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Clara Sabbagh

Manfred Schmitt Editors

Handbook of
Social Justice Theory
and Research
Handbook of Social Justice Theory
and Research
Clara Sabbagh • Manfred Schmitt
Editors

Handbook of Social
Justice Theory
and Research
Editors
Clara Sabbagh Manfred Schmitt
Department of Leadership Department of Psychology
and Policy in Education University of Koblenz-Landau
University of Haifa Landau, Germany
Haifa, Israel

ISBN 978-1-4939-3215-3 ISBN 978-1-4939-3216-0 (eBook)


DOI 10.1007/978-1-4939-3216-0

Library of Congress Control Number: 2015952216

Springer New York Heidelberg Dordrecht London


© Springer Science+Business Media New York 2016
This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or
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Printed on acid-free paper

Springer Science+Business Media LLC New York is part of Springer Science+Business Media
(www.springer.com)
This handbook is dedicated to the founders of the International Society
for Justice Research:

Ronald L. Cohen (USA)


Karen S. Cook (USA)
Ronald C. Dillehay (USA)
Russell Hardin (USA)
Melvin J. Lerner (Canada)
Gerold Mikula (Austria)
Leo Montada (Germany, founding president)
Tom R. Tyler (USA)
Riël Vermunt (The Netherlands).
Contents

1 Past, Present, and Future of Social Justice Theory


and Research ................................................................................ 1
Clara Sabbagh and Manfred Schmitt

Part I Disciplinary Approaches

2 Philosophy of Justice: Extending Liberal Justice


in Space and Time ........................................................................ 15
Lukas H. Meyer and Pranay Sanklecha
3 Sociology of Justice ...................................................................... 37
Stefan Liebig and Carsten Sauer
4 Psychology of Justice ................................................................... 61
Mario Gollwitzer and Jan-Willem van Prooijen
5 The Economics of Justice ............................................................ 83
James Konow and Lars Schwettmann

Part II The Justice Motive

6 Justice and Self-Interest .............................................................. 109


Leo Montada and Jürgen Maes
7 The Justice Motive: History, Theory, and Research ................. 127
John H. Ellard, Annelie Harvey, and Mitchell J. Callan
8 Belief in a Just World................................................................... 145
Carolyn L. Hafer and Robbie Sutton
9 Justice Sensitivity ......................................................................... 161
Anna Baumert and Manfred Schmitt
10 Social-Cognitive and Motivational Processes
Underlying the Justice Motive .................................................... 181
Kees van den Bos and Michèlle Bal

vii
viii Contents

Part III Forms of Justice

11 Distributive Justice....................................................................... 201


Guillermina Jasso, Kjell Y. Törnblom, and Clara Sabbagh
12 Procedural Justice ........................................................................ 219
Riël Vermunt and Herman Steensma
13 Retributive Justice ....................................................................... 237
Michael Wenzel and Tyler G. Okimoto
14 Restorative Justice ....................................................................... 257
Ronald L. Cohen

Part IV Spheres of Justice

15 The Psychology of Social Justice in Political


Thought and Action ..................................................................... 275
Tobias Rothmund, Julia C. Becker, and John T. Jost
16 Social Justice and the Welfare State: Institutions,
Outcomes, and Attitudes in Comparative Perspective ............. 293
Patrick Sachweh
17 Justice in the Work Setting ......................................................... 315
Marius van Dijke and David De Cremer
18 Justice in the Couple and the Family ......................................... 333
Dorothea Dette-Hagenmeyer and Barbara Reichle
19 Justice and Education .................................................................. 349
Nura Resh and Clara Sabbagh
20 Justice and Environmental Sustainability ................................. 369
Susan Clayton, Elisabeth Kals, and Irina Feygina
21 Inequity Responses in Nonhuman Animals ............................... 387
Catherine F. Talbot, Sara A. Price, and Sarah F. Brosnan

Part V Beyond Justice

22 Morality and Justice .................................................................... 407


Linda J. Skitka, Christopher W. Bauman,
and Elizabeth Mullen
23 Social Dynamics of Legitimacy and Justice ............................... 425
Karen A. Hegtvedt, Cathryn Johnson, and Lesley Watson
24 Archives and Social Justice Research ........................................ 445
Susan Opotow and Kimberly Belmonte
Contents ix

25 Justice and Culture ...................................................................... 459


Ronald Fischer
26 Between Relative Deprivation and Entitlement:
An Historical Analysis of the Battle for Same-Sex
Marriage in the United States ..................................................... 477
Ella Ben Hagai and Faye J. Crosby

Index ...................................................................................................... 491


About the Editors

Clara Sabbagh (Ph.D., Hebrew University of Jerusalem) is associate profes-


sor of sociology of education at the Department of Leadership and Policy in
Education, University of Haifa, Israel. At the heart of her work lies an ongo-
ing inquiry into key aspects of conceptions of social justice that underlie the
basic structure of society. She is an associate editor for the journal Social
Justice Research and served as the president of the International Society for
Justice Research (ISJR) (2010–2012). Currently (2014–2018), she is the
president of the Social Psychology Research Committee (RC42) at the
International Sociological Association. Sabbagh’s Erdős number is 4.
csabbagh@edu.haifa.ac.il

Manfred Schmitt teaches personality and psychological assessment at the


University of Koblenz-Landau. Prior to his current affiliation, he was a pro-
fessor of developmental psychology (Saarbruecken), statistics (Magdeburg),
and social psychology (Trier). His research interests include emotion (guilt,
shame, anger, jealousy, anxiety, disgust), social justice, personality and infor-
mation processing, nonlinear person x situation interaction, objective person-
ality testing, the joint impact of implicit and explicit dispositions on behavior,
and the simultaneous modeling of traits and states. Manfred Schmitt has
served as an associate editor of Social Justice Research, Psychologische
Rundschau, Diagnostica, the European Journal of Psychological Assessment,
and the European Journal of Personality.
schmittm@uni-landau.de

xi
About the Authors

Michèlle Bal After obtaining a Ph.D. in Social Psychology on the subject of


social justice, Michèlle Bal is currently an assistant professor criminology at
Leiden University. She is interested in cultural world views, especially those
related to justice, and their social consequences. Her research focused on
positive and negative reactions toward innocent victims of injustice and the
underlying social-psychological processes. In addition to the individual con-
sequences, for instance, for victims, she is interested in the workings of these
processes on a group level, for example, in system justification, protest
behavior, and extremism.
m.bal@law.leidenuniv.nl

Christopher W. Bauman is an assistant professor at the Paul Merage School


of Business at the University of California, Irvine. His research interests include
justice, morality and ethics, corporate social responsibility, and diversity.
cwbauman@exchange.uci.edu

Anna Baumert is an assistant professor for personality and assessment at the


University of Koblenz-Landau, Germany. Her research focuses on social
information processing and its role in shaping individual differences in moral
emotions and justice-related behavior. She investigates social phenomena
such as cooperation, altruistic punishment, moral courage, and conflict resolu-
tion. Currently, she receives funding for research projects on the development
of justice sensitivity in young adulthood as well as on the development of
political trust and political engagement.
baumert@uni-landau.de

Julia C. Becker is a professor of social psychology at the University of


Osnabrueck, Germany. She received her Ph.D. in Social Psychology from the
University of Marburg in 2008. Her main research interests focus on ways to
explain why disadvantaged group members tolerate societal systems that produce
social and economic inequality and how legitimizing ideologies help to maintain
unequal status relations. She is also interested in people’s motivation in activism
for social change and in the consequences of collective action participation.
julia.becker@uni-osnabrueck.de

xiii
xiv About the Authors

Kimberly Belmonte is a doctoral student in the Critical Social/Personality


Psychology program at The Graduate Center, City University of New York.
She is also a researcher at the Public Science Project, where she is primarily
engaged in community-based participatory research. Her research focuses on
the transformation of injustice through documentation and reimagining resis-
tance and resilience. Her recent work examines disproportionate school dis-
cipline and the marginalization of diverse sexual and gender expressions in
public high schools.
kbelmonte@gradcenter.cuny.edu

Sarah F. Brosnan is an associate professor of psychology, philosophy, and


neuroscience at Georgia State University. She studies the mechanisms under-
lying cooperation, reciprocity, inequity, and other economic decisions in non-
human primates from an evolutionary perspective. She looks at the decisions
individuals make and how they make them, how their social or ecological
environments affect their decisions and interactions, and under what circum-
stances they can alter their behaviors depending on these conditions. She is
particularly interested in the evolutionary origins of reactions to inequity,
how they relate to human fairness, and what this tells us about the evolution
of morality.
sarah.brosnan@gmail.com

Mitchell J. Callan is a reader in psychology at the University of Essex,


United Kingdom. He obtained his Ph.D. in Social Psychology from the
University of Calgary. He then completed a postdoctoral fellowship at the
University of Western Ontario before joining the faculty in the Department of
Psychology at the University of Essex.
mcallan@essex.ac.uk

Susan Clayton is a Whitmore-Williams professor of psychology at the


College of Wooster. Her research focuses on understanding and promoting
concern about environmental issues and on the ways in which a relationship
with nature is promoted through social interactions. Her books include
Conservation Psychology: Understanding and Promoting a Healthy Human-
Nature Relationship (with Gene Myers, second edition in press), Oxford
Handbook of Environmental and Conservation Psychology (2012, edited),
and Justice and Self-Interest: Two Fundamental Motives (with Mel Lerner,
2011). She is a fellow of the American Psychological Association and presi-
dent-elect of the Society for the Psychological Study of Social Issues.
sclayton@wooster.edu

Ronald L. Cohen is a social psychologist at Bennington College and a


founding member of the International Society of Justice Research. He is a
coauthor (along with Duane Alwin and Theodore Newcomb) of Political
Attitudes Over the Life Span: The Bennington Women After 50 Years, editor
of Justice: Views from the Social Sciences, editor (along with Gerald
Greenberg) of Equity and Justice in Social Behavior, and editor (along with
Hans-Werner Bierhoff and Gerald Greenberg) of Justice in Social Relations.
About the Authors xv

He has been serving on the Bennington (VT) County Reparative Board for
over 20 years.
rlcohen@bennington.edu

David De Cremer is currently the KPMG chair of management studies at


Cambridge Judge Business School, University of Cambridge (UK). He was a
professor of management at China Europe International Business School and
a professor of organizational behavior at London Business School. He is the
founder of the Erasmus Centre of Behavioural Business Ethics at Rotterdam
School of Management, and in 2009–2010, he was named the most influen-
tial economist in the Netherlands. He is the recipient of the British Psychology
Society Award “Outstanding Ph.D. thesis in social psychology,” “Jos Jaspars
Early Career Award for outstanding contributions to social psychology,”
“Comenius European Young Psychologist Award,” and “International Society
for Justice Research Early Career Contribution Award.”
d.decremer@jbs.cam.ac.uk

Faye J. Crosby is a distinguished professor of psychology at the University


of California, Santa Cruz, and a researcher specializing in social justice.
Crosby is known for her work on Relative Deprivation, Affirmative Action,
and Diversity. Among her books are Affirmative Action Is Dead; Long Live
Affirmative Action and Juggling: The Unexpected Advantages of Balancing
Career and Home for Women and Their Families.
fjcrosby@ucsc.edu

Dorothea Dette-Hagenmeyer obtained her Diploma in Psychology at the


University of Halle (Germany) in 2002 and Ph.D. at the University of Erlangen-
Nuremberg (Germany) in 2005. She is a lecturer and postdoc in 2006–2012
and an assistant professor in 2012–2014. She is in Robert Bosch Company
Stuttgart (Germany) since 2014. Her research includes career development
and family development, parenting and socio-emotional development of chil-
dren, injustice in marital relationships, distributions in same-sex relationships,
and codevelopment and evaluation of prevention programs for parents.
dette-hagenmeyer@ph-ludwigsburg.de

John H. Ellard is an associate professor of psychology at the University of


Calgary, Canada. He obtained his Ph.D. in Social Psychology from the
University of Waterloo and was a postdoctoral fellow at the Institute for
Social Research at the University of Michigan. He has since been a faculty
member in the Department of Psychology at the University of Calgary.
ellard@ucalgary.ca

Irina Feygina is a social psychologist specializing in development and


implementation of federal policy in areas of energy efficiency in building and
fleet sectors, clean technology adoption, environmental protection, sustain-
ability, and climate change assessment and adaptation. She also conducts
research on climate communication and approaches to foster adaptive
responses to ecological commons dilemmas. She emphasizes incorporation
xvi About the Authors

of human needs and behavioral approaches into program design and evi-
dence-based decision-making. Irina organizes interdisciplinary meetings on
climate resilience and teaches courses at the intersection of psychology and
environmental studies. She is a fellow at the White House Social and
Behavioral Sciences Team.
irina.feygina@gmail.com

Ronald Fischer, Ph.D. is a reader in psychology at Victoria University of


Wellington, New Zealand, and Marie Curie-Cofund senior fellow at Aarhus
Institute of Advanced Studies, Denmark. His research focuses on the inter-
play between justice processes and the larger cultural, economic, and eco-
logical context. He has published more than 100 articles and book chapters;
he is among the top 10 most cited researchers in culture and psychology and
currently serves as an associate editor of the Journal of Cross-Cultural
Psychology.
Ronald.Fischer@vuw.ac.nz; rfischer@aias.au.dk

Mario Gollwitzer is a professor of methodology and social psychology at


the department of psychology at Philipps-University Marburg, Germany. He
received his doctoral degree from the University of Trier in 2004 with a dis-
sertation on revenge. His research focuses on (a) social-psychological
research on retributive justice; (b) individual differences in “justice sensitiv-
ity” and their relation to moral reasoning and moral behavior; (c) effects of
violent video games on cognition, emotion, and behavior; and (d) public
understanding of and engagement with (social) scientific research programs
and findings.
mario.gollwitzer@uni-marburg.de

Carolyn L. Hafer is a professor in the Department of Psychology at Brock


University, Canada. She studies the justice motive, belief in a just world,
deservingness, and human rights. Carolyn has been the president of the
International Society for Justice Research and an associate editor of the jour-
nal Social Justice Research. She is currently a book series editor of Current
Perspectives on Justice and Morality.
chafer@brocku.ca

Ella Ben Hagai studied psychology at UC Berkeley and anthropology and


the London School of Economics. She is currently completing her Ph.D. in
Social Psychology at UC Santa Cruz. She researches narratives of person-
hood and how these shape political decision-making. She has published in the
journal Analysis of Social Issues and Public Policy and Peace and Conflict.
ebenhaga@ucsc.edu

Annelie Harvey is a psychology lecturer at Anglia Ruskin University in


Cambridge, United Kingdom. She obtained her Ph.D. in psychology from the
University of Essex in 2014, which considered how people make sense of
victimization and misfortune from a just-world theory perspective.
annelie.harvey@anglia.ac.uk
About the Authors xvii

Karen A. Hegtvedt is a professor of sociology at Emory University (Atlanta,


GA). Her work focuses on perceptions of and responses to injustice. Recent
empirical studies have examined the impact of collective sources of legiti-
macy on emotional responses to distributive injustice. In addition, she has
been involved in a series of papers looking at antecedents (such as environ-
mental identities and attitudes and perceived legitimacy of sustainability
efforts) to perceptions of environmental injustice and to environmentally
responsible behavior. She served as a coeditor (with Cathryn Johnson) and
editor of Social Psychology Quarterly from 2011 to 2014.
khegtve@emory.edu

Guillermina Jasso (Ph.D., Johns Hopkins) is a Silver Professor and profes-


sor of sociology at New York University. She has written extensively on
basic sociobehavioral theory, distributive justice, status, international migra-
tion, and inequality. Professor Jasso is an elected member or fellow of the
Johns Hopkins Society of Scholars, the Sociological Research Association,
and the American Association for the Advancement of Science. Two of her
articles have won awards, and she recently won the Lazarsfeld Award given
by the Methodology Section of the American Sociological Association for a
career of scholarship in sociological methodology. Professor Jasso’s Erdős
number is 3.
gj1@nyu.edu

Cathryn Johnson is a professor of sociology and senior associate dean,


Laney Graduate School, at Emory University (Atlanta, GA). Her work
focuses on legitimacy processes within groups and organizations, identity
processes, and emotions. Recent empirical studies have examined the effects
of collective sources of legitimacy on emotional responses to distributive
injustice. She has also worked on a series of papers examining the impact of
legitimacy of institutional sustainability policies and programming on envi-
ronmental justice perceptions, environmental identities, and behaviors. She
served as a coeditor of Social Psychology Quarterly with Karen Hegtvedt
from 2011 to 2013.
cjohns@emory.edu

John T. Jost is a professor of psychology and politics and co-director of the


Center for Social and Political Behavior at New York University. He has pub-
lished over 130 articles and chapters and four edited books on such topics as
stereotyping, prejudice, political ideology, social justice, and system justifi-
cation theory. Awards and honors include the Gordon Allport Intergroup
Relations Prize, Erik Erikson Early Career Award, SPSP Theoretical
Innovation Prize, SESP Career Trajectory Award, and the Morton Deutsch
Award for Distinguished Scholarly and Practical Contributions to Social
Justice. He is the president of the International Society of Political Psychology.
john.jost@nyu.edu

Elisabeth Kals holds a professorship for social and organizational


psychology at the Catholic University of Eichstätt-Ingolstadt (Germany).
xviii About the Authors

Her professional preparation is as follows: studies of psychology in Trier


(Germany) and Reading (UK), Ph.D. scholarship and postdoctoral research at
the University of Trier, and visiting professor at the University of the Federal
Armed Forces in Munich (Germany). Her research interests include justice
psychology, psychology of emotion, conflict resolution and mediation, moti-
vation research (especially in the field of environmental and health-related
behavior), decision-making in organizations, and other fields of responsible
behavior.
elisabeth.kals@ku.de

James Konow is the chair of economics and ethics at Kiel University and a
professor of economics at Loyola Marymount University. He has held guest
positions at Osaka University, the University of Gothenburg, and the
University of Oslo and has served as an editor of Economics and Philosophy
and associate editor of Social Justice Research. His work on economics and
ethics, behavioral economics, experimental economics, and happiness has
appeared in numerous journals, including the American Economic Review,
the Journal of Economic Literature, the Journal of Public Economics, Social
Choice and Welfare, and the Journal of Economic Behavior and Organization.
jkonow@lmu.edu

Stefan Liebig is a professor of sociology with a special focus on social


inequality and social stratification at the Faculty of Sociology, Bielefeld
University, and a principal investigator of the Collaborative Research Centre
(SFB) 882 research project A6, “The Legitimation of Inequalities—Structural
Conditions of Justice Attitudes over the Life-span.” His research interests are
empirical justice research, organizations and social inequality, and methods
of empirical research.
stefan.liebig@uni-bielefeld.de

Jürgen Maes received his diploma and Ph.D. from the University of Trier.
After working with Leo Montada and Manfred Schmitt in Trier, he is now a
member of the psychology department at the Bundeswehr University Munich,
where he teaches social and conflict psychology.
Juergen.Maes@unibw.de

Lukas H. Meyer is a university professor of moral and political philosophy


(University of Graz) since 2009. He is the dean of Faculty of Arts and
Humanities, since 2012, and a speaker of FWF Doctoral Programme “Climate
Change” since 2014. Lukas received his Doctor of Philosophy in 1996
(University of Oxford) and Habilitation and Privatdozent in 2003 (University
of Bremen). He is a faculty fellow in Ethics 2000–2001 (Harvard University),
research fellow of Alexander von Humboldt-Foundation 2001–2002
(Columbia University in NYC, School of Law), assistant professor of Practical
Philosophy 2005–2009 (University of Bern), and lead author of the International
Panel on Climate Change, Fifth Assessment Report, 2010–2014.
lukas.meyer@uni-graz.at
About the Authors xix

Leo Montada is a professor emeritus at the University of Trier, Germany,


Psychology Fb1. He was the first president of the International Society for
Justice Research (ISJR). Together with younger scholars, he has worked on
the impact of convictions about justice in personal and social life and on per-
ceived social and ecological responsibility. On the basis of these studies, he
has disputed the overestimation of self-interest in the economic theory of
behavior. Another line of his work was the emergence and control of emo-
tions, especially of those which are typical in social conflicts. All lines of
research are merged in a psychological model of conflict mediation which he
has elaborated in the last decade.
lmontada@t-online.de

Elizabeth Mullen is an associate professor of management at George


Washington University. Her research interests include justice, morality, and
ethics. Her work on justice investigates the roles that people’s emotions and
moral convictions play in shaping their perceptions of fairness and reactions
to transgressions. Her work on morality and ethics focuses on how individu-
als regulate and evaluate their own and others’ moral behavior.
mullen@gwu.edu

Tyler G. Okimoto is a senior lecturer at the University of Queensland


Business School, Brisbane, Australia. He received his Ph.D. in social/organi-
zational psychology from New York University in 2005 and worked as a post-
doctoral researcher at Yale University’s School of Management and in the
School of Psychology at Flinders University in Australia. Dr. Okimoto was
awarded the 2012 Early Career Researcher Award from the International
Society for Justice Research for his work investigating the self-concept
threats that follow transgressions and their subsequent implications for the
subjective meaning and repair of justice (e.g., compensation, punishment,
forgiveness, apologies, restorative conferencing).
t.okimoto@business.uq.edu.au

Susan Opotow is a professor at the City University of New York, John Jay
College of Criminal Justice and The Graduate Center. She served as an editor
of Peace and Conflict: Journal of Peace Psychology (2010–2013) and presi-
dent of the Society for the Psychological Study of Social Issues (2008–2009).
Her research concerns conflict and justice, focusing on the constructs, moral
exclusion, and moral inclusion and examining how, when, and why the scope
of justice changes over time.
sopotow@jjay.cuny.edu

Sara A. Price completed a master’s degree in psychology at Georgia State


University, where she studied the influence of the human experimenter on
responses to inequity in capuchin monkeys. She is currently a research ethics
program associate at the American Psychological Association.
sprice1015@gmail.com
xx About the Authors

Barbara Reichle graduated from the Heidelberg Teachers College (Germany)


in 1975 and completed Diploma in Psychology in 1983, Dr. rer. nat. in 1993,
and Habilitation in Psychology at the University of Trier (Germany) in 1999.
Since 2004, she is a full professor of Developmental and Educational
Psychology at Ludwigsburg University of Education (Germany). Her research
interests included social and political activism, women’s career development
and family development, parenting and socio-emotional development of chil-
dren, injustice in close relationships, distributions in same-sex relationships,
and codevelopment and evaluation of prevention programs for parents and of
a prevention program for promoting social and emotional competence in ele-
mentary school children.
reichle@ph-ludwigsburg.de

Nura Resh is a sociologist of education and a senior lecturer (Emeritus) at


the School of Education of the Hebrew University. Her interest and academic
research focused for many years on the equality and gaps in education and the
stratifying effects of school structure, especially school and class composi-
tion, on academic and nonacademic outcomes of students. In recent decades,
her research and academic publications revolve around the sense of justice in
schools: teachers’ and students’ ideas of what is just and antecedents and
consequences of students’ sense of (in)justice in school.
nura.resh@mail.huji.ac.il

Tobias Rothmund is an assistant professor for political psychology in the


Department of Psychology at the University of Koblenz-Landau, Germany.
He studied psychology and philosophy at the University of Trier and received
his Ph.D. for research on differential effects of video game violence on trust
and cooperation from the University of Koblenz-Landau. His research inter-
ests are located in the area of intersection between political psychology,
media psychology, and personality research. Current research projects focus
on the psychological underpinnings of justice sensitivity as a personality dis-
position, personality and political attitudes, motivated science reception, and
psychological reactions to perceived injustice in political scandals.
rothmund@uni-landau.de

Patrick Sachweh is an assistant professor in the Department of Sociology at


Goethe University Frankfurt, Germany. He obtained his Ph.D. from the
University of Bremen, Germany, in 2009. Prior to his current position, he was
a postdoctoral fellow at the Max Planck Institute for the Study of Societies in
Cologne, Germany. He works in the fields of social inequality, comparative
welfare state research, economic sociology, and mixed-methods research. His
research has been published, inter alia, in the European Sociological Review,
Socio-Economic Review, and Social Policy and Administration.
sachweh@soz.uni-frankfurt.de

Pranay Sanklecha has studied at the Universities of Oxford, Bern, and Graz
and is currently an assistant professor of philosophy in the Department of
Philosophy at the University of Graz. He has research interests in political
About the Authors xxi

philosophy and ethics, e.g., climate ethics, the foundations of intergenera-


tional justice, legitimate expectations, individual responsibilities in non-ideal
circumstances, and collective responsibility. He is currently working on a
manuscript project dealing with the meaning of life and how to deal with the
impossibility of ever knowing it.
pranay.sanklecha@uni-graz.at

Carsten Sauer is a postdoctoral research fellow in the Collaborative


Research Centre (SFB) 882 research project A6, “The Legitimation of
Inequalities—Structural Conditions of Justice Attitudes over the Life-span”
at Bielefeld University. His research interests include the explanation of
behavior, social inequality and justice, and quantitative research methods
(especially factorial surveys).
carsten.sauer@uni-bielefeld.de

Lars Schwettmann studied economics at the Universities of Birmingham


and Osnabrück. From 2001 until 2008, he was a doctoral researcher at the
University of Osnabrück. He is currently completing his habilitation at the
Martin-Luther-University Halle-Wittenberg. His main research interests are
empirical social choice, theories of distributive justice, health economics, and
prioritizing in medicine.
Lars.Schwettmann@wiwi.uni-halle.de

Linda J. Skitka is a professor and associate head of psychology at the University


of Illinois at Chicago. Her research interests include the antecedents and conse-
quences of moral conviction, how people think about morality in their everyday
lives, procedural and distributive justice, and political psychology.
lskitka@uic.edu

Herman Steensma is an associate professor emeritus of social and organiza-


tional psychology at Leiden University, the Netherlands. Moreover, he is
working as a management consultant. He was a co-initiator of the first bien-
nial Conference on Social Justice in the mid-1980s and one of the founders of
the Leiden Center for Social Justice Research (with Vermunt). His research
interests include social justice, leadership, occupational health, organiza-
tional change, quality of working life, total quality management, group
dynamics, and aggression. He has published extensively on these topics, both
in scientific and professional journals and in books.
STEENSMA@FSW.leidenuniv.nl

Robbie Sutton is a professor of social psychology at the University of Kent,


England. He studies belief in a just world, the justice motive, and people’s
appraisals of inequality and authority. Robbie is the author of Social
Psychology (Palgrave MacMillan) and serves on the editorial boards of the
British Journal of Social Psychology and the Journal of Language and Social
Psychology.
R.Sutton@kent.ac.uk
xxii About the Authors

Catherine F. Talbot is a doctoral student in psychology at Georgia State


University. Although her main focus is the evolution of face perception, she
has studied responses to inequity in several species of monkeys and apes.
katetalbot8@gmail.com

Kjell Y. Törnblom (Ph.D. in Social Psychology, University of Missouri-


Columbia) is a professor emeritus and affiliated with ETH (Swiss Federal
Institute of Technology Zurich). He has published research on social justice,
resource theory, conflict, intergroup relations, and theory integration; co-
edited three books: Resource Theory, Distributive and Procedural Justice,
and Handbook of Social Resource Theory; and was awarded a Distinguished
Alumni Award by the University of Missouri. He is a coeditor-in-chief (with
Ali Kazemi) for Social Justice Research and a member of the ISJR Executive
Board (International Society for Justice Research). He has served at universi-
ties in Sweden, the United States, and Canada, and his Erdős number is 4.
kjell.tornblom@his.se

Kees van den Bos is a professor of social psychology and a professor of


empirical legal science at Utrecht University. His main research interests
focus on experienced fair and unfair treatment, morality, cultural world views,
trust, and prosocial behavior. Insights that follow from this basic research are
applied in important societal contexts, especially in the domain of law, human
behavior, and society. Topics that he studies include the issue of fair pro-
cesses in government-citizen interactions, the role of group threat and depri-
vation in terrorism and radical behavior, and the psychological processes that
lead people to trust government and important societal institutions.
k.vandenbos@uu.nl

Marius van Dijke is a scientific director of the Erasmus Centre of Behavioural


Ethics and professor of behavioral ethics at Rotterdam School of Management,
Erasmus University, the Netherlands, and at Nottingham Business School,
Nottingham Trent University. His research interests lie at the intersection of
morality, social justice, power, trust, and leadership. Issues he examines in his
research include when power stimulates moral and immoral behavior, why
people so deeply value social justice, and what the role is of conscious and
nonconscious processes in moral judgment and behavior. He has published
widely on these topics in top-tier journals in management and psychology.
MvanDijke@rsm.nl

Jan-Willem van Prooijen is an associate professor at the department of


Social and Organizational Psychology at VU University Amsterdam and
senior researcher at the Netherlands Institute for the Study of Crime and Law
Enforcement (NSCR). He received his Ph.D. from Leiden University in 2002
with a dissertation on group dynamic aspects of procedural justice. His pres-
ent research focuses on (a) the psychology of injustice, notably punishment
of offenders, and corrupt decision-making; (b) belief in conspiracy theories;
and (c) the roots of extreme political ideologies.
j.w.van.prooijen@vu.nl
About the Authors xxiii

Riël Vermunt is an associate professor of social and organizational psy-


chology at Leiden University, the Netherlands. He has authored and co-
authored many articles and chapters on justice and co-edited several
volumes in English and Dutch. He is one of the founders of the International
Society of Social Justice Research and is the recipient of the International
Society for Justice Research Lifetime Achievement Award for 2014. In 2014,
his book The Good, the Bad, and the Just was published (Farnham: Ashgate
Publishing Limited).
VERMUNT@FSW.leidenuniv.nl

Lesley Watson is a senior research associate at ICF International with a


Ph.D. in Sociology from Emory University. Her research focuses primarily
on international issues, including work on the costs and outcomes of global
HIV/AIDS testing and treatment, and social-psychological responses to
cross-cultural travel. She has also conducted research on environmentally
responsible behaviors, environmental injustice, and the legitimacy of institu-
tional sustainability policies and programming.
lesley.watson@icfi.com

Michael Wenzel is an associate professor in the School of Psychology at


Flinders University, Adelaide, Australia. He completed his Ph.D. at the
University of Münster (Germany) in 1996, with a thesis on a social categori-
zation approach to distributive justice, for which he was awarded the Heinz
Heckhausen Award of the German Psychological Society. Currently, Dr.
Wenzel’s research focuses on justice restoration after wrongdoing in interper-
sonal and intergroup relations, including victims’ motivation to punish or
forgive as well as offenders’ coping with shame/guilt toward self-forgiveness
and moral repair. He was the president of the International Society for Justice
Research from 2012 to 2014.
Michael.Wenzel@flinders.edu.au
Contributors

Michèlle Bal Utrecht University, Utrecht, The Netherlands


Christopher W. Bauman University of California, Irvine, CA, USA
Anna Baumert University of Koblenz-Landau, Landau, Germany
University of Western Australia, Perth, WA, Australia
Julia C. Becker University of Osnabrück, Neuer Graben, Osnabrück,
Germany
Kimberly Belmonte City University of New York, New York, NY, USA
Sarah F. Brosnan Georgia State University, Atlanta, GA, USA
Mitchell J. Callan University of Essex, Colchester, UK
Susan Clayton The College of Wooster, Wooster, OH, USA
Ronald L. Cohen Bennington College, Bennington, VT, USA
David De Cremer University of Cambridge, Cambridge, UK
Faye J. Crosby University of California Santa Cruz, Santa Cruz, CA, USA
Dorothea Dette-Hagenmeyer Ludwigsburg University of Education,
Ludwigsburg, Germany
John H. Ellard University of Calgary, Alberta, AB, Canada
Irina Feygina New York University, New York, NY, USA
Ronald Fischer Victoria University Wellington, Wellington, New
Zealand
Aarhus Institute of Advanced Studies, Aarhus, Denmark
Mario Gollwitzer Philipps University Marburg, Marburg, Germany
Carolyn L. Hafer Brock University, Saint Catharines, Canada
Ella Ben Hagai University of California Santa Cruz, Santa Cruz, CA, USA
Annelie Harvey Anglia Ruskin University, Cambridge, UK
Karen A. Hegtvedt Department of Sociology, Emory University, Atlanta,
GA, USA

xxv
xxvi Contributors

Guillermina Jasso New York University, New York, NY, USA


Cathryn Johnson Emory University, Atlanta, GA, USA
John T. Jost New York University, New York, NY, USA
Elisabeth Kals Catholic University of Eichstaett, Eichstaett, Germany
James Konow Kiel University, Kiel, Germany
Loyola Marymount University, Los Angeles, CA, USA
Stefan Liebig Bielefeld University, Bielefeld, Germany
Jürgen Maes Bundeswehr University Munich, Neubiberg, Germany
Lukas H. Meyer University of Graz, Graz, Austria
Leo Montada University of Trier, Trier, Germany
Elizabeth Mullen San Jose State University, San Jose, CA, USA
Tyler G. Okimoto University of Queensland, Brisbane, QLD, Australia
Susan Opotow City University of New York, New York, NY, USA
Sara A. Price Georgia State University, Atlanta, GA, USA
Barbara Reichle Ludwigsburg University of Education, Ludwigsburg,
Germany
Nura Resh Hebrew University of Jerusalem, Jerusalem, Israel
Tobias Rothmund University of Koblenz-Landau, Landau, Germany
Clara Sabbagh University of Haifa, Haifa, Israel
Patrick Sachweh Goethe University Frankfurt, Frankfurt, Germany
Pranay Sanklecha University of Graz, Graz, Austria
Carsten Sauer Bielefeld University, Bielefeld, Germany
Manfred Schmitt University of Koblenz-Landau, Landau, Germany
Lars Schwettmann Martin Luther University Halle-Wittenberg,
Halle (Saale), Germany
Linda J. Skitka University of Illinois at Chicago, Chicago, IL, USA
Herman Steensma Leiden University, Leiden, The Netherlands
Robbie Sutton University of Kent, Canterbury, UK
Catherine F. Talbot Georgia State University, Atlanta, GA, USA
Kjell Y. Törnblom ETH Zurich, Zurich, Switzerland
Kees van den Bos Utrecht University, Utrecht, The Netherlands
Contributors xxvii

Marius van Dijke Erasmus University Rotterdam, Rotterdam, The Netherlands


Nottingham Trent University, Nottingham, UK
Jan-Willem van Prooijen VU University Amsterdam, Amsterdam,
The Netherlands
Riël Vermunt Leiden University, Leiden, The Netherlands
Lesley Watson ICF International, Fairfax, VA, USA
Michael Wenzel School of Psychology, Flinders University, Adelaide, SA,
Australia
Past, Present, and Future of Social
Justice Theory and Research 1
Clara Sabbagh and Manfred Schmitt

The notion of justice is salient both in social life framework exposes readers to high quality aca-
and in scholarly traditions throughout history. demic work that embodies past, current, and future
Since its inception in 1989, the International trends of justice research.
Society for Justice Research (ISJR) has provided a
platform for interdisciplinary justice scholars, who
are encouraged to present and exchange ideas (you 1.1 Background
are invited to visit http://www.isjr.org/). This
exchange has yielded a fruitful advance of theo- The origins of the old-time notion of justice in
retical and empirical justice research. Western civilization can be traced to the Judeo-
This handbook attempts to substantiate this aca- Christian biblical (religious) tradition, which
demic legacy and the research prospects of the stresses God’s bestowment of deserved good or
ISJR in the field of justice theory and research. It evil in one’s lifetime. Given the salience of this
includes a wide range of topics, such as the theory notion in social life, it is not surprising that it has
of the justice motive, mapping of the multifaceted been examined throughout scholarly history.
forms of justice (distributive, procedural), and jus- Seminal academic works can be found in classi-
tice in context-bound spheres (e.g., education). In cal Greek philosophy, including, for instance,
doing so, the handbook is meant both to present a Aristotle’s (1998) Nicomachean Ethics and
comprehensive “state of the art” in the field of jus- Plato’s (1993) Republic. These works became
tice research theory and to put forward an agenda pillars of later social sciences and philosophy,
for future interdisciplinary and international justice inspiring such scholars as Karl Marx, Thomas
research. It is worth noting that the authors repre- Hobbes, and John Stuart Mill to develop notions
sent ISJR’s leading senior and junior scholarship. about the social arrangements which are needed
The compilation of their research within a single to establish a just society.
The normative-philosophical study of justice
continues to flourish in contemporary society. In
this regard, we can mention some of the most
C. Sabbagh (*)
influential, though contentious scholars, such as
University of Haifa, Mount Carmel, Haifa 31905, Israel
e-mail: csabbagh@edu.haifa.ac.il Barry (1989), Miller (1976), Rawls (1971) and
Walzer (1983), whose works have appeared since
M. Schmitt
University of Koblenz-Landau, Landau, Germany the 1970s. Alongside, though not necessarily par-
e-mail: schmittm@uni-landau.de allel to it, the empirically oriented study of justice

© Springer Science+Business Media New York 2016 1


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_1
2 C. Sabbagh and M. Schmitt

began in the late 1950s to flourish across social areas cut across the body of available knowl-
science disciplines, including psychology, soci- edge in a way that enables us to address justice
ology, economics, and the political sciences. issues from different scientific disciplines.
Justice research has thus historically developed These disciplines include philosophy, sociol-
within a multidisciplinary framework. ogy, psychology, and economics (Part I); theo-
It is within this scholarly context that the ISJR retical models that consider justice as a
was founded in 1989 by Ronald Cohen (USA), fundamental human motive (Part II); facets that
Karen Cook (USA), Ronald Dillehay (USA), frame justice as a matter of distributions, proce-
Russell Hardin (USA), Melvin Lerner (Canada), dures, retribution, or restoration (Part III);
Gerold Mikula (Austria), Leo Montada (Germany, spheres of justice like politics, welfare, work,
founding president), Tom Tyler (USA), and Riël education, family, the environment and nonhu-
Vermunt (The Netherlands). The ideas and stud- man species (Part IV); and views from beyond
ies that these founders and their students have the domain of justice that examine the interplay
contributed over the decades serve as long-lasting between justice and related concepts, such as
and influential milestones of justice research. morality, legitimacy, and culture (Part V).
In its long scientific tradition, the ISJR has
striven for excellence in justice research and the
improvement of our understanding of just social 1.3 Part I: Disciplinary
structures. Its core mission is to develop an ever Perspectives in Justice
more comprehensive understanding of the Research
dynamics of justice behavior by crossing tradi-
tional disciplinary divides and fostering diversity Justice theory and research are guided by varied
in perspectives and methodological approaches. disciplinary perspectives. The most ancient disci-
ISJR justice conferences aim to be truly interdis- pline in this regard is philosophy. In Chap. 2,
ciplinary. Moreover, the ISJR stresses the need “The Philosophy of Justice,” Lukas Meyer and
for increased attention to the variety of justice Pranay Sanklecha provide an overview of justice
behaviors across societies, so as to help unveil research in contemporary political philosophy,
the universal and particular aspects of justice with an emphasis on John Rawls’ leading work.
behavior and to redress the structural and cultural Mainly elaborated in his (1971) seminal book, A
biases resulting from research limited to Western Theory of Justice, Rawls proposes a normative
university students as participants. Finally, the framework for creating a just structure of society
ISJR has pursued expansion of the range of jus- and its major institutions—political, economic,
tice research including, for instance, retributive legal, and social. These institutions play a central
justice and environmental justice. In order to role in regulating the distribution of goods and
assure the development of these and other new social burdens among contemporaries who are
areas of justice research, the founders of the ISJR members of a particular society and thus in deter-
have handed over their baton to a new generation mining their life chances. In their chapter, Meyer
of promising young scholars. and Pranay show the implications of this theory
in both analytical philosophy and the discussion
of current philosophical issues, such as global-
1.2 Structure and Content ization and intergenerational justice. In the case
of the Handbook of globalization, the scope of social justice is
extended in space, from contemporaries in a par-
Given the complexity of social justice issues ticular society to a global (or international) space.
and the interdisciplinary nature of justice theory In the case of intergenerational justice, the scope
and research, we decided to map the contribu- of justice is extended in time, as it poses the ques-
tions to this handbook into five parts, each rep- tion of “whether we should care about the wel-
resenting a different area of research. These fare of our successors, and what sacrifices we
1 Past, Present, and Future of Social Justice Theory and Research 3

ought to be prepared to make now in their inter- personality traits, and by the interaction between
ests” (Barry, 1991, p. 234). them. In the first part of the chapter, the authors
Against this background, Chaps. 3–5 present describe the cognitive and emotional processes
an overview of the empirically oriented justice that occur within individuals when confronted
theories and research that have characterized with injustice. They explain how these processes
various social science disciplines—namely, soci- differ between people, depending on personality
ology, psychology, and economics. In “Sociology traits such as social value orientation and the
of Justice” (Chap. 3), Stefan Liebig and Carsten moral self-concept. Subsequently, Gollwitzer
Sauer elaborate a theoretical schema for the sys- and van Prooijen review interpersonal justice
tematic review of an extensive body of sociologi- dynamics resulting from social interaction and
cal theory and research on distributive justice social comparison processes. These comparisons
(for a review of the development of a framework employ normative standards, such as equality as
of distributive justice theory, see Chap. 11). a principle of distributive justice or bias suppres-
While recognizing the importance of normative sion as a principle of procedural justice. The
approaches to the study of social justice, the authors argue that any violation of these stan-
authors clarify the distinct contributions of the dards evokes emotions such as anger or outrage
social sciences, particularly sociology, to the and motivates individuals to restore justice by
empirically oriented study of social justice. punishing perpetrators, compensating victims
Specifically, they stress the important role that and forgiving. The final section of the chapter is
justice plays in understanding collective (socio- devoted to intergroup dynamics, such as in-group
logical) phenomena. In this regard, the authors favoritism and hostility towards out-groups.
assume that justice can be conceptualized as a Using relative deprivation research as an exam-
social value that is socially determined, i.e., ple, the authors argue that group-based social
affected by social structures and processes, and comparisons can lead to outcomes that are fully
that justice itself is a social force affecting a wide independent of individual-level comparisons. In
range of social institutions (e.g., the economy, other words, people can feel they are treated
the polity) and processes. With these tenets in fairly as individuals even though they perceive
mind, Liebig and Sauer first elaborate a multi- their group as unfairly disadvantaged. This is an
level model that includes four sociological per- important conclusion, suggesting that a compre-
spectives on justice research—institutions and hensive explanation of justice-related psycho-
discourses on the societal (macro) level, and atti- logical processes requires the inclusion of
tudes and behavior on the individual (micro) intraindividual, interindividual, and intergroup
level—and then extensively review the key dynamics.
empirically oriented distributive justice research Chapter 5, by James Konow and Lars
deriving from these approaches. On the basis of Schwettmann, provides an overview of “The
this systematic analysis, the authors unveil new Economics of Justice,” depicting complex eco-
areas of research that should be developed. nomic notions in a systematic way that makes
In Chap. 4, Mario Gollwitzer and Jan-Willem them accessible to social scientists who are unac-
van Prooijen review important theories, methods, quainted with this discipline. The authors suggest
and findings contributed by the “Psychology of that, for most of the twentieth century, theoretical
Justice” to the social justice literature. Whereas and empirical economic research was dominated
sociology captures collective justice phenomena, by the rational self-interest axiom as a major
psychology addresses justice on the level of indi- driver of economic behavior. As a result, inquiry
viduals. Specifically, psychology is interested in of issues related to morality and justice were rel-
which kinds of situations, events and outcomes atively negligible within this discipline. Today,
of decisions are perceived as just or unjust, how however, as shown in this chapter, justice
individuals react to perceived injustice and how research from an economic perspective has
these reactions are shaped by the situation, by become predominant. Specifically, the authors
4 C. Sabbagh and M. Schmitt

review experimental and survey evidence and its then provide ample theoretical considerations
relation to justice theories that have been treated and empirical evidence from the social sciences
within descriptive (concerned with what “is”) that both challenge the universality of the self-
and prescriptive (concerned with what “ought to interest motive and put the justice motive at the
be”) economic approaches. The chapter discusses forefront as a universal driving force which, at
the interplay between equality, as a principle of times, supersedes self-interest. The second half
justice, and efficiency and self-interest, as salient of the chapter suggests that while the justice
economic concerns. In this regard, game theory motive is universal, particular perceptions of jus-
in general, and the ultimatum and dictator games tice across domains, such as the preference for
in particular, are often an important framework various distribution principles, are not univer-
for examining respondents’ distribution prefer- sally shared. In this regard, the authors elaborate
ences. Konow and Schwettmann then provide on the role of justice as a source of social conflict
empirical evidence to support the postulate that and a condition for peacemaking. In other words,
equity (or proportionality) and desert (or merit) in this sort of arena, while the justice motive is
principles of justice are not merely variants of universal, its concrete manifestation may be con-
equality, but rather represent distinct preferences tested and affected by specific social conditions.
for inequality. In the spirit of the justice multi- Chapter 7, “The Justice Motive: History,
principle approach, though focusing on economic Theory and Research,” by Mitchell Callan, John
issues, the authors suggest that respondents com- Ellard and Annelie Harvey, introduces Melvin
bine different types of justice and economic eval- Lerner’s influential justice motive theory and
uations and that these evaluations are affected by reviews research inspired by that theory. Lerner
the context in which they occur. suggested that people have a need to believe in a
just world and that the belief in a just world
(BJW) is a manifestation of the justice motive.
1.4 Part II: The Justice Motive He argued that people make sense of their experi-
ences by believing that everyone gets what they
Probably the most prominent program of justice deserve and deserves what they get. Believing
research that has been developed within the ISJR that good things happen to good people and bad
refers to the justice motive. This program, initi- things to bad people implies a sense of control. If
ated by Melvin Lerner in 1965, has striven to people believe in justice, they can trust to receive
characterize the type of motivation underlying positive outcomes in return for decent behavior
justice behavior. Scholars who have devoted and delayed gratifications in return for invest-
their thinking and research programs to the jus- ments. Believing in justice provides a basis for
tice motive assume that is both fundamental and personal contracts that warrant rewards for com-
unique. This implies that the justice motive can- pliance with social norms and expectations. The
not be reduced to self-interest, which has been a chapter provides an excellent presentation of
maxim of economic behavior. In Chap. 6, “Justice these assumptions and experimental findings
and Self-Interest,” Leo Montada and Jürgen supporting them. The authors also discuss in
Maes provide a wealth of important insights and detail the strategies that people employ to defend
ideas about self-interest, as well as the claim that their BJW when it is challenged—for instance,
justice is a major driving force of human behav- when coming across an innocent victim. A
ior that cannot be reduced to self-interest. The straightforward strategy in such a situation is to
authors first describe the self-interest motive, help. However, helping the victim is not always
which has been proposed in the framework of possible or may be too costly. In such cases,
rational choice theory as an universal motive observers can defend their BJW by taking a sec-
guiding human behavior, and how this motive is ond look at the event and reappraising it.
awakened under various conditions (e.g., making Specifically, they can make themselves believe
selfish decisions in social dilemma games). They that the harm was minor, that it was deserved, or
1 Past, Present, and Future of Social Justice Theory and Research 5

that the victim will be compensated eventually. ers have reported—namely, that it is not possible
The chapter reviews research in support of each to explain justice-related judgments, emotions,
of these equivalent strategies that serve the jus- and actions solely by situational and contextual
tice motive by protecting the BJW. factors. Rather, individuals differ greatly in their
Chapter 8, by Carolyn Hafer and Robbie reactions to identical incidents of injustice. It
Sutton, reviews research on the “Belief in a Just seems plausible to assume that these differences
World” as a personality construct. Based on stem from how easily individuals perceive injus-
Lerner’s assumption that the BJW is an expres- tice and how strongly they react to it, hence their
sion of the justice motive, several authors have justice sensitivity (JS). Despite the authors’ con-
proposed using individual differences in BJW jecture that JS includes a motivational compo-
strength as an indicator of individual differences nent, the construct differs from the BJW in at
in justice motive strength. Rubin and Peplau least one important way: JS differentiates
(1973), who developed the first BJW scale based between the roles a person can play in justice-
on this reasoning, found individual differences related incidents. Accordingly, it includes four
measured by their scale to be correlated with reac- facets: Victim Sensitivity (VS), Observer
tions to injustice as predicted by justice motive Sensitivity (OS), Beneficiary Sensitivity (BS),
theory. Hafer and Sutton describe the develop- and Perpetrator Sensitivity (PS). The chapter
ment of the Rubin and Peplau scale, criticism of reports the scales that have been developed for
this scale and attempts to improve it. These the assessment of these facets, the correlates that
attempts include suggestions to break down the have been identified, and the role the facets play
BJW as a general construct into more specific fac- in predicting emotional and behavioral reactions
ets, such as domain-specific BJW (e.g., sociopo- to injustice. Based on their review of available
litical, interpersonal, personal), BJW for self vs. research, the authors conclude that VS is motiva-
for people in general, and different ways of tionally more complex than the other facets.
believing in a just world (immanent, ultimate). Whereas observer-sensitive, beneficiary-
The authors then go on to describe correlates of sensitive, and perpetrator-sensitive individuals
the BJW, such as reactions to victims and benefi- seem to be motivated by a genuine justice
ciaries or ideological variables (political ideology, concern for others, victim-sensitive individuals
religiosity). Subsequently, they discuss studies seem to be guided primarily by self-related jus-
that addressed the adaptive function of the BJW tice concerns and a fear of being exploited.
as originally assumed by Lerner. Based on a Baumert and Schmitt conclude by arguing that
review of research findings, they suggest that the information processing, such as selective attention,
BJW is adaptive for the self, but may sometimes selective interpretation, and selective memory
be maladaptive for society. Although many stud- are involved in JS and translate its effects into
ies support the assumption that the BJW is an reactions to injustice.
indicator of the justice motive, a substantial num- In Chap. 10, Kees van den Bos and Michèlle
ber of studies challenge this assumption. Hafer Bal present “Social-Cognitive and Motivational
and Sutton conclude, in line with the authors of Processes Underlying the Justice Motive.” The
Chap. 6, that the BJW may not be an ideal indica- authors outline a two-phase model of justice and
tor of the justice motive, because the justice self-interest that includes automatic (experiential)
motive operates automatically, whereas BJW and controlled (rationalistic) routes to blaming
scales tap-controlled judgments that can be, and victims. They link these automatic and controlled
often are, independent of automatic evaluations. processes with the BJW, future orientation, cop-
Chapter 9, on “Justice Sensitivity” by Anna ing with uncertainty and self-regulation pro-
Baumert and Manfred Schmitt, presents a per- cesses. Specifically, van den Bos and Bal argue
sonality construct introduced into the justice lit- and demonstrate empirically that fast reactions
erature in 1995. The proposal of this construct to injustice occur automatically and reflect self-
reflects an observation that many justice research- interest. Controlled reasoning that takes into
6 C. Sabbagh and M. Schmitt

account moral norms and a genuine concern for The second facet, procedural justice, focuses
justice later corrects these selfish impulses. The on the justness of the procedures according to
authors’ self-regulation model of the justice which resource distribution takes place. That is,
motive assumes that the BJW helps people to the focus is on the “processes” rather than the
cope with uncertainty and to trust in delayed “outcomes” of resource distribution. In Chap. 12,
gratifications for investments. This trust is essen- Riël Vermunt and Herman Steensma present a
tial for making long-term plans in social rela- comprehensive mapping of existent theory and
tions, work, and economic decisions. empirically oriented research on “Procedural
Justice.” After reviewing early conceptualiza-
tions of the principles of procedural justice in the
1.5 Part III: Forms of Justice political and legal domains by scholars such as
John Thibaut, Laurens Walker, and John Rawls
Chaim Perelman’s (1967) metaphor of the prism- (in the 1970s), the authors describe the develop-
like concept of justice aptly reflects the contents ments of more contemporary psychological and
of Part III of the handbook, which encompasses sociological studies of these principles across
the conceptualization and empirical examination domains. They also specify when and how the
of the multifaceted forms that are evoked by the sense of procedural fairness is awakened. In this
notion of justice. As mentioned before, the study respect, the authors refer, for instance, to van den
of these forms of justice is rooted in the past. Bos and colleagues’ theory of Management of
However, their study within the ISJR is elabo- Uncertainty (see Chap. 10 in this handbook) and
rated and further developed within existent to the models of relational authority in groups
paradigms. which was developed by Tyler and Lind (1992).
The first facet, distributive justice, refers to the The chapter concludes with the description of an
perceived justness of the principles and rules that extensive body of research that has focused on
regulate resource distribution (e.g., effort, need) the consequences of procedural (in)justice, such as
and to evaluation of the actual outcomes of the dis- emotions, cognitions, and organizational outcomes
tribution in relation to expected outcomes. In (e.g., cooperation and commitment).
Chap. 11, “Distributive Justice,” Guillermina The third facet, retributive justice, refers to
Jasso, Kjell Törnblom, and Clara Sabbagh show expected negative outcomes related to resource
that distributive justice theory has developed in a distribution. In this case the valence of a resource
steady, cumulative fashion. Using Jasso’s theoreti- is framed by the observer as a “bad” (e.g., pun-
cal framework as a general umbrella under which ishment or imprisonment). Historically, justice
these developments are reviewed, authors refer to research has focused its attention on the distribu-
three interrelated topics that have guided justice tion of positive resources, assuming that the
research (Jasso, 1989): (a) the identification of understanding of that domain also applies to the
principles and their more specific rules that distribution of negative resources. However,
“ought” to regulate the distribution of societal research has suggested that justice pertaining to
resources (“goods” and “bads”) to individuals or positive and negative resources may involve dis-
groups; (b) assuming that people strive to get what tinct processes. In Chap. 13, “Retributive
they (think they) deserve, this topic delves into the Justice,” Michael Wenzel and Tyler Okimoto
magnitude of perceived injustice; (c) the psycho- provide a thought-provoking theoretically and
logical and social consequences of perceived empirically grounded discussion of the distinctive-
injustice. The chapter focuses on contributions to ness of the retributive justice facet. While recog-
the theory of distributive justice before and during nizing the importance of the study of this justice
the twentieth century and in more recent develop- facet across disciplines, they adopt a psychologi-
ments. Readers interested in reviews of more cal perspective with the aim of examining various
empirically oriented research of distributive jus- individual processes related to the general phenom-
tice, are invited to read Chaps. 3–5. enon of “punishment as a response to wrongdoing.”
1 Past, Present, and Future of Social Justice Theory and Research 7

The authors provide a multifaceted perspective Walzer proposes a radically pluralistic theory
that involves, for instance, a review of the evolu- whereby society may be divided into a number
tionary origins of punishment, the assertion of of distinct distribution spheres or “spheres of
punishment as a basic justice motive, showing justice,” such as work, education, and kinship.
how punishment addresses basic psychological Each of these spheres distributes different basic
needs and concerns, and the examination of indi- societal goods (e.g., money, knowledge, love)
viduals’ adoption of specific socially prevalent according to different distribution principles.
philosophies of punishment. Finally, the chapter Principles that correspond to one sphere of dis-
challenges the existing notion of retribution and tribution do not necessarily correspond to
punishment by considering other options of just another. Moreover, the establishment of a just
repair, such as forgiveness or “restorative jus- society requires that each sphere of distribution
tice,” which (as extensively discussed in the fol- have relative autonomy, activating principles
lowing chapter) focuses on repairing the harm unique to it and avoiding the “intrusion” of prin-
done by the transgression. ciples that apply to other spheres. In this under-
The fourth facet, restorative justice (or repara- standing, individuals and groups may hold
tive justice) also deals with negative outcomes, but different resources which allow them to occupy
rather than stressing formal procedures to redress different ranks in different spheres. Moreover,
justice, it focuses on informal processes whereby these distribution principles develop in the
the victims, offenders, and communities are encour- framework of common meanings and under-
aged to undertake steps (e.g., apologies, community standings of a particular society. Although all
service or return of stolen goods) to repair the harm. societies may have similar distribution spheres,
In Chap. 14, “Restorative Justice,” Ron Cohen each society assigns different cultural meanings
presents an in-depth overview of this facet of justice to the resources distributed within these spheres
and the psychological factors that affect participants and, therefore, also to the principles guiding
and members of the public who are involved in its resource allocation. As elaborated below, this
practices. The author suggests that restorative prac- handbook examines a variety of spheres of jus-
tices involve voluntary face-to-face interaction tice: politics, welfare, work, family, education,
among parties, which is often mediated by a third the environment, and nonhuman justice.
party. These mediated interactions aim at a shared Social justice serves as an important standard
understanding that serves as a platform for reaching for the evaluation of political ideologies, sys-
lasting conflict resolution. Moreover, restorative tems, and leaders. Political authorities have an
practices are structured by narratives of harm that obligation to establish, maintain, and defend
rely on memory and shared rituals meant to (re) social and economic structures that ensure jus-
establish a sense of justice. These structural charac- tice. Citizens demand a fair distribution of com-
teristics, in turn, are present across practices in mon goods, such as education and social services,
micro- (dyads), meso- (triads), and macro- (state) but they also expect a fair distribution of burdens,
levels of analysis. Finally, the chapter suggests that, such as taxes and community work. It comes as
in comparison to other facets of justice, “restor- no surprise, therefore, that justice is at the heart
ative practices might provide a deeper and more of political ideologies and serves as an imminent
systematic examination of the settings in which promise in political campaigns. Tobias
claims about injustice are contested.” Rothmund, Julia Becker, and John Jost begin
Chap. 15, “The Psychology of Social Justice in
Political Thought and Action,” with a description
1.6 Part IV: Spheres of Justice of the role that conceptions of justice play in
political ideology. They review research on the
The forms of justice described above have been links between political ideology, moral intu-
“contextualized” in terms of Michael Walzer’s itions, preferences for principles of distributive
(1983) classic Spheres of Justice. In this book, justice, the attribution of poverty, and attitudes
8 C. Sabbagh and M. Schmitt

towards rule breaking, such as tax fraud or crimi- is indeed guided by different distribution principles
nal behavior. They present System Justification in different types of welfare states. The liberal
Theory and the explanations it provides for con- state underscores the principle of need; the con-
servative political attitudes and the political sta- servative stresses the principle of merit; and the
tus quo. The next part of the chapter discusses social-democratic type highlights the principle of
procedural justice in the political arena, arguing equality. However, in practice, the different types
that those political authorities and institutions of welfare states are guided by a mixture of dis-
which adhere to procedural fairness principles tribution principles. Finally, Sachweh argues that
acquire political legitimacy, and this, in turn, pro- future research should give more scholarly atten-
motes civic engagement of the population. The tion to the study of social justice and welfare over
chapter concludes with empirical evidence sup- time and in non-Western contexts.
porting relative deprivation theory, which People do not only want to live in societies
assumes that collective injustice (fraternal depri- governed by fair administrations and fair institu-
vation) is a frequent source of political protest. tions that provide justice on the macro level; they
The authors suggest that protest in reaction to also expect fair treatment at work and fair pay.
relative deprivation can abate as a result of moti- It is worth noting in this respect that the first
vated cognition that justifies the social, political, and perhaps most important modern theory of
and economic status quo. Relative deprivation social justice, equity theory, was originally
can also promote social identity-managing strate- applied to the domain of work and only later gen-
gies aimed at preserving the positive distinctive- eralized to other spheres, such as romantic rela-
ness of one’s group. These strategies include tionships. Given the great importance of work in
changing the standard of comparison, group peoples’ lives and given that labor is often
membership (social mobility), or the reference embedded in organizational contexts, there is a
out-group with which the in-group is compared clear need for research indicating which organi-
(downward comparison). zational structures and processes ensure that
In Chap. 16, “Social Justice and the Welfare employees feel they are treated fairly. It is for this
State: Institutions, Outcomes and Attitudes in very reason that organizational justice has
Comparative Perspective,” Patrick Sachweh become a flourishing branch of social justice.
presents a comprehensive and systematic over- Marius von Dijke and David de Cremer provide
view of a large body of theoretical and empiri- an overview of this sphere in Chap. 17, “Justice
cally oriented (distributive) justice research that in the Work Setting.” The authors divide the large
has examined redistribution of resources across field of organizational justice into four sections:
welfare states according to different justice prin- the role of justice in personnel selection, justice
ciples. The overview focuses on three main per- and employee motivation, justice and leadership,
spectives. The first is institutional, applying the and the role of justice when employees leave the
typology of welfare states proposed by Esping- organization. Within each theme, they review
Andersen. This perspective specifies the distribu- research findings that convincingly demonstrate
tion principles that are emphasized in various the high importance of justice in work settings.
types of welfare states (liberal, conservative, and Employees who feel they are treated fairly are
social-democratic) and the extent to which these satisfied with their work and engage in organiza-
principles are implemented in welfare policies tional citizenship behavior. These consequences
and programs. The second perspective is socio- are beneficial for the organization and employees
structural, focusing on the “real-world out- alike. By contrast, unfair treatment undermines
comes” of institutional redistributions, such as the work satisfaction of employees and can even
the degree of poverty or security benefits. The promote counterproductive work behavior, such
third perspective is attitudinal, i.e., citizens’ dis- as damaging equipment or stealing products.
tribution preferences and the extent to which they In Chap. 18, Dorothea Dette-Hagenmeyer and
match institutional and structural perspectives. Barbara Reichle focus on the family as a sphere
The review indicates that resource redistribution of justice in which different types of resources
1 Past, Present, and Future of Social Justice Theory and Research 9

are being distributed. The authors give special and the justice principles that may guide their
attention to recent research that has examined distribution, also pointing to the problematic
justice issues pertaining to close relationships— application of the well-known principles of need
such as divorce and the division of child care and and equity. These distributions, as well as moti-
its consequences among partners. Moreover the vations for and ideologies regarding environ-
chapter reviews the most salient area of justice mental sustainability, may, in turn, determine
research in the family—namely, the division of whether a particular group is marginalized and
household work such as between partners refer- thus affected by environmental harm (e.g., air
ring to childcare, repairs, cooking, and so on. In pollution). The chapter then reviews empirically
spite of social change, the division of housework oriented research suggesting that environmental
continues to be gender-specific and unequal. justice is perceived differently by different
Authors review the different explanations for groups (e.g., political affiliation) and policies.
these reproduction trends and their consequences. Finally, the authors pinpoint various justice
Finally they refer other areas of justice in the perceptions, motives, and attitudes towards the
family which have been relatively neglected— environment that affect people’s behavior.
justice among same-sex couples, siblings, and Chapter 21, by Catherine Talbot, Sara Price
other intergenerational issues. and Sarah Brosnan, deals with an unique sphere
In Chap. 19, “Justice in Education,” Nura of justice, namely, “Inequity Responses in
Resh and Clara Sabbagh apply Walzer’s distinc- Nonhuman Animals.” The chapter is of utmost
tion of education as a specific justice sphere, dis- interest as it deals with a topic that has been rela-
cussing five educational subspheres in which tively neglected by the community of social sci-
resources (or sanctions) are distributed and their ence justice researchers. Adopting a comparative
fairness is evaluated by its main beneficiaries— perspective, the authors cover a large body of
the students. Specifically, they examine the sub- justice research in nonhumans (with a focus on
spheres of access to education (and resource primates), aimed at highlighting “the importance
allocation to realize access), allocation of learn- of the nonhuman literature for understanding the
ing places, allocation of teaching methods and evolution of fairness in humans.” This is achieved
pedagogy, grading, and teacher–student rela- by describing in depth the types of conditions in
tions. While issues related to equality (or inequal- which inequity responses are awakened. In this
ity) of educational opportunities (e.g., regard, it is worth noting that in nonhuman pri-
achievement gaps, racial inequality) in contem- mates, these responses are measured by behavior
porary societies have been salient in public and rather than motivations because, in contrast to
academic discourses, the explicit approach to humans, primates are unable to express inner
education as a distinct sphere of justice in itself motivations. The chapter also describes relation-
has received negligible scholarly attention. Only ships between inequity responses and other types
in recent decades has it become a new and grow- of behavior, such as prosociality, retribution, and
ing field of study. Following Jasso’s definition of delay of gratification. The authors conclude that
the central questions that guide investigation in humans and nonhumans share some traits and
the justice domain, Resh and Sabbagh discuss behavior in their responses to inequity, but are
how these educational subspheres are structured also unique in their responses.
to deal with the “just,” the “actual” and the “con-
sequences” of injustice in their distribution.
Chapter 20, by Susan Clayton, Elisabeth Kals, 1.7 Part V: Beyond Justice
and Irina Feygina, presents a comprehensive and
systematic review of “Justice and Environmental Finally, in order to develop a deeper theoretical
Sustainability,” focusing on the environment as a understanding of the notion of justice, this hand-
sphere of justice and a distinctive domain of jus- book stresses the importance of examining the
tice research. The authors specify the resources interplay of justice with related notions, such as
being distributed in the environmental sphere morality, legitimacy, and social resources.
10 C. Sabbagh and M. Schmitt

Further, given that existent justice research is victims and observers of persecution redress
biased by focusing on Western countries, this injustice. Opotow and Belmonte illustrate the
final part of the handbook stresses that more value of archives as a source of data for social
attention needs to be paid to the notion of justice justice research with five examples. The studies
in the non-Western world (See Chap. 25). they report deal with domestic work under apart-
Chapter 22, written by Linda Skitka, heid in South Africa; educational injustice and
Christopher Bauman, and Elizabeth Mullen deals queer militancy; land claims based on ancestral
with the interplay of “Morality and Justice.” The rights; the Black Panther Party’s community
chapter taps major issues related to this theme, activism; and political posters designed by social
particularly the convergence and divergence movements. The authors conclude that archive-
between the notions of morality and justice across based justice research can help identify historical
varied psychological and social–psychological changes in norms, contribute to redressing preju-
theories over time (e.g., justice research, scope of dice and preserve collective memories of injus-
justice, the functional pluralism model of justice, tice. They also point to the challenges of working
moral foundations theory, and the moral motives with archival data, such as the biases of the col-
model). For instance, in the early theories of lectors of documents, which may represent one
moral development (e.g., Piaget and Kohlberg), side of a conflict and not tell the whole story.
justice was considered an integral, nondistin- Reflecting on justice from comparative points
guishable part of morality. Only later, as shown of view facilitates identification of the scope of
by the authors, did justice become a research justice, its potentially different meanings and its
domain in its own right, though connected to function as principles in peoples’ lives. In Chap.
morality. In addition to presenting the dialectics 25, “Justice and Culture” by Ronald Fischer, cul-
between morality and justice research, the chapter tures provide the basis for these comparisons.
provides a critique of this body of research, dis- The author argues that justice concerns are univer-
cusses its relative advantages, and limitations, sal and reflect a general strategy of social conflict
and suggests that an exchange between the para- resolution that has evolved due to its adaptivity.
digms may be mutually efficient. Although justice is a universal concern, cultures
Chapter 23, on the “Social Dynamics of differ in how, when, and why justice becomes an
Legitimacy and Justice” by Karen Hegtvedt, issue that needs to be resolved. Emphasizing
Cathryn Johnson, and Lesley Watson, focuses on the organizational sphere, Fischer reviews avail-
the complex interplay of legitimacy and justice, able research on cross-cultural differences in dis-
comprehensively reviewing a large body of theo- tributive justice (rules, criteria, and practices),
retical and empirically oriented research. After procedural justice (rules, criteria, and practices),
providing a multidisciplinary look at the notion of interpersonal justice, values that modify justice
legitimacy, the chapter reviews research on the perceptions, and reactions to perceived injus-
varied effects of distributive, procedural, and tice. His review of findings reveals substantial
interactional justice on legitimacy, and vice versa. cross-cultural differences whose sociological,
Analyzing familiar research through a novel lens, psychological, and economic origins are still
the authors suggest that these effects are related to largely unknown.
such issues as power relations, social change, and Finally, Chap. 26, Between Relative
social comparisons. By looking at existing Deprivation and Entitlement: An Historical
research in a new way, the chapter identifies Analysis of the Battle for Same-Sex Marriage in
important areas for future justice research. the United States, by Ella Ben Hagai and Faye
In Chap. 24, “Archives and Social Justice Crosby, focuses on laws and norms with respect
Research,” Susan Opotow and Kimberly to same-sex families in the United States.
Belmonte demonstrate that archives can be a Specifically, it presents a vivid analysis of histori-
valuable source of knowledge about injustice cal processes that culminated in the (legal) insti-
resulting from abuse of power, arguing that tutionalization of same-sex marriage in this
archives contain detailed documentation of how country. During the 1950s and 1960s, same-sex
1 Past, Present, and Future of Social Justice Theory and Research 11

desire was understood by mainstream American nomological networks and across cultures over
society to be deviant. This epoch, described by time. With this background in mind, we now
the authors as “extreme repression,” was also invite you to read and enjoy the full and fine con-
relatively affluent and led many marginalized tributions of justice scholars in the International
groups to claim equal rights. A sense of entitle- Society of Justice Research.
ment and deservedness became more evident
among gays and lesbians in the 1970s, but it was
not until the first decade of the twenty-first cen- References
tury that they achieved formal legal recognition
and equal rights as same-sex married couples. Aristotle. (1998). Nicomachean ethics (D. P. Chase,
Trans.). Mineola, NY: Dover.
The chapter makes use of analytical justice
Barry, B. (1989). Theories of justice (Vol. I). London,
notions, such as entitlement and deservedness, England: Harvester Wheatsheaf.
relative deprivation, and scope of justice in under- Barry, B. (1991). Liberty and justice. Oxford, England:
standing how gay and lesbian couples were legiti- Clarendon.
Jasso, G. (1989). The theory of the distributive-justice
mately recognized and bestowed the right to have
force in human affairs: Analyzing the three central
a family. questions. In J. Berger, M. Zelditch Jr., &
In sum, this introduction and the short presen- B. Anderson (Eds.), Sociological theories in prog-
tation of Handbook’s Chapters is meant to stimu- ress: New formulations (pp. 354–387). Newbury
Park, CA: Sage.
late the inquisitiveness of potential readers
Miller, D. (1976). Social justice. London, England:
interested in social justice research and guide Oxford University Press.
others in delving into the Handbook’s contents. Perelman, C. (1967). Justice. New York, NY: Random
Chapters’ delineation reveals once again, the House.
Plato. (1993). Republic (R. Waterfiled, Trans.). Oxford,
centrality of justice in both human and nonhu-
England: Oxford University Press.
man behavior. Moreover, it aptly reflects Chaim Rawls, J. (1971). A theory of justice. Cambridge, MA:
Perelman’s metaphor of the prism-like concept Harvard University Press.
of justice: (a) justice is examined using differ- Rubin, Z., & Peplau, L. A. (1973). Belief in a just world
and reactions to another’s lot: A study of participants
ent disciplinary lens such as—philosophy, soci-
in the national draft lottery. Journal of Social Issues,
ology, psychology, and economics; (b) the notion 29, 73–93.
of justice is multifaceted—including distributive, Tyler, T. R., & Lind, E. A. (1992). A relational model of
procedural, retributive justice, and restorative authority in groups. In M. P. Zanna (Ed.), Advances in
experimental social psychology (Vol. 25, pp. 115–
justice; (c) justice is elicited in multiple societal
192). San Diego, CA: Academic.
spheres of distribution such as—politics, welfare, Walzer, M. (1983). Spheres of justice: A defense of plural-
work, family, justice environment, nonhumans; (d) ism and equality. New York, NY: Basic Books.
justice meanings should be examined within
Part I
Disciplinary Approaches
Philosophy of Justice: Extending
Liberal Justice in Space and Time 2
Lukas H. Meyer and Pranay Sanklecha

Our essay consequently has the following


2.1 Introduction structure. We begin (Sect. 2.2) with a brief sketch
of the broad outlines of Rawls’s theory of justice,
In this chapter, we introduce and sketch themes concentrating on the elements that have proven to
in the contemporary political philosophy of jus- be the most influential in the field. We then focus
tice. We focus on Rawlsian political philosophy on one particular feature of his theory (Sect. 2.3),
for two reasons. First, Rawls’s work is the most namely the claim that “the primary subject of the
important contribution to contemporary political principles of social justice is the basic structure
philosophy of justice, and must therefore be of society, the arrangement of major social insti-
given a prominent place in any account of the tutions into one scheme of cooperation” (Rawls,
state of the discipline. Second, while the field has 1999a, p. 47). This is then the basis for the next
developed well beyond Rawls’s contributions,1 two parts of our essay, in which we discuss the
we believe that understanding Rawls is the key to developments mentioned above, namely the
understanding the subsequent developments. We debates on international (Sect. 2.4) and intergen-
begin, therefore, with an extended discussion of erational justice (Sect. 2.5).
Rawls’s theory. We will then sketch two major
developments and current debates in contempo-
rary political philosophy. This sketch has a dual 2.2 A Brief Sketch of Rawls’s
function. It is valuable in itself, for anyone wish- Theory of Justice
ing to become acquainted with what is going on
in contemporary political philosophy, and it is Rawls understands society as a fair cooperative
also valuable, we hope, in providing examples of venture between free and equal persons in which
how one can use Rawls’s work to understand individuals pursue their conceptions of the good
current debates. life. Rawls’s aim is to provide principles of social
justice, i.e., principles that govern how a society
as a whole should be organized and maintained.
1
We describe some of these developments later in this He provides these principles for the ideal case of
essay.

L.H. Meyer (*) • P. Sanklecha


University of Graz, Graz, Austria
e-mail: lukas.meyer@uni-graz.at; pranay.sanklecha@
uni-graz.at

© Springer Science+Business Media New York 2016 15


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_2
16 L.H. Meyer and P. Sanklecha

a “well-ordered” society, where the society in all people ought to be treated equally and that
question is faced with “realistic, though reason- compatriots take priority in the allocation of
ably favorable, conditions” (Rawls, 2001, p. 13) medical services at state hospitals). What goes
and there is strict compliance with the principles into the philosophical process of examination
of justice. Rawls is engaging in “ideal theory,” ought to present those seeking reflective equilib-
rather than, for example, examining how social rium “with all possible descriptions to which one
institutions should be organized in societies which might plausibly conform one’s judgements
face severe scarcity of resources. Another restric- together with all relevant arguments for them”
tion is that these principles of justice are meant to (Rawls, 1971, p. 49). For Rawls, these arguments
apply within societies; they do not hold for the may be informed not only by the leading tradi-
global order of states.2 Furthermore, Rawls tional moral theories (such as utilitarianism, per-
restricts his argument to liberal democratic societ- fectionism, and contractarianism), but also by,
ies: he argues for principles that must be followed e.g., considerations of psychological theories,
in order for a liberal democracy to be just. political science, and theories of epistemology.
Rawls (1980) regards the task of justifying a The conception of justice which is eventually
conception of justice as primarily the “practical accepted is not necessarily the one which accounts
social task” of “articula[ting] a … conception of for the considered moral judgements with which
justice that all can live with who regard their per- those seeking reflective equilibrium begin. Rather,
son and their relation to society in a certain way” the conception which accords with all relevant
(p. 519). For Rawls “justification is argument considerations and moral principles matching con-
addressed to those who disagree with us, or to sidered moral judgements duly revised in reflec-
ourselves when we are of two minds … Being tive equilibrium is affirmed. Eventually, by the
designed to reconcile by reason, justification pro- process of adjustment of all parts, we can reach an
ceeds from what all parties to the discussion hold understanding which we can accept as a whole,
in common” (Rawls, 1971, p. 580). When we are i.e., a conception in reflective equilibrium. Rawls
of two minds we are not in “reflective equilib- claims this is the theory it is reasonable to adopt:
rium.” To be in reflective equilibrium means to “Justification rests upon the entire conception and
have reached the status of personally or interper- how it fits in with and organizes our considered
sonally being able to agree with a theory after a moral judgements in reflective equilibrium … [J]
process of self-examination in which one took ustification is a matter of the mutual support of
account of all possibly relevant considerations.3 many considerations, of everything fitting into one
These considerations include considered coherent view” (Rawls, 1971, p. 579).
moral judgements “at all levels of generality” A theory of justice is justified relative to the
(Rawls, 1971, p. 8). We have reason to consider person(s) involved in the process of reflective
these judgements reliable since they were formed equilibrium. In his post-A Theory of Justice writ-
under conditions which render them likely to be ings Rawls can be understood to have responded
correct (Rawls, 1951, pp. 181–183). People often to, among other things, his so-called communitar-
disagree about these judgements and for Rawls, ian critics (see Mulhall & Swift, 1996). Now he
the deep disagreement of people in liberal societ- interprets his coherentist conception of justifica-
ies concerns the proper relation of liberty and tion and reflective equilibrium in a pragmatic way
equality (see Rawls, 1993, p. 227) and individu- that relativizes the conception of justification, and
als often hold an apparently inconsistent set of its tasks and methods, to a sociohistorical context.
such judgements (e.g., when they hold both that Ethical inquiry should be directed toward the
resolution of value-conflicts as they can be found
2
Rawls himself uses the term “peoples” and peoples are in particular sociohistorical traditions. The test of
not the same as states. a conception of justice is its success at resolving
3
For a helpful discussion of Rawls’s method of reflective value disagreement among concerned parties.
equilibrium see Daniels (1979), Scanlon (2002). For a The considered moral judgements can be interpreted
critical assessment see, e.g., Raz (1982).
2 Philosophy of Justice: Extending Liberal Justice in Space and Time 17

as settled convictions of a sociohistorical tradi- p. 54). In order to work out what these principles
tion, held by people who belong to that specific are, Rawls employs the famous device of the
culture. In order to overcome the deep disagree- original position. The idea behind the original
ment on the proper relation of liberty and equality, position is both powerful and simple. Rawls is
we have to organize our convictions “by means of trying to work out principles that govern how
a more fundamental intuitive idea within the com- people ought to live together in a society. One
plex structure of which the other familiar intuitive way of doing this is to ask: what principles would
ideas are then systematically connected and people agree to live under? In the real world, the
related” (Rawls, 1985, p. 229). In Rawls’s con- agreement would be affected by factors such as
ception of justice as fairness, this “more funda- the power relations between individuals and their
mental idea” is that of a society as a system of fair knowledge of their prudential interests. These
cooperation between free and equal persons. seem intuitively to be factors which should not be
The task is then to come up with principles of relevant to determining principles of justice.
justice which systematize the intuitive idea and Therefore, Rawls places the parties in the origi-
our moral convictions by appealing to “the deeper nal position behind the “veil of ignorance,” which
bases of agreement embedded in the public polit- means that they do not have knowledge of “the
ical culture of a constitutional regime and accept- particular features and circumstances of persons”
able to its most firmly held convictions” (Rawls, (Rawls, 2001, p. 16), including their own.
1985, p. 229). These principles apply to a partic- Consequently, the eventual agreement is not
ular set of social institutions within a society, tainted by power relations or naked self-interest.
namely the “basic structure,” which comprises The idea of the original position, with the parties
the most important social institutions, such as the being behind a veil of ignorance, also expresses
economy, the legal system, etc. 4 In Rawls’s view, the liberal ideal of persons as free and equal. It
social justice requires that the basic structure be expresses the ideal of persons being equal
organized and run according to the principles of because all members of society are equal parties
justice; but once that structure is in place, it does in the original position, “by the fact that these
not require that individuals act according to those representatives are symmetrically situated in that
principles in their daily lives. position and have equal rights in its procedure for
The function of principles of justice is to reaching an agreement” (Rawls, 2001, p. 20). It
“assign … basic rights and duties and … expresses the ideal of persons being free in a
determin[e] … the proper distribution of the ben- number of ways. For instance, parties know that
efits and burdens of social cooperation” (Rawls, each representative in the original position is free
1999a, p. 5). For Rawls, the relevant goods to be in the sense of having the power to form their
distributed are “primary goods,” which he defines own conception of the good (they do not know
as “things that every rational man is presumed to the particular fact of which conception of the
want. These goods normally have a use whatever good they hold). This knowledge affects the prin-
a person’s rational plan of life”5 (Rawls, 1999a, ciples of justice that will be agreed on in the orig-
inal position, because these principles will have
to honor and promote that freedom of each indi-
4
See the next section for extensive discussion of this idea. vidual person (to the extent it is compatible with
5
One of the central issues in the debate has been to work out the freedom of all others).
what the relevant goods are for principles of distributive jus-
The original position is a “device” of represent-
tice. This is the so-called “equality-of-what” question (Sen,
1980). Some of the important candidates that have been pro- ing central considerations that are relevant for
posed as the currency of distributive justice are equality of justice. It is not meant to be an account of
opportunity (for resources, or welfare, or both, with the lat- either an actual or hypothetical agreement. It
ter construed as equality of access to advantage), equality of
aims to model, first, “fair conditions under
resources directly, capabilities and basic needs. See also
Braybrooke (1987), Cohen (1989), Dworkin (1981), which the representatives of citizens, viewed
Nussbaum (1992), Nussbaum (2000), Sen (1992). solely as free and equal persons, are to agree
18 L.H. Meyer and P. Sanklecha

to the fair terms of cooperation whereby the arises through social cooperation. Thus the politi-
basic structure is to be regulated” (Rawls, cal constitution, the legally recognized forms of
2001, p. 17), and, second, “acceptable restric- property, and the organization of economy, and
tions on the reasons on the basis of which the the nature of the family, all belong to the basic
parties, situated in fair conditions, may prop- structure” (Rawls, 1993, p. 258; see also Rawls,
erly put forward certain principles of political 1971, p. 23; Rawls, 2001, p. 10).
justice and reject others” (Rawls, 2001, p. 17). The basic structure is identified in this way
because Rawls wants to demarcate a particular
We can now state Rawls’s principles of justice: subject for his principles of justice, namely “the
(a) “Each person has the same indefeasible claim domain of the political” (see e.g., Rawls, 1993,
to a fully adequate scheme of equal basic lib- pp. 11–12). The political domain for Rawls is
erties, which scheme is compatible with the distinguished by two features above all. First,
same scheme of liberties for all; and
(b) “Social and economic inequalities are to sat- membership of it is involuntary. Entering it is
isfy two conditions: first, they are to be clearly involuntary, because it is caused by an
attached to offices and positions open to all accident of birth. Further, for Rawls’s purposes,
under conditions of fair equality of opportu- which have to do with formulating principles of
nity; and second, they are to be to the greatest
benefit of the least-advantaged members of justice for a closed society, exit is also involun-
society (the difference principle)” (Rawls, tary.6 The second distinguishing feature of the
2001, pp. 42–43). political is that “political power is always coer-
cive power backed by the government’s use of
We now turn to more detailed discussion and sanctions, for government alone has the authority
focus first on the claim that “the primary subject to use force in upholding its laws” (Rawls, 1993,
of the principles of social justice is the basic p. 136). Consequently, for Rawls, “the political is
structure of society, the arrangement of major distinct from the associational, which is volun-
social institutions into one scheme of coopera- tary in ways that the political is not; it is also dis-
tion” (Rawls, 1999a, p. 47). tinct from the personal and the familial, which
are affectional again in ways the political is not”
(Rawls, 1993, p. 137). Having identified this
2.3 Justice and the Basic domain of the political, Rawls’s aim is to provide
Structure “a moral conception worked out for a specific
kind of subject, namely for political, social, and
According to Rawls (1971) “justice is the first economic institutions” (Rawls, 1993, p. 11). This
virtue of social institutions, as truth is of systems moral conception is the political conception of
of thought” (p. 3). His theory of justice is largely justice, and the aim of such a conception is to
concerned with a subset of these social institu- answer the fundamental question of “what is the
tions, namely the institutions of the so-called most appropriate conception of justice for speci-
basic structure of society (Rawls, 1971). Rawls fying the fair terms of cooperation between citi-
(1993) claims that the basic structure of society is zens regarded as free and equal, and as fully
“the first subject of justice” (p. 257) and the
development of a conception of justice for this 6
Rawls does not ignore the importance of immigration
subject has “a certain regulative primacy with (see Rawls, 1993, p. 136, fn. 4). But he considers that it is
appropriate to “abstract from it to get an uncluttered view
respect to the principles and standards appropri-
of the fundamental question of political philosophy”
ate for other cases” (pp. 257–258). Rawls pro- (Rawls, 1993), namely what principles of justice should
vides the following preliminary definition of the govern a society that “is to be conceived as a fair system
basic structure: it is “the way in which the major of cooperation over time between generations” (Rawls,
1993, p. 18). The question of immigration is to be dealt
social institutions fit together into one system,
with a later stage, when “discussing the appropriate rela-
and how they assign fundamental rights and tions between peoples, or the law of peoples” (Rawls,
duties and shape the division of advantages that 1993, p. 136, fn. 4).
2 Philosophy of Justice: Extending Liberal Justice in Space and Time 19

cooperating members of society over a complete (see e.g., Heath, 2005); third, the institutions of
life, from one generation to the next” (Rawls, the basic structure have the coercive nature of
1993, p. 3). political power (and are consequently in a special
We can say that by his description of the basic way in need of justification) (see e.g., Blake,
structure, and his interpretation of its normative 2002; Nagel, 2005).
significance, Rawls dignifies the political. The While commentators have often understood
political space is where the fundamental issue the three features as mutually exclusive criteria
arises of how individuals, each holding their own for identification of the basic structure we sug-
particular conceptions of the good (which may gest they ought to be understood as being joint
and often will conflict), can nonetheless agree on criteria. The basic structure is an institutional
the principles that should coercively govern their expression of a complex ideal of justice,8 which
association as a society, and in a way which is realized by those persons who engage in fair
respects each as free and equal. Further, this cooperation according to principles of social jus-
domain is not just where the issue arises—it is tice. They thereby autonomously choose their
also where it must be settled. lives under conditions of pluralism of concep-
This separation of the political domain from tions of the good life. The basic structure renders
comprehensive conceptions of the good identifies these morally important choices and relation-
the subject of justice. The principles of justice ships possible, because the options that are avail-
apply directly to the political domain, and not, for able to members of the society are essentially
example, to associational or affectional rela- determined by the institutions of the basic struc-
tions.7 The demanding principles of distributive ture. When the basic structure is just, the result-
justice identified by Rawls (the well-known prin- ing procedural background justice ensures that
ciples of equal rights to basic liberties, equality the decisions and actions of individuals in pursuit
of opportunity, and the distribution of basic goods of their projects do not undermine the possibility
to the maximum advantage of the worst-off) of cooperation as free and equal persons.
apply to the set of institutions that constitute the
basic structure. Additionally, the principles hold
specific rules for transactions between the indi- 2.3.2 The Constitutive
viduals who are members of a society formed by and Instrumental Significance
the basic structure. of the Basic Structure
for the Validity and Realization
of Rawls’s Ideal Principles
2.3.1 What Is the Basic Structure?
What is the relation, if any, between the idea that
Three features have often been understood as the basic structure is the first subject of justice
providing criteria for identifying what belongs to and the scope as well as validity of the principles
the basic structure. First, pervasive influence on of distributive justice?
the life prospects of people who live under those
institutions constituting the basic structure (see
e.g., Cohen, 1997; Hodgson, 2012); second, it is
8
the institutions of the basic structure which create Rawls justifies the idea of the basic structure as the first
subject of justice coherently in terms of his method of the
the basic conditions of stable social cooperation
reflective equilibrium (see e.g., Rawls, 1993; fn. 8, and
see Sect. 2.1, above): The main ideas justify each other;
7
This issue was famously the site of one of the important the justification of the idea of the basic structure is based
feminist objections to Rawls’s theory, which argued that on identifying a systematic connection with the other
the family, despite being what Rawls would call an affec- main ideas. Thus many of the considerations that Rawls
tional association, is an institution that does belong to the presents in favor of the idea of the basic structure are con-
basic structure and is subject to the principles of justice nected with the other main ideas of his conception of jus-
(see Kittay, 1999; Okin, 1989). tice as fairness.
20 L.H. Meyer and P. Sanklecha

For Rawls, the basic structure, first, is constitu- develop a conception of the good and live by it,
tive of the validity of his demanding principles of who treat others as free and equal and cooperate
distributive justice, and a just basic structure (i.e., a with them according to comprehensible rational
society structured by Rawlsian principles of jus- principles and rules, requires a specific social
tice) is, secondly, instrumentally important because order, i.e., a basic structure regulated in accor-
through it Rawlsian social justice is fully realized. dance with these principles and rules. The institu-
Rawls justifies the constitutive importance of tions that make up the basic structure thus rightly
the basic structure with two considerations: first, have a fundamental impact on the capabilities,
principles of justice or other moral standards can talents, expectations, and interests of the mem-
only claim validity for certain social subjects; the bers of society, on their options and opportunities
validity of Rawls’s principles can be justified for in life. Only because these institutions have that
the basic structure. Rawls argues for an irreduc- influence, citizens can realize the ideal of exercis-
ible plurality of principles which owe their exis- ing their essential moral abilities of autono-
tence to differences in the structure and the social mously pursuing their conception of the good
role of institutions (Rawls, 1993, p. 262). Rawls while simultaneously respecting others as being
proposes to methodically develop this pluralism free and equal in their exercise of the same
of first principles in a way that the principles are abilities.
sequentially ordered, so that the factual intercon- Second, a just basic structure (i.e., a society
nectedness of the subjects or spheres is consid- structured by Rawlsian principles of justice) is
ered. The methodological primacy of the basic instrumentally important in the sense of being the
structure means that Rawls suggests to initially condition of the complete realization of Rawlsian
clarify the principles of justice for the designing social justice. The basic structure maintains the
and regulating of the basic institutions of a soci- background justice of society as a whole. Stable
ety. Later, principles of justice and moral stan- just circumstances are possible if the system of the
dards for other subjects are to be justified, basic institutions, whose rules are determined by
especially for issues of individual behavior under the Rawlsian principles of justice, is accompanied
non-ideal conditions, for the regulation of inter- by well-recognized rules for the cooperation
national and transnational relations as well as between members of the society who pursue their
intergenerational relationships and of private respective conception of the good life autono-
associations or non-basic institutions (Rawls, mously and in doing so often form a private asso-
1993, pp. 259–262; Rawls, 2001, pp. 11–12). ciation (Rawls, 1993, p. 300f; see also Rawls,
Rawls justifies the constitutive importance of the 2001, p. 10). The individuals and associations are
basic structure, secondly, with the already men- free to make their transactions only when “else-
tioned first main argument in favor of the basic where in the social system the necessary correc-
structure as the first subject of justice: The basic tions to preserve background justice are being
structure is a particularly important subject of made” (Rawls, 1993, p. 269). Only these two sets
justice because of its pervasive effects on the life of rules together, i.e., the rules for the basic institu-
chances of individuals. To be sure, it is not the tions of society and the rules which individuals
empirical claim of the influence of the basic and associations have to follow (nongovernmen-
structure of society on the life chances of people tal/non-basic institutions) in their transactions, can
that Rawls uses regardless of other consider- secure the conditions of fair cooperation between
ations as an argument in favor of the idea of the free and equal citizens. Persons should be free in
basic structure as the first subject of justice (but the development and implementation of their
see Cohen, 1997). Rather, Rawls argues for the respective life plans according to their conception
characterization of the basic structure as the first of the good life. The reasonable pluralism of such
subject of justice because justice as fairness conceptions that Rawls assumes is incompatible
requires a specific institutional form. The ideal of with the moral claims of, for example, a classical
persons with a sense of justice and the ability to utilitarian position (see e.g., Rawls, 1993, pp.
2 Philosophy of Justice: Extending Liberal Justice in Space and Time 21

xviii–xix.; Rawls, 1999b, p. 15). Nonetheless, for the applicability of justice considerations, nor
individuals in the pursuit of their projects, in their that the basic structure has only instrumental
numerous transactions, their cooperations in partly value for the realization of justice. Rather, the
nongovernmental associations and in their contri- basic structure is constitutive for the validity of
butions to non-basic institutions of society, have to certain duties of justice, and according to Rawls,
follow the rules of a society regulated according to apparently also for the duties defined by the
principles of justice. Then they behave in a fair Rawlsian principles. Furthermore, there can be
way and preserve just conditions (Rawls, 1993, other duties, whether they are called duties of jus-
p. 284). If the citizens comply with conviction to tice or basic moral duties, which require individ-
the rules and it is publicly known that the justice of uals to render such just circumstances possible
the society is maintained in this way, the society and to establish a basic structure and contribute
can be considered well-ordered (Rawls, 1993, to its fair adjustment. In addition to the rules for
pp. 201–202; see also Rawls, 2001, p. 8) and individuals and institutions, Rawls distinguishes
remains just, even if citizens violate the rules once other principles of justice and basic moral obliga-
in a while (Rawls, 1999b, p. 15). tions, in particular for non-ideal conditions (see
e.g., Rawls, 1971, pp. 7–8 and §§ 18–19; diagram
Rawls, 1971, p. 94). Most importantly, this
2.3.3 The Idea of the Basic includes the “natural duty of justice” (Rawls,
Structure, the Scope of Rawls’s 1971, p. 99) which ascribes to individuals the
Principles of Justice duty to contribute to the establishment and pres-
and Pluralism of First ervation of a just society. For Rawls, there are
Principles other principles of justice for international rela-
tions and “local justice” (Rawls, 2001, p. 11). As
What, if anything, follows for the scope of Rawls emphasizes in Political Liberalism: The
Rawlsian obligations of justice from the idea of principles of his conception of justice “are plainly
the basic structure as the first subject of justice? not suitable for a general theory” (Rawls, 1993,
(cf. Abizadeh, 2007). p. 261), neither for a general theory of morality
The claim that the basic structure is the pri- (Rawls, 1993, p. 261, fn. 5) nor of justice (Rawls,
mary subject of justice is, first, understood in 1993, p. 272, fn. 10), but only for the idealized
such a way that the basic structure is instrumen- case of the “relations among those who are full
tally important for the realization of justice. In and active participants in society, and directly or
his Lectures on the History of Political indirectly associated together over the course of a
Philosophy, Rawls supports this interpretation by whole life” (Rawls, 1993, p. 272, fn. 10).
distinguishing the following questions for the Considered together, the first and second inter-
discussion of any conception of justice: First, the pretations limit the scope of application of the
question about the reasonable or true principles Rawlsian principles of distributive justice to
and their justification, and second, the question: objects that can optimally be regulated by a basic
“What workable and practicable political and structure; because only with regard to such objects
social institutions most effectively realize these must people fulfil the natural duty of justice to
principles and keep society stable over time?” regulate it in a just way. According to Rawls, this
(Rawls, 2007, p. 215). His answer to this ques- is not the case for our relations with incurable,
tion is, as already shown: the basic institutions of severely mentally disabled people or with ani-
the basic structure of society; the principles of mals. It is his view that other principles of justice
justice can only be realized optimally by means or other moral standards may apply here (Rawls,
of a basic structure. According to the second 1971, p. 15). However, the fulfilment of the claims
interpretation, the basic structure is a constitutive of justice defined by the principles for the basic
element of an ideal of justice. We assume neither structure is not necessarily morally more impor-
that the existence of a basic structure is required tant than the fulfilment of other principles of
22 L.H. Meyer and P. Sanklecha

justice or moral standards for other subjects (see much political upheaval in that country, such as
also Freeman, 2014, pp. 89–90). The method- the war in Vietnam and the growth of the civil
ological priority of the basic structure as a subject rights movement. Unlike some other branches of
of justice is compatible with the possibility that, philosophy, political philosophy has always been
after taking into account the moral requirements directly engaged with the social world and has
of other subjects, the fulfilment of the principles always sought to respond to it.9
of justice for the basic structure is linked to the The research direction of political philoso-
fulfilment of these other moral requirements, or phers over the last three decades is not, given this
even that the latter have priority over the former. point, surprising. Some of the biggest develop-
With regard to the principles of international and ments—political, social, technological, cul-
intergenerational justice this seems to be Rawls’s tural—in that time have been the increased power
view. The principles and obligations of interna- of human action in both space and time; growing
tional law and of fair interaction with future peo- awareness of this power; and progressively
ple limit the extent to which the principles of deeper connections and interdependencies
justice should be fulfilled within a single society. between all members of the global order (most
It would be impermissible to put the less advan- obviously, states). As a consequence, the biggest
taged in one’s own society in a better position at growth areas in political philosophy over that
the cost of unfair international trade relations, the time have, in our opinion, come in the area of
non-fulfilment of the international duty to assist what is sometimes called “extensions of justice;”
so-called burdened peoples who cannot establish i.e., in the fields of international/global justice
stable just conditions without assistance (Rawls, and intergenerational justice.10 In what follows,
1999b, pp. 105–112, 112f), or at the cost of the we will attempt to quickly sketch what we hope
breach of the principle of just savings, whose ful- is a useful map of those two debates.
filment is essential in order that future generations In this section, we discuss the extension of
can live under conditions of justice (Rawls, 2001, theories of justice to the global arena, and focus
pp. 159–160). on the questions of international distributive jus-
tice: are there principles of international distribu-
tive justice? Are these the same as those that hold
2.4 Extending Justice in Space: within single societies? Who are the relevant
Global Justice agents when it comes to fulfilling these princi-
ples: collectives such as states or individuals?11
There is an obvious and close connection between Building on the previous sections, we will use the
political and social developments on the one hand
and developments in political philosophy on the
9
other; indeed, one author goes so far as to say that As Ryan (2012) shows in his excellent account of the
“living political philosophy arises only in a con- history of political philosophy.
10
Our claim is not that these subjects were new. There is a
text of political urgency” (Williams, 2006,
history of thinking about international justice (see e.g.,
p. 155). While that may be a little exaggerated, the Coulmas, 1990; Held, 1995; Beitz, 2005; Höffe, 2007)
basic thought is plausible. Skinner, for instance, and intergenerational justice (see e.g., Birnbacher, 1988,
has shown how the political and military struggle Chapter 1; Jonas, 1984; Muniz-Fraticelly, 2009). Our
claim is rather that in the last 30 years there has been a
of Italian city states for independence was inti-
significant amount of work done on these issues (see e.g.,
mately tied up with and an influential cause of Meyer & Roser, 2010 (on intergenerational justice); Blake
theoretical changes, for example in understand- & Smith, 2013 (on international distributive justice)).
ings of the concept and conditions of liberty 11
There are important other debates in the field of trans-
(Skinner, 1998). Closer to home, it is surely no and international justice that, owing to limitations of
space, we do not discuss. For example questions of justice
coincidence that the modern renewal of (analyti-
as related to issues such as immigration, just war theory,
cal) political philosophy began in the late 1960s humanitarian intervention and assistance, territorial
and early 1970s in the USA, during a time of rights, colonialism, international trade.
2 Philosophy of Justice: Extending Liberal Justice in Space and Time 23

