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Theoretical and practical aspects of the theory of procedural justice in social psychology and legal conflictology (based on the study of the conflict and the legal forms of its resolution)

https://doi.org/10.31429/20785836-15-1-13-21

Abstract

Multidimensional content of the category of justice as a universal measure of behavior and worldview predetermines the appearance of new and even non-traditional interpretations of this concept in modern science. Problems of social justice, legal justice, distributive justice, formal, interpersonal and political justice have been repeatedly discussed by science at various levels, which is undoubtedly due to the role and regulatory function of justice in organizing social interaction.

The increasing conflictuality of society causes the practical need for such forms and methods of dispute resolution and conflict resolution, which would allow to use the positive function of conflict to ensure the coordinated and productive development of society and the satisfaction of the interests of its participants. The positive function of the conflict will be realized in the case of a general positive assessment of the fairness of interaction in its resolution, i.e. the assessment of a fair result and fairness of the procedure of its achievement. Meanwhile, today in science there is no unified approach to the definition of the criteria of general assessment of social interaction fairness, as well as the criteria of procedural fairness assessment.

The mentioned problems determine the relevance of independent doctrinal value and practical interest in the study of procedural justice as an interdisciplinary scientific category. The purpose of this study is to determine the main criteria of fair social interaction, which form a general assessment of interaction fairness, and constitute the theory of procedural justice on the basis of a comprehensive analysis of some aspects of procedural justice in the field of social psychology and conflictology.

In the course of this study it was found that:

1. Procedural fairness in the meaning of objective fairness is understood as conditioned by objective factors the possibility of independent control of the procedure and influence on it by the parties.

2. Subjective content of procedural fairness is the perception of decision-making procedure as a fair form of dispute resolution through satisfaction of personal interest. The revealed connection between the assessment of procedural fairness and making quality decisions, which determines the choice of such procedures, ensures the recognition and enforcement of decisions in the long term.

3. Criteria of fair social interaction that make up the overall assessment of fairness of interaction are the following: the content of social norms, the order (procedure) of their application and compliance with these social norms by participants of social relations.

About the Author

D. E. Mikhel
FGBOU VO "Kuban State University"
Russian Federation

Dina E. Mikhel, Cand. of Sci. (Law), Associate Professor of the Department of Theory and History

Stavropol str., 149, Krasnodar, 350040
Tel.: +7 (918) 271-35-45



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Mikhel D.E. Theoretical and practical aspects of the theory of procedural justice in social psychology and legal conflictology (based on the study of the conflict and the legal forms of its resolution). Legal Bulletin of the Kuban State University. 2023;(1):13-21. (In Russ.) https://doi.org/10.31429/20785836-15-1-13-21

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