is problematic from a democratic point of view (Section III). To bring home this point, I sketch a model of authority as arbitration that is frequently overlooked in recent discussions of authority even though it is centrally concerned with procedural (and ultimately democratic) values and fits squarely into the service conception of authority (Section IV). (shrink)

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 Rawl’s taxonomy of prodeduralism, 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 transcontextually applicable account of the qualities of just procedures on the basis of an independent criterion of justice. (shrink)

Combines a theoretical interest in the mathematics of voting procedures with practical interest in the circumstances in which votes are cast. The most important results in the theory of voting are surveyed, and the differences between the principal types of voting procedures are explained.

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. (shrink)

One way to evaluate electoral rules is instrumental: we ask what effects they tend to produce. A second way is constitutive: we ask what kinds of values they embody, or whether the procedures they effect respect people's rights or moral status. A third way is genetic: we ask by what procedure the electoral rules were adopted. I shall argue that in judging the value or the legitimacy of electoral rules, we must consider not only (1) the values they serve (...) instrumentally and (2) the values, rights, or statuses they embody or respect, but also (3) the procedure by which they were chosen. I argue, moreover, that the best way to choose electoral rules in representative governments is on an ongoing basis via a randomly selected citizen assembly whose decisions are binding independently of any appeal to referenda. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...) institutionalized system of punishment. Second, to complement and extend the first ground, I more controversially propose a right to provision of the robust good of security. People have a right to others' protecting for avoiding wrongfully harming them: when I take an action that is reasonably expected to threaten the protected interests of others, I must take appropriate care to avoid setting back those interests. Inflicting punishment on someone--intentionally harming them in response to a violation--is prima facie wrongful, so I can only count as taking appropriate care in punishing when I follow familiar procedures that reliably and redundantly test whether they are liable to such punishment, i.e. whether they have forfeited their right against punishment through a culpable act. (shrink)

In professional settings, people often have diverse and competing conceptions of responsibility and of when it is fair to hold someone responsible. This may lead to undesirable gaps in the distribution of responsibilities. In this paper, a procedural model is developed for alleviating the tension between diverging responsibility conceptions. The model is based on the Rawlsian approach of wide reflective equilibrium and overlapping consensus. The model is applied to a technological project, which concerned the development of an in-house monitoring system (...) based on ambient technology. The development of this innovative technology raised questions among the technological researchers about its social acceptance and the way issues related to privacy and security should be addressed. The case is analyzed in terms of two procedural norms (reflective learning and inclusiveness), which are based on literature on policy and innovation networks. Analysis of the case shows that, in a pluralist setting, a procedural approach can be useful for encouraging discussion on the legitimacy of different responsibility conceptions and the question what a fair responsibility distribution amounts to. (shrink)

Horsten and Roelants have raised a number of important questions about my analysis of effective procedures and my evaluation of the Church-Turing thesis. They suggest that, on my account, effective procedures cannot enter the mathematical world because they have a built-in component of causality, and, hence, that my arguments against the Church-Turing thesis miss the mark. Unfortunately, however, their reasoning is based upon a number of misunderstandings. Effective mundane procedures do not, on my view, provide an analysis (...) of ourgeneral concept of an effective procedure; mundane procedures and Turing machine procedures are different kinds of procedure. Moreover, the same sequence ofparticular physical action can realize both a mundane procedure and a Turing machine procedure; it is sequences of particular physical actions, not mundane procedures, which enter the world of mathematics. I conclude by discussing whether genuinely continuous physical processes can enter the world of real numbers and compute real-valued functions. I argue that the same kind of correspondence assumptions that are made between non-numerical structures and the natural numbers, in the case of Turing machines and personal computers, can be made in the case of genuinely continuous, physical processes and the real numbers. (shrink)

Compromise is a valuable decision-making procedure. This article argues that its value lies in the norms of reciprocity and consent. Reciprocity structures the practice of concession-giving. Compliance with this tacit rule expresses an ethos of mutual concern and achieves a shared sense of fairness. Consent is a useful safeguard against asymmetric deals and makes compromise morally binding. The procedural value of compromise gives us important reasons to choose this method for resolving conflicts.