idea of the basic structure to describe these One of the most important strands of reaction
debates. One of the earliest issues raised in the to this view has consisted in attempting to work
global justice debate was the question: is there a out how best to understand the basic structure.13
global basic structure? In seminal work, Beitz Sangiovanni (2007), for instance, argues that the
(1979) argued that there is a global basic struc- basic structure is to be understood in terms of
ture, on the grounds that the global order demon- reciprocity, and that for distributive equality as a
strated a significant degree of economic demand of justice to apply, there has to be a rela-
interdependence, significant enough to justify tion between individuals such that they “ulti-
understanding the global order as a system of mately rely … (on each other) … for the basic
mutual cooperation. On that basis, he claimed goods necessary to pursue and develop a plan of
that Rawlsian principles of justice ought to apply life” (p. 35). Another view, perhaps most
globally; that is, he accepted (more or less) the famously advocated by Miller (2007), is that the
Rawlsian theory and (particular interpretations) ground of obligations of distributive justice—
of (a) the basic structure and (b) its relevance for which can be understood as a functional equiva-
justice, and on this basis sought to extend the lent of the basic structure for Rawls—is shared
scope of Rawlsian distributive justice.12 national membership. This view can be under-
This view belongs to a family of views that stood (but does not have to be) as a way of inter-
has been given the label “cosmopolitanism.” preting and developing the central Rawlsian
Cosmopolitanism has many varieties (see claim that the rights and obligations of distribu-
Caney, 2005, pp. 3–7; Pogge, 1994), but in our tive justice arise only when people stand in cer-
context the common feature of cosmopolitan tain normative relations to each other within a
views is that they all hold that the same princi- state. A third interpretation of Rawls identifies
ples of justice apply globally and domestically. the basic structure with coercive institutions.
Beitz’s view itself can be separated into posi- Blake (2002), for instance, argues that the obliga-
tions on three issues. First, there is the empirical tions and demands of distributive justice arise
question of whether there is a global basic struc- because state coercion requires justification; the
ture. Second, there is the theoretical question of corollary is that when there is no state coercion,
how best to understand what the basic structure there is no need for this justification, and conse-
is (see preceding sections). Third, there is the quently the obligations and demands of distribu-
issue of if and how the basic structure is rele- tive justice do not arise. Another proponent of the
vant for justice—that is, even if there is a global coercion view is Nagel (2005).14 For Nagel, “jus-
basic structure, does this imply anything for tice is something we owe through our shared
one’s view on global justice? In terms of these institutions only to those with whom we stand in
three questions, Beitz, in the first edition of his a strong political relation. It is, in the standard
monograph, answered the first question affirma- terminology, an associative obligation” (p. 121).
tively (Beitz, 1979); this affirmative answer was The strong political relation Nagel identifies as
grounded in part on his answer to the second relevant is that of sharing a basic structure, its key
question, namely in terms of structures of wide- feature being that it is comprised of coercive
spread trans- and international economic inter- institutions that people have no choice about
dependence. Given a certain interpretation of
the Rawlsian account of the relationship 13
As we saw in the previous sections, this has also been a
between the existence of a basic structure and very important issue in the context of domestic justice. It
justice, this meant that Rawlsian principles of is fair to say that some of the motivation for this work is
justice governed (at least some of) the relations owed precisely to the importance of the issue for discus-
sions of global justice.
between people living in different states. 14
His arguments are not entirely clear, nor is it entirely
clear why his paper has had the influence it has had, but
12
Another seminal work of Rawlsian cosmopolitanism is nonetheless, it has, and it will therefore be necessary to
Pogge (1989). sketch his position a little.
24 L.H. Meyer and P. Sanklecha

joining. The major difference between Blake and normative interpretation of international relations
Nagel comes in the conclusions each draws. For is non-cosmopolitan: for Rawls the appropriate
Blake (2002), a shared set of coercive institutions subject matter for international justice is relations
justifies the claim that “liberalism can consis- between societies (“peoples,” in his terminology)
tently limit its concern for relative deprivation to rather than between the individual members of a
the domestic arena, and be concerned only with society. The relevant agents are societies, and
absolute deprivation in the international arena” principles of justice for the international order
(p. 259). That is, Blake thinks principles of jus- apply to relations between societies, not relations
tice do apply globally, but that a further, more between individual persons qua individuals
stringent set of principles applies domestically. (Rawls, 1999b, § 4). This claim has been one of
Nagel, however, concludes that no principles of the central issues in the discussion: who or what
justice apply globally. This is because the only is the relevant agent in the global context? What,
people entitled to demand the uniquely high jus- if anything, is the normative significance of
tificatory standards required of sovereign states states? Rawls’s theory of international justice is a
are members of that state, as it is only the mem- prominent example of the views which argue that
bers who are required to actively comply with the the relevant collective agent—nations, or states,
coercive demands of the state. Further, the only or communities of a certain kind—possesses a
people who have to respond to these demands are normative significance that can play out in differ-
also the members, because it is only the members ent ways.15 As noted above, the cosmopolitan
who are responsible for the system that makes view is that membership of a state is irrelevant
these coercive demands. From this it is but a short when it comes to justice (see Pogge, 1989,
step to the claim that global institutions are nei- p. 247). Cosmopolitanism has been further linked
ther (a) involuntary nor (b) coercive in the same with global egalitarianism, namely, the view that
way, and therefore the demand and responsibility there is a set of egalitarian principles of distribu-
for justification that constitute the ground and tive justice which is the same (in content and
determine the content of “the positive obligations weight) both within and beyond states. This last
of justice,” simply do not arise. So for instance, in link is not theoretically necessary—strictly
Nagel’s view, while we have duties to alleviate speaking, one could be cosmopolitan by holding
world poverty, they are to be understood as that no principles of justice apply both within and
humanitarian duties rather than duties of justice. beyond states—and a recent development in the
The most straightforward empirical counter to field has been the development of globally egali-
this view is to object that the global order is tarian theories of justice which nonetheless think
indeed an instance of a coercive structure, or at that the state, and being a member of it, is norma-
least sufficiently so to make principles of global tively relevant in terms of whether, which, and
distributive justice applicable to it (see e.g., how principles of justice apply (see Risse, 2012;
Cohen & Sabel, 2006). A different objection is to Ypi, 2011).
argue that even if Nagel is correct in claiming However, Rawls also gives importance to the
that the state is coercive in a special way, it does establishment of a just basic structure: he claims
not follow that no requirements of justice apply that well-off liberal societies can have an obliga-
at the global level (Julius, 2006). A third develop- tion that is expressed in terms of contributing to
ment is to argue that even if there is no global establishing a basic structure. He calls this “the
basic structure, there may, under certain condi- duty of assistance,” and his claim is that “well-
tions, be a duty of justice to create one—this ordered people have a dutyto assist burdened
being an interpretation of Rawls’s “natural duty societies” (Rawls, 1999b, p. 106). The aim of this
of justice” (see Sect. 2.2) (see Beitz, 1983, p. 595, duty “is to realize and preserve just (or decent)
and more recently Ronzoni, 2009). This last posi-
tion is interestingly similar to Rawls’s own view 15
Other prominent examples are Tamir (1993), Miller
on international justice, even though Rawls’s (1995), Walzer (1983).
2 Philosophy of Justice: Extending Liberal Justice in Space and Time 25

institutions” (Rawls, 1999b, p. 107). For the non- become a pressing international issue. The con-
cosmopolitan Rawls, this realization or preserva- sensus of scientific opinion is not only that the
tion refers to the just or decent institutions within observed warming of the globe over the past 50
and of a particular society, rather than to putative years is caused by human actions (see e.g., Cook
global institutions—what is important is that et al., 2013) but also that the in-principle avoid-
something like a just (or decent) basic structure is able anthropogenic climate change imposes
securely established within each society, and heavy risks on future people by significantly
well-off societies can have a duty to help other increasing the likelihood of very many future
societies bringing this about. Rawls suggests that people’s basic human rights being violated (see
this duty of assistance is analogous to the duty he e.g., Caney, 2010).
proposes regarding intergenerational justice, Rawls (first in Rawls, 1971, and in 1999a,
namely the duty of just savings (Rawls, 1999b, especially § 44; Rawls, 1993, p. 274; Rawls,
pp. 106–107) (see Sect. 2.5 below). 2001, especially §§ 49.2 and 3) suggests an inge-
Now, Rawls’s work did indeed shape and con- nious way of extending the scope of his concep-
tinues to shape the debate, but it has been sug- tion of distributive justice to the relations between
gested that the field is now moving beyond it generations. Rawls proposes a principle of “just
(Blake & Smith, 2013). In later work, Pogge can savings.” A society “saves,” as Rawls under-
be understood as arguing that the debate on the stands it in the intergenerational context, when
basic structure misses the point when it comes to the society undertakes actions that make later
global justice. Rather, it is a simple matter of generations better off at the expense of earlier
responsibility for causing avoidable harm— generations. For Rawls the value that counts is
global institutions cause world poverty, and so people’s ability to maintain a just society. Savings
people have a responsibility not to participate in concern all actions necessary to maintain a just
or support such institutions (Pogge, 2008). This society, the long-term investments in infrastruc-
argument does not have to rely on claiming that ture, the transfer of capital as well as “knowledge
the institutions in question together comprise a and culture” and “techniques and skills” (Rawls,
global basic structure. Another important exam- 1999a, 1999b, p. 256). Mitigation measures
ple outlined by Blake and Smith (2013) is the would also clearly count as Rawlsian “savings,”
attempt to ground obligations of distributive jus- even though Rawls does not even mention the
tice in non-associative ways; i.e., to simply deny reduction of pollution in his discussion of the
the Rawlsian claim that a shared basic structure is savings principle.
a necessary condition for justice to apply. Barry Rawls presents the just savings principle as
(1989, pp. 183–189) and more recently, e.g., the outcome of a decision reached in the contract-
Caney (2005) argue that obligations of global theoretical (hypothetical and nonhistorical)
distributive justice do not arise or depend on decision-situation of the original position. Certain
interactions between people. Rather, we should non-contingent features of the relations between
appeal to intuitions of impartial considerations non-contemporaries present a challenge for a
and treatment as equals that we find in a different theory of intergenerational justice. Indeed, the
part of Rawls’s theory, namely the claim that question of justice as Rawls understands it does
arbitrary inequalities of any kind are unjust. not arise: We cannot cooperate with past and
future non-contemporaries and, while previous
generations can benefit or harm us as we can
2.5 Extending Justice in Time: benefit or harm future people, we cannot benefit
Intergenerational Justice or harm previous generations and future non-
contemporaries will not be in a position to benefit
Today the question of what we owe future people or harm us (Rawls, 1971, § 22). Rawls responds
(and of how currently living people ought to go by abstracting from these features and adjusting
about fulfilling their intergenerational duties) has the interpretation of the original position for the
26 L.H. Meyer and P. Sanklecha

intergenerational context (Rawls, 1993, p. 274; p. 274, fn. 12). The original position, however,
Rawls, 2001, § 25.2). Instead of knowing that belongs to ideal theory: strict compliance with
they exist today (the “present-time of entry” whatever principles are agreed on is assumed
interpretation), the contractors know that they (Rawls, 1971, pp. 144–145). Rawls introduces
belong to one generation, but they do not know to problems of partial compliance and noncompli-
which particular generation they belong. From ance only at the level of non-ideal theory (Rawls,
behind this “veil of ignorance” they determine a 1971, Chapter iv). In accordance with this under-
just savings rate. standing of ideal theory, Rawls assumes that the
The contractors must distinguish two stages of generations are mutually disinterested. He takes
societal development. In the accumulation stage the contractors to agree to a savings principle
future people will reach “the conditions needed “subject to the further condition that they must
to establish and to preserve a just basic structure want all previous generations to have followed
over time” (Rawls, 2001, p. 159) only if currently it.” Rawls continues: “Thus the correct principle
living people will save for them. Rawls holds that is that which the members of any generation (and
they have reason based on their natural duty to so all generations) would adopt as the one their
justice to do so in that stage. Once just institu- generation is to follow and as the principle they
tions are securely established—this is known as would want preceding generations to have fol-
the steady-state stage—justice does not require lowed (and later generations to follow), no matter
people to save for future people. Rather they how far back (or forward) in time” (Rawls, 1993,
should refrain from acting in ways that would not p. 274; Rawls, 2001, p. 160). The principle of just
allow future people to continue to live under just savings thus agreed on is thought to be binding
institutions. Rawls also holds that, in that second for all previous and future generation. As Rawls
stage, people ought to leave their descendants at never addressed the question of how we should
least the equivalent of what they received from respond to the impact of past generations’ not
the previous generation (see Gosseries, 2001 for having saved at just rates it remains unclear how
a comparative assessment of Rawls’s substantive his savings principle can determine what cur-
principle). This additional claim can be sup- rently living people owe future people as a matter
ported by the idea of a presumption in favor of of justice (Dasgupta, 1994, pp. 107–108).
equality (Sidgwick, 1981, pp. 379–380) and by There are a number of principled objections to
non-justice-based ethical considerations as delin- Rawls’s strategy of abstracting from the special
eated below. features of intergenerational relations to extend
Contractors cannot know whether previous justice considerations intergenerationally (see
generations have saved for them. Why then e.g., Heyd, 2009a). The objection is that these fea-
should they agree to save for future generations? tures mean that the circumstances of justice do
Practically speaking, this is a major issue. When not obtain intergenerationally, and therefore con-
it comes to preserving the natural conditions that siderations of justice are inapplicable to intergen-
will allow future people to live under conditions erational relations. Theorists appeal to, for
of justice, most justice theorists today argue that example, the current nonexistence of future peo-
the previous and current generations have not ple (De George, 1981, p. 161), the inability of
saved enough in terms of mitigating the global future non-contemporaries to enforce or waive
consequences of anthropogenic climate change their claims against currently living people
or enabling future people to adapt to the non- (Steiner, 1994, pp. 259–261), and the impossibility
avoidable consequences of climate change (see of reciprocity between non-contemporaries
e.g., Shue, 1999; Meyer, 2013). However, Rawls (Heyd, 2009a). Furthermore, currently living peo-
does not address the problem, or at least not in a ple cannot have particular knowledge of future
direct way. He understands previous generations’ people as individuals (Cowen & Parfit, 1992,
noncompliance with a just savings principle as a p. 148). Rawls apparently considers these features
problem of non-ideal theory (Rawls, 1993, of intergenerational relations irrelevant for the
2 Philosophy of Justice: Extending Liberal Justice in Space and Time 27

validity and applicability of justice considerations generations, they will pursue policies that will
(as does, e.g., Barry, 1977, 1995): we ought to non-intentionally change who will procreate and
abstract from these features on the principled when. These policies will therefore bring into
ground that they are irrelevant for the moral status existence different people, compared to the peo-
of future people as free and equal persons. Given ple who would have existed under business-as-
this moral status, currently living people are usual. But if not continuing with business-as-usual
required to relate morally to them as fellow would have resulted in the allegedly harmed per-
humans; future people will be bearers of rights or son not coming into existence, consequently that
legitimate claims in the future; the legitimate person cannot be said to have been harmed by
claims they have will be determined by the inter- continuing with business-as-usual. This reflects a
ests they have then; currently living people’s common understanding of harm according to
actions and policies can severely frustrate basic which an action harms a person only if the action
interests of future people; if they act in such ways causes this person to be worse off than that per-
when they can avoid doing so and at reasonable son would have been had the agent acted other-
costs to themselves, they violate future people’s wise. This counterfactual notion of harm makes
legitimate claims; therefore, currently living peo- no sense with respect to persons whose existence
ple stand under the obligation to protect the basic depends upon the allegedly harming action,
interests of future people, and this obligation does because they cannot be worse off owing to this
not depend on the particular identity of future per- action than they would have been had this action
sons (see also Hoerster, 1991, pp. 98–102). not been carried out. For in that case, they would
This may seem plausible, but in his brief dis- not have existed. The challenge is that this seems
cussions of intergenerational justice, Rawls to exclude the possibility of our harming future
bracketed the “non-identity problem” that, people when we choose among long-term poli-
among others, Parfit discovered16 and investi- cies with significantly differing consequences for
gated in his seminal work (Parfit, 1976, 1982, the quality of life of future people, because with-
1984, part IV). The non-identity problem chal- out the policy the allegedly harmed people would
lenges the very possibility of currently living not have existed.
people affecting the interests of future persons, One way of meeting this challenge is to argue
that is, the very possibility of harming or benefit- that harming a person can be understood differ-
ting them, and is widely seen as the most serious ently and in a way that is unaffected by the non-
challenge to extending justice considerations to identity-problem (see Meyer, 2003, pp. 147–149;
intergenerational relations. pp. 155–158, for a detailed discussion. For other
Assume that continuing with business-as- responses see Schwartz, 1978; Kavka, 1982;
usual in climate protection is an example of a Roberts, 1998; Kumar, 2003; and especially
policy that clearly violates Rawls’s savings prin- Heyd, 2009b, 2014). According to the “threshold
ciple because the policy will predictably violate notion of harm” an action harms a person only if,
the justice claims of future people vis-à-vis the as a consequence of that action, the (then exist-
currently living by seriously undermining future ing) person falls below a normatively defined
people’s chances of preserving (or establishing) a threshold (see Shiffrin, 1999; McMahan, 1998,
just basic structure. The non-identity problem pp. 223–229; Meyer 2015, sect. 4). On this
challenges the possibility of criticizing the policy notion, finding that a person was harmed does not
on these grounds: If the currently living people require that this person would be in a better state
fulfil their justice obligations vis-à-vis future had the agent acted otherwise. Thus, future peo-
ple can be said to be harmed by currently living
16
people’s actions even if these actions are among
Schwartz (1978) discovered the problem at about the
the necessary conditions of their very existence
same time. Parfit and Heyd (1992, 2009) have done the
most in explaining and investigating the problem’s con- as the individuals they will be, if those actions
ceptual and normative significance. cause them to fall below the threshold.
28 L.H. Meyer and P. Sanklecha

Consequently, presently living people can be said (1984) famous principle of responsibility: “Act
to stand under the duty to consider legitimate jus- so that the effects of your action are compatible
tice claims of future people vis-à-vis them in with the permanence of genuine human life”
choosing among long-term policies if such poli- (p. 11). Arguably, theories of justice cannot
cies result in them being in a subthreshold state. ground a duty to future people that we bring them
Whether and when this is the case depends upon into existence even if all of them had extremely
how the threshold is substantially defined. good conditions of life (Heyd, 1992; Meyer,
Rawls’s principle of just savings can be under- 1997; Sanklecha, 2013); they must simply pre-
stood as a plausible substantive specification of suppose that future people will exist. Second,
the intergenerational threshold; this interpreta- many of us believe that future people should have
tion is also a plausible defence of Rawls’s brack- a life that is well above the level of well-being
eting of the non-identity problem. specified by their legitimate justice claims vis-à-
In addition to the limitations described vis currently living people. This, in part, reflects
above, Rawls’s discussion of intergenerational a third concern many have: Future people should
justice is also limited in his not directly address- be able to share (at least certain aspects of) the
ing the question of whether and how the just particular way of life of currently living people.
savings principle might be sensitive to the num- But, presumably, currently living people do not
ber of people who will live in the future. This violate the future people’s legitimate justice
number of future people seems clearly relevant claims by failing to sustain their way of life for
for determining whether and how much cur- them. Thus, we cannot prefer a future with peo-
rently living should save (see Heyd, 1992, p. 47; ple all of whom have lives far above the level of
Dasgupta, 1994; Casal & Williams, 1995, 2004; what intergenerational justice requires to a future
Barry, 1999, pp. 107–111; Gosseries, 2001, with no people on the basis of considerations of
pp. 330–333). However, the just savings princi- rights of future people. What is needed here, and
ple could indirectly be sensitive to the number what theories of justice simply lack the concep-
of future people: it would at the very least be tual resources to provide, is an account of why
unjust to choose those further futures in which there should be future people at all (see Heyd,
more people exist than there are resources for 1992; Jonas, 1984; Meyer, 1997). Further, as dis-
just institutions. Consequently, future people’s cussed above, we also need an account of how
legitimate claims to living under conditions of many future people there ought to be, because the
justice and currently living people’s correspond- number of future people we assume will exist is
ing duties of justice would set a normative highly influential in determining what we ought
framework for decisions concerning future peo- to do now so as to not violate the rights they have
ple, including those that have an impact on their against us. This too is not a question that theories
number and identity. of justice—at least as they currently are—are
However, such a framework does not provide well suited to address.
a complete moral theory of intergenerational In summary, we may put it like this: Theories
relations. There are concerns for future people of intergenerational justice, like all other moral
shared by many of us that cannot be accounted theories, contain certain presuppositions they
for by justice-based considerations, e.g., cur- cannot justify (for a more general discussion of
rently living people’s commitment to certain tra- the limits of rights-based moralities see Raz,
ditions of collective self-understanding and to 1986, Chapter 8). As such, there is no principled
transgenerational projects whose goals and val- problem with making the necessary presupposi-
ues can only be realized when future people will tions. However, in the case of intergenerational
want to and be able to continue them (De-Shalit, justice, the presuppositions concerned with the
1995, Chapter 1; Meyer, 2005, Chapters IV and existence, number, and identity of future people
V). First, many of us believe that it is important are (a) in principle under human control, i.e., it is
that there be future people at all. Consider Jonas’s in principle possible for currently living people to
2 Philosophy of Justice: Extending Liberal Justice in Space and Time 29

decide whether and how many future people philosophy’s primary goal is to explicate princi-
there will be, and (b) significant for determining ples of justice that govern the fair cooperative
what currently living people must sacrifice now venture between free and equal persons in which
in order to discharge their duties of justice toward individuals pursue their conceptions of the good
future people. Consequently, the presuppositions life. Another important alternative to the
of existence, number, and identity must them- Rawlsian focus has been provided by the feminist
selves be ethically justified, and this justification critique of both Rawls in particular and liberal-
cannot be purely a matter of justice. The logic of ism in general. Young criticizes the focus on dis-
intergenerational justice itself demands a move tributive justice (Young, 1990), arguing that this
beyond considerations of justice. obscures crucial issues of domination and oppres-
sion, and also argues that liberal political theory
in the broadly Rawlsian tradition does not suffi-
2.6 Conclusion ciently take the perspectives and interests of mar-
ginalized groups into account (Young, 1990).
In this chapter, we have focused on the tradition Another feminist critique, different in content but
of “analytic” liberal contractarianism, for which similar in that it also challenges fundamental
justice is the key concept of political philosophy premises of the Rawlsian tradition (such as the
(see Cudd, 2013). Apart from Rawls, other influ- centrality of justice), has been the idea of care
ential contractarians of the twentieth century ethics (see Held, 1993, 2006).
include Buchanan (1975) and Gauthier (1986) Our chapter, in other words, has a restricted
who reconstruct a Hobbesian version of contract scope. With this limitation established, we now
theory, and the Lockean version reconstructed by conclude by identifying some questions and areas
Nozick (1974). By no means is this the only of research that we believe are (or should be) cen-
important tradition, however, and we want to tral in the tradition we have focused on. Rather
briefly mention important alternatives. Wolff than simply listing each issue, we will do so by
(2013), for example, suggests that “a broad dis- stating a simple question and analyzing what is
tinction can be seen in that there is a line of intel- required to answer it.
lectual tradition that runs from John Stuart Mill Suppose that we come to the conclusion that
and another from Hegel” (p. 813). In neither of some set of principles of domestic, international,
these traditions is justice the key concept of polit- and intergenerational justice is valid and that the
ical philosophy. In the Millian tradition, liberty world in which we live is less-than-just (and pos-
and well-being are the key concepts (see Griffin, sibly extremely unjust in many respects). The first
1986; Broome, 2004; and the liberal perfection- formulation of the simple—and practically very
ism of Raz, 1986; Green, 1988). In a prominent important—question is: what duties, if any, does
line of the Hegelian tradition, recognition is the an individual agent have with respect to contribut-
key concept of political philosophy (see Honneth, ing to bringing about a more just world? One con-
1992; Honneth & Fraser, 2003). Among the most text in which this question arises is what many
important critics of Rawls’s understanding of consider the most pressing global environmental
political philosophy are the so-called communi- problem: What duties can an individual be thought
tarians (MacIntyre, 1984; Sandel, 1998; Taylor, to have in contributing to a solution to climate
1985; Walzer, 1983) who, relying on insights of change? This is the context we focus on, not only
Hegel (and Aristotle), argue for the importance of because of its importance, but also because the
tradition and social context for moral and politi- problem of responding to climate change is a par-
cal reasoning, and put forward normative claims ticularly clear example of a question that involves
about the value of community as well as onto- the issue of extending justice in space and time. It
logical claims about the social nature of the “self” involves extensions in space because any adequate
(Bell, 1993; Mulhall & Swift, 1996). In doing so solution will have to involve more than one nation
they mean to dispute Rawls’s claim that political state, and so it is important to ask what a just global
30 L.H. Meyer and P. Sanklecha

distribution of the benefits and burdens of respond- Another important aspect of this issue, which
ing to climate change would be. It involves exten- is directly methodological but has significant
sions in time because one prominent way of substantive implications, is the question of
understanding what an adequate response would whether ideal theory is useful at all in under-
be in the first place takes as one of its starting- standing what we ought to do in non-ideal situa-
points, the idea that considerations of intergenera- tions. As outlined above, Rawls’s view was that
tional justice contribute to specifying what we ideal theorizing contributes by specifying the
owe future generations in terms of, inter alia, limit- ultimate aim (in terms of justice) of institutional
ing global emissions.17 and individual action under non-ideal circum-
One issue central to answering the question is stances and by providing a standard of justice by
the following. Let us accept what is (to us) uncon- which to judge existing circumstances. Ideal the-
troversial: the current situation with respect to ory tells us where we want to get, non-ideal the-
climate change is unjust. In Rawlsian terms, we ory tells us how to get there. But it has been
could say that the institutions required to deal argued that ideal theory is irrelevant to determin-
with the problem are either not in place, or are ing what to do under current circumstances.
not just; in other words, the situation is “non- Prominently, Sen (2009) argues that in order to
ideal.”18 A key research focus for political phi- know how to act in existing circumstances all we
losophy is, and ought to continue to be, the task need is to be able to make comparative judgments
of developing a shared understanding of the rel- about justice, and this comparison does not rely
evance of non-ideal circumstances for theorizing on an ideal (pp. 1–18; 96–105). Others have
about justice and about individuals’ duties to argued that ideal theory leads us astray under
contribute to bringing it about. For example, non-ideal circumstances because of the problem
when we try to work out what duties individuals of the second-best, that is, the problem that when
currently have with respect to climate change, you cannot realize all elements of a complex
what is the relevance of the fact that each indi- ideal, the second-best solution may not straight-
vidual can expect that (in absence of a coercive forwardly be to realize as many of the elements
collective situation) many or even most others as you can (see e.g., Margalit, 1983). The theo-
will not discharge those duties? In such a situa- retically extreme end of this critique leads to a
tion, should one “take up the slack” and do more complete rejection of the relevance of ideal theo-
than one would have to do if all others did their rizing about justice (Farelly, 2007; for an account
share (Singer, 1972; Unger, 1996)? Or is that of the other extreme, i.e., one which rejects the
unfair, and is one only obliged to do what one relevance of non-ideal theorizing to discovering
would have had to do if all others also discharged what justice requires, see Cohen, 2008).
their duties (Murphy, 2000)?19 A third important issue is the one raised at the
end of Sect. 2.5, on the limits of justice. As we
17
Precisely because we think it is both important and have said, the work of John Rawls has revived
interesting, we have worked on several different norma- and dominated one particular tradition within
tive and ethical aspects of the problem of climate change.
See for example, Meyer (2013), Meyer and Roser (2006,
political philosophy. One of the results of this has
2009, 2010), Meyer and Sanklecha (2011, 2014), been that theorizing about justice has been cen-
Sanklecha (2013). tral within that tradition over the last four decades.
18
There are many different understandings of what it is for But, as explained above, there are foundational
a situation to be non-ideal; the classical contemporary for- issues in the morality of intergenerational rela-
mulation is found by Rawls, but since then there have
been many different accounts. See Rawls (1999a, 2001), tions that simply cannot be dealt with by theories
Murphy (2000), Buchanan (2004), Sen (2009), Simmons of justice (Meyer, 1997; Sanklecha, 2013). Given
(2010), Meyer and Sanklecha (2009, 2011). the changed conditions of human action (Heyd,
19
For discussions of the problem of individual duties in 1992; Jonas, 1984), and the practical urgency of
non-ideal circumstances in the specific context of climate responding adequately to climate change, it is
change, see e.g., Banks (2013), Hiller (2011), Johnson
(2003), Maltais (2013), Meyer and Sanklecha (2011, 2014), crucial to address those issues. The place they
Nolt (2011), Sandberg (2011), Schwenkenbecher (2014). have begun being addressed is in discussions of
2 Philosophy of Justice: Extending Liberal Justice in Space and Time 31

climate change and population policies (Broome, problem simply doesn’t yield to general recipe-
2005, 2012, especially pp. 169–186; Cafaro, making. Philosophers sometimes end their arti-
2010; Casal & Williams, 1995, 2004; Heyward, cles by saying this sort of thing: it is a task for
2012), but these discussions have mostly, in our future work to determine the weight of the con-
view, shied away from the question that is theo- sideration that I have exposed. But nobody ever
retically the most basic: should there be future gets around to that further work. They wish they
people? It is important, for reasons already given, could, but they can’t” (p. 369). Swift himself is
that more work begins to address this basic ques- more optimistic, stating his belief that philoso-
tion. A recent effort in investigating the value to phers can and are doing more than this. Rawls,
currently living people of the continuation of for instance, specifies priority rules for his prin-
(certain sorts of) human life is Scheffler (2013). ciples of justice, which is certainly a way of indi-
His work, however, does not engage with an cating the relative weights of different
ongoing debate on these issues. In our view, considerations of justice—but the question is
engaging with this debate is a promising research whether such specifications can be justified by
direction. In particular here we think Jonas argument, and to what extent (Feinberg, 1973,
(1984) and Heyd (1992) have made important pp. 68–83; Thomson, 1986, pp. 33–48; Wellman,
contributions (see, also, De-Shalit, 1995; Meyer, 1995; Birnbacher, 2007, pp. 158–172).
1997; Partridge, 1981; Sanklecha, 2013; The issue of how to understand, analyze, and
Thompson, 2009). practically respond to value plurality and value
Another issue arises if we believe—as many conflict (see e.g., Berlin, 1969, 1991; Chang,
do—that an individual can legitimately pursue 1997; Griffin, 1986; Kekes, 1993; Stocker,
other interests; i.e., her life does not have to be 1990; Raz, 1999) is immanent in our entire
solely about contributing to bringing about a just essay. In a sense, what we have described is a
solution to climate change. Indeed, this appears history of disagreement and discord. To stick to
virtually trivial, but it has deep implications. the question of this conclusion—there is and
Simply put, once one accepts that an individual will be disagreement between intelligent,
can legitimately have a plurality of interests, one informed, and sincere people about what duties
opens the door to potential conflict between those an individual has with respect to bringing about
interests (see e.g., Nagel, 1991). If we further a solution to climate change (for discussions of
believe—as many also do—that at least some of reasonable disagreement and in particular its
this conflict is to be understood as conflict implications for political morality, see Rawls,
between a plurality of values, then we have a seri- 1993; McMahon, 2009). History and our lives
ous issue. How are we to weigh different values? demonstrate that such disagreement is not going
Can we? (see e.g., Broome, 1991, 2004; Temkin, away. Nevertheless, we can sometimes be in cir-
2012) Cohen, for instance, as quoted in Swift cumstances—for example climate change—in
(2008), says that “philosophers, and, for that mat- which we still have to act, and where not acting
ter, non-philosophers, do not know how to com- is also a form of action. When it comes to the
pute, in general terms, the comparative weights political arena, the problem is further compli-
of the values all of which deserve consideration: cated by the fact that the action involves a col-
no one knows how to draw an ‘indifference lective of individuals, each with some
curve’ map of those values. But philosophers are presumptive right to autonomy. A crucial issue
sometimes better than others at identifying dis- for political philosophy is trying to figure out
tinct and neglected values that are worth consid- just or even minimally morally acceptable ways
ering. We often have something novel to say of coming to collective decisions in such situa-
about what ingredients should go into the cake tions. A standard move is to turn to procedure
even when we can say nothing about the propor- (see e.g., Gutmann & Thompson, 1996, 2004;
tions in which they are to be combined, not Hinsch, 2010; Meyer & Sanklecha, 2014). In
because that isn’t important, but because the our view it is important to investigate whether
32 L.H. Meyer and P. Sanklecha

and, if so, how it is possible to agree on a procedure Buchanan, J. M. (1975). The limits of liberty. Between
anarchy and leviathan. Chicago, IL: Chicago
while disagreeing about substantive conceptions
University Press.
of the good (Hinsch, 2010, 2011; Waldron, 1999). Buchanan, A. (2004). Justice, legitimacy, and self-
determination: Moral foundations for international
law. Oxford, England: Oxford University Press.
Cafaro, P. (2010). Economic growth or the flourishing of
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Sociology of Justice
3
Stefan Liebig and Carsten Sauer

all human beings are born free and equal and


3.1 Introduction have the same rights and obligations. Deciding
which principles and rules are necessary to
For a long time, justice has been treated solely as ensure that the allocation and distribution of
a normative problem. (For the philosophical per- benefits and burdens can actually be called “just”
spective on justice, see Meyer & Sanklecha, has been the subject of philosophical disputes
2016, Chap. 2 of this handbook). It was primar- dating back to Aristotle.
ily the task of philosophers to think about the Since the middle of the last century, empiri-
meaning and importance of justice and to iden- cal research on justice has become established
tify the norms and principles that would help to within the domains of the social and behavioral
realize it. Although philosophers are still not in sciences. In contrast to the normative disci-
agreement as to which rules and principles can plines, the empirical sciences focus on describ-
promote justice in a group, an organization, or a ing phenomena that are observable in our world
society, they more or less agree on three basic and on developing theories to explain them. In
formal criteria that constitute a state of justice this sense, empirical research on justice deals
(Koller, 1995): (1) equal treatment, that is, indi- solely with empirical phenomena, concentrating
viduals should be treated equally under the same on the empirical validity of conceptions of jus-
relevant conditions; (2) impartiality, that is, to tice for individuals’ attitudes and behavior and
act in situations of interpersonal conflict of inter- for the structure and processes of society or
est according to rules which are acceptable to all other forms of social aggregation (e.g., groups
parties from an impartial point of view; and (3) or organizations). Thus, the reason for studying
consideration of legitimate claims, that is, indi- justice from the perspective of the social sci-
viduals should be treated according to what they ences is not to assess its normative importance
deserve. That justice should prevail is seen as a but to determine its empirical relevance for indi-
moral imperative, based on the modern idea that viduals and societies. Three basic questions
guide this research:

1. Why is justice regarded as a desirable state in


almost all societies?
S. Liebig (*) • C. Sauer
2. What ideas or conceptions relate to justice?
Bielefeld University, Bielefeld, Germany
e-mail: stefan.liebig@uni-bielefeld.de; carsten. 3. How do conceptions of justice shape the indi-
sauer@uni-bielefeld.de vidual and life in society, and vice versa?

