proceduralfairness | The theory behind procedural fairness, or procedural justice as it is
sometimes called, has developed over a period of more than 25 years.
Tom Tyler, one of the key figures in the field of procedural fairness,
provides a concise overview for members of the court community in his
article "Procedural Justice and the Courts."
In a recent lecture,
Professor Tyler further explores and highlights the implications of
procedural fairness on several aspects of the justice system.
Judges Kevin Burke and Steve Leben authored an extensive white paper on procedural fairness entitled, "Procedural Fairness: A Key Ingredient in Public Satisfaction."
The paper examines core research in the area and recommends various
changes to "improve" the daily work of the courts and their judges. Click here to access the spanish version of the paper.
In a December 2011 presentation to the Conference of State Court
Administrators, Judge Kevin Burke presented an overview of procedural
fairness and its practical applications. A copy of the powerpoint from
his presentation can be found here.
Other scholars have explored the connection between procedural fairness and other areas of research. The article Fair Procedures, Yes. But We Dare Not Lose Sight of Fair Outcomes
by Brian Bornstein and Hannah Dietrich discusses procedural justice and
its interrelation with distributive justice. Similarly, Jonathan
Jackson discusses procedural justice as an important aspect of
criminology's definition of legitimate authority in his chapter, On the Dual Motivational Force of Legitimate Authority.
An Argument for Procedural Fairness
Professor Tom Tyler's presentation to a 2007 Harvard Law School
Conference focuses on how legitimacy, which is rooted in procedural
justice, is important in decisions to adhere to social rules. The
presentation is broken into three parts below:
