Legitimacy and online proceedings: Procedural justice, access to justice, and the role of income

被引:8
作者
Mentovich, Avital [1 ,4 ]
Prescott, J. J. [3 ]
Rabinovich-Einy, Orna [2 ]
机构
[1] Univ Haifa, Fac Law, Criminol, Haifa, Israel
[2] Univ Haifa, Fac Law, Law, Haifa, Israel
[3] Univ Michigan, Law Sch, Law, Ann Arbor, MI USA
[4] Univ Haifa, Fac Law, Haifa, Israel
关键词
DISPUTE RESOLUTION; POLICE LEGITIMACY; SOCIAL IDENTITY; PSYCHOLOGY; BELONGINGNESS; FAIRNESS; COURTS; TRUST; CARE;
D O I
10.1111/lasr.12653
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Courts have long struggled to bridge the access-to-justice gap associated with in-person hearings, which makes the recent adoption of online legal proceedings potentially beneficial. Online proceedings hold promise for better access: they occur remotely, can proceed asynchronously, and often rely solely on written communication. Yet these very qualities may also undermine some of the well-established elements of procedural-justice perceptions, a primary predictor of how people view the legal system's legitimacy. This paper examines the implications of shifting legal proceedings online for both procedural-justice and access-to-justice perceptions. It also investigates the relationship of both types of perceptions with system legitimacy, as well as the relative weight these predictors carry across litigant income levels. Drawing on online traffic court cases, we find that perceptions of procedural justice and access to justice are each separately associated with a litigant's appraisal of system legitimacy, but among lower-income parties, access to justice is a stronger predictor, while procedural justice dominates among higher-income parties. These findings highlight the need to incorporate access-to-justice perceptions into existing models of legal legitimacy.
引用
收藏
页码:189 / 213
页数:25
相关论文
共 113 条
[61]  
NAGEL T, 1987, PHILOS PUBLIC AFF, V16, P215
[62]   Procedural Justice and Legal Compliance [J].
Nagin, Daniel S. ;
Telep, Cody W. .
ANNUAL REVIEW OF LAW AND SOCIAL SCIENCE, VOL 13, 2017, 13 :5-28
[63]   Unintended Consequences: The Regressive Effects of Increased Access to Courts [J].
Niblett, Anthony ;
Yoon, Albert H. .
JOURNAL OF EMPIRICAL LEGAL STUDIES, 2017, 14 (01) :5-30
[64]  
O'Neil MeghanM., 2019, LAW CONTEMP PROBL, V82, P199, DOI DOI 10.31235/OSF.IO/HSGBQ
[65]  
Peterson Amelia., 2018, OECD ED WORKING PAPE
[66]   Measuring the Accessibility and Equality of Civil Justice [J].
Pleasence, Pascoe ;
Balmer, Nigel .
HAGUE JOURNAL ON THE RULE OF LAW, 2018, 10 (02) :255-294
[67]  
Prescott JJ, 2020, SELECTION AND DECISION IN JUDICIAL PROCESS AROUND THE WORLD: EMPIRICAL INQUIRIES, P30
[68]  
Prescott JJ, 2017, VANDERBILT LAW REV, V70, P1993
[69]  
Prescott J.J., 2023, LEGAL TECH FUTURE CI
[70]  
Rabinovich-Einy O., 2017, The American University Law Review, V67, P165