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.
Table of Contents
Contents: Introduction; Part I Distinguishing Procedure from Substance: 'Substance' and 'procedure' in the conflict of laws, Walter Wheeler Cook; Are procedural rights derivative substantive rights, Larry Alexander; On formal justice, David Lyons; Justice as constancy, Matthew H. Kramer. Part II Procedural Fairness: Kantian constructivism in moral theory: rational and full autonomy, John Rawls; The very idea of pure procedural justice, William Nelson; Race and social justice: Rawlsian considerations, Tommie Shelby; Democratic rights at the national level, Richard J. Arneson. Part III The Rule of Law: The rule 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 IV Due Process: Notice and the right to be heard: the significance of old friends, Stephen N. Subrin and A. Richard Dykstra; Due process, T. M. Scanlon; Structural due process, Laurence Tribe; Due process rights and terrorist emergencies, James W. Nickel. Part V Equal Protection: The equal protection of the laws, Joseph Tussman and Jacobus ten Brock; How do we know when opportunities are equal?, Onora O'Neill; Justice engendered?, Martha Minow; Name index.