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Procedural justice and substantive justice
Transcript of Procedural justice and substantive justice
Justice is a concept which indicates that
all kinds of conflicting interests have been
balanced properly.the balance can be embodied
not only in a result but also in a procedure，so we can ask whether a procedure is just or a result
is just，but we can not say a procedure is''procedurally just'' or a result is ''substantively just''
Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings. This sense of procedural justice is connected to due process (U.S.), fundamental justice (Canada), procedural fairness (Australia), and natural justice (other Common law jurisdictions), but the idea of procedural justice can also be applied to nonlegal contexts in which some process is employed to resolve conflict or divide benefits or burdens. Other aspects of procedural justice can also be found in social psychology and sociology issues and organizational psychology.
In law, substantive justice is the opposite of procedural justice. A clear definition for substantive justice is that it is a just behavior or treatment that is fair and reasonable. It has a solid foundation or basis and is concerned with the way in which an individual evaluates important and meaningful things to produce an outcome.
Judicial justice is necessary for law itself as well as for the idea of governing the country by law. Judicial justice consists of procedural justice and substantive justice. Being the real connotations of judicial justice, there inevitably exist eorfliets and dashes between procedural justice and substantive justice.
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