Suchergebnisse

Although the pluralist system of land tenure in Vanuatu does not directly discriminate against women, the operation of the system and contemporary interpretations of custom is increasingly marginalising women from the decision making processes regarding land management and control. Commitment to the principles of gender equality through constitutional guarantees and the ratification of relevant international treaty obligations, while providing a relevant legal framework for equality, have only had limited success in addressing discriminatory practices. This article analyses alternative ways to overcome the barriers faced by women that are currently under consideration in many Pacific island Countries, including recording and registration, as well as legal vehicles such as incorporating customary land groups, trusts and community companies. This article concludes that while both existing and proposed mechanisms have the potential to secure for women a greater role in decision making processes regarding land management and control, that potential will not be realised in the absence of knowledge, empowerment and the acceptance of the legitimacy of such rights. (Pac Aff/GIGA)

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people's understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people's concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

Introduction : procedural justice in law, psychology, and philosophy / Denise Meyerson, Catriona Mackenzie, and Therese MacDermott -- The empirical study of procedural justice policing in Australia : highlights and challenges / Kristina Murphy -- Procedural fairness and jury satisfaction : an analysis of relational dimensions / Jane Goodman-Delahunty, David Tait and Natalie Martschuk -- Procedural justice in corrections / Julie Barkworth -- Procedural justice, legitimacy and social contexts / Anthony Bottoms and Justice Tankebe -- Procedure-content interaction in attitudes to law and in the value of the rule of law : an empirical and philosophical collaboration / Noam Gur and Jonathan Jackson -- Legal legitimacy and the relevance of participatory procedures / Sarah Sorial -- The inadequacy of instrumentalist theories of procedural justice / Denise Meyerson -- The many facets of procedural justice in legal proceedings / Emanuela Ceva -- Procedural justice, relational equalityand self-respect / Catriona Mackenzie -- Racial profiling as pejorative discrimination / Natalie Stoljar -- Administrative discretion and governing relationships : situating procedural fairness / Kristen Rundle -- The framing of tribunal procedures : a question of balance or a participation-centred approach? / Therese MacDermott.

Introduction : procedural justice in law, psychology, and philosophy / Denise Meyerson, Catriona Mackenzie, and Therese MacDermott -- The empirical study of procedural justice policing in Australia : highlights and challenges / Kristina Murphy -- Procedural fairness and jury satisfaction : an analysis of relational dimensions / Jane Goodman-Delahunty, David Tait and Natalie Martschuk -- Procedural justice in corrections / Julie Barkworth -- Procedural justice, legitimacy and social contexts / Anthony Bottoms and Justice Tankebe -- Procedure-content interaction in attitudes to law and in the value of the rule of law : an empirical and philosophical collaboration / Noam Gur and Jonathan Jackson -- Legal legitimacy and the relevance of participatory procedures / Sarah Sorial -- The inadequacy of instrumentalist theories of procedural justice / Denise Meyerson -- The many facets of procedural justice in legal proceedings / Emanuela Ceva -- Procedural justice, relational equalityand self-respect / Catriona Mackenzie -- Racial profiling as pejorative discrimination / Natalie Stoljar -- Administrative discretion and governing relationships : situating procedural fairness / Kristen Rundle -- The framing of tribunal procedures : a question of balance or a participation-centred approach? / Therese MacDermott.