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As artificial intelligence (AI)-assisted judicial decision-making (AIJDM) becomes more common globally, understanding what affects court users’ trust in processes where this technology is used becomes crucial for maintaining judicial legitimacy. This study investigates how different types of explanations about AI for assisting judicial decision-making affect trust through procedural justice mechanisms. Using a 3 × 2 between-subjects experiment (n = 859), we measured trust in judicial decision-making processes where AI was used across six conditions, varying the explanation type about the AI – process explanations (how the AI system works), outcome explanations (how it reached a specific recommendation on a decision) or no explanation – and the decision context (liability vs. quantum). Mediation analysis showed that providing explanations (regardless of type) substantially increases both cognitive and affective trust compared to no explanation, in both liability and quantum decision-making contexts. Critically, procedural justice perceptions strongly mediated this effect, with respect emerging as the dominant mediator (accounting for 61–72% of indirect effects), followed by neutrality, while voice contributed negligibly. This mediation was particularly strong for affective trust (89.6% of total effect) compared to cognitive trust (69.8%). These findings extend procedural justice theory to AI-assisted judicial contexts and suggest that communicating explanations about AIJDM is a vital mechanism for signaling respect to participants in a court process and maintaining judicial legitimacy in increasingly AI-assisted judicial processes.
The introduction of co-management is often associated with recognition and allocation of property rights. This chapter therefore provides definitions of the concepts of property, property rights and property regimes. Systems informed by economic theory to provide ‘user rights’ are reviewed in relation to collaborative governance, including Transferable Quota systems and Territorial User Rights for Fishing. Given that rights may be contested and not realised in practice, the chapter goes on to consider the pursuit and realisation of justice through co-management, differentiating between procedural, distribution and recognition justice. Insights from the application of a human rights based approach to natural resource governance and implications for co-management are then identified.
This chapter concludes that narrative change both precedes and sustains legal transformation. Across Ghana, Israel, Greece, and India, the study shows that the (in)cohesion of judicial narratives decisively shapes minority trust, procedural justice, and reform. Narratival cohesion sends a strong signal to lower courts, religious authorities, and communities, reinforcing legitimacy and the rule of law, while incohesion undermines harmonization and fuels alienation. The chapter introduces a “Narrative Cohesion Test” to complement Irshai and Zion-Waldoks’s “Narrative Ripeness Test,” arguing that internal readiness for reform yields results only when courts articulate coherent, consistent narratives. Through the example of S. Sushma v. Commissioner of Police (2021), it illustrates how judicial reflexivity and narrative literacy can deconstruct exclusionary norms and construct new, dignity-affirming meanings. A proposed “Blueprint for Narrative Transformation” outlines practical judicial and civic steps for narrative reform, framing law itself as an act of storytelling that links justice, empathy, and coexistence.
This chapter examines how Ghanaian courts have historically constructed and sustained a rejectionist narrative toward Muslim Family Law (MFL). From the colonial Marriage of Mohammedans Ordinance of 1907 to the present, the judiciary and bureaucracy have collaborated to exclude MFL from formal recognition, treating it as a foreign legal system. This enduring narratival exclusion has denied Ghanaian Muslims meaningful judicial feedback, foreclosed harmonization between communal and state legal meanings, and deepened procedural injustice. The analysis traces how exclusion, presented as legal neutrality, in practice privileges customary law rooted in indigenous religion while marginalizing Islamic norms. Drawing on interviews and case analysis, the chapter shows how this exclusionary narrative erodes trust in courts, fosters legal estrangement, and, in extreme cases, fuels radicalization. By theorizing “narratival exclusion,” the chapter reveals how cohesive yet exclusionary judicial narratives produce stability without justice, undermining legitimacy in Ghana’s plural legal order.
This chapter examines narratival conflict within Greek courts over the legitimacy and scope of Muslim Family Law (MFL) in Thrace – the only European jurisdiction formally recognizing Islamic law. It identifies three competing judicial narratives: the Protective Narrative, which upholds the mufti’s jurisdiction as a treaty-based obligation; the Restrictive Narrative, which narrows that jurisdiction under constitutional and human-rights principles; and the Liberative Choice Narrative, which affirms minority exit rights and voluntary recourse to civil law. Drawing on content analysis of case law and extensive fieldwork, the chapter demonstrates how narratival incohesion between higher and lower courts has produced chronic legal ambiguity, undermined procedural justice, and eroded minority trust. It argues that Greece’s securitized approach to Islamic law – shaped by historical tensions with Turkey – has stifled harmonization and prevented internal reform within the mufti system. Ultimately, narratival conflict, rather than fostering pluralism, has entrenched uncertainty, alienation, and the double failure of both religious and civil justice.
