Considering general philosophical and theoretical questions about the nature, purpose and operation of law as a whole, this book introduces students to contemporary debates in jurisprudence and encourages them to think in a theoretical and critical way about the nature of law, legal reasoning and adjudication
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Reading the Constitution Through the Lens of Moral Philosophy. According to the Constitution, limitations to constitutional rights should not infringe the values of dignity, equality and freedom. This requires that the objectives of the state be submitted to a form of control which guarantees all citizens a significant degree of protection against state coercion. The state is obliged to justify any limit imposed upon a right which is protected by the Constitution in neutral terms, or in terms to which any reasonable citizen would attach a certain weight. Analysis of the implications of this test in the areas of freedom of religion and freedom of expression must not obscure the fact that control is of a general nature and may apply in numerous other areas as well. Finally, the obligation for the state to observe a certain neutrality has nothing to do with moral neutrality, neither with respect to the state's position in the face of social and economic inequalities, nor with regard to the consequences of these inequalities on political life.
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.
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.