司法构造：超越民事诉讼外文翻译.docVIP

外文翻译 原文： Constructs of Justice: Beyond Civil Litigation Of：Alan J. Tomkins and Kimberly Applequist Prominent justice theories, that is, distributive, procedural, restorative, and retributive justice.Briefly, distributive justice is concerned primarily with the perceived fairness of the outcome of a given proceeding, whether that proceeding is judicial, quasi judicial or entirely non-judicial in nature. Procedural justice, in contrast, is concerned with whether the procedures used in a given process are considered fair by the participants, and is similarly not restricted to judicial settings. Restorative justice is concerned, as the name implies, with restoring an injured party to his or her pre-injury state and helping the injuring party recognize and redress the injurious nature of his or her acts. Finally, retributive justice looks at the psychology of responding to harms that have been inflicted. Recent research indicates that retributive and restorative justice principles are, as with the distributive and procedural justice contexts, applicable outside the judicial context. Justice constructs as well as the numbers, their boundaries, etc. For purposes of this rely on the constructs of justice used by Tom Tyler, by far the most prolific and important of modern justice scholars, and his colleagues in their book, Social Justice in a Diverse Society. Constructs of Justice: Beyond Civil Litigation 259 distribution of resources among competing parties, while a need-based allocation might result in a previously disadvantaged party receiving a larger share of the resources, and an efficiency-based allocation might call for distributing a larger share to those parties that produce the most. In a given situation, then, how might one decide which principle(s) should be applied to make an appropriate allocation determination? There is, perhaps not surprisingly, some dispute about this. Rawls himself felt that the principles apply in some sort of orderly hierarchy, but othe