© Springer Science+Business Media New York 2016 37


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_3
38 S. Liebig and C. Sauer

Sociology’s concern with describing and structures, meaning that individuals with com-
explaining collective phenomena is a conse- mon traits, the same social background, and
quence of the division of labor within the social similar experiences over their lifespan tend to
sciences. Its priority is to analyze the society have the same conception of justice.
(either as a whole or as smaller social aggregates) Accordingly, their social conditions affect their
and related social phenomena (Wippler & attitudes toward justice. This social condition-
Lindenberg, 1987). Justice can be seen as one ality establishes justice as a collective phenom-
such social or collective phenomenon in at least enon (Boudon, 1998)—groups of individuals
four respects: share the same attitudes.

Societal conditions. History shows that issues of Social consequences of (in)justice. Since its
justice have not been addressed consistently or in beginning, justice research has concerned itself
the same way by all societies. In most cases, with the behavioral consequences of the sense of
structural and political changes prompt a quest (in)justice. A broad range of empirical results
for justice. For example, Moore (1978) showed have shown that experiences of (in)justice affect
that in Germany in the late nineteenth century, attitudes and behavior and thereby lead to social
industrialization, regional mobility, and increas- consequences that can affect the functioning of
ing social inequalities contributed to a growing organizations, institutions, and society as a whole
sense of injustice among the working classes. (Hegtvedt & Isom, 2014).
Whether or not issues of justice are publicly dis- Like researchers in other empirical disci-
cussed depends on societal conditions. Miller plines, sociologists study justice from the stand-
(1979, 1999) argues that what is regarded as just point of “a-morality” (see Luhmann, 1996)—they
in a substantial sense varies according to the do not claim to know which conception of justice
basic structure of a society: “Men hold concep- is right or true. As observers, they examine the
tions of social justice as part of more general empirical reality connected to conceptions of jus-
views of society, and…they acquire these views tice on the level of societies or other forms of
through their experience of living in actual soci- social aggregation. Their tasks are to describe
eties with definite structures and embodying par- existing concepts of justice in a society and to
ticular kinds of interpersonal relationship” explain why such concepts exist, as well as to
(Miller, 1979, p. 342). determine the related social consequences. Given
the analytical primacy on the level of social or
Institutional design of a society. Modern welfare collective phenomena, three assumptions are
states have established various institutions for fundamental:
allocating and distributing societal goods and
burdens. Tax systems and welfare institutions, for 1. Justice is a social phenomenon that can be
example, reallocate income and wealth. conceptualized as a social value in the sense
Normative ideas about who should get what and of shared “conceptions of the desirable” (see
who should bear what burdens are translated into van Deth & Scarbrough, 1995, p. 28), describ-
social reality. Hence, the existing institutional ing how resources and burdens should be allo-
design of a society and the rules and practices cated or distributed within a social aggregate.
within these institutions reflect conceptions of 2. Justice is socially determined because whether
justice at the collective or societal level. something is regarded as just depends on the
social structures and processes of a society or
Social conditionality. What is regarded as just other social aggregates.
in a society depends on the conceptions of jus- 3. Justice is a social force because it affects the
tice held by each member of that society. economic, political, and social structures and
Empirical research has revealed consensual processes within social aggregates.
3 Sociology of Justice 39

Thus, the first task of sociological justice 3.2 Justice as a Multilevel


research is to describe a society’s conception and Problem: Four Areas
understanding of justice. The question, then, is of Sociological Justice
how and where different manifestations of justice Research
can be identified. In contrast to psychology, soci-
ology cannot rely simply on attitude research or In addition to identifying and describing the con-
behavioral research; it must also consider other ceptions of justice—i.e., the various manifesta-
manifestations, such as in the structure and rules tions of conceptions of how goods and burdens
of societal institutions or in political debates and should be allocated in a society as a whole and
other societal discourses. The second task is to within other forms of social aggregation—socio-
identify the social conditions (e.g., structure, cul- logical justice research, like other scientific disci-
ture, institutions) that affect these conceptions of plines, seeks to provide explanations that are
justice on various levels of social aggregation guided by theories and can be proved empirically.
and on the level of the individual (Wippler & These explanations are related to three basic
Lindenberg, 1987, p. 135). The third task is to questions, or “why problems” (Bunge, 1998,
study the consequences of justice-motivated p. 3): Why do conceptions of justice in a social
behavior exhibited by collective or corporate aggregate exist; why do they vary in time and
actors (interest groups, political parties, organi- space; and why are other societal phenomena
zations) and by natural persons in terms of the affected by collective or individual justice con-
structures and processes within a society. cerns? Answers to such questions take the logical
In this chapter, we provide an overview of the form “q is because of p,” where q is the explanan-
existing empirical justice research in the field of dum (in our case, justice conceptions in a social
sociology, in the hopes of contributing to a better aggregate) and p denotes the reason for the exis-
understanding of what constitutes a sociological tence of q (explanans). When sociological
approach to the issue. We will begin by introduc- research tries to identify social determinants of q,
ing the multilevel model of sociological explana- p refers to some structural or process-related
tion from which we have derived four perspectives properties of a social aggregate. In other words, q
of sociological justice research: the analysis of is the outcome of certain social conditions (sc),
institutions and discourses on the societal level or, in more general terms, q = f(sc). Treating q as
and the analysis of attitudes and behavior on the the outcome of sc implies the assumption of a
individual level. Because sociological attitude causal relationship between the two components
research offers the most advanced theories and in the form of sc → q. Studies of the consequences
the largest body of empirical evidence, we will of justice are based on the same logic. In this
focus on such research and report its central theo- case, q represents some social phenomenon
retical developments and main empirical results. (explanandum) that is affected by justice concep-
We restrict our review to what is usually called tions or considerations—e.g., the level of trust in
“distributive justice,” that is, conceptions of jus- a society (Tyler, 2001), political participation
tice that are related to the allocation and distribu- (Mühleck, 2009), or the rate of employee theft in
tion of goods (primarily income and wealth) and companies (Greenberg, 1990)—and p represents
of burdens (e.g., taxes or welfare payments).1 the determinants (explanans). Justice (j) is then
one of these factors affecting a certain outcome:
q = f(p, j).
When sociological justice research tries to
identify and empirically prove these causal rela-
1
For comprehensive overviews that also include proce-
tionships at a societal or macrolevel, it faces at
dural and interactional justice concerns, see Hegtvedt and
Isom (2014), Hegtvedt (2006), Arts and van der Veen least three methodological problems. The first is
(1992), Cohen (1986). what is known as the “small N” problem (Kittel,
40 S. Liebig and C. Sauer

2006). In order to show that structural conditions work of Schumpeter (1908), eventually finding
within a society determine some type of shared its way into contemporary sociology in Coleman’s
justice conception, one would require data on the (1990) work. Contrary to the version of method-
societal level that can be used for either a com- ological individualism that dominates economic
parison of different societies or a depiction of thinking, the “structural individualism” in socio-
how structural changes in a society also lead to logical terms treats collective phenomena such as
changes in shared justice conceptions over time. social institutions, social relationships, and social
In both cases, the number of societies or observa- structures not only as the explanandumbut also as
tions would be limited, so the significance of any the explanans (Wan, 2012). Structural individual-
statistical analysis, if any, would be negligible. ism assumes that not only individual behavior
The second problem related to the macrolevel and choices but also individual preferences
approach is overdetermination (Mayntz, 2002). depend on the past and present structural condi-
Social phenomena are usually affected by more tions that constitute the social context of an indi-
than one determinant and are the result of vidual. By attributing substantial explanatory
intertwined developments; therefore, it is often importance to the social structures in which
difficult to single out the affecting factors. For individuals are embedded (Granovetter, 1985),
example, a change in a shared justice conception sociological research can dispel the assumption
can be the result of a change in the composition found in economic theory that preferences are a
of a society’s population (due to immigration or given and stable (Stigler & Becker, 1977) and
demographic changes), changing economic can assume that beliefs and attitudes are func-
inequalities, or political decisions that may them- tions of the social situation.
selves be the outcome of shared justice Thus, the central question for justice research
conceptions. is how do individuals acquire their justice atti-
The latter brings us to the third problem, that tudes? According to the second assumption
of identifying the direction of causation. If we posed above, these attitudes are the result of the
observe a correlation between the structural con- social conditions of the individual over a lifetime.
ditions of a society and the pattern of shared jus- These conditions comprise social structures (e.g.,
tice attitudes, we do not know from that single distribution of income in a society, institutional
correlation which of the two is affecting the other. order, economic order, social relationships),
This problem is exemplified by the famous com- social norms and values, and social processes and
ment by Max Weber that the Protestant ethic was dynamics. On the other hand, “structural indi-
a driving force for the development of capitalism vidualism” treats social structures and, more gen-
in Western societies. Coleman (1990) showed erally, all social phenomena as the result of
that relying on observations at the societal level aggregated individual behavior. Justice concerns
alone makes it impossible to test causality and its of individuals may affect a society’s political
direction. Such testing is possible only by asking structures (through voting behavior or political
individuals whether economic behavior is protest) or other structural characteristics.
affected by their religious values and, if so, how. Therefore, explaining the social determination of
One way to avoid these methodological con- social phenomena requires three steps: first,
straints is to conceptualize sociological justice showing how an individual’s situation, prefer-
research as a multilevel problem, that is, to go ences, beliefs, and attitudes (at the microlevel)
“down” from the level of social aggregates to the are affected by the social structure at the macro-
level of individuals. The idea “that we must level (macro → micro); second, identifying which
reduce all collective phenomena to the actions, individual behavior results from that situation
interactions, aims, hopes, and thoughts, of indi- (micro → micro); and third, showing how the
viduals” (Popper, 1949, p. 88) is rooted in the behavior exhibited by members of a social aggre-
thinking of John Stuart Mill and later became gate constitutes a collective or social phenome-
prominent in the field of economics with the non (micro → macro) (see Figs. 3.1 and 3.2).
3 Sociology of Justice 41

Fig. 3.1 Justice as a socially determined Structural Justice


collective phenomenon (Assumptions 1 and 2) Macro conditions conceptions

Micro Justice Individual


attitudes behavior

Fig. 3.2 Justice as a social force affecting other Justice Societal


collective phenomena (Assumption 3) Macro conceptions consequences

Micro Justice Individual


attitudes behavior

By treating explanations related to the three mation that refer to universal laws. In this case,
“why problems” as multilevel problems, we can the theoretical primacy is at the level of the indi-
avoid the methodological and theoretical vidual. Accordingly, theories of how individuals
constraints mentioned above. By following the arrive at their attitudes, how they make decisions,
macro–micro path or the micro–macro path, we why they show a certain behavior in a given situ-
can apply research designs to identify and prove ation, and what causal factors may be important
causal effects with larger numbers and test theo- now constitute the core of sociological models
ries for sufficient explanations. Instead of study- within justice research. The three “why prob-
ing the effects of structural changes on justice at lems” can then be addressed by applying action-
the level of a very small number of societies, we theoretical models—e.g., by using various
are now able to study how changes in structural derivatives of the rational-choice paradigm
position (e.g., due to occupational or regional (Kroneberg & Kalter, 2012)—or psychological
mobility) influence justice attitudes or behaviors mechanisms that explain why individuals adopt
on the level of individuals by means of large pop- certain views of justice and why they exhibit cer-
ulation samples. In addition, going down to the tain justice-motivated behaviors.
microlevel also enables us to use experimental But how does sociological justice research
methods for testing causal relationships. differ from psychological justice research (see
Traditionally, a scientific explanation is suffi- Gollwitzer & van Prooijen, 2016, Chap. 4 of this
cient when it is based on universal laws stating handbook) if both are concerned with individual
that the phenomenon to be explained is the causal attitudes and behavior? The difference is that the
consequence of a law operating under particular sociological approach seeks to determine how
conditions (Hempel & Oppenheim, 1948). The structural conditions affect an individual’s justice
problem in sociology is that such universal laws attitudes, and vice versa. One might also ask:
have yet to be found in the social world, and soci- How do social structures translate into justice
ologists are pessimistic about ever finding them attitudes, and how do justice attitudes translate
on the macrolevel. However, by reaching down to into social structures? In both cases, the starting
the microlevel, we can develop and empirically point of sociological inquiry is that the formation
test causal theories of behavior and attitude for- of justice attitudes, evaluations, and reactions are
42 S. Liebig and C. Sauer

not entirely individual processes but are embed- specific understanding of how benefits and
ded in social structures, relationships, and inter- burdens should be distributed in a society,
actions (Hegtvedt & Johnson, 2000). Sociological then the sociological question is how struc-
and psychological approaches to justice differ in tural position and one’s embeddedness in a
at least four major areas: specific social environment affect the out-
comes of these learning processes. Therefore,
1. The first difference is the result of the socio- the difference between a psychological
logical understanding of society as a structure approach and a sociological approach is that
of positions. Individuals are incumbents of the former aims to identify generic psycho-
hierarchical and vertical positions within a logical mechanisms such as social compari-
society. Each position is related to a set of son (Runciman, 1966) or social learning, and
opportunities and restrictions; resources such the latter asks how these mechanisms function
as status, power, and prestige; and specific under different structural conditions. Again,
interests. The interests of individuals at the this implies that empirical research must
top of a society with regard to how goods and assume that individuals differ in their justice
burdens should be distributed differ from the views because they have different learning or
interests of those at the bottom. In other comparison opportunities over their lifespan.
words, “people have interests following from 3. A third difference follows directly from the
their location in the social structure and… premise that justice attitudes do not result
these interests affect the way in which people from individual processes alone but are also
justify allocation rules or criteria” (d’Anjou, affected by others. Consequently, the justice
Steijn, & Van Aarsen, 1995, p. 357). From this attitudes of other individuals in one’s house-
point of view, justice attitudes are “positional hold, workplace, or social network will affect
effects” (Boudon, 1998, pp. 172ff.), deter- what is regarded as just and crucial for
mined by one’s relative position within a soci- justice-motivated behavior (Hegtvedt &
ety. One consequence of this effect is that Johnson, 2000).
empirical researchers must recognize that 4. Finally, sociological justice analysis is con-
subjects may differ in their justice attitudes cerned with proceeding from the microlevel
and evaluations according to their societal to the macrolevel, asking as it does how indi-
positions during their lifespan. vidual behavior translates into social struc-
2. The second difference is that sociology is ture or collective phenomena (Opp, 2014).
interested in how the existing social structure Collective phenomena are not just simple
defines the framework for the operation of aggregations but may occur as a result of
generic psychological mechanisms. One interactions among different actors (individ-
example is grid group theory (Harris, 2014), ual or collective) and of situational character-
according to which there are four different istics. In the wake of recent theoretical
views of how benefits and burdens should be debates within sociology, “mechanismic”
distributed (e.g., equally, according to merit) explanations, which identify regularities in
and individuals adopt a certain view based on processes that generate certain outcomes,
the structural conditions under which they have been considered appropriate. The task,
live. Although grid group theory does not then, is to identify and prove the operative
address how these views develop, the idea is social mechanisms that translate individual
that the social structure provides specific justice attitudes and justice-motivated behav-
experiences and opportunities for learning ior into social structures.
processes and that individuals develop their
views on justice based on these experiences. If Figures 3.1 and 3.2 illustrate the sociological
social learning is the generic psychological multilevel approach to justice in relation to
mechanism by which individuals acquire a the three basic assumptions presented earlier.
3 Sociology of Justice 43

The first assumption—that justice is a social or justice conceptions on the macrolevel that have
collective phenomenon—can be reconstructed not yet found their way into institutions. They are
based on a multitude of individual actions and subject to discourses within different societal
decisions on the microlevel. How these individ- realms. For example, within academic discourses,
ual actions and decisions lead to a shared under- political philosophers present their normative
standing of justice and to what extent—the “logic conceptions and discuss them with other schol-
of aggregation” (micro to macro)—must be ars; politicians and political parties present their
determined theoretically and empirically (Fig. understandings of justice, derive policy mea-
3.1, right side). The second assumption—that sures, and discuss them with others in their party
conceptions of justice are socially determined— and with their political opponents; interest groups
is depicted by the schema as a whole; it requires and other actors of civil society may also ground
first going down from macro to micro and show- their claims in justice conceptions and discuss
ing how individual justice conceptions are them in public debates. All these discourses
affected by the social situation in which they reflect the different ways in which justice is
develop. As long as these social conditions are understood in a certain society at a certain point
reflected in the individual justice conceptions, in time. Discourse analysis is the second area of
they produce patterns on the macrolevel (differ- sociological justice research. As a result of the
ences among groups in a society or among societ- above, attitude research and research on behavior
ies). The third assumption (Fig. 3.2) is that shared are the two other fields of justice research that
justice conceptions as a collective phenomenon may provide explanations of how societal condi-
exist outside the individual; they affect the indi- tions affect existing justice conceptions and how
vidual’s justice perceptions and preferences and justice can be regarded as a social force that
may cause certain justice-motivated behavior affects the behavior of individuals as well as the
(e.g., protest behavior or slacking off in the work- structure of a society. These four areas of socio-
place). These behaviors have some consequences logical justice research will now be described in
on the macrolevel. The slanted arrows in Figs. more detail, with examples from both early and
3.1 and 3.2 refer to social mechanisms, which recent research.
need to be identified and empirically proved by
sociological justice research; the lower horizon-
tal arrows denote psychological mechanisms that 3.2.1 Identifying Conceptions
explain why individuals show certain justice- of Justice Within Societal
motivated behaviors. Institutions
By means of this multilevel model for justice
research, we can also identify what needs to be The first area of sociological justice research is
studied in order to get a proper description of the based on the observation that conceptions of jus-
phenomenon and to arrive at satisfactory expla- tice materialize in societal institutions over time
nations. We have to start on the macrolevel and (Mau, 2004; Mau & Veghte, 2007). The basic
identify the existing conceptions of justice within institutional structures and the laws and other
a society. This must be done because individual rules for allocating or distributing goods and bur-
justice attitudes are affected by distributive prac- dens are the result of previous political debates,
tices, by existing rules for the allocation of political conflicts, and political or bureaucratic
rewards and burdens, and by the attitudes and decisions. Certain societal actors succeed in
opinions of the members of social aggregates. establishing rules and institutions (e.g., unem-
These justice conceptions materialize in the insti- ployment or health insurance, pension systems,
tutional structure and in the allocation practices collective bargaining systems, employment legis-
and rules of these institutions. lation) that not only are in their own interest but
Institutional analysis is therefore the first area also reflect their views of justice (Rotman, 2014).
of sociological justice research. But there are also Comparative research on the welfare state shows
44 S. Liebig and C. Sauer

that there is significant variation among societies financial burdens are distributed. (For a more
with respect to the underlying normative logic of detailed discussion of welfare states and justice,
the basic institutional structure and the rules that see Sachweh, 2016, Chap. 16 of this handbook).
govern the allocation of goods and burdens The liberal, or minimal, welfare state is strongly
within each institution (Mau, 2004). Institutional governed by the idea that only the needy require
structures and institutional rules are characterized highly restricted state support (need); the conser-
by a high degree of inertia and path dependence, vative regime is based on the idea that welfare
especially in relation to the underlying concep- state benefits should depend on the amount of
tions of justice (Torp, 2011). In reconstructing earlier contributions and should preserve the sta-
the normative logic of societal institutions, insti- tus acquired within the workforce (entitlement);
tutional analysis is capable of identifying shared and the social democratic regime is equality ori-
justice conceptions that are part of a society’s tra- ented in that it provides equal support for every
dition and cultural heritage. citizen (equality). Outside the world of ideal
The basic idea of the institutional approach is types—i.e., in specific welfare states—it is not
that justice conceptions gradually permeate dif- likely that there is only one justice principle guid-
ferent institutional regimes in the political, eco- ing the distribution of welfare benefits and bur-
nomic, and welfare state realms. Thus, the aim dens. As Torp (2010) has shown for Great Britain
of the research is to disentangle the implicit jus- and Germany, examples of liberal and conserva-
tice conceptions within the existing distributive tive welfare states, respectively, the “British wel-
structures and practices. There are at least three fare state entails a link between the norms of
major research lines. The first involves identify- equality and neediness, whereas in Germany the
ing the justice conceptions in the blueprints of principle of equivalence between contributions
societal institutions and the processes and mech- and benefits is deeply rooted” (Torp, 2010, p. 11).
anisms by which they affect the actual distribu- However, Torp has identified a convergence in
tion of benefits and burdens in a society. The the institutional arrangements over the last
second line asks how just or unjust institutional decades as the need principle has become increas-
designs appear to be and which political, soci- ingly important and new concepts of justice have
etal, or economic consequences are related to been developed that broach the issues of gender,
them. The third line is concerned with the ques- family, and generation. Although most of the
tion of how institutions shape justice attitudes of research focuses on the normative logic of wel-
citizens within a society. Most of the contribu- fare state institutions, there are also distinct nor-
tions in all three lines come from comparative mative conceptions governing a society’s
studies of the welfare state and are rooted in production system and its institutional setup.
political science or sociology (e.g., Clasen & van Schröder (2009) has identified the normative
Oorschot, 2002; Mau, 2004; Merkel, 2002; links between Esping-Andersen’s three types of
Rothstein, 1998). welfare states and the types of production sys-
One example of the first line of research, and tems (coordinated vs. liberal) that are discussed
the most prominent, albeit widely criticized, is in the literature on the “varieties of capitalism.”
the typology of welfare states described by A more general view of the institutional
Esping-Andersen (1990). His model of “three designs and their underlying justice conceptions
worlds of welfare capitalism” distinguishes three has been presented by Miller (1979, 1999).
ideal types of welfare states: “liberal,” “conserva- Drawing on history, Miller shows that concep-
tive,” and “social democratic.” These three tions of justice are related in a systematic way to
regimes differ in the basic normative principles the basic structure of a society. In primitive, hier-
governing the institutional design of the social archical, and market societies, not only does the
security system and, more importantly, in the content—i.e., the predominant justice principle
norms and regulations that define who is entitled that governs distributive practices—vary histori-
to what kind of welfare services and how the cally, but so does the role of social justice.
3 Sociology of Justice 45

The question of how conceptions of justice individual actors. These institutions not only
shape the distributive practices of institutions is shape the distribution of various benefits and
addressed by Elster’s (1992) “local justice” burdens, they also function as agents of social-
approach. Its basic aim is to study the decision- ization and contextualize the formation of jus-
making processes within institutions or organi- tice attitudes. The influence of social
zations and to prove whether or not, and how, institutions on individual justice attitudes is
the justice conceptions of different stakehold- the subject of the third line of research, which
ers within an institution affect decisions and consists mainly of comparative studies of the
institutional designs. According to research on welfare state (e.g., Mau, 2004; Svallfors,
the distributive practices in different institu- 2003). As individuals witness how decisions
tions of the welfare state and the economy, jus- are made within institutions, they learn which
tice conceptions are used mainly for ex post conceptions of justice are appropriate instru-
legitimation, and the institutional logic, one ments for resolving conflicts regarding the dis-
example of which is economic effectiveness, is tribution of goods and burdens. In this sense,
more important for individual decisions than institutions’ conceptions of justice precede
are justice considerations. those of individuals; they determine the
Whereas the first line of research is primarily available justice conceptions in a society; and
interested in description, the second hovers they affect stability or change over time.
between the borders of normativity and descrip-
tion. This is particularly apparent in the work of
Rothstein (1998), who draws attention to the nec- 3.2.2 Identifying Conceptions
essary unity between institutions of societies and of Justice in Societal
moral expectations of citizens. In his view, just Discourses
institutions are essential for the social function-
ing of societies from both a normative and an Within a society, shared conceptions of justice
empirical perspective. Goodin, Headey, Muffels, are not limited to those already imprinted into the
and Dirven (1999) argue that a just society is one societal institutions. Certain normative ideas may
in which the distributive practices are in line with not yet be part of the “blueprints” and allocation
the institutional imperatives. The task, then, is to practices of existing institutions but are neverthe-
describe the existing logic and practices of insti- less an integral part of philosophical, political,
tutions and compare them with the self-stated and public debates. Following the legacy of one
normative claims of the respective institution. of the founding fathers of sociology, Emile
From the literature on normative justice, Merkel Durkheim, the sociological approach to justice
(2002) distilled five goals of distributive justice has to include such normative discourses—not
in modern societies and then asked to what extent because sociology can decide which philosophi-
these goals are met by the three types of welfare cal or political positions are right or wrong but
states, arriving at a hierarchy of “just societies.” because the views expressed provide information
Soltan (1987) suggested another, quite different about how justice is understood within a society
approach: An institutional arrangement is just to at a particular point in time. Hence, philosophical
the extent that it can command voluntary compli- conceptions or the justice conceptions of various
ance and willingness to participate and be imple- actors in the public arena constitute data points
mented successfully. To identify just institutional on the macrolevel that have the same epistemo-
arrangements, one has to compare the institu- logical status as aggregated measures of attitudes
tional design with the actual outcome of an of “lay” individuals; they are part of the stock of
institution. empirical data that must be considered when jus-
Since societal institutions constitute the tice is studied as a social phenomenon.
macrolevel of a society, they are an important Thus, this second area of research concen-
factor in determining the social situation of trates on justice-related discourses within a soci-
46 S. Liebig and C. Sauer

ety. One reason for considering societal and the content of moral positions and moral
discourses is that they may reflect structural con- reflections. So the question is not only if, or under
ditions within a society. Issues of justice and the what societal circumstances, public debates on
substantial ideas expressed may emerge and be justice issues occur, but also which conceptions
debated as a consequence of certain structural and notions of justice are formulated and how
conditions or changes in a society (Durkheim, they correlate with societal conditions (Bankston,
1887/1993; Miller, 1979, 1999).2 Justice issues 2010; Brodie, 2007).
may find their way into public debates, for exam- To identify the conceptions of justice preva-
ple, as a consequence of growing income inequal- lent in a society at a certain point in time, two
ities. In this case, sociological justice analysis methodological approaches can be used. One
will describe the discourses about the role of jus- approach is to use qualitative research methods
tice and the rules of distribution of goods and and to study public discourses in the media and in
burdens in a society as a function of the structural the political sphere; the other is to rely on opinion
conditions of that society. polls. An example of the first approach is the
There is some evidence that the presence of study by Volkmann (2004), who analyzed articles
justice issues in political, academic, and public in two German newspapers, a liberal and a con-
debates and the substantial meaning assigned to servative one, on the concepts of justice being
justice do indeed result from structural changes expressed when the German Bundestag was con-
in a society. One example from the academic sidering a reform of the national pension scheme
realm is John Rawls’ highly influential philo- in 2000. Volkmann found that the two newspa-
sophical work A Theory of Justice (1973) (see pers agreed that the need principle was the basic
Meyer & Sanklecha, 2016, Chap. 2 of this hand- distributive rule governing a pension scheme;
book). Rawls’ book was published in the wake of however, they differed in their opinions about
a period of political disputes and conflicts sur- how much inequality should be generated among
rounding civil rights in the United States. The the retirees and how the burden of contributions
philosophical debates following its publication should be distributed. Volkmann concluded that
were embedded in societal developments that beyond the fine line of need-based justice there
were taking place in the United States and in was no consensus on justice issues.
most other Western countries. These debates How justice conceptions are used in public
were characterized by increasing inequality in debates and how they can be reconstructed by
income and wealth during the 1970s and 1980s discourse analysis has also been studied by
and certainly fueled the interest in social justice, Rokicka and Warzywoda-Kruszyńska (2006).
which had been neglected in political philosophy The authors analyzed the use of justice concep-
for quite a long time. However, Durkheim’s idea tions in two Polish newspapers over a certain
of studying moral beliefs in a society went one period of time during the transition and asked
step farther. He assumed that there are systematic how justice concerns were used to legitimize dif-
relationships between the structural conditions ferent political positions. Reeher (1996) con-
ducted structured, open-ended interviews with
2
The idea that moral beliefs and moral sentiments reflect legislators in Connecticut to determine the mean-
the structural conditions of a particular society was origi- ing they assigned to social justice, what their
nally formulated by Émile Durkheim. According to him, individual justice conceptions were, and how
the task of sociology as a moral science was to study the
they used these conceptions in the political
different expressions of morality empirically and to show
how they are affected by the structural conditions within a sphere. Another example is a study by Rotman
society. For Luhmann (1996), this entails the accurate (2014), who analyzed the parliamentary debates
observation of how and under what structural conditions about the national budget that took place in Israel
moral and ethical questions are communicated within a
between 1974 and 2009 in order to determine
society. The assumption is that there are correlations
between the semantic forms of ethical reflections and the what conceptions of justice were used to justify
social structures of a society. the various political positions, and how. He found
3 Sociology of Justice 47

that over time different concepts of justice were Up to this point, the examples presented use
used to legitimize the political claims and that qualitative research methods to describe justice
there was “a gradually deepening confrontation as a social phenomenon. The other methodologi-
between a conception of justice that puts the cal approach to identifying a particular society’s
economy at the top priority and a conception that conceptions of justice is to use opinion polls,
puts the benefit of the citizen and the society with large population samples providing the basis
before the economy” (Rotman, 2014, p. 24; see for describing a society’s views on justice issues.
also Opotow & Belmonte, 2016, Chap. 24 of this The main focus of this approach is on aggregated
handbook). patterns of attitudes in a society and on their
Another body of literature focuses on the development. In most cases, the issues include
changing conception of justice within a society. perceptions of economic fairness, distributive
Whereas the political science literature is inter- justice with regard to income and wealth, and jus-
ested in how stakeholders in the political arena use tice of opportunities. Recently, a growing number
different concepts of justice to legitimize their of studies have been conducted and data for dif-
claims and in how these concepts affect political ferent societies and points in time have been pro-
decisions and legislation, sociological discourse vided by public opinion research centers such as
analysis aims to identify the structural or, more Gallup in the United States and the Allensbach
generally, the societal conditions that explain the Institute in Germany. Since 2001, Gallup has
changing conceptions in a society. In 2002, Vivien been monitoring the perceived justice of income
Schmidt published the results of her analysis of taxes, and a 2013 poll indicated that 55 % of US
political discourses about the role of values and citizens considered their income taxes to be fair,
justice conceptions in public and political dis- the lowest percentage reported since the initial
courses during the late 1990s and early 2000s in poll taken in 2001.3
Europe (Schmidt, 2002). Based on Schmidt’s find- Another interesting example is a 2012 poll
ings, Leisering (2004) identified four paradigms of on the perception and evaluation of income
social justice that underlie public debates on wel- inequalities in the United States carried out by
fare state reforms in Germany: (1) a need-based the Pew Research Center. The conclusion was
concept with welfare state transfers based solely that the American people “don’t necessarily
on socially defined basic needs; (2) an effort- want to take money from the wealthy; they just
related concept in which individual achievements want a better chance to get rich themselves.
in the work sphere are crucial for any welfare state They care about policies that give everyone a
transfers; (3) a “productivist” concept, which fair shot” (Kohut, 2012).
states that the distribution of goods and burdens What makes these kinds of studies valuable
should maximize welfare overall within a society; is that they provide information about what indi-
and (4) the concept of participatory justice, which viduals think about justice and to what extent
aims to enable all individuals to take part in the their perceptions are shared within a society.
economic, social, and cultural life of a society and What these studies are not capable of is provid-
to achieve their life goals. Whereas the first two ing theory-based explanations for why these
concepts are based on the classical idea of the state justice attitudes emerge and why they are stable
as a redistributive agency that focuses mainly on or change over time. In order to answer the three
income and wealth, the last two concepts ask for a basic “why problems” of sociological justice
social investment in the state’s spending money to research and thus to provide causal explana-
increase the opportunities of citizens. Leisering tions, we must concentrate on the microlevel
thus shows that the political debates in Germany and study individual attitudes and behavior. As
before 1990 were dominated by the classical con- will be discussed in the following two sections,
cepts, whereas in the early 2000s, the productivist
and participatory concepts gained more influence 3
http://www.gallup.com/poll/161780/fewer-americans-
(see also Brettschneider, 2007). view-income-taxes-fair.aspx.
48 S. Liebig and C. Sauer

