Court proceedings aim to resolve conflicts fairly, traditionally by ensuring a correct, externally defined outcome. However, newer theories – like Luhmann’s legitimacy, Habermas’ discourse theory, and pure procedural justice – emphasize the procedure itself as central to justice. These approaches argue that fairness and participation shape acceptance of rulings more than their content. Social psychology supports this, showing that perceived fairness and influence in the process matter most to those involved. As law becomes more procedural, the concept of procedural justice gains prominence in legal philosophy, though it remains a topic needing deeper exploration and debate.

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Prozedurale Gerechtigkeit

  • Ulfrid Neumann

摘要

Court proceedings aim to resolve conflicts fairly, traditionally by ensuring a correct, externally defined outcome. However, newer theories – like Luhmann’s legitimacy, Habermas’ discourse theory, and pure procedural justice – emphasize the procedure itself as central to justice. These approaches argue that fairness and participation shape acceptance of rulings more than their content. Social psychology supports this, showing that perceived fairness and influence in the process matter most to those involved. As law becomes more procedural, the concept of procedural justice gains prominence in legal philosophy, though it remains a topic needing deeper exploration and debate.