This chapter examines how narratival alignment within the Israeli judiciary has shaped the interpretation and reform of Muslim Family Law (MFL). Unlike in other jurisdictions, Israeli courts exhibit high narratival cohesion across the judicial hierarchy, underpinned by ideological consensus and professional norms. Through analyses of High Court of Justice (HCJ) and civil family court rulings, the chapter identifies five dominant judicial narratives – jurisdictional, human rights, best interests of the child, Orientalist-sexist, and comparative. It argues that while coherent apex-court narratives foster procedural justice, predictability, and minority trust, their effects on internal reform depend on resonance with religious courts and reformist groups. Alignment among the HCJ, reformers, and the shariʿa establishment enabled custody and gender reforms, including the appointment of Israel’s first female shariʿa judge. Yet in maintenance and confinement cases, alignment was absent, leaving patriarchal norms intact. The chapter thus reveals both the emancipatory and constraining potential of narratival cohesion in pluri-legal systems.
The approach of equity theory and other justice-based psychological theories to intergroup relations is criticlly examined in this chapter. The discussion includes consideration of distinctions between distributive and procedural justice, rights and duties, and natural law and positive law. The equity theory proposition that the ratio of inputs and outcomes determine subjective justice is examined, with research examples of how the ratio works. Lerner’s just world theory is also discussed, with research examples. The applied implications of equity theory and just world theory are also examined, as are the relationship between these theories and other major theories of intergroup relations.
Judging Through Narrative explores the normative frames, or judicial narratives, that non-Muslim courts construct when adjudicating Muslim Family Law disputes. The book examines how these narratives shape the rule of law, gender reform, and public trust in the justice system. Drawing on over 400 interviews with judges, lawyers, and litigants, and an analysis of nearly 3,000 judicial decisions from Ghana, India, Israel, and Greece, the book reveals how coherence and fragmentation in judicial storytelling influences legal legitimacy and reform. Introducing the concept of 'narratival (in)cohesion', this work offers a new framework for understanding how courts mediate between religion, rights, and state authority. Bridging law, political science, and socio-legal studies, it is an essential resource for scholars, policymakers, and practitioners seeking to understand how judicial narratives shape the lived experience of law in diverse, multi-religious societies. This title is also available as open access on Cambridge Core.
Fairness norms operate in virtually every area of social endeavor. There are several common behavioral responses to exchanges between social actors. Exploitation and retaliation, both of which are threats to fairness, are closely associated with narcissism. Other behavioral responses include cooperation, reciprocity, acquiescence, withdrawal, and altruism. Social movements such as Black Lives Matter and #MeToo are collective responses to profound unfairness.
What do clients value in legal representation? Based on 65 in-depth interviews with Anishinaabek litigants and their relatives, this study explores how clients construct attorney–client relationships, value representation and experience justice. Drawing from the sociolegal literature on access to justice, attorney–client relationships, and legal services delivery, this article extends understandings of how relationship dynamics inform client evaluations of legal representation and their justice experiences. Caretaking, or a reciprocal relationship with a lawyer based on human connection, respect and a mutual sense of being in a difficult situation together, emerges as a crucial way Anishinaabek value lawyers that help them navigate confusing legal processes during difficult times in their lives. These findings question the promises of procedural justice by illuminating how clients decouple their experiences with lawyers from their views of the justice system. They also contribute to timely debates about the importance of legal representation and access to justice in marginalized communities.
Edited by
Monika Zalnieriute, Law Institute of the Lithuanian Centre for Social Sciences,Agne Limante, Law Institute of the Lithuanian Centre for Social Sciences
Artificial intelligence (AI) systems are used in court to analyse legal data, cite case law, evaluate and generate evidence, or support judges with prediction. As technological advancements enter the courtroom, assessing their impact on core judicial values is crucial. This chapter asks whether AI undermines procedural fairness in judicial decision-making. To address this question, it first presents procedural fairness as a normative concept studied across different disciplines. It shows why procedural fairness matters and what values fair procedures aim to foster. Drawing on case studies and scholarly work, it then illustrates how AI systems may impair these values. It then investigates how regulatory attempts and ethical frameworks for AI in judicial systems aim to address the resulting issues by analysing fundamental principles of technology regulation. The main argument of the chapter is that AI regulation must be complemented by specific procedural rules tailored to the judicial domain. In the age of AI, fair procedures should realise participation, increase trust, preserve neutrality, and provide mechanisms to detect errors in AI systems.
Relational equality theorists have drawn attention to the expressive dimensions of social and institutional hierarchies, highlighting the ways that expressive disrespect, for example by state institutions and officials can entrench social inequalities. Meanwhile, theorists of trust have drawn attention to the ways that agents who are disadvantaged or marginalised are often treated with presumptive distrust by social institutions and excluded from the trust economy. This paper draws on these insights, on empirical findings from the literature in social psychology on procedural justice, and on conceptions of vulnerability, to argue that expressive disrespect and presumptive distrust by state institutions is a form of injustice that can entrench vulnerability. The theoretical argument is supported and extended by discussion of a notorious example from the recent Australian context, Robodebt, a government scheme that was found to be illegal, which used automated decision-making technology to identify and claw back alleged overpayments to social welfare recipients.
