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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.
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 ...
"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.
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 ...
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.
The Nature of the Judicial Process established Cardozo "as one of the leading jurists of his time" [11] and "has become a classic of legal education." [12] Its continuing appeal is due, in part, to its self-effacing tone, its lapidary prose, and its attempt to strike a happy medium between legal formalism and radical realist theories that wholly reject traditional views of law, legal reasoning ...
The importance of procedural fairness as enunciated in the GCHQ case is further illustrated by Re Police Association for Northern Ireland's Reference (1990). [46] Applying the principles in the GCHQ case, the High Court of Justice in Northern Ireland held that the Police Association had neither been deprived of a legitimate expectation nor ...
In this set of lectures, Foucault presents how feeling obligated to tell the truth about yourself has changed throughout history. [1] For scholars of law, society, and crime, these lectures provide a distinct historical perspective regarding the different methods used in legal settings to find important truths.