attitudinal justice research is needed to verify Parsons’ structural-functionalist theory and Marx’s
the assumption of the social conditionality of theory of capitalism—there was no place for study-
justice, whereas behavioral justice research is ing justice attitudes empirically, either because
needed to identify the consequences of justice individuals were not the focus of the theory or
as a social force. because justice was understood entirely as a nor-
mative category.
With the fall of the Berlin Wall and its conse-
3.2.3 The Social Conditionality quences for Central and Eastern Europe, issues of
of Justice Attitudes social justice and the related attitudes and beliefs
drew the attention of sociologists carrying out
For a long time, attitudinal justice research was comparative attitude research (Kluegel, Mason,
dominated by contributions from psychology. & Wegener, 1995). However, during the 1990s
However, central theoretical models that guided and after 2000, formerly Communist transforma-
empirical research since the 1950s originally tion societies were faced with a steady increase in
developed within sociology, namely the theory of income and wealth inequality, as did the Western
relative deprivation and equity theory. For one, it societies. As a result, the perception and evalua-
was the sociologist Samuel A. Stouffer who in tion of income inequalities became an object of
his famous study The American Soldier, con- research concerning welfare states and inequality
ducted during the Second World War, discovered and of classical stratification research (Hadler,
that it was not the objective but rather the relative 2005; Kelley & Evans, 2009; Kunovich &
mobility chances within military units that deter- Slomczynski, 2007; Sachweh & Olafsdottir,
mined soldiers’ feelings of deprivation. This 2012; Verwiebe & Wegener, 2000).4 In contrast
empirical finding describes the central idea of the to opinion research, the aim of comparative atti-
theory of relative deprivation; we compare our tude research was not just to identify shared
own situation or the situation of our group with understandings but to explain why certain pat-
the situations of others, develop a sense of enti- terns of justice attitudes exist in a society in the
tlement through this comparison, and feel discon- first place.
tent when our own situation does not meet our
expectations. Although the theory is compelling,
it does not allow for predictions about which 3.2.4 Behavioral Consequences
individuals will engage in such comparisons and of Justice
what exactly can be expected from upward,
downward, or lateral comparisons. Since its beginnings, empirical justice research
Conversely, the basic idea of equity theory can has been focusing primarily on how individuals
be found in the early work of the sociologist George behave when they perceive an injustice. Studies
C. Homans, who noted that “a man in an exchange conducted in the 1950s had already shown that
relation with another will expect that the rewards of behavior at the workplace was affected to a great
each man be proportional to his costs—the greater extent by justice concerns (Homans, 1953).
the rewards, the greater the costs—and that the net During the last 30 years, justice-motivated behav-
rewards, or profits, of each man be proportional to ior within organizations has been studied mainly
his investments—the greater the investments, the by psychologists (see Colquitt, Conlon, Wesson,
greater the profit” (Homans, 1961, p. 75). From the Porter, & Ng, 2001), who found that justice or
1960s to the late 1980s, justice attitudes were not injustice matters in the way that perceived injus-
the focus of sociological research, one reason being
that at this time sociology was much more inter- 4
At that time, questionnaire items on justice attitudes had
ested in “grand theories” that would explain societ-
already found their way into various national and interna-
ies from a macroperspective (Alexander, 1987). tional survey programs such as the General Social Survey
Within the two dominant theoretical paradigms— and the International Social Survey Program.
3 Sociology of Justice 49

tice reduces commitment, effort, and trust in Fehr & Schmidt, 2006). The problem with this
management and supervisors and related research is that the experiments involved mainly
behavioral forms (van Dijke & De Cremer, 2016, students of economics and that the samples were
Chap. 17 of this handbook). homogeneous with respect to age, education,
Some attempts have been made to study the cultural background, and so on.
consequences of perceived injustice within other Assuming that preferences for certain justice
realms of behavior. A major concern, for exam- conceptions result from learning processes, pro-
ple, is behavior in the political realm, such as vot- cesses of socialization or comparisons made over
ing behavior or protest activities (see Mühleck, a lifetime, and being part of a cultural heritage,
2009; Rasinski, 1988). The problem with this the findings reported by the behavioral econo-
kind of research is that it tends to rely on self- mists may have high internal validity but very
reports or behavioral intentions rather than on low external validity, meaning that they reflect
observed behavior. Economists in particular are justice conceptions of a certain group of individ-
critical of such a research strategy because it can- uals but not general patterns. Furthermore, exper-
not reveal individuals’ behavior; they argue that imental conditions hardly resemble real-life
questionnaire-based research presents respon- circumstances; similar to the problem of self-
dents with low-risk situations, implying that reporting in surveys, individuals’ behavior in the
expressing one’s political behavior on a question- laboratory does not necessarily reflect their
naire is one thing, whereas actually behaving in behavior in real life. One solution, from a socio-
the stated way, and bearing the related costs, is logical point of view, would be to study behavior
quite another. in different cultural contexts and within heteroge-
During the last 20 years, another branch of neous samples.
behavioral justice research has developed. The study by Henrich et al. (2010) included
Frohlich and Oppenheimer (1992) conducted institutional and cultural contexts by running
experiments in which they simulated the origi- identical experiments in 15 diverse societies
nal position stated in the justice theory put forth and populations. These investigators looked at
by Rawls (1973) and asked subjects to make how fairness-related behavior in the dictator,
choices regarding the rules governing the distri- ultimatum, and third-party punishment games
bution of income in a fictitious society. What was connected to the existence of institutions
they found was that, contrary to Rawls’ theory, that maintain fairness in exchange relations
people endorsed an upper limit within the (i.e., markets and religion). They found that
income distribution. The results of Mitchell, individuals who lived in small communities
Tetlock, Mellers, and Ordóñez (1993) pointed in that did not have such institutions were much
the same direction. This kind of research has less concerned with justice in transactions
been complemented in the last 20 years by a involving strangers. The results of this study
growing number of experiments in the field of support the assumption that fairness-related
economics. (For a thorough review of the litera- behavior not only is driven by innate psychol-
ture, see Konow & Schwettmann, 2016, Chap. 5 ogy but also depends on existing societal norms
of this handbook). Originally motivated by the and institutions. However, in addition to the
intention to criticize the neoclassical model of problem of cultural heterogeneity, from a soci-
man within classical economics, researchers ological point of view, behavioral analyses
began experimenting to see how people allo- must also consider the social context in which
cated money between themselves and others. By an individual behaves. Most individual actions
applying strategic games based on game theory do not occur in solitude; rather, individuals are
and by varying situational conditions within affected by how others around them behave,
experiments, behavioral economists have that is, by rules that determine which behaviors
increasingly shown that individual behavior is are accepted and which are condemned (see
indeed motivated by justice considerations (see Hegtvedt & Johnson, 2000).
50 S. Liebig and C. Sauer

By applying the multilevel model of explana- achieved. Extending Wegener’s (1992) classifica-
tion, we were able to identify two basic research tion, one can distinguish (1) order-related, (2)
areas on the macrolevel and two on the micro- procedural, and (3) outcome-related attitudes in
level. Since the major theoretical and empirical the study of justice.
contributions within sociological justice research
over the last 30 years have come from survey- Order related justice attitudes. Research on
based attitudinal research, we will now review order-related justice attitudes seeks to establish
the main theoretical models (Berger, Zelditch, why individuals prefer certain distributive prin-
Anderson, & Cohen, 1972; Jasso, 1980; ciples in a social situation. In keeping with psy-
Markovsky, 1985; Stolte, 1987) and some of the chological justice research, at least four principles
most relevant empirical results. can be distinguished (Deutsch, 1975; Konow,
2001; Miller, 1999): equality (everyone should
receive the same); equity (benefits and burdens
3.3 Theoretical Models should be distributed proportional to individual
and Empirical Findings investments); need (everyone should get enough
of Sociological Research to cover basic needs); and entitlement (individu-
on Justice Attitudes als should receive benefits or burdens according
to their ascribed or achieved status characteris-
By the late 1940s and early 1950s, researchers tics, such as gender, education, occupation, or
had concluded that ideas about what is just or origin). One of the key empirical findings is that
unjust in a particular situation are not idiosyn- there is a homology between type of social rela-
cratic but instead reflect intrapersonal and inter- tionship and application of the justice principles.
personal regularities as a result of psychological, In long-term, strong-tie relationships, equality,
social, and situational conditions (Homans, 1953; and need-related rules are preferred, whereas in
Stouffer, Suchman, DeVinney, Star, & Williams, short term, competitive relationships, the equity
1949). At the same time, it has become clear that principle dominates, and in hierarchical relation-
the fulfillment or nonfulfillment of individual ships, entitlement is important (Törnblom, 1992).
conceptions of justice is connected to attitudinal The stronger the social embeddedness in the allo-
and behavioral reactions, which in turn have an cation decisions—e.g., through direct personal
effect on different social processes.5 Sociological contact with other subjects or the experimenter—
justice research was first concerned with individ- the faster subjects base their decisions on the
uals’ perceptions about income inequalities and principles of equality or need (Konow, 2001).
their evaluations with regard to justice (Alwin, This applies even when respondents have to
1987; Kluegel & Smith, 1986; Mirowsky, 1987; choose a fair distribution of income in a society
Robinson & Bell, 1978; Shepelak, 1989; (Liebig et al. 2015, Traub, Seidl, & Schmidt,
Shepelak & Alwin, 1986). Using data from cross- 2009). By the early 1980s, it was demonstrated
sectional population surveys, researchers were that not only does the type of social relationship
able to test for differences among individuals determine the selection of a justice principle but
with various sociodemographic characteristics the reverse is also true: the validity and applica-
such as gender, race, age, education, and income. tion of the relevant principle of justice also has an
Over time, however, it has become clear that indi- effect on the nature of the social relationship.
viduals have expectations regarding not only the Equality or need-based rules strengthen close,
justice of distribution of outcomes but also the long-term relationships; rules based on the equity
way in which distributional outcomes are principle create competitive, short-term relation-
ships (Schwinger, 1981).
5
One of the first empirical studies of the 1950s showed The “logic of justice” shown in the homol-
that employees reduced their quantitative and qualitative ogy between type of social relationship and the
work effort if they considered their income to be unjustly
respective justice principle can be described
low (Homans, 1953).
3 Sociology of Justice 51

Fig. 3.3 The logic of Type 1 Type 2


order-related justice:
homology between type of Solidary communities: Hierarchical relationships:
social relationship and justice
principle. Source: Authors’ Family Organization
compilation based on Fiske
(1993)
Need Entitlement

Type 3 Type 4

Long-term social exchange relationships: Short-term economic exchange

Nonhierarchical networks, peer groups, relationships: Market

cooperatives

Equality Equity

Source: Authors’ compilation based on Fiske (1993)

with a higher degree of differentiation by using higher-ranking individuals have the power to
a typology introduced by Fiske (1993). Fiske sanction subordinates should they not follow
assumed that there are four ideal types of social the instructions, and they take responsibility for
relationships (see Fig. 3.3). The first type of the lower-ranking individuals who, in turn, rec-
social relationship is characterized by strong ognize the higher-ranking individuals’ author-
ties and long-term relations between the indi- ity. The corresponding principle of justice is
viduals. The individual is integrated in the entitlement. All individuals get what they are
community (Gemeinschaft, in the terminology entitled to according to their position in the
of Tönnies, 1887), in which all members share hierarchical structure.
the same origin and identity. These communi- The third type of social relationship is marked
ties define themselves as “solidary communi- by an absence of rank differences. Examples
ties” in which helping one another is a matter include nonhierarchical networks, peer groups,
of course. They do this to ensure the survival of and cooperatives. Members treat one another as
their own group or family and, from an evolu- equals despite individual differences, and every-
tionary perspective, the survival of their one has the same rights and duties. Relationships
descendants and their genes. The classical are dominated by mutual exchange in which, fol-
examples are families or clans based on kin- lowing the principle of strict reciprocity, rewards
ship relations. The distribution rule seen as just and inputs among individuals are balanced. The
in those relationships is the need principle: dominant principle of justice is equality.
everyone gets as much as is needed to survive. The fourth type of social relationship is
The second type of social relationship is defined by short-term relationships among
characterized by hierarchical relations. strangers. It is typical of market relations, which
Examples include hierarchical feudal societies are economic exchange relations in which indi-
(Ständegesellschaften) and bureaucratic organi- vidual actors offer goods and services to
zations with different hierarchical levels in maximize their personal benefit. The justice
which each level has authority over the subor- principle related to this type is equity.
dinate levels. In these contexts, the responsibil- We can conclude from this model that the
ity of higher-ranking individuals is to give meaning of justice is not based on any single
instructions to lower-ranking individuals. The principle that is superior to any other, competing
52 S. Liebig and C. Sauer

principle. Individuals can regard different dis- 1995b). The assumption is that through socializa-
tributive principles as just, applying each of them tion processes, individuals learn conceptions of
to different situations according to typical social justice and how to resolve conflicts over the allo-
relationships among the receiving parties, the cation or distribution of benefits and burdens.
type of goods or burdens being allocated, and The preference for a particular principle of jus-
other attributes. tice is the result of a “normative orientation,”
Although the individual principles lack con- which is itself the result of socialization pro-
ceptual clarity, the implication of classifying jus- cesses (Wegener & Liebig, 1995a). Justice atti-
tice principles into specific institutionalized social tudes also depend on individuals’ position in the
contexts is that applying an inappropriate princi- inequality structure of a society because they pre-
ple of justice in a specific situation can result in an fer those principles which give them an advan-
experience of injustice. In reference to Durkheim tage in the allocation of goods and burdens. In
and sociological neoinstitutionalism (see Meyer this case, individuals are guided by their rational
& Rowan, 1977), injustice is thus a kind of interests (“rational orientation,” Wegener &
“decoupling” of the normative logic of the struc- Liebig, 1995a). Evidence for such status-
ture and existing allocation and distributive prac- dependent preferences for principles of justice is
tices or outcomes (see also Goodin et al., 1999). plentiful (see, e.g., Gerlitz et al., 2012; Kunovich
Another source of experienced injustice is a dif- & Slomczynski, 2007). It confirms the assump-
ference of opinions about which type of social tion that low-status individuals prefer the equal-
relationship dominates in a specific context. If one ity principle, whereas high-status individuals
defines the society as a community that is based favor entitlement or equity (Sachweh &
on having the same origin, the need principle Olafsdottir, 2012). How individuals translate
would be seen as the dominant distribution rule; if position-related interests into justice attitudes has
one defines the society as an aggregate of indi- not yet been explained convincingly.
viduals who struggle for their individual benefits,
the equity principle would be dominant in resolv- Procedural justice attitudes. When evaluators
ing societal distribution processes. have assessed the procedures for distribution
Order-related justice attitudes vary signifi- processes, they have found no differences in cul-
cantly among nations and cultures (Fischer & ture or status. An indicator of the importance of
Smith, 2003). This was shown in a series of stud- procedural justice is that individuals accept unfa-
ies from the 1990s, in which, for example, vorable outcomes if these outcomes result from
respondents from the United States showed a sig- fair decision-making processes. In a recent study,
nificantly greater preference for the equity prin- Struck, Pfeifer, and Krause (2008) have shown
ciple than did respondents from European that layoffs are more likely to be perceived as fair
countries such as Sweden and Germany, who if they occur in compliance with comprehensible
showed greater agreement with the equality or rules. This finding also indicates that negative
entitlement principle (Haller, Mach, & Zwicky, outcomes are considered just if they are the result
1995; Wegener & Liebig, 1995a). These findings of a just decision-making process. The outstanding
appear to have stabilized over the years, as has importance of procedural justice is connected to
been shown in recent studies that included addi- the decision-making process and the “group
tional countries (e.g., Blekesaune & Quadagno, value” (Lind & Tyler, 1988) that it reveals,
2003; Fişek & Hysom, 2008; Gerlitz, Mühleck, including whether individuals are recognized as
Scheller, & Schrenker, 2012; Jasso & Meyersson members of a society, an organization, or a group,
Milgrom, 2008). The results can be interpreted as and whether their interests are taken seriously.
expressions of cultural differences between coun- Decision-making processes that are perceived as
tries because they emerge, for example, from dif- unfair therefore indicate a disregard for individ-
ferent religious traditions or political cultures ual interests and needs (Tyler, Degoey, & Smith,
(Gerlitz et al., 2012; Wegener & Liebig, 1995a, 1996). Criteria for procedural justice include the
3 Sociology of Justice 53

principle of equal treatment, whether objections as proportional equality based on status (see
can be formulated, and whether the decision- Berger et al., 1972).
making processes are transparent, comprehensi- In contrast to equity theory, status value the-
ble, and revisable. ory not only refers to a local (dyadic) comparison
but also expands the frame of reference to a “gen-
Outcome-related justice attitudes. Outcome- eralized other.” The actual rewards (e.g., individ-
related evaluations of justice do not depend on ual gross earnings) are thereby compared with
the question of which rules should apply but on the just rewards (e.g., the average gross earnings
the actual results of allocation and distribution of someone with a similar status in the same
processes. Here, the focus is on the amount of occupational group). The approach therefore
goods an individual holds (e.g., the actual accounts for structural conditions and general
earned income) or the burdens with which norms that are important for justice evaluations.
someone must cope (e.g., income tax) (Liebig & The justice evaluation theory developed by
Mau, 2007). A condition for applying the cate- Jasso (1978, 1980, 1986) and by Jasso and
gory of justice on distributive outcomes is, Wegener (1997) assumes that a justice evalua-
apparently, that the allocation of goods or bur- tion, J, can be represented by the logarithmic
dens is basically the result of the actions of indi- ratio of the actual holdings, A, and the holdings
viduals or institutions, and thus personal or perceived as just, C [(J = ln(A/C)]. If A takes the
institutional responsibilities can be addressed. same value as C, then the justice evaluation is 0;
Inequalities are considered and perceived as the outcome is rated as fair. If the perceived just
unjust only when the distribution is brought holding C is higher than the actual holding A, the
about by an intentional act or omission of an individual feels undercompensated. In the case of
action and when the responsible actors cannot overcompensation, the actual holding A is higher
provide sufficient justification for the violation than the perceived fair holding C; J takes a value
of expectations regarded as legitimate (Mikula, greater than 0. The theory makes up for the weak-
2002, p. 268). nesses of previous specifications by generalizing
The main focus of these theoretical models comparison processes (in contrast to the dyadic
has been the justice evaluation process itself, comparisons in the equity approach) and by sug-
regarded as a comparison process in which indi- gesting an independent unit for justice evalua-
viduals compare their holdings with those of oth- tions (in contrast to status value theory). The
ers. One can derive from equity theory (Adams, justice evaluation theory is the mathematical core
1965; Homans, 1974) the idea that individuals do of a broader research program that allows a
not consider equality of income per se to be just; reconstruction of how the intrapsychological
rather, they consider inequalities of earnings to mechanisms in justice evaluation processes work.
be legitimate if these inequalities are based on Moreover, the justice indices related to this mea-
different inputs; equality of earnings is consid- sure allow for conclusions to be drawn about the
ered legitimate only if the efforts are the same. general degree of injustice in a society. Therefore,
Thus, the equity principle seeks to achieve rela- the theory includes both a microperspective and a
tive equality. Moreover, justice can be defined macroperspective on justice (see Jasso, 2012;
only as a relative measure. There is no objective, Markovsky & Eriksson, 2012a, 2012b).
absolute value for fair rewards because fairness Markovsky (1985) formulated a multilevel the-
does not depend on one’s own efforts alone but ory of justice that integrates individual and group
also on the efforts of a reference individual. The comparisons into one justice evaluation theory.
critical points of this approach are that the prin- Social comparison is the most important
ciple is valid only in specific social contexts generic psychological mechanism in outcome-
(exchange situations) and that the comparison is related justice attitudes (Stouffer et al., 1949;
“anomic” in that there is no general reference Törnblom, 1992). Individuals assess their own
structure. Status value theory formalizes justice outcomes or the outcomes of others by comparing
54 S. Liebig and C. Sauer

them with different reference individuals and ref- characteristics are (Runciman, 1966), one could
erence groups, using their reward or burden level say that there are commonly shared social stan-
as benchmarks. Which reference individuals or dards, particularly in relation to earnings. Formal
reference groups are selected has not yet been education, work experience, and occupation are
determined with any degree of certainty. Major considered important determinants of earnings
(1994) identifies three determinants for identify- across countries and groups of respondents
ing referent standards: (1) structural conditions (general population, workers, students) and thus
such as closeness and salience of reference indi- pinpoint the relevant characteristics for (potential)
viduals or reference groups, (2) similarity in rel- reference individuals or reference groups (Jasso
evant characteristics, and (3) the motivation to & Rossi, 1977; Sauer, Auspurg, Hinz, Liebig, &
compare, in which Gibbons and Buunk (1999) Schupp, 2009).7
also include the dispositional tendency for social
comparisons. Here, it is decisive as to whether it
is an intragroup or intergroup comparison; the 3.4 Conclusion
first leads to an adjustment of expectations on the
existing level, the latter to a questioning of the This chapter provided an overview of the current
situation. state of theoretical and empirical sociological
Recent work (Buunk & Mussweiler, 2001) has justice research. Starting with the multilevel
emphasized the importance of structurally medi- model of sociological explanations and distin-
ated comparison possibilities (Buunk & Gibbons, guishing four approaches to empirical justice
2007) because they are mediated by households, research, we detailed the sociological view on
networks, or companies (Blau, 1994; Clark & justice. We have seen that the behavioral conse-
Senik, 2010; Kulik & Ambrose, 1992). Liebig, quences of justice perceptions in particular are
Sauer, and Schupp (2012) used longitudinal data still uncharted by sociological research. Taking
to show that comparisons between household the multilevel model as a blueprint for identify-
partners who have the same occupational status ing research questions within sociological justice
affect the justice evaluations of their own earnings. research, we also must note that practically no
Particularly for women, differences in pay related empirical research has been carried out on the
to gender become obvious in status-homogeneous mechanisms and conditions underlying the ways
households. In addition, research shows the in which individual justice behavior influences
importance of comparisons within occupational macrolevel outcomes in a society. Another desid-
groups and with other occupational groups eratum is a sociological theory to answer the two
(Sauer, Valet, & Liebig, 2013; Liebig, Sauer, & fundamental questions in justice research: (1)
Valet, 2013).6 Comparisons are based on clear why justice is an important phenomenon (cf.
ideas about what reward or punishment should be Liebig, Sauer & Hülle 2015) and (2) why indi-
connected with which characteristics (e.g., level viduals have different justice attitudes and
of education, occupation, gender). Since there beliefs. Answers to these questions require a gen-
appears to be a broad consensus on what these eral model of human behavior that can explain
why justice is rational and how social conditions
affect justice preferences. Future studies in the
6
The analysis is based on data provided by the German area of sociological justice research should focus
Socio-Economic Panel (SOEP). In this ongoing longitu-
primarily on the causal mechanisms of how jus-
dinal study, members of households are surveyed over
several years. The question concerning justice of earnings
has been included every 2 years since 2005. In the near
7
future, it will be possible to investigate changes of justice To identify those individual or situational characteristics
attitudes over individuals’ lifetimes and to investigate the that are considered essential to just rewards or burdens,
consequences of injustice as well as the determinants of the factorial survey is increasingly the method of choice
justice (Sauer & Valet, 2013; Schunck, Sauer, & Valet, for sociological research on justice (Liebig, Sauer, &
2015). Friedhoff, 2015; Wallander, 2009).
3 Sociology of Justice 55

tice attitudes emerge, how structural conditions (pp. 172–203). Cambridge, England: Cambridge
University Press.
shape and influence justice attitudes over the life
Brettschneider, A. (2007). Jenseits von Leistung und
course, how stable or fluent these attitudes are, Bedarf: Zur Systematisierung sozialpolitischer
and what the consequences of injustice are for Gerechtigkeitsdiskurse. Zeitschrift für Sozialreform,
individual behavior or well-being. For this pur- 53(4), 365–389.
Brodie, J. (2007). Reforming social justice in neoliberal
pose, longitudinal data are needed to investigate
times. Studies in Social Justice, 1(2), 93–107.
changes in justice attitudes over time and to dis- Bunge, M. (1998). Philosophy of science: From explana-
entangle the causal chain. tion to justification (Vol. 2). New Brunswick, NY:
Transaction.
Buunk, A. P., & Gibbons, F. X. (2007). Social compari-
Acknowledgments This chapter is an outcome of the
son: The end of a theory and the emergence of a field.
research project “The Legitimation of Inequalities—
Organizational Behavior and Human Decision
Structural Conditions of Justice Attitudes over the
Processes, 102(1), 3–21.
Lifespan,” which is funded by the German Research
Buunk, B. E., & Mussweiler, T. (2001). New directions in
Foundation (DFG) within the Collaborative Research
social comparison research. European Journal of
Center (Sonderforschungsbereich) 882 “From
Social Psychology, 31(5), 467–475.
Heterogeneities to Inequalities” at Bielefeld University,
Clark, A. E., & Senik, C. (2010). Who compares to
Germany. The authors are indebted to Assaf Rotman,
whom? The anatomy of income comparisons in
Clara Sabbagh, and an anonymous reviewer for their help-
Europe. The Economic Journal, 120(544), 573–594.
ful comments, critiques, and suggestions, and Rene
Clasen, J., & van Oorschot, W. (2002). Changing princi-
Reinholz and William White for language editing.
ples in European social security. European Journal of
Social Security, 4(2), 89–115.
Cohen, R. L. (1986). Justice: Views from the social sci-
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Psychology of Justice
4
Mario Gollwitzer and Jan-Willem van Prooijen

looks at these questions offers a unique contribu-


4.1 Introduction: A Psychology tion in various respects. Broadly speaking, most
of Justice philosophical approaches to justice focus on nor-
mative, objectifiable aspects and on the nature of
What do people consider as fair vs. unfair? Why justice-enforcing structures (what is just vs. unjust;
do they care about justice in the first place? How e.g., Rawls, 1971; see Meyer & Sanklecha, 2016,
do they respond to experienced or observed injus- Chap. 2 of this handbook). A psychology of jus-
tice? How do people differ from each other with tice, on the other hand, is more concerned with
regard to justice-related perceptions, attitudes, subjective aspects (what people perceive as just vs.
and dispositions? How does the social context unjust). Unlike the sociological perspective, which
shape how people think and feel about (in)justice typically defines justice on the basis of societal-
and how they respond to it? How do justice con- level structures and forces (e.g., Törnblom &
flicts arise between groups, and how can these Vermunt, 2007; see also Liebig & Sauer, 2016,
conflicts be solved? Chap. 3 of this handbook), a psychology of justice
These are typical questions that psychological is more strongly focused on the combination of
justice research has been addressing systemati- individual-level and situational processes leading
cally and empirically for more than 50 years now. to justice-related cognitions, affects, and behav-
Other scientific disciplines, such as philosophy, iors. Unlike the economical perspective, which
sociology, economics, or criminology, ask similar either defines justice as a system of resource distri-
questions and provide a converging perspective on butions (macro-level perspective; e.g., Fleurbaey,
the dynamics of justice in our society. Moreover, 2008) or as a system of individual rational choices
there is certainly a degree of overlap in the various (micro-level perspective; e.g., Bolton & Ockenfels,
approaches and theories that are endorsed by these 2000; see also Konow & Schwettmann, 2016,
disciplines. Yet, the angle from which psychology Chap. 5 of this handbook), a psychology of justice
is less interested in modeling structures, but rather
in understanding and explaining how people think
M. Gollwitzer (*) and feel about justice.
Philipps University Marburg, Marburg, Germany
The present chapter describes the current
e-mail: mario.gollwitzer@uni-marburg.de
state of affairs regarding the psychology of jus-
J.-W. van Prooijen
tice. We will try to give an overview of the most
VU University Amsterdam, Amsterdam,
The Netherlands influential psychological theories of (in)justice,
e-mail: j.w.van.prooijen@vu.nl we will describe a representative set of studies