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

Background Research is fundamental to improving the quality of health care. The need for regulation of research is clear. However, the bureaucratic complexity of research governance has raised concerns that the regulatory mechanisms intended to protect participants now threaten to undermine or stifle the research enterprise, especially as this relates to sensitive topics and hard to reach groups. Discussion Much criticism of research governance has focused on long delays in obtaining ethical approvals, restrictions imposed on study conduct, and the inappropriateness (...) of evaluating qualitative studies within the methodological and risk assessment frameworks applied to biomedical and clinical research. Less attention has been given to the different epistemologies underlying biomedical and qualitative investigation. The bioethical framework underpinning current regulatory structures is fundamentally at odds with the practice of emergent, negotiated micro-ethics required in qualitative research. The complex and shifting nature of real world settings delivers unanticipated ethical issues and (occasionally) genuine dilemmas which go beyond easy or formulaic ‘procedural’ resolution. This is not to say that qualitative studies are ‘unethical’ but that their ethical nature can only be safeguarded through the practice of ‘micro-ethics’ based on the judgement and integrity of researchers in the field. Summary This paper considers the implications of contrasting ethical paradigms for the conduct of qualitative research and the value of ‘empirical ethics’ as a means of liberating qualitative (and other) research from an outmoded and unduly restrictive research governance framework based on abstract prinicipalism, divorced from real world contexts and values. (shrink)

: This paper provides a simultaneously reflexive and analytical framework to think about obstacles to truly informed consent in social science and biomedical research. To do so, it argues that informed consent often goes awry due to procedural misconceptions built into the research context. The concept of procedural misconception is introduced to describe how individuals respond to what is familiar in research settings and overlook what is different. In the context of biomedical research, procedural misconceptions can be seen to function (...) as root causes of therapeutic misconceptions. (shrink)

Procedures such as organ or tissue donation, elective ventilation and non‐therapeutic research can be said to be against the medical interests of the participant. Competent adults can consent to procedures such as these that are against their medical interests, but when, if ever, should incompetent persons participate in such procedures? Legal approaches to decision‐making in the area of the medical care of incompetent persons are generally based on respect for the patient's autonomy, or protection of her welfare, (...) or some combination of the two. The limitations of these approaches become apparent upon examination of their application in this context. Societal interests are also used to justify the participation of the incompetent in procedures which are against their medical interests, for example, the societal interest in pursuing non‐therapeutic research on incompetents in order to benefit future incompetents. These types of approaches are implicit in much current policy and reform proposals on non‐therapeutic research, contributing to the disrespect for incompetent persons that is implicit in many research projects and much argument on the categorization of risks, and the repeated failure to consider the burdens imposed on incompetent persons in the interests of society. (shrink)

Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures (...) cannot be contested as unjust , they may be contested on the ground of values other than justice, such as someone’s religious/ethical allegiances. Proceduralism about justice will be thus shown to be consistent with the commitment to realising certain outcome-oriented values. (shrink)

Recent articles on teaching controversial topics in schools have employed Michael Hand's distinction between “directive teaching,” in which teachers attempt to persuade students of correct positions on topics that are not rationally controversial, and “nondirective teaching,” in which teachers avoid persuading students on topics that are rationally controversial. However, the four methods of directive teaching discussed in the literature — explicit directive teaching, “steering,” “soft-directive teaching,” and “school ethos endorsement” — make rational persuasion problematic, if not self-defeating. In this essay, (...) Maughn Rollins Gregory argues that “procedurally directive teaching” offers an alternative to such approaches because it derives from the intention to guide inquiry rather than to persuade. He demonstrates that the conceptual frameworks of perfectionism and antiperfectionism, which have been proposed for directive teaching on same-sex marriage, can instead be used to generate open questions for student inquiry, as can a third, civil rights framework. Given these considerations, Gregory maintains that pedagogical guidance on this topic should be procedurally directive rather than substantively directive. Further, the fact that legal, political, and ethics scholars disagree about which framework is more appropriate to the issue of same-sex marriage indicates that such arguments cannot be dispositive of the pedagogical issue of how to frame classroom discussions about it. Rather, students should inquire into this meta-level framing dispute for themselves. (shrink)