Although the main focus of the dialogue is practical deliberation rather than political and legal theory, it has over time provided stimulus to such theorizing. In this dialogue, the bond between citizen and state is portrayed as one of personal commitment. Strikingly, Plato does not invoke natural law, divine law, Kantian generalizations, or consequentialist theories where he might have done.
This chapter focuses on issues of justice in sustainability transitions. Although there is an increasing focus in academia, policymaking and practice on the importance making sustainability transitions not only environmentally and economically sustainable, but also just and fair so that costs and benefits are shared equally, this chapter illustrates that social inequities can often be exacerbated rather than alleviated in the context of sustainability transitions. Indeed, people who are vulnerable and marginalised do not often benefit from sustainability transitions: they may have limited opportunities to actively participate as citizens and suffer from negative consequences of climate and energy policies and projects. Such injustices are often the reason for contestations of developments, projects, policies and initiatives that are part of sustainability transitions. This underlines the importance of considering questions of distributional, recognition, procedural, restorative, cosmopolitan, spatial, postcolonial, intergenerational and multispecies justice when designing, developing, and implementing sustainability transition policies and projects across all socio-technical systems.
Negotiations by more than 180 States during the Intergovernmental Negotiating Committee (INC) session 5.2 to develop a legally binding instrument with the purpose to end plastic pollution have, once again, concluded without a treaty. This is especially disastrous for developing States and marginalized peoples (such as indigenous communities and waste pickers), who are disproportionately suffering from plastic pollution. In this article, we show that developing States were underrepresented at the INC-5.2 negotiations in Geneva: Their delegations were on average only half as large (~5 delegates) when compared to delegations from Western European States (~13 delegates) and those from States with a high and very high Human Development Index (~10 delegates). In addition, more than 230 industry representatives participated in INC-5.2, exerting influence in diverse ways, both during official negotiations and through side events, organized by lobbying organizations. Finally, we discuss the importance of how treaty negotiations were organized: Simultaneously occurring negotiation formats (such as contact groups and informal meetings) put smaller delegations at a disadvantage, causing procedural injustice, which falls under the responsibility of the INC Secretariat.
While the idea of predistribution is gaining traction, it may seem inherently elusive. The source of confusion is the prefix ‘pre’, which denotes priority or prevention. This paper proposes a new functional definition of predistribution that is practically useful and unifies different predistributive policies. Through defending predistribution as policies of ex ante distribution, I offer a philosophically robust notion of priority (‘procedural priority’) and different functions of prevention that help make sense of predistribution. I also develop typologies of different predistributive policies and explore justificatory grounds and strengths of predistribution. I emphasize instrumental reasons for supporting predistribution.
This chapter analyses compliance motivations and their alignment with existing taxonomies: extrinsic vs. intrinsic motivations, cooperation vs. coercion, and trust-based vs. monitoring-based approaches. It then explores the advantages of voluntary compliance over coerced compliance, both in the short term and in the long term.
Drawing on the two-factor model of organizational justice and social exchange theory, this study investigates the mediating roles of procedural and distributive justice in the relationship between work locus of control (WLOC) and leader–member exchange (LMX). Using data collected from two cultural contexts – the United States and South Korea – this research further examines whether culture moderates the indirect relationship between WLOC and LMX through perceived justice. The findings indicate that subordinates with an internal WLOC tend to report higher-quality LMX relationships, and that both procedural and distributive justice partially mediate this relationship. Moderated mediation analyses reveal that the indirect effects of WLOC on LMX via justice perceptions are significantly stronger in the U.S. sample than in the Korean sample. These results contribute to the literature by identifying perceived justice as a key psychological mechanism linking individual traits to relational outcomes at work, and by highlighting how cultural values shape this process.
Researchers applying evolutionary theory to political psychology discover that in democracies, most citizens struggle to select political leaders based on their ideologies. Rather, they tend to concentrate on procedural fairness during public decision-making when evaluating their leaders. We re-examine such evolutionary propositions in China using eight Wason selection experiments. In autocracies, where accountability systems are weak or absent, little is known about how citizens judge politicians’ ideologies and their cheating behaviors. Our findings show that Chinese citizens are incapable of identifying political leaders’ ideological orientations; instead, they rely on a cheater-detection mechanism, evaluating leaders based on their adherence to procedural fairness. These results contribute to our understanding of democratic competence and the cognitive mechanisms of political judgment in autocratic contexts.
Today, policing in the United States is facing a crisis of legitimacy and calls for reform. This Element examines this crisis and describes the adverse effects of problematic police behavior on community members, police officers, and public safety. A critical analysis of past reform efforts is offered, including why they have had limited success in changing police operations, police culture, or styles of policing. The central thesis of this Element is that most police reforms have failed because we continue to use the wrong metrics to evaluate police performance. Cities have yet to systematically measure what matters to the public, namely how people are treated by the police. Hence, this Element proposes a new system of accountability using data from body-worn cameras and contact surveys to measure and incentivize procedural justice. Translating evidence into real organizational change should improve street-level policing, enhance police legitimacy, and improve public safety.