© Springer Science+Business Media New York 2016 61


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_4
62 M. Gollwitzer and J.-W. van Prooijen

and empirical findings from justice research in nally sparked a conflict—respond to perceived
psychology, and we will discuss how these theo- group-based injustices.
ries and findings can be used (a) to better under-
stand justice-related perceptions, cognitions,
emotions, and behaviors, and (b) to contribute to 4.2 Individual Dynamics: Justice
peaceful solutions to justice conflicts in our “Within” People
daily lives.
This chapter is hierarchically, “vertically” Psychological justice research on the individual
organized. It describes psychological justice level has mainly been interested in three topics:
research on three different levels. The first, low- Justice-related motives, personality traits, and the
est level is the individual level: Sect. 4.2 focuses “moral self.” With regard to justice-related
on justice “within” the individual. We start by motives, psychological research has investigated
investigating individual needs, concerns, and whether justice is a motive in itself, a so-called
motives that may be able to explain whether, “primordial” motive, or rather a proxy reflecting
why, and under what circumstances people care other, potentially more basic motives or needs
about justice. This section also discusses how such as managing uncertainty, securing social
people differ in how they perceive, think about, acceptance, or maximizing one’s self-interest.
and react to justice. Finally, this section also With regard to justice-related personality traits,
describes theory and research demonstrating that psychological research has investigated how (and
people like to see themselves as being moral, why) people reliably differ from each other in
benevolent, and fair―although they some- justice-related attitudes and behavioral disposi-
times do not really behave that way. tions. With regard to the “moral self,” psycho-
The second level is the interpersonal level logical research has investigated how people
(Sect. 4.3). Justice and injustice manifest in how manage to uphold a positive moral self-concept,
two (and often more) people behave towards although their behavior sometimes contradicts
each other: how they distribute resources (“dis- the mandates of being fair and moral.
tributive justice”), what procedures people use to
make decisions (“procedural justice”), how
respectfully they treat each other informally in 4.2.1 Justice-Related Motives
direct interpersonal encounters (“interactional
justice”), how they follow vs. transgress social Justice, fairness, and morality are important top-
norms, and how they respond to such norm vio- ics in people’s lives. Perceptions of being treated
lations (“retributive justice”). In this section, we unfairly are usually accompanied by strong emo-
will discuss how people assess (in)justice in tions (anger, resentment, moral outrage) and by a
interpersonal relations, how they enforce justice strong motivation to act against the injustice, to
when other people violate justice norms, and restore justice, and to put the world back into bal-
how they restore justice to maintain social ance. This claim is not only backed up by anec-
relations. dotic examples, but also by countless findings
The third level is the intergroup level (Sect. from empirical studies. In the domain of distribu-
4.4). Many justice-related conflicts exist tive justice (which deals with the fairness of
between social groups or social “categories” exchanges and the distribution of goods and
such as companies, nations, or cultures. Wars resources; see Jasso, Törnblom, & Sabbagh,
that are led in response to terrorist attacks may 2016, Chap. 11 of this handbook), for instance, it
serve as an extreme example here. In this sec- has repeatedly been shown that people prefer
tion, we will discuss what leads people to com- equal payment for equal contributions. Being
mit injustices to members of other groups and paid less than others, despite equal contributions,
how group members—even those who were not only evokes strong feelings of anger and
originally uninvolved in the events that origi- resentment, but also compensatory actions that
4 Psychology of Justice 63

aim at reestablishing a sense of “equity.” For instance, by compensating underpayment with


example, underpaid workers have been found to lower job performance (see above). Equity theo-
lower their job performance or to steal from their rists have argued that the aversiveness of nega-
companies (Greenberg, 1982, 1993; Skarlicki & tive inequity reflects a rational self-interested
Folger, 1997)―behaviors that are now referred concern: an interest in justice for oneself, not an
to as counterproductive work behaviors (Cohen- interest in justice as such.
Charash & Spector, 2001). In the domain of pro- Various scholars have repeatedly challenged
cedural justice (which deals with the fairness of the notion of a dominant and singular self-interest
decision processes; see Vermunt & Steensma, motive (e.g., Miller & Ratner, 1998; Montada,
2016, Chap. 12 of this handbook), it has been 2002; Ratner & Miller, 2001; see also Montada &
shown that people swiftly withdraw their com- Maes, 2016, Chap. 6 of this handbook).
mitment and their willingness to adhere to social Accumulating research findings suggest that
norms if they feel that their opinions and needs rational self-interest is a rather narrow explana-
are not acknowledged by the authorities who tory framework for understanding human moti-
make decisions (Tyler, 2006). And finally, in the vations in general, and some justice-related
domain of retributive justice (which deals with phenomena in particular, such as:
the fairness of sanctions and other responses to
norm transgressions; see Wenzel & Okimoto, • The finding that people not only respond to
2016, Chap. 13 of this handbook), it has been negative inequity (e.g., being underpaid com-
found that ordinary people often have very clear pared to a colleague), but sometimes―albeit
opinions about what constitutes “just punish- to a lesser extent―also to positive inequity.
ment” in response to norm violations, and For example, studies have shown that people
whether and why they consider different forms of start working harder when they earn more than
punishment (such as the death penalty) as more they are entitled to or when their status has been
or less “just” (e.g., Ellsworth & Gross, 1994). increased (e.g., Greenberg, 1982, 1988).
These and many other findings suggest that • The finding that people are willing to reject
people deeply care about fairness and justice. At offers from another party if they think this
this point, one might argue that the finding that offer is unfair even though rejecting implies
people disapprove of being underpaid or being that they will not receive anything at all (Güth
disrespected rather reflects an egoistic motive et al., 1982).
instead of a justice motive. In fact, many theories • The finding that people are willing to sacrifice
that have strongly influenced social justice their own resources in order to help restoring
research are―either explicitly or implic- justice in the world (such as donating money
itly―built on the assumption that humans’ for the needy, participating in public protests
most fundamental behavioral disposition is to or social movements) even if they do not
rationally maximize their self-interest. One of the directly profit from these contributions
most influential theories in the distributive justice (Montada & Schneider, 1989; Van Zomeren,
domain, equitytheory, may serve as an example. Postmes, & Spears, 2008).
Equity theory (Adams, 1965; Walster, Walster, & • The finding that people are willing to sacrifice
Berscheid, 1978) holds that people make social their own resources in order to punish norm
comparisons with regard to “inputs” (e.g., the violators (a phenomenon that has been labeled
number of hours they work for their company) “altruistic punishment” by behavioral econo-
and “outputs” (e.g., the salary they receive for mists; Fehr & Gächter, 2002) even though
their work); equity means an equilibrium state they will not directly profit from such behav-
that suggests that their own input-output relation ior (see also Sect. 4.3.2).
does not differ from the input-output relation of • The finding that people are capable of experi-
other people. In case of inequity, people strive encing a sense of “empathic concern,” that is,
towards restoring equity, either by reframing the feeling distressed by the suffering of
situation or by adjusting their inputs—for another―which, in turn, motivates non-
64 M. Gollwitzer and J.-W. van Prooijen

selfish helping (Batson, Ahmad, & Lishner, in a just world is a basis for trusting in the recipro-
2009). cation of good deeds) and to the things that happen
to people (good things happen to good people; bad
Of course, one can always construe additional things happen to bad people). Such a conceptual-
assumptions that can explain each of these find- ization of the justice motive can explain both
ings in line with the notion of a dominant self- socially undesirable phenomena such as the dero-
interest motive. For example, some researchers gation of innocent victims (Hafer & Bègue, 2005;
have argued that “empathic concern” is not so Lerner & Simmons, 1966) and socially desirable
much a concern for the well-being of another to phenomena such as positive future expectancies in
whom we feel close, but rather a concern for one- uncertain or unfamiliar situations (Correia & Vala,
self because the other feels so close to oneself 2004; Dalbert, 2001).
(e.g., Cialdini, Brown, Lewis, Luce, & Neuberg,
1997). But the wealth of findings showing
that―under certain circumstances―people 4.2.2 Justice-Related Personality
abandon their immediate self-interest in order to Traits
behave in the interests of others also suggests that
one single self-interest motive may not be suffi- Batson and Shaw’s claim that “…at least some of
cient to explain justice-related behaviors. Or, as us, to some degree, under some circumstances”
Batson and Shaw (1991) have put it, “…at least (Batson & Shaw, 1991; p. 107) show “truly”
some of us, to some degree, under some circum- other-oriented behavior implies that the degree to
stances, are capable of a qualitatively different which social behavior can be accounted for by
form of motivation, motivation with an ultimate self- vs. other-oriented concerns varies between
goal of benefitting someone else” (p. 107). This situations, but also between persons. For exam-
remark also implies that the extent to which ple, people reliably differ in the extent to which
social behavior can be explained by more or less their behavior in social exchange situations is
self- vs. other-oriented concerns varies as func- marked by a desire to maximize their self-interest
tion of persons and situations (Van Prooijen, and/or to maximize the joint outcome of all inter-
2013). In the psychological justice literature, it is action partners. The respective personality vari-
now consensus that the assumption of a univer- able has been labeled social value orientation
sal, primordial “justice” motive is useful, both (SVO; e.g., Van Lange, 1999). SVO distinguishes
practically and theoretically (see Ellard, Harvey, between three categories: prosocial, individualis-
& Callan, 2016, Chap. 7 of this handbook). In tic, and competitive orientations, with the latter
Sect. 4.3, we will discuss the question why natu- two often combined into a “proself” category.
ral selection might have favored the evolution of Interestingly, SVO not only predicts people’s
a “justice” motive in humans. behaviors in social dilemmas, it also predicts how
One particularly important conceptualization people construe such dilemmas. Prosocials view
of the “justice motive” has been developed by cooperation as the most rational thing to do,
Melvin Lerner. Lerner (1980) understands the jus- whereas proselfs view non-cooperation as most
tice motive as a need to believe that the world is a rational (Van Lange, Liebrand, & Kuhlman,
just place in which everybody gets what he or she 1990). Moreover, prosocials frame social dilem-
deserves, and everybody deserves what he or she mas more as a decision between being moral vs.
gets. Apart from the question whether such a immoral, whereas proselfs frame the same situa-
motive can be considered “ultimately” selfish, tions more as a decision between being weak/
other-oriented, or rather a hybrid of both (Montada, naïve vs. strong/self-assured (the “might versus
1998), Lerner suggests that the justice motive ful- morality effect”; Liebrand, Jansen, Rijken, &
fills an important adaptive function: It adds sense Suhre, 1986). These findings suggest fundamen-
and meaning to what people do (because believing tal differences in how people construe justice,
4 Psychology of Justice 65

how much value they place on egalitarianism, sensitivity”), and to injustice that one has actively
and how much concern they have for the well- produced (“perpetrator sensitivity”). Notably, the
being of others. way people respond to certain cues in their social
More recently, research on people’s reactions environment depends on their level of justice sen-
to procedural injustice (which includes, for sitivity. For instance, people high in victim sensi-
instance, denying people the opportunity to tivity respond more strongly to cues indicating
“voice” their opinions; see also Sect. 4.3.1) has that other people might exploit them (“meanness
shown that prosocials are more sensitive to infor- cues”; see Gollwitzer, Rothmund, & Süssenbach,
mation on whether other participants were also 2013, for a review). This, in turn, can explain
given vs. denied “voice,” whereas proselfs were why especially victim-sensitive individuals tend
only interested in whether they had been given vs. to behave antisocially in situations that are
denied “voice” (Van Prooijen, Ståhl, Eek, & Van marked by uncertainty: When “meanness cues”
Lange, 2012). These results suggest that different are present in a situation, victim-sensitive indi-
people can perceive and evaluate justice within viduals behave egoistically in order avoid being
the same situation very differently, and these exploited. This theoretical reasoning can explain
individual differences can at least partly be the otherwise puzzling finding that a personality
accounted for by stable personality characteris- trait that can be considered an indicator of the
tics, such as SVO (see also Balliet, Parks, & justice motive (Schmitt, 1996; Schmitt, Neumann,
Joireman, 2009). To put it more abstractly, one & Montada, 1995) is associated with unfair
might say that personality and situation variables behavior in many social situations (Gollwitzer,
jointly (or interactively) shape people’s cogni- Schmitt, Schalke, Maes, & Baer, 2005).
tions, emotions, and behaviors. Acknowledging Notably, there is a substantial body of research
and investigating the systematic dynamic interac- suggesting that the belief in a just world (see
tions between persons and situations is important Sect. 4.2.2) also varies consistently between peo-
for at least two reasons: First, by investigating ple (Furnham, 2003; Rubin & Peplau, 1973):
such interaction patterns we can learn more about Some people seem to believe more strongly in a
what exactly justice-related personality traits and just world than others. Whether such individual
situational features psychologically signify. differences reflect a differential tendency to see
Second, by explicitly modeling person × situation the world as more or less just or rather a differen-
interactions, we can explain justice-related tial need to see the world as just is not entirely
behaviors more precisely and more reliably than clear (see Schmitt, 1998). Nonetheless, individ-
either personality or situation effects alone could ual just-world beliefs have been found to corre-
do (Schmitt, Eid, & Maes, 2003; Schmitt & late with justice judgments in many different
Sabbagh, 2004). domains, such as perceptions that one is, overall,
The findings showing that prosocials and pro- fairly treated by one’s peers, teachers, parents,
selfs differ in how they construe situations and and other authority figures (Dalbert, 2009). Very
how they react to contextual information have broadly speaking, it makes sense to assume that
already illustrated this general principle. Other just-world beliefs at least partly reflect individual
examples for systematic person × situation inter- differences in the justice motive, as Lerner con-
action effects can be found in the literature on ceptualized it.
justice sensitivity (Schmitt, Gollwitzer, Maes, &
Arbach, 2005; Schmitt, Baumert, Gollwitzer, &
Maes, 2010; see also Baumert & Schmitt, 2016, 4.2.3 The “Moral Self ”
Chap. 9 of this handbook). Justice sensitivity
reflects how strongly people react to experienced The reviewed findings on SVO and justice
injustice (“victim sensitivity”), to witnessed sensitivity have demonstrated that, under certain
injustice (“observer sensitivity”), to injustice circumstances, people behave unfairly, uncoopera-
from which one profits unilaterally (“beneficiary tively, and fully in line with the self-interest model.
66 M. Gollwitzer and J.-W. van Prooijen

On the other hand, fairness and benevolence are More recent research has broadened the hori-
strongly inscribed in our cultural guidebook and zon of moral self-regulation (Ayal & Gino, 2012;
most people dislike egoists. So one might wonder Monin & Merritt, 2011; Zhong, Liljenquist, &
how egoists (“proselfs” in the language of SVO Cain, 2009). For example, it has been shown that
theory) manage to save face before others and inducing people to think of past moral actions
before themselves. A look into research on vic- makes them less compelled to give for a good
tim sensitivity may be helpful to answer this cause or to restrain discriminating behaviors in
question: As noted above, victim-sensitive indi- the present (e.g., Jordan, Mullen, & Murnighan,
viduals justify their antisocial behavior by argu- 2011; Sachdeva, Iliev, & Medin, 2009). These
ing that they would otherwise be exploited findings can be explained in two ways: First,
(Gollwitzer & Rothmund, 2009), just as proselfs (thinking of) prior good deeds serve as an oppor-
justify their antisocial behavior by arguing that it tunity to establish moral credentials for being
is the most rational thing to do (Utz, Ouwerkerk, moral, prosocial, and unbiased (e.g., Monin &
& Van Lange, 2004). Justifications or rationaliza- Miller, 2001). Second, good deeds serve as a
tions are therefore one way to avoid the cognitive moral credit that can be spent some other
dissonance associated with behaving uncoopera- time―which implies that people construe
tively (Ariely, 2012; Shalvi, Eldar, & Bereby- morality analogous to a bank account, where
Meyer, 2012). good deeds and bad deeds weigh each other out
The question how people manage to justify (Effron & Monin, 2010).
social undesirable actions before others and The findings on moral hypocrisy, moral disen-
themselves has been addressed by many scholars gagement, and moral self-regulation seem to
in social psychology. Daniel Batson, for exam- paint a rather dark picture on people’s everyday
ple, has demonstrated that people often do not morality: They imply that people are not inter-
practice what they preach―they demand oth- ested in morality and justice per se, but rather in
ers to behave in morally acceptable ways, but fail upholding a favorable view of themselves while,
to live up to these standards themselves, a phe- at the same time, willfully giving in to all kinds of
nomenon that he has labeled “moral hypocrisy” immoral temptations. Relating these findings
(Batson, Kobrynowicz, Dinnerstein, Kampf, & back to research on SVO and victim sensitivity,
Wilson, 1997; Batson, Thompson, Seuferling, one might wonder whether justifications for
Whitney, & Strongman, 1999). Albert Bandura immoral behaviors (“I would be stupid if I had
has coined the term “moral disengagement” to not taken all the money”) are merely hollow post-
describe strategies that people use to avoid nega- hoc excuses for reprehensible actions or rather
tive self-evaluations (Bandura, 1999, 2002). “true” (and―in principle―socially accept-
These strategies involve coming up with moral able) a priori concerns that do not necessarily
justifications (“it is alright to beat someone who reflect an inherent egoistic motive. Clarifying
harms you”), using “sanitizing” or euphemistic this issue has kept psychological research on jus-
language (“Taking someone’s bike without ask- tice and morality busy for decades, and an empir-
ing them is just ‘borrowing’ it”) and advanta- ical answer to the question how self-related and
geous comparisons (“Stealing a little bit of other-oriented concerns are related to each other
money is nothing compared to those who steal a in our daily lives is not really in sight.
lot of money”), denying or diffusing responsibil- Nevertheless, it should once again be noted that
ity for the harm that is caused (“I am only execut- such findings should not be misunderstood as
ing other people’s orders”), disregarding or evidence for a dominant and singular egoism
minimizing the injurious effects of one’s actions motive. On the contrary: The fact that people are
(“Telling lies does not really do any harm”), and so strongly concerned with issues of morality and
attributing blame to or dehumanizing those who justice in their own lives and the lives of others
have been harmed (“Some people deserve to be and that they ever so often struggle with finding
treated like animals”). the right balance between what is “right” and
4 Psychology of Justice 67

“wrong” can even be regarded as a strong empiri- for justice, stipulating that group members may
cal evidence for the existence of a fundamental, expect to get what they deserve in terms of
universal concern for justice. resources and social standing. Modern human
beings thus are genetic descendants of ancestors
for whom justice norms were essential to regu-
4.3 Interpersonal Dynamics: late interpersonal relations and within-group
Justice Between People functioning (e.g., Boehm, 2012; De Waal, 1996;
Van Vugt et al., 2008; see also Talbot, Price, &
Assuming universality of the justice motive Brosnan, 2016, Chap. 21 of this handbook).
implies that concerns about justice originate from Although people in modern societies no lon-
innate mental modules, which gradually evolved ger live as hunters and gatherers, we can still see
through natural selection. Indeed, it has been the traces of our ancestral past in the role that jus-
noted that although justice norms vary across cul- tice norms play in how people relate to each
tures, all known cultures develop a justice system other, and how they organize themselves into
with norms about morality (Haidt, 2012). social groups. Scientists have widely noted that
Moreover, many authors emphasized the evolu- justice is of particular importance for the smooth
tionary roots of various justice-based motivations functioning of interpersonal relations and social
such as egalitarianism and reciprocity (e.g., groups, as reflected by research that was con-
Boehm, 2012; Brosnan & De Waal, 2003; De ducted in the context of organizations, legal set-
Waal, 1996; Trivers, 1971; Van Vugt, Hogan, & tings, classrooms, sports teams, groups of friends,
Kaiser, 2008). Why did the justice motive evolve and intimate relations (for overviews, see De
in humans? To answer this question, we argue Cremer & Tyler, 2005; Tyler & Blader, 2000;
that it is important to appreciate the social nature Tyler & Lind, 1992; Van den Bos & Lind, 2002).
that characterizes the evolutionary history of the For instance, people generally believe that they
human species. should treat each other fairly, as illuminated by
Our prehistoric ancestors banded together in the “do-no-harm” principle (Baron, 1995).
small hunter-gatherer societies for hundreds of Moreover, people desire to be treated fairly by
thousands of years. Living in such an effectively others, and this desire largely stems from con-
functioning small group was essential for sur- cerns about one’s interpersonal relations: For
vival, as the group provided food, shelter, safety, instance, it has been noted that people interpret
and potential mating partners. Indeed, exclusion unfair treatment as a sign that they have low sta-
from one’s tribe effectively boiled down to a tus within a group (Tyler, 1994; Van Prooijen,
death sentence in the pleistocene. As such, estab- Van den Bos, & Wilke, 2002, 2005), are at risk of
lishing positive interpersonal relations and har- being excluded (De Cremer, 2002; Tyler, 1987;
monious within-group functioning was of crucial Van Prooijen, Van den Bos, & Wilke, 2004), and
importance. Specifically, group members needed have little reason to trust others (Van den Bos,
to trust that resources would be shared in ways Wilke, & Lind, 1998).
that were considered acceptable by all; group In sum, justice serves as a tool to regulate
members needed to cooperate to reach common interpersonal or within-group relations. In the
goals, and relatedly, group leaders needed the following, we illuminate the specific functioning
legitimacy to coordinate and distribute tasks; of the justice motive in such an interpersonal or
group members needed methods to resolve con- within-group context. Specifically, we argue that
flicts; and group members needed to feel that there are three complementary aspects of justice
their contributions to the group were appreciated that help people regulate their interpersonal or
by other members of the tribe in order to stimu- within-group relations. First, people need to be
late reciprocity and maintain a sense of commu- able to assess justice: How do people establish
nity. All of this put substantial selection pressure whether or not they or their fellow group mem-
on group members’ capacity to share a concern bers were fairly or unfairly treated by others?
68 M. Gollwitzer and J.-W. van Prooijen

Second, people need tools to enforce justice: those relationships (cf. Cropanzano & Ambrose,
What can people do when they believe others 2001).
treat them unfairly, or when they perceive that Early studies focused mostly on material out-
group harmony is threatened by a group member comes to investigate how people assess justice
who violates justice norms? And third, people (e.g., Stouffer, Suchman, DeVinney, Star, &
need to be able to restore justice: How can one Williams, 1949). These studies demonstrated the
restore positive interpersonal relations and importance of perceived relative deprivation,
within-group harmony following minor infrac- defined as the feeling that one does not get what
tions, or even following major violations of jus- one deserves compared to other people or groups
tice? In the following, we discuss these three (for an overview, see Smith, Pettigrew, Pippin, &
aspects of the interpersonal dynamics of justice Bialosiewicz, 2012). Central in these feelings of
in turn. relative deprivation is social comparison, which
is reflected in various distributive justice theories.
As has already been discussed in Sect. 4.2.1, the
4.3.1 Assessing (In)justice “equity rule” is frequently used to assess whether
material resources are distributed fairly in inter-
An important first aspect of regulating and main- personal settings.
taining interpersonal relations is the ability to Besides equity, there are other justice rules
determine when one is treated fairly or unfairly. that serve a similar purpose, the most notable
People therefore look for various cues in their ones being equality and need (Deutsch, 1975).
social environment that inform them how fairly Whereas equity, which is based on direct reci-
they are treated by other people. In this process, procity and social exchange, may be considered
people are particularly sensitive to the perception desirable in, for instance, work-related settings
of injustice, as this directly threatens their well- (where people expect to be rewarded for good
being and the quality of their interpersonal rela- performance), equality and need may be consid-
tions within a community that they value ered more desirable in other interpersonal set-
(Baumeister, Bratlavsky, Finkenauer, & Vohs, tings. Equality rules dictate that resources are
2001; Van Prooijen, Van den Bos, Lind, & Wilke, distributed equally regardless of one’s relative
2006). Specifically, we argue that people experi- contributions, which, for instance, may be pre-
ence feelings of injustice when they believe that ferred in close communal relations (e.g., marital
they are being deprived of a valuable commodity partners sharing a household). The principle of
that they feel entitled to, given what comparable need dictates that resources should be distributed
others get, or given specific or generic norms of to those who need them most, which may be pre-
conduct. These valuable commodities can be ferred in interactions with people who are unable
either material (e.g., money, resources, services) to acquire their own resources (e.g., sick people,
or immaterial (e.g., equality, voice, respect) in children, elderly). People thus can employ these
nature, but share the propensities that they are various distributive justice rules depending on the
considered desirable, and people can feel entitled type of social relationship that one has with each
to them in an interpersonal setting. Although other. At the same time, people often differ in
there may be subtle differences in the relevant their endorsement of these distributive justice
dynamics that are associated with these various rules, which is a potential source of conflict (e.g.,
“sources” of injustice (e.g., see Chaps. 11 and 12, political debates on equality- vs. equity-based
this handbook, on distributive and procedural jus- income policies). How these various distributive
tice), at a more overarching level, both material justice norms are applied may therefore be part of
and immaterial commodities are distributed and a shared moral framework that cohesive groups
valued particularly in the context of interpersonal gradually develop.
relationships and share a similar potential to During the last three decades, scientists
maintain or disrupt the healthy functioning of increasingly recognized that people do not assess
4 Psychology of Justice 69

justice in interpersonal settings only by consider- ties treat them as diagnostic for their standing and
ing the distribution of material resources. Inspired inclusion in a group (Tyler & Blader, 2003; Tyler
by the classic work of Thibaut and Walker (1975), & Lind, 1992). Fair interpersonal treatment thus
it is now well-established that other cues to assess has symbolic value to people as it informs them
justice are provided by the procedures that group that they are taken seriously by others and are
authorities use when making important decisions considered a valuable member of one’s community
that affect various group members. When evalu- (Lind, Kanfer, & Earley, 1990; Lind & Tyler,
ating procedural justice, people sometimes also 1988; Tyler, 1987).
use social comparisons. For instance, people typ- Consistent with the view that people assess
ically want to be treated the same as others, a pro- justice to regulate their interpersonal and within-
cedural justice principle which is referred to as group relations, research has consistently found
the consistency-between-persons rule (Leventhal, that procedural justice matters to people particu-
1980; see Van Prooijen et al., 2006, 2012). But larly when interacting with people with whom
frequently, people assess procedural justice they share an identity (e.g., Huo, Smith, Tyler, &
through a variety of criteria that are based on Lind, 1996; Tyler, Lind, Ohbuchi, Sugawara, &
more general norms of conduct. Leventhal (1980) Huo, 1998). For instance, people are more
specified a range of procedural justice rules that strongly influenced by the extent to which an
people use to assess justice in their interpersonal ingroup- as opposed to an outgroup-leader treats
interactions with decision-makers, such as accu- them with respect, as ingroup-leaders are more
racy (i.e., decisions must be based on all the rel- relevant sources of information regarding their
evant information that is available), bias standing in the group (Smith, Tyler, Huo, Ortiz,
suppression (i.e., decision-makers must have no & Lind, 1998). In a similar vein, a manipulation
apparent self-interest at stake in a decision), and of voice vs. no-voice procedures exerts a stronger
ethicality (i.e., procedures need to be in accor- influence on people who are included vs. not
dance with common norms and values). The pro- included in a social group (Van Prooijen et al.,
cedural justice principle that presumably has 2004). These effects are not restricted to interac-
been most widely studied is the principle of tions with group authorities, but extend to the
“voice” (see also Sect. 4.2.2.): People consider quality of one’s interactions with fellow group
decision-making procedures fairer if they were members. As a case in point, respect from fellow
allowed an opportunity to voice their opinion in group members is impactful particularly among
this interaction than if people were denied such members who feel marginalized in a group, as
an opportunity (e.g., Folger, 1977; Van den Bos, they are most in need of reaffirmation of their
2003; Van Prooijen, 2009). belonging to the group (De Cremer, 2002). The
To some extent, procedural justice principles importance of these various justice cues for the
such as voice can be used to gauge the fairness of quality of one’s interpersonal relations is further
outcome distributions. For instance, research underscored by studies revealing that procedural
reveals that variations in procedural justice par- justice and interpersonal respect influence the
ticularly influence judgments of distributive jus- extent to which people identify with their group
tice when people do not know the outcomes of (Blader & Tyler, 2009; De Cremer, Brebels, &
others, and hence lack the information to make a Sedikides, 2008; Ellemers, Sleebos, Stam, & De
social comparison-based judgment (Van den Bos, Gilder, 2013; Simon & Stürmer, 2003).
Lind, Vermunt, & Wilke, 1997). However, proce- In sum, people continuously assess justice in
dural justice also exerts influence on people for their interactions with group leaders and fellow
reasons beyond the pursuit of material self- group members. Such justice perceptions may
interest. The relational and group-engagement both create and resolve conflicts within groups
models stipulate that people consider group and generally help people to determine their
authorities as representative for the entire group, standing and inclusion in a group. Moreover,
and hence, they interpret the way these authori- people assess justice based on various sources of
70 M. Gollwitzer and J.-W. van Prooijen

information, including resource distributions, enforce justice, such as harsh interrogation tech-
procedural justice rules, and behaviors that com- niques in the case of terrorism suspects (Carlsmith
municate interpersonal respect. Sometimes, how- & Sood, 2009). More generally, it has been noted
ever, people may encounter situations in which that moral judgments originate intuitively, and
other group members violate these principles and that rational arguments merely serve to justify
behave unfairly. In such situations, people may these intuitions (Haidt, 2012). But from a more
need to enforce justice and restore group norms. distal, evolutionary point of view, one might
This will be discussed in the next section. argue that both just deserts and utilitarian motives
are part of the picture why humans developed
punishment systems to enforce justice. For
4.3.2 Enforcing Justice hunter-gatherer societies to function effectively,
it was necessary to install mechanisms to deter
It is inevitable that people sometimes are con- potential offenders and to protect the group from
fronted with offenders who selfishly acquire disloyal members who threatened the social
resources through illegitimate means, bring harm order. It stands to reason that, over the course of
upon others, or otherwise show little respect for many generations, these means to enforce justice
the basic rights of others. In such cases, most peo- developed as part of people’s intuitive psychol-
ple feel that the most appropriate course of action ogy, but only because it was functional for the
is to punish the offender. It has been noted that survival of the group. Put differently, due to its
one of the main reasons why people seek punish- utilitarian implications, groups that managed to
ment is to restore a sense of justice. Carlsmith, enforce justice effectively were more likely to
Darley, and Robinson (2002) examined why peo- thrive than groups that did not manage to enforce
ple punish offenders and distinguished between justice effectively.
the backward-looking, retributive motivation to This line of reasoning would suggest that (1)
restore a sense of justice (“just deserts”) vs. the punishment is driven by social motivations, such
forward-looking, utilitarian motivation to prevent as to maintain good interpersonal relations in the
further harm from occurring (e.g., by deterring group and to protect the group from dangerous or
potential future offenders, or by incapacitating selfish individuals; and that (2) the presence of a
dangerous offenders in that they cannot commit punishment system has largely beneficial conse-
more harm). Results suggest that punishment is quences for the functioning of social groups.
mainly motivated by just deserts considerations, Empirical research examined both corollaries. As
and less so by utilitarian motivations. Moreover, to the first corollary, various studies support the
an important predictor of punishment was peo- view that people are most strongly concerned
ple’s moral emotions (“moral outrage”). Similar about offenders in a within-group setting. For
findings emerged in various other studies (for an instance, a study by Gollwitzer and Bücklein
overview, see Carlsmith & Darley, 2008, see also (2007) reveals that when people are primed with
Chaps. 13 and 14, this handbook, on retributive the social self (“We”)—the part of the self-concept
and restorative justice). that emphasizes similarity and assimilation with
These findings have led scholars to assume others—people are more strongly inclined to pun-
that utilitarian considerations are less important ish an offender than when they are primed with the
in people’s motivations to punish offenders than a individual self (“I”)—the part of the self-concept
retributive, justice-driven motivation. For that emphasizes individual uniqueness and differ-
instance, Darley and Pittman (2003) even con- entiation from others. Furthermore, when con-
cluded that utilitarian motives are a “happy by- fronted with a guilty offender, perceivers often are
product” of punishment, and that people primarily more punitive when that offender is part of one’s
punish to make sure that offenders get their just ingroup than when the offender belongs to an out-
deserts. Indeed, people can use utilitarian argu- group (cf. the “Black Sheep Effect”; Gollwitzer &
ments to justify rather controversial means to Keller, 2010; Kerr, Hymes, Anderson, & Weathers,
4 Psychology of Justice 71

1995; Van Prooijen, 2006). These findings are positive influence on cooperation and reciprocity
consistent with the idea that punishment of offend- (Balliet, Mulder, & Van Lange, 2011). The exis-
ers matters most in within-group relations. tence of a punishment system thus indeed
The social nature of punishment is further improves the functioning of social groups.
underscored by research illuminating the sacrifices
that people are willing to make to enforce justice.
In a classic study by Kahneman, Knetsch, and 4.3.3 Restoring Justice
Thaler (1986), participants were confronted with
an unknown offender who had harmed an Besides methods to enforce justice, interpersonal
unknown victim. Participants subsequently had relationships and social groups also need meth-
to choose between varying amounts of money ods to restore a sense of justice following trans-
that they had to share with either the offender or gressions. Such justice restoration can take on
the victim. Results revealed that participants various forms, including repairing the harm that
were willing to accept smaller amounts if that was done to the victim, as well as forgiving the
enabled them to share the money with the victim offender. Such efforts at restoring justice are nec-
instead of the offender. Subsequent research essary to facilitate reconciliation after conflict, in
indeed confirms that people are willing to pay in order to prevent the relationship or group from
order to punish an unknown offender (Turillo, disintegrating. Research indeed suggests that
Folger, Lavelle, Umphress, & Gee, 2002). This people attach more importance to compensating
suggests that punishment frequently is a proso- victims to the extent that they feel emotionally
cial act, as people endorse punishment even when close to the victim (Leliveld, Van Dijk, & Van
it harms the immediate financial self-interest. Beest, 2012; Van Prooijen, 2010). Furthermore,
Such “altruistic punishment” (i.e., costly pun- the willingness to forgive offenders has been
ishment) has been operationalized in social found to be an important ingredient in personal
dilemma research that tested the second corol- well-being and the healthy functioning of inter-
lary, namely that the presence of a punishment personal relationships (e.g., Karremans & Van
system is beneficial for the functioning of social Lange, 2004; Karremans, Van Lange, Ouwerkerk,
groups. Notably, Fehr and Gächter (2002) inves- & Kluwer, 2003; McCullough, Worthington, &
tigated the influence of altruistic punishment on Rachal, 1997; Tsang, McCullough, & Fincham,
cooperation in small groups of people playing 2006). Moreover, people are more likely to for-
multiple rounds of a public good dilemma. In give to the extent that they consider their relation-
this public good dilemma, participants could ship with the offender more valuable (Burnette,
contribute Money Units (MUs) to a common McCullough, Van Tongeren, & Davis, 2012).
pool. The researchers varied whether or not par- At the same time, trying to reconcile follow-
ticipants could punish their fellow group mem- ing violations of justice often may be difficult.
bers by subtracting three MUs from the Indeed, it has been noted that people’s primary
free-rider’s assets. Such punishment, however, urge following a transgression is punitive or vin-
would cost the punisher one MU. Results dictive, and that reconciliatory efforts constitute a
revealed that cooperation was substantially transformation of motivations following this ini-
higher when altruistic punishment was possible tial punitive tendency (McCullough, Fincham, &
than when altruistic punishment was impossible. Tsang, 2003; Yovetich & Rusbult, 1994).
Moreover, this finding was mediated by feelings Moreover, it has been noted that people have a
of anger, which is consistent with the view that strong tendency to blame innocent victims for
although punishment motivation may originate their fate (Lerner, 1980; See also Hafer & Bègue,
from intuitive or emotional mental processes, it 2005; Van Prooijen & Van den Bos, 2009). For
is nevertheless functional to make a group more restoration of justice to occur, people must hence
effective. A meta-analysis confirms that in most override some of their less constructive intuitions
social situations, punishment systems have a and behavioral tendencies.
72 M. Gollwitzer and J.-W. van Prooijen

