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Vol 23 No 5 May/June 2018

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Procedural Justice

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Edited by: Larry May, Paul Morrow

ISBN13: 9780754629696
Published: March 2012
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £225.00

Despatched in 5 to 7 days.

This collection of essays brings together the very best philosophical and legal writings on procedural justice over the last half century. Core concepts in Anglo-American jurisprudence, such as equal protection, due process, and the rule of law, are explained and criticized. The articles collected in this volume deal with the distinctive branch of justice that involves norms and processes of applying law to citizens.

Authors from a variety of legal and philosophical backgrounds analyze such values as transparency, predictability, and even-handedness in law-making, law-enforcement, and adjudication. Considerable attention is also given to the complex ways in which concerns for justice in the application of the law intersect with long-standing concerns for justice in the content of law. There is also considerable discussion of how best to understand equal protection in debates about gender and racial discrimination. Authors include John Rawls, Martha Minow, Jeremy Waldron, Onora O'Neill, Joseph Raz, and Thomas Scanlon.

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Part A Distinguishing Procedure from Substance: 'Substance' and 'procedure' in the conflict of laws, Walter Wheeler Cook
Are procedural rights derivative substantive rights, Larry Alexander
Justice as constancy, Matthew Kramer. Part B Procedural Fairness: Rational and full equality, John Rawls
The very idea of pure procedural justice, William Nelson
Race and social justice: Rawlsian considerations, Tommie Shelby
Democratic rights at national and workplace levels, Richard Arneson. Part C The Rule of Law: The ruke of law and its virtue, Joseph Raz
The concept and the rule of law, Jeremy Waldron
Lon Fuller and the moral value of the rule of law, Colleen Murphy. Part D Due Process: Notice and the right to be heard: the significance of old friends, Stephen N. Subrin and A. Richard Dykstra
Due process, Thomas Scanlon
Structural due process, Laurence Tribe
Due process rights and terrorist emergencies, James Nickel. Part E Equal Protection: The equal protection of the law, Joseph Tussman and Jacobus ten Brock
How do we know when opportunities are equal?, Onora O'Neill
Justice engendered?, Martha Minow
Name index.