A crucial part of the knowledge of molecular biologists is procedural knowledge, that is, knowledge of how to do things in laboratories. Procedural knowledge of molecular biologists involves both perceptual-motor skills and cognitive skills. We discuss such skills required in performing the most commonly used molecular biology techniques, namely, Polymerase Chain Reaction and gel electrophoresis. We argue that procedural knowledge involved in performing these techniques is more than just knowing their protocols. Creative exploration and experience are essential for the acquisition (...) of procedural knowledge in molecular biology. With enough experience, molecular biologists make intuitive judgments without recourse to analytical reasoning. We propose that procedural knowledge is intuitive recognition of the patterns of one's environment that are the most relevant for making a decision or acting appropriately. Finally, we argue that knowledge of molecular biologists requires an integration of procedural knowledge and propositional knowledge. (shrink)

This chapter surveys the debate between philosophers who claim that all practical rationality is procedural and philosophers who claim that some practical rationality is substantive.

This article scrutinizes some theoretical procedures prevalent in the philosophy of social science. These procedures are exemplified in Elder-Vass’s critical realism, which promises to place the social sciences on a sound ontological footing. The article focuses on the way that Elder-Vass’s general emergentist ontology is constituted and on the methods through which it is applied to society. It is contended that the ontology is not and could not be grounded in science and that its philosophical use distorts what (...) it is applied to. The incoherent methods that social ontological projects constitutionally rely on entail that they cannot ground social scientific explanation. (shrink)

Suppose a committee or a jury confronts a complex question, the answer to which requires attending to several sub-questions. Two different voting procedures can be used. On one, the committee members vote on each sub-question and the voting results are used as premises for the committee’s conclusion on the main issue. This premise-based procedure can be contrasted with the conclusion-based approach, which requires the members to directly vote on the conclusion, with the vote of each member being guided by (...) her views on the relevant sub-questions. The two procedures are not equivalent: There may be a majority of voters supporting each of the premises, but if these majorities do not significantly overlap, there will be a majority against the conclusion. Pettit (2001) connects the choice between the two procedures with the discussion of deliberative democracy. The problem we want to examine instead concerns the relative advantages and disadvantages of the two procedures from the epistemic point of view. Which of them is better when it comes to tracking truth? As it turns out, the answer is not univocal. On the basis of Condorcet’s jury theorem, the premise-based procedure can be shown to be superior if the objective is reach truth for the right reasons, without making any mistakes on the way. However, if the goal instead is to reach truth for whatever reasons, right or wrong, there will be cases in which using the conclusion-based procedure turns out to be more reliable, even though, for the most part, the premise-based procedure will retain its superiority. (shrink)

Institutional discrimination matters. The purpose of this longitudinal community-based participatory research study was to examine institutional procedural discrimination, institutional racism, and other institutional discrimination, and their relationships with participants' health during a maternal and child health program in a municipal initiative. Twenty participants from nine multilingual, multicultural community-based organizations were included. Overall reported incidences of institutional procedural discrimination decreased from April 2019 (18.6%) to November 2019 (11.8%) although changes were not statistically significant and participants reporting incidences remained high (n = (...) 15 in April and n = 14 in November). Participants reported experiencing significantly less “[when] different cultural ways of doing things were shared, the project did not support my way” from April 2019 (23.5%, n = 4) to November 2019 (0%, n = 0), Wilcoxon signed-rank test Z = −2.00, p < 0.05. Some participants reported experiencing institutional racism (29.4%, n = 5) and other institutional discrimination (5.9%, n = 1). Participants experiencing institutional racism, compared to those who did not, reported a higher impact of the Initiative's program on their quality of life (t = 3.62, p < 0.01). Participatory survey designs enable nurse researchers to identify hidden pathways of institutional procedural discrimination, describe the impacts experienced, and examine types of institutional discrimination in health systems. (shrink)

According to Sperber and Wilson, relevance theory’s comprehension/interpretation procedure for metaphorical utterances does not require details specific to metaphor (or nonliteral discourse); instead, the same type of comprehension procedure as that in place for literal utterances covers metaphors as well. One of Sperber and Wilson’s central reasons for holding this is that metaphorical utterances occupy one end of a continuum that includes literal, loose and hyperbolic utterances with no sharp boundaries in between them. Call this the continuum argument about interpreting (...) metaphors. My aim is to show that this continuum argument doesn’t work. For if it were to work, it would have an unwanted consequence: it could be converted into a continuum argument about interpreting linguistic errors, including slips of the tongue, of which malaprops are a special case. In particular, based on the premise that the literal–loose–metaphorical continuum extends to malaprops also, we could conclude that the relevance theoretic comprehension procedure for malaprops does not require details specific to linguistic errors, that is, details beyond those already in place for interpreting literal utterances. Given that we have good reason to reject this conclusion, we also have good reason to rethink the conclusion of the continuum argument about interpreting metaphors. (shrink)

My main intention in this article is to settle the question whether having the ability to \ is, as Ryleans think, necessary for knowing how to \, and to determine the kind of role played by procedural knowledge in knowing how to \ and in acquiring and possessing the ability to \. I shall argue, in a seemingly anti-Rylean fashion, that when it comes to know-hows that are ordinarily categorised as physical skills, or—to be, for the moment, philosophically neutral—as enabling (...) one to possess such skills, it is necessary to have procedural knowledge of how to \ in order to possess those know-hows. However, I shall contend that this knowledge cannot be acquired without acquiring the kind of ability to \ in which having the skill to \ consists. And that having acquired the ability to \ is not only necessary but also sufficient for having acquired procedural knowledge of how to succeed in \-ing. (shrink)

Health-care goods are goods with peculiar properties, and where they are scarce, societies face potentially explosive distributional conflicts. Animated public and academic debates on the necessity and possible justice of limit-setting in health care have taken place in the last decades and have recently taken a turn toward procedural rather than substantial criteria for justice. This article argues that the most influential account of procedural justice in health-care rationing, presented by Daniels and Sabin, is indeterminate where concrete properties of rationing (...) institutions are concerned. Such properties inscribe substantial norms into institutions. These norms can derive validity only from democratic majority decisions, which must be seen as an instance of pure procedural justice. We therefore have to move the discussion to a meta-level and ask how concrete properties of institutions are being chosen. I suggest four criteria for sufficiently democratic institutional design choice and conclude that as institutional properties are likely to have effects on the resulting distribution of health care, design choices should be empirically informed and taken both democratically and deliberately. (shrink)

The 1-consistency of arithmetic is shown to be equivalent to the existence of fixed points of a certain type of update procedure, which is implicit in the epsilon-substitution method.

In this paper I aim to lay out the major aspects of a procedural, pragmatist account of objectivity in ethics. This account is “procedural” insofar as it holds that the objectivity of inquiry depends not on what the results of that inquiry are, but rather whether the proper procedure of inquiry was followed to generate the results. The account is “pragmatic” insofar as it coheres with a broader approach to ethics that conceives of ethical inquiry and progress in terms of (...) resolving problems (Roth 2010a, 2012). Why should we want this sort of account of ethical objectivity? In addition to its contribution to a larger pragmatist conception of ethical inquiry, this account has two desirable features. First .. (shrink)

ABSTRACTPeople have procedural rights because states are under a duty of political morality to provide them with fair procedures for settling disputes about the application of the laws. This obligation flows from the state's duty to treat each person as a free and equal member of the legal order. Yet adherence to procedural rights can impede accuracy in fact-finding, which in turn can result in poor protection for substantive rights. So the state also has a duty to provide a (...) reasonable degree of accuracy in fact-finding. The legal order should therefore strive to improve the accuracy of fact-finding, within the constraints imposed by procedural rights people have. Nevertheless, the duty to provide reasonably accurate procedures is subordinate to the duty to provide procedural rights because the settlement of disputes among free persons must be conducted in a manner that respects their status as free persons. (shrink)

The term discourse is generally used either as a technical equivalent for 'verbal communication' or as referring to a particular scientific notion, where discourses are spans of texts or of utterances obeying specific principles of organisation. The aim of this paper is to suggest that an account of discourse is possible, in both cases, only through a theory of utterance-meaning construction. If discourse stands for verbal communication, then it can be explained only with regard to speaker's intended meaning. If discourse (...) stands for organised spans of texts or utterances, then they must be meaningful spans of texts or meaningful utterances. Yet it is argued that a pragmatic explanation of meaning provides all the elements that discourse analysis describes. In the end, the paper claims that a theory of context combined with a theory on the semantic-pragmatic interface should prove sufficient to explain discourse, in whichever sense, along the idea that discourse should be viewed as a process, not as a whole, following the claims of a number of scholars in the field. A possible way to tackle this process is proposed in terms of procedures through the approach of procedural pragmatics. (shrink)