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The value of fair procedure : all's well that ends well? How social psychologists and legal theorists should sit down and talk

Tijdschriftbijdrage - Tijdschriftartikel

This contribution posits that on-going discussions on the value of fair procedure in legal theory would benefit greatly from an exchange with debates in social psychology. Thus far, consideration of empirical data about individual perceptions of procedural fairness has not been systematic in the philosophical strand of legal scholarship. In this contribution, the similarities between both strands of scholarship are uncovered in order to provoke a more complete process of theoretical reflection in which hypotheses can rely on a foundation of logical reasoning as well as empirical evidence. The seminal legal works get tied up in experience-based argumentation as evidence for their either instrumental or intrinsic perspective, despite the fact that empirical evidence is readily available – which could serve as “ a prime source of information for legal theory ” .
Tijdschrift: INTERNATIONAL JOURNAL OF PROCEDURAL LAW = RIVISTA INTERNAZIONALE DI DIRITTO PROCESSUALE
ISSN: 2034-5275
Issue: 2
Volume: 11
Pagina's: 374 - 394
Jaar van publicatie:2021
Toegankelijkheid:Closed