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In A Theory of Justice, philosopher John Rawls distinguished three ideas of procedural justice: [9] Perfect procedural justice has two characteristics: (1) an independent criterion for what constitutes a fair or just outcome of the procedure, and (2) a procedure that guarantees that the fair outcome will be achieved.
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.
Tom R. Tyler (born March 3, 1950) is a professor of psychology and law at Yale Law School, known for his contributions to understanding why people obey the law.A 2012 review article on procedural justice by Anthony Bottoms and Justice Tankebe noted that, "Unquestionably the dominant theoretical approach to legitimacy within these disciplines is that of 'procedural justice,' based especially on ...
Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. [1]: 617 The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priority."
The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. [1] Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from ...
Typically, legal theorists and philosophers consider four distinct kinds of justice: corrective justice, distributive justice, procedural justice, and retributive justice. [1] Corrective justice is the idea that liability rectifies the injustice one person inflicts upon another (found in modern day contract law). [2]
An alternative to strict originalist theory is advocated by former Supreme Court Justice Stephen Breyer, one of the Court's supporters of substantive due process rights. Breyer believes the justices need to look at cases in light of how their decisions will promote what he calls "active liberty", the Constitution's aim of promoting ...
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.