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Impure procedural justice
and the management of conflicts about values
Emanuela Ceva
University of Pavia
Abstract.
This
paper aims to outline the essential structural traits that a procedural
theory of justice for the management of conflicts about values should
display in order to combine open-endedness and cogency. To this purpose,
it offers an investigation into the characteristics of procedural
justice through a critical assessment of John Rawls’s taxonomy of
proceduralism, in terms of perfect, imperfect and pure procedural
justice. Given the concessions the two former kinds of proceduralism
make to substantive theories, and the potentially misleading
characterisation Rawls gave of pure procedural theories of justice, it
reformulates the latter category in terms of impure proceduralism. In
this case, the theory is required not to pose substantive constraints on
the qualities of just outcomes, but is, rather, expected to provide a
trans-contextually applicable account of the qualities of just
procedures on the basis of an independent formal criterion of justice.
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