Both restoring the harm done to the victim and wider range of justice motives. Justice can also
reconciliation with the offender are focal con- involve values such as empathy, benevolence,
cerns of research on restorative justice. This and altruism, suggesting a positive association
research proposes interventions to establish with forgiveness.
restorative justice as an alternative to the more A study by Karremans and Van Lange (2005)
common court-based punishment in response to tested whether activating a justice motivation
criminal offenders (e.g., Wenzel, Okimoto, would increase or decrease people’s inclination
Feather, & Platow, 2008, see also Cohen, 2016, to forgive an offender. Across three studies,
Chap. 14 of this handbook). A typical restorative results revealed that activation of justice increased
justice intervention involves a bilateral discus- forgiveness. This finding suggests that forgive-
sion between the offender and a victim that is ness indeed is a result of people’s concern to
designed to develop a shared understanding of establish a sense of justice. Furthermore, a study
the offense that was committed. In this discus- by Strelan and Van Prooijen (2013) reveals that
sion, both sides get a chance to express their punishment and forgiveness are less antithetical
thoughts and feelings regarding the offense. The than is sometimes assumed. In fact, results indi-
offender is encouraged to apologize to the victim; cated that the information that an offender got his
the victim is encouraged to forgive the offender; or her just deserts through punishment increased
and, both parties determine the most suitable way the likelihood that people subsequently were
to both punish the offender and compensate the willing to forgive an offender. This effect was
victim. Wenzel, Okimoto, Feather, and Platow mediated by the belief that justice has been
(2010) noted that a preference for such restor- restored. Punishment may thus be an important
ative justice interventions originates from differ- element in the process towards reconciliation and
ent motives than straightforward retribution (i.e., justice restoration (see also Gromet & Darley,
punishment): Whereas disempowering the 2006). In fact, even interpersonal revenge can be
offender is a dominant motivation to seek retribu- effective in restoring justice to the extent that the
tion, reaffirming the validity of shared values is a target of the vengeful action understood why
dominant motivation to seek restoration. By reaf- revenge has been taken against him or her
firming the validity of shared values, restorative (Gollwitzer & Denzler, 2009; Gollwitzer, Meder,
justice may be particularly well-suited to restore & Schmitt, 2011). In other words, punishment
harmony in an interpersonal relation or group. and revenge serve a communicative function, and
Indeed, people prefer restorative justice over re-establishing justice may be conducive to pro-
retributive justice when they share an identity mote forgiveness in interpersonal relations.
with the offender (Wenzel et al., 2010). It can be concluded that, besides assessing and
It stands to reason that compensating victims enforcing justice, restoring justice is essential for
is commonly conceived of as a way to restore a the maintenance and healthy functioning of inter-
sense of justice. After all, such compensation personal relations or groups. Such relations ben-
may acknowledge that the victimization was efit from fair treatment of victimized group
indeed an injustice; it may repair the harm that members by communicating their value to the
was done to the victim (at least to some extent), group. In fact, even non-victimized group mem-
and it may reaffirm the victim as a valuable group bers’ commitment to and displayed effort for the
member (e.g., Darley & Pittman, 2003; Lotz, group is influenced by the extent to which they
Okimoto, Schlösser, & Fetchenhauer, 2011; believe ingroup-victims are fairly treated by
Okimoto, 2008). But how is forgiveness related group authorities (e.g., see work on layoff survi-
to justice? After all, a central conceptualization vor’s reactions to the way managers treat layoff
of justice is punishment, which at first glance victims; Brockner, DeWitt, Grover, & Reed,
seems antithetical to forgiveness. Retribution is, 1990). Furthermore, interpersonal relations and
however, one possible justice motive out of a groups sometimes benefit from forgiveness of
4 Psychology of Justice 73

offenders. Indeed, forgiveness is an element of 4.4.1 Committing Injustice


the “tit-for-tat” strategy in social dilemmas, to Outgroup Members
which is most effective in establishing coopera-
tion in prolonged interactions (Axelrod & Even when people have high standards of justice
Hamilton, 1981). However, it must be noted that in the way that they treat members of their own
such forgiveness may only be healthy for group group, this does not automatically mean that peo-
functioning under certain conditions. To illumi- ple always apply these standards to how they
nate this, Burnette et al. (2012) found that people treat members of others groups. This idea is high-
endorse forgiveness mainly for offenders who lighted in theorizing on moral exclusion (Opotow,
have high relational value, but who also are low 1990), which states that people categorize other
in perceived exploitation risk. This underscores living entities (i.e., animals and fellow human
that forgiveness is only functional to the group if beings) in terms of the “scope of justice”—that
there is trust that the offender is unlikely to offend is, a mental classification of the extent to which
again. justice norms apply to another social entity (see
also the “circle of moral regard”; Reed & Aquino,
2003). Individuals (or outgroups) who fall inside
4.4 Intergroup Dynamics: Justice a perceiver’s scope of justice are considered wor-
Between Groups thy of fair and respectful treatment; but when
individuals fall outside of a perceiver’s scope of
Whereas the dynamics outlined above suggest justice, justice norms are not considered relevant
that people have rather sophisticated mechanisms when interacting with that individual. As a con-
at their disposal to psychologically establish and sequence, the perceiver may believe that harming
maintain a sense of justice in their interpersonal the individual who falls outside the scope of jus-
relations and within their groups, throughout his- tice is not immoral and sometimes even appropri-
tory people have committed major injustices par- ate or desirable.
ticularly to members of other groups. Instances This scope of justice should be regarded as a
of genocide, hate crime, and discrimination continuous mental scale instead of a strict dichot-
occurred in all eras and illuminate the dark side omy, as living entities may differ in the level of
of human nature. Moreover, these actions typi- moral treatment that the perceiver accords to
cally have a group-based element as they are usu- them (to illuminate this, dogs usually do not have
ally targeted against a marginalized minority the same rights as humans; but many people find
group in society. Contrary to the popular view the killing of a dog immoral, yet are perfectly
that such injustices are exclusive to a limited comfortable killing an insect). Moreover, the
number of sociopaths, it has been noted that nor- scope of justice is not static: Subtle contextual
mal people, without mental disorder, are capable cues influence the number of entities that people
of the most horrendous atrocities against mem- are willing to include in their scope of justice
bers of other groups (e.g., Arendt, 1963; (Laham, 2009). For instance, a highly self-
Baumeister, 1997; Zimbardo, 2008). This sug- important moral identity was found to increase
gests that the psychology of justice contains spe- the number of outgroups that perceivers place in
cific and important dynamics at an intergroup their circle of moral regard, as reflected in the
level of analysis. In the following, we seek to amount of harm that one considers acceptable
illuminate the intergroup dynamics of justice. towards outgroups (Reed & Aquino, 2003).
Specifically, we examine what leads people to For most outgroups that people normally
commit injustices to members of other groups. In encounter in their daily lives, these processes do
addition, we examine people’s responses to per- not manifest themselves to an extreme extent
ceived group-based injustices. (e.g., people rarely feel that it is morally appro-
74 M. Gollwitzer and J.-W. van Prooijen

priate to injure or kill members of a rival organi- of principles such as equality, reciprocity, and
zation, university, or soccer team). Still, with the fairness, at the group level justice may be defined
right measurement tools, the process of moral by norms to favor the ingroup. For instance, a
exclusion can be observed even in normal, every- study by Pinter et al. (2007) reveals that group
day life encounters with members from other leaders scoring high on guilt proneness—an
groups. For instance, research on infrahumaniza- emotion that signifies moral motivation—are
tion often compares people’s perceptions of the more strongly inclined to display ingroup favorit-
extent to which ingroup vs. outgroup members ism than group leaders scoring low on guilt
are capable of experiencing a range of emotions proneness, provided that they are accountable
(e.g., Haslam, 2015; Leyens et al., 2000). In this towards the ingroup. This suggests that people’s
research domain, a distinction is made between inclinations to favor their ingroup at the expense
primary emotions (i.e., emotions that are not of outgroups are, quite paradoxically, driven by
uniquely human, but are likely also experienced justice-based motivations.
by other animals, such as anger and fear) and sec- The finding that people are predisposed to
ondary emotions (i.e., emotions that are assumed favor their ingroup can be observed in various
to be uniquely human, such as pity and regret). other, related lines of research. For instance,
Infrahumanization research typically finds that research on parochial altruism reveals that people
people accord primary emotions to both ingroup are willing to invest their own resources in costly
and outgroup members, but accord secondary punishment in order to both support the well-
emotions more to ingroup than to outgroup mem- being of members of their own ingroup and pro-
bers. Thus, ingroup members are perceived as tect against threats embodied by a rival outgroup
more capable of experiencing typically human (Bernhard, Fischbacher, & Fehr, 2006).
emotions, making them more prototypically Furthermore, research on punishment of ingroup
human. This, in turn, influences discrimination in vs. outgroup offenders finds that people punish
the prosocial treatment of ingroup vs. outgroup an ingroup offender more severely when guilt is
members (Vaes, Paladino, Castelli, Leyens, & certain, but they punish an outgroup offender
Giovannazzi, 2003). more severely when guilt is uncertain (Kerr et al.,
People thus do not treat outgroup members 1995; Van Prooijen, 2006). An alternative way of
with the same moral standards as they treat formulating this conclusion is that certainty of
ingroup members. This has substantial implica- guilt matters more for punishment in the case of
tions for what people consider to be fair in inter- ingroup compared to outgroup offenders, sug-
group situations. Whereas people are guided by gesting that people are relatively more indifferent
norms about equity, equality, and need when dis- about the extent that justice is done towards out-
tributing resources within groups, people seem to group members. Likewise, it has been found that
be mainly concerned with favoring their ingroup people offer more procedural protections to
when distributing resources between groups. The ingroup than to outgroup crime suspects
classic work by Tajfel (1970) on ingroup favorit- (Boeckmann & Tyler, 1997).
ism reveals that, even in a minimal intergroup Moreover, punishment is sometimes driven by
setting, people allocate more valuable points to negative stereotypes that one has about a rival
other ingroup members than to outgroup mem- outgroup. It has been noted that when an offender
bers. More generally, it has been noted that belongs to a societal outgroup that is stereotypi-
groups behave more competitively in mixed- cally associated with crime, people use these ste-
motive situations than individuals do, a finding reotypes heuristically, leading them to punish this
referred to as the interindividual-intergroup dis- outgroup offender more severely than they would
continuity effect (Wildschut, Pinter, Vevea, punish an ingroup or non-stereotyped outgroup
Insko, & Schopler, 2003). It is likely that there is offender (e.g., Bodenhausen & Wyer, 1985;
a moral dimension to this tendency to favor one’s Sweeney & Haney, 1992). Such defensive
own group at the expense of other groups. Instead responses to criminal stereotypes are in line with
4 Psychology of Justice 75

a more general notion that the processes of moral make a symbolic compromise over one of their
exclusion and ingroup favoritism might be own sacred values.
particularly noticeable when people are con- In sum, various basic psychological processes
fronted with an outgroup that is considered facilitate injustices in an intergroup context. This,
threatening. Intergroup threat generally has been however, should not be taken as evidence that
defined in terms of situations where “one group’s humanity is facing an impossible challenge in
actions, beliefs, or characteristics challenge the reducing intergroup hostility, terrorism, geno-
goal attainment or well-being of another group” cide, and war. As noted previously, the scope of
(Riek, Mania, & Gaertner, 2006; p. 336). These justice is not static (e.g., Laham, 2009), and
perceptions of threat can take on many forms, group members frequently may realize at some
such as competition over existing recourses (cf. point that their past actions against another group
realistic group conflict theory; Sherif & Sherif, constituted an injustice. Such realization may
1969), conflicting cultural values (Sears, 1988), cause feelings of collective guilt, even decades
and intergroup anxiety (Stephan & Stephan, after a historic injustice, among a generation that
2000). According to Riek et al. (2006), inter- was not involved in the event (Doosje,
group threat is a strong predictor of, for instance, Branscombe, Spears, & Manstead, 1998).
intergroup prejudice, hostility, and anxiety, which Moreover—and contrary to popular belief—data
may lay the foundations for violence and reveals that intergroup violence has gradually
injustice. declined throughout the ages, and that the last 50
An illustration of how such intergroup threat years constituted the most peaceful era in the his-
may fuel intergroup hostility is provided by tory of humanity (Pinker, 2011). As such, recog-
research on “sacred values” in the context of the nizing intergroup injustice and promoting social
Israeli-Palestinian conflict (e.g., Atran, Axelrod, change constitutes a forceful part of human psy-
& Davis, 2007). These sacred values represent chology that counteracts the dynamics leading to
values that are considered to be absolute, invio- intergroup injustice. In the next section, we
lable, and that require complete devotion (exam- examine how people respond to perceived injus-
ples of such sacred values are the well-being of tices towards their group, and briefly note some
one’s family, or religious devotion). Intergroup of the actions that may drive social change.
conflict is particularly likely to escalate when the
other group poses a direct threat to one’s sacred
values, or when both groups have sacred values 4.4.2 Responding to Intergroup
that are mutually incompatible (e.g., the sacred Injustice
status of Jerusalem in both Judaism and Islam).
Such intergroup conflict resulting from sacred Although recognizing severe intergroup injustice
values may be particularly difficult to resolve. can be evident for the victimized group, in many
For instance, a study by Ginges, Atran, Medin, cases intergroup injustice may manifest itself in
and Shikaki (2007) indicates that offering mate- more subtle ways. For instance, members of spe-
rial incentives to compromise over sacred values cific societal groups may be discriminated against
only backfires and leads to an exacerbation of the through implicit mental processes, and specific
conflict. This finding is explained by the asser- discriminatory outcomes—for instance, not get-
tion that people find the offer of a material ting a job because of one’s race or gender—fre-
exchange offensive in the context of values that quently can be attributed to other causes (e.g., the
are considered too sacred to comprise on (see job qualification of competing candidates). As a
also the work on “taboo trade-offs”; Tetlock, case in point, it has been noted that many under-
Kristel, Elson, Green, & Lerner, 2000). The only paid women see that women as a group are being
intervention that, in the study by Ginges et al. underpaid, but they typically do not see that they
(2007), did reduce intergroup hostility was the themselves are being underpaid (Crosby, 1982).
perception that the other group is also willing to There is thus a discrepancy between personally
76 M. Gollwitzer and J.-W. van Prooijen

experienced injustice (cf. relative deprivation) vs. programs are a topic of substantial debate from a
group-based experienced injustice (i.e., fraternal justice-based perspective. Proponents point to the
deprivation). Whereas relative deprivation existence of racial and sexual discrimination
involves a fairness judgment that is based on a even in today’s society and construe affirmative
comparison of one’s own outcomes vs. the out- action as a necessary tool to create opportunities
comes of a referent other individual, fraternal that are truly equal (Crosby, Iyer, & Sincharoen,
deprivation involves a fairness judgment that is 2006). Opponents, however, typically point out
based on a comparison of one’s group’s outcomes vs. that affirmative action violates principles of meri-
the outcomes of a referent other group. Fraternal tocracy, dictating that the most capable individu-
deprivation thus entails a sense of collective als should be promoted or hired. Although
disadvantage (Runciman, 1966). People are par- sometimes dismissed as rationalization of one’s
ticularly likely to detect fraternal deprivation prejudiced attitudes, research suggests that oppo-
when they define the self and their experiences in sition against affirmative action can be genuinely
group-based terms (Tyler, Boeckmann, Smith, & based on the belief that principles of justice are
Huo, 1997). violated (Bobocel, Son Hing, Davey, Stanley, &
Once people detect that their ingroup is the Zanna, 1998). Moreover, research suggests that
victim of fraternal deprivation, a common affirmative action programs can have negative
response for them is to strive for social change. A side-effects, as people tend to perceive employ-
typical response to change the status quo is to ees who were hired based on such programs as
mobilize the ingroup and protest against the ille- relatively more incompetent (Heilman, Block, &
gitimate social inequality that they believe their Lucas, 1992). This debate notwithstanding, ini-
group is facing. Indeed, it has been noted that tiatives such as affirmative action programs illus-
collective action is driven by three complemen- trate that many people are concerned about
tary processes (Van Zomeren et al., 2008). First, injustice against minority groups and actively
people indeed need to believe that a particular look for ways to ensure justice between social
societal group is victim of an injustice, resulting groups.
in feelings of anger. Second, people need to share Although human psychology offers a strong
an identity with the deprived societal group, and potential for intergroup conflict, as well as for
hence be motivated to actively pursue change. rationalization processes to justify harming oth-
And third, there needs to be a sense of efficacy: ers, human psychology also has an undeniable
People need to believe that their collective action drive to extend principles of justice, benevolence,
tendencies can potentially be successful in restor- and altruism to members of other groups.
ing equality. The combination of these three fac- Collective action and policy interventions some-
tors mobilizes a group to come into action against times may be necessary steps towards social
the perceived fraternal deprivations. Sometimes change. True social change, however, happens in
such collective action can indeed be highly effec- the minds of perceivers as they expand the scope
tive, as the 2011 uprisings in the Arab world of justice to incorporate an increasing number of
illustrate. outgroups.
In addition, social change can be stimulated
through policy interventions. A well-known
example of such an intervention constitutes affir- 4.5 Conclusion
mative action programs, where members of mar-
ginalized groups in society (e.g., ethnic This chapter was designed to give a contempo-
minorities; women) are given preferential treat- rary overview of the psychology of justice. We
ment in application procedures. Such programs have described how justice can be conceptualized
are designed to increase the diversity in organiza- as a unique, primordial motive that is distinguish-
tions that are traditionally dominated by a major- able from other human motives (e.g., self-
ity group (e.g., White males). Affirmative action interest) and that evolved through the evolutionary
4 Psychology of Justice 77

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The Economics of Justice
5
James Konow and Lars Schwettmann

… the concept of social justice is strictly empty and meaningless…


F. A. Hayek (1973), Law, Legislation and Liberty, Volume 2, pg. 68.

the twentieth century. This started to change,


5.1 Introduction though, when results of monetarily incentivized
economics experiments began emerging about
For much of the twentieth century, these words of three decades ago that cast doubt on the mostly
the libertarian economist and Nobel laureate dismissive stance of the discipline to date. Justice
Friedrich von Hayek were likely an accurate now occupies a prominent place in theoretical
reflection of the sentiments of most mainstream and empirical economic research.
economists (even of the large majority who were To understand better the results in this chap-
not libertarian). The model of homoeconomicus— ter as well as our strategy, a very brief review of
the rational and self-interested man—dominated the trajectory of justice research in economics is
most theoretical and empirical economic analy- helpful. In reality, there have been two research
sis, contributing to the perception among econo- agendas on justice in economics that have, for
mists and non-economists alike that the “dismal the most part, been carried out independently.
science” did not concern itself with justice, or These two research programs correspond to a
matters of morality, in general. As a point of fact, strong distinction that most economists advo-
however, economics as a discipline was devel- cate between descriptive and prescriptive analy-
oped by important contributors to moral philoso- sis. What economists call positiveeconomics is
phy, including Smith (1759/1809) and Mill descriptive and concerns what “is,” whereas
(1861/1979). Nevertheless, justice was relegated what they call normative economics is prescrip-
to a corner space in economics during most of tive and concerns what “ought to be.” The
above-mentioned experimental findings have
mostly had an impact on the descriptive branch
of economics, which accounts by far for the
J. Konow (*) largest volume of economic research, and have
Kiel University, Kiel, Germany prompted formal descriptive theories and fur-
Loyola Marymount University, Los Angeles, ther empirical studies. These belong to the field
CA, USA of “behavioral economics,” which draws
e-mail: jkonow@lmu.edu
insights from other social sciences, especially
L. Schwettmann psychology. The smaller prescriptive branch of
Martin Luther University Halle-Wittenberg,
Halle (Saale), Germany economics, on the other hand, retained a more
e-mail: Lars.Schwettmann@wiwi.uni-halle.de continuous interest in justice throughout this
period, even while its effect on mainstream
© Springer Science+Business Media New York 2016 83
C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_5
84 J. Konow and L. Schwettmann

economics was more limited. Most research in 5.2 Equality and Efficiency
this branch remained strictly theoretical until
the advent of “empirical social choice,” which Equality is probably the oldest notion of justice.
set out to test prescriptive theories about social In economics, however, the primary distributive
(i.e., collective) choice, mostly with the use of standard is that of efficiency. In this section, we
self-reported surveys (see Gaertner & consider various theories of equality and efficiency
Schokkaert, 2012, for an overview). that have figured prominently in economics.
Our aim is to review important contributions
to justice research in economics with an empha-
sis on different empirical findings that bear on 5.2.1 Equality
leading theories of justice. Thus, we consider
evidence from both incentivized economics Arguably, the event most responsible for spurring
experiments and self-reported surveys and their widespread interest in, and ultimately acceptance
relation to justice theories that have been of, justice in economics was the publication in
treated in both the descriptive and prescriptive 1982 of the results of an experimental test of the
branches of economics. One further point of so-called “ultimatum game” (Güth et al., 1982).
clarification: we interpret justice as being about In the canonical version, a “proposer” is provi-
distributive moral preferences and choose this sionally endowed with a sum of money and can
level of specificity for several reasons. offer to share any amount of the endowment with
Distributive justice represents a large literature, an anonymous counterpart called the “responder.”
but it is not so broad as to be intractable. In The responder can then accept the offer, in which
addition, we are aware of flexibility in the use case the sum is split as proposed, or reject, in
of justice terminology, but we believe this defi- which case both proposer and responder receive
nition corresponds closely to both everyday nothing. Since this situation involves strategic
usage as well as the usual understanding of fair- interaction, economists apply game theory,
ness or justice in the economics literature. It which, combined with the standard economic
does, however, neglect other important moral assumption of rational self-interest, predicts that
preferences that occasionally have been labeled the responder will accept the smallest offer pos-
as fairness. For example, we leave aside uncon- sible, say 1 cent, since it is better than nothing
ditional altruism, i.e., a pure desire to help oth- (and he cares only about his own payoff, and not
ers not predicated on any norm (e.g., Andreoni, anything else like fairness). Anticipating this, the
1989; Becker, 1974), and reciprocity, i.e., pref- rational and self-interested proposer will, in order
erences to reward kindness or punish unkind- to maximize his own payoff, offer only 1 cent. Of
ness, apart from purely distributive motives course, the behavior of actual subjects in this
(e.g., Berg, Dickhaut, & McCabe, 1995; Cox, experiment largely repudiated this prediction
2004; Fehr, Kirchsteiger, & Riedl, 1993; Rabin, with frequent offers of one-half and meager
1993). Nevertheless, we will have a few words offers often being rejected by responders. This
to say about the latter in the conclusions. experiment, and many variations on it, has been
This chapter is organized as follows. Section replicated by economists and others countless
5.2 presents theories of and evidence on first times. Reviews of these studies, such as Bowles
equality, then efficiency and finally approaches (2004) and Camerer (2003), report that modal
that combine both equality and efficiency. Equity and median ultimatum offers are usually 40–50
(or proportionality) and desert (or merit) are the % of the endowment, and mean offers are regu-
topics of Sect. 5.3. Section 5.4 treats pluralistic larly between 30 and 40 %. Such offers are rarely
approaches to justice and the effects of context on rejected, whereas those below 20 % are rejected
justice evaluation. Section 5.5 addresses theories by about 50 % of responders.
and evidence of the relationship between fairness The incidence of high offers and rejections of
and risk-taking, and Sect. 5.6 concludes. low offers led to suspicions of a concern for
5 The Economics of Justice 85

fairness. In particular, the frequency of equal tor games suggests many subjects value equality
splits has often been attributed to a preference for (see Camerer, 2003).
equality. Nevertheless, as further reflection and Results such as these have led to formal theo-
subsequent experimental findings revealed, other retical models in behavioral economics that
motives are likely at work. For example, in the incorporate both self-interest, captured as a con-
ultimatum experiment of Blount (1995), offers in cern for one’s own material payoffs, and inequal-
one treatment were selected by a random device, ity aversion, formulated as a dislike (or, as
and the rejection rate was significantly lower than economists express it, “disutility”) for alloca-
in a standard treatment where offers were chosen tions that deviate from equal splits. One promi-
by people. This result, combined with evidence nent model is that of Fehr and Schmidt (1999),
from other experiments, suggests a distinct recip- which assumes people dislike disadvantageous
rocal motive. That is, apart from a possible con- inequality, i.e., receiving less than equal splits,
cern for the unfairness of the outcome (e.g., seen more than they dislike advantageous inequality,
in the random treatment), people additionally dis- i.e., receiving more than one-half. It also allows
play a preference for rewarding or punishing the for individuals to differ in their degree of self-
presumed good or bad intentions, respectively, of interest and inequality aversion. The Fehr-
others (e.g., seen in the higher rejection rates Schmidt model can be nicely reconciled with the
when low offers are made by real people). pattern of results from various economics experi-
Indeed, even more motives are potentially ments, including with proposer offers and
implicated in the ultimatum game. For example, responder rejections in the ultimatum game.
proposers might also be motivated by altruism, Nevertheless, it is inconsistent with the fre-
i.e., an unconditional concern for the payoff of quently observed offers between zero and one-
the counterpart that does not depend on equal half in the dictator game due to the particular
splits or some other standard. Seemingly gener- linear functional form of the model. Moreover,
ous proposer offers might also be motivated by Blanco, Engelmann, and Normann (2011)
self-interest: for example, even if a proposer does assessed the predictive power of the Fehr-
not care about the respondent’s payoff, the for- Schmidt model using a within-subjects design, in
mer might still make a generous offer due to fear which individuals participated in a series of dif-
that the respondent does care about fairness and ferent experiments, including an ultimatum game
will, therefore, reject a low offer. At least some and a modified dictator game. They found that
proposer generosity does, in fact, seem to be self- the model predicts the results of different experi-
ishly motivated, as suggested by the results of the ments fairly well, but that it does not fit well with
“dictator game” (Kahneman, Knetsch, & Thaler, decisions at the individual level: individual pref-
1986). In this design, proposers (here called “dic- erences are not very consistent across different
tators”) make offers, but responders (here called experiments.
“recipients”) have no recourse and must accept Bolton and Ockenfels (2000) developed a
whatever the dictator offers. Forsythe, Horrowitz, rather similar model whereby inequality aversion
Savin, and Sefton (1994) find mean offers of arises from differences in one’s own payoff
about 20 % in the dictator game, significantly relative to the average payoff of all other agents.
lower than those in the ultimatum game and con- In contrast to the Fehr-Schmidt model, the func-
sistent with the interpretation that proposers in tional form of this model makes it consistent with
the ultimatum game are motivated, at least in dictator offers between zero and one-half, but it
part, by a selfish concern that meager offers will does not fit the frequently observed offers of
be rejected. On the other hand, mean dictator exactly one-half in many designs, including in
offers are positive and only about 20 % of dicta- the dictator and ultimatum games. The model of
tors take the entire endowment, indicating a con- Konow (2000) has a more general functional
cern for the payoffs of their counterparts. form and is consistent with both types of results,
Moreover, the frequency of equal splits in dicta- but it rests on rather strong assumptions about
86 J. Konow and L. Schwettmann

individual differences in inequality aversion.1 opposed to the effects of genuine moral and other
Alternately, in the model of Andreoni and concerns of people that are being captured in the
Bernheim (2009), dictators are motivated not laboratory. Tammi (2013) argues that the social
necessarily by fairness but by a desire to be per- context and the type of recipient are frames that
ceived by others as fair. Along similar lines, trigger social norms subjects are habituated to
Dana, Weber, and Kuang (2007) report experi- use in their everyday life. While advising caution
mental results that seem consistent with a desire in drawing conclusions from experiments for
to avoid appearing unfair, either to others or to social preferences outside the laboratory, Levitt
oneself. Subjects could choose to make the and List (2007) state that variation “does not nec-
effects of their choices on payment outcomes essarily imply that preferences are labile. Rather,
uncertain, either to themselves or to others. The we view such data as evidence that when critical
authors found that dictators gave significantly elements of the situation change, behavior will
less, if they could disguise the effects of their respond in predictable ways” (p. 164). Although
choices. Similarly, Bartling and Fischbacher he considers social context important to inferring
(2012) conducted an experiment in which dicta- fairness motives, Konow (2001, 2003) argues
tors could either choose an allocation between that the equal splits frequently observed in the
themselves and a recipient or could allocate the laboratory are often experimental artifacts: equal-
decision to a third party, who could be relied ity is chosen by default in many experiments,
upon usually to choose the unfair allocation in since most are contextually very lean, but the
the dictator’s favor. Most dictators delegated the addition of real-world context usually draws sub-
decision and recipients, who were given an unfair jects away from equal splits. Thus, impartial par-
allocation and were able to punish, targeted ties informed of relevant particulars do not
mostly the delegated parties rather than the usually choose equality, but there is a positive
dictators. preference for equality among people who stand
The potential confounds of ultimatum games in personal relationships to one another, i.e., who
have led to increased reliance on the dictator are partial rather than impartial (see Konow,
game (see Camerer, 2003 and Engel, 2011, for Saijo, & Akai, 2009).
reviews). But the dictator game is vulnerable to
criticism based on the sensitivity of subject behav-
ior to variation in the experimental design. For 5.2.2 Efficiency
example, Hoffman, McCabe, and Smith (1996)
found that modifications in the experimental pro- Although economists have traditionally been
cedures, such as changes in wording or variation wary of ideas going under the label “justice,” they
in the level of subject anonymity, caused large have warmly embraced concepts of efficiency.
and significant changes in dictator generosity, Efficiency is usually the only prescriptive crite-
which they attributed to differences in social dis- rion taught in undergraduate economics classes
tance. Other researchers have found that, if the and routinely appearing in economic policy anal-
choice set also includes the option of taking away yses. Economists think of efficiency as distinct
money from another person, the share of positive from, and even at odds with, fairness or equity,
transfers drops dramatically (for example, sometimes referring to an “efficiency-equity
Bardsley, 2008; Cappelen, Nielsen, Sørensen, trade-off.” The evidence discussed in this section
Tungodden, & Tyran, 2013; List, 2007). reveals that efficiency is a distributive preference
The question is whether, and to what extent, shared by people other than economists, and
such variation reflects experimental artifacts as therefore, is the subject matter of distributive jus-
tice, as we have defined it in this chapter. In addi-
1 tion, though, survey findings point to popular
It is also more general by allowing for aversion, not only
to inequality, but also to fairness norms that call for views that efficiency is, to some extent, also
unequal allocations. viewed by people as fair (Konow, 2001).
5 The Economics of Justice 87

Economists have different concepts of effi- unequal distributions of payoffs that differ with
ciency, but the primary version, and the one from respect to their inequality and efficiency. When
which other definitions are mostly derived, is subjects do not know their payoff, only 10 %
Pareto efficiency, which is related to the Pareto oppose Pareto-efficient allocations. When they
Principle (Pareto, 1906). The Pareto Principle do know their relative position in the unequal
endorses any changes that make at least one per- distribution, however, up to 60 % oppose the
son better off without making anyone else worse Pareto Principle.
off. For example, suppose that in an experiment Survey evidence shows that support for effi-
two allocations are possible to two subjects: allo- ciency falls significantly, when it involves dimin-
cation A gives each subject $10, i.e., payoffs of ished fairness of other types (see Konow, 2001,
(10, 10), whereas B gives the first $15 and the 2003). Moreover, the Pareto Principle is very
second $10, i.e., (15, 10). The Pareto Principle restrictive in several senses. On the one hand, it is
ranks B above A. Pareto efficiency is achieved a very conservative criterion. Suppose agents are
when such opportunities have been exhausted: no initially endowed with allocation A, which equals
one can be made better off without making some- (10, 2). Suppose further these could be changed
one else worse off. This strikes many economists to either B (11, 2) or C (9, 9). Only the move to B
as an innocuous goal, and some studies reveal satisfies the Pareto Principle, since moving to C
popular support for efficiency changes that are causes the first agent to lose $1. Thus, the Pareto
equally shared, although this preference appears concept potentially conserves initial allocations
to be somewhat fragile. that might be considered very unjust on other
Among economics experiments, Oxoby grounds while endorsing changes that exacerbate
(2013), for example, examines subject prefer- the injustice. In addition, the practical relevance
ences for the Pareto Principle using linear public of the Pareto criterion is limited given rare oppor-
good games. In his variation on the standard tunities to enact policies that produce no losers.
design, subjects may contribute any amount of Given this final concern, economists, in prac-
their $10 endowment to a “public good,” whereby tice, usually employ the Compensation Principle
each dollar contributed increases the earnings of for policy analysis. This principle endorses any
everyone in the group of three by 40 cents. Thus, changes that satisfy the Pareto Principle, if
each dollar contributed reduces a subject’s earn- transfers were allowed between agents such that
ings by 60 cents (40 cents gained minus 1 dollar winners could compensate losers. To take the
lost). If all contribute $1, however, gross earnings example above, this criterion favors the move
of each rise by $1.20 (40 cents for each of the from A to C, because with C the second person
three subjects). Thus, it is individually payoff could transfer some of her $9 to the first (e.g.,
maximizing to contribute nothing, but aggregate $2) so that the first is no worse off with C (e.g.,
payoffs are maximized, if all subjects contribute with $11 vs. $10), and the second could still be
their entire $10. In the standard version, Oxoby’s better off than with A (e.g., with $7 vs. $2).
subjects contribute, on average, $3.47. But, in With a little reflection, it should be apparent that
another treatment, subjects can, similar to dicta- the Compensation Principle endorses any
tors, constrain the contributions of their two changes that increase total surplus, i.e., it is
counterparts and do so at an average level of equivalent to maximizing the sum total—if the
$9.25. Perhaps surprisingly, though, in this treat- pie is enlarged, everyone can receive a larger
ment, such “dictators” voluntarily increase their slice. A critical point here is that the
own contributions to $7.94, although it is payoff Compensation Principle does not require these
maximizing for them to contribute nothing. This transfers actually to take place; they only need
is consistent with a preference for efficiency that to be hypothetically possible. This weakens the
is conditioned on the contributions of others. moral appeal of this criterion.
Beckman, Formby, Smith, and Zheng (2002) Most experimental tests of efficiency have
have groups of five subjects vote on one of two focused on the possible existence of a preference
88 J. Konow and L. Schwettmann

for surplus maximization, so we summarize fine as far as it goes, but it does not go far enough:
results that bear on the Compensation Principle. one needs additional criteria.
Charness and Rabin (2002) and Engelmann and
Strobel (2004) test preferences for efficiency and
other motives using experiments in which sub- 5.2.3 Combining Equality
jects make multiple distribution decisions. Both and Efficiency
studies find significant evidence of preferences
for surplus maximization. For example, We have seen that equality and efficiency alone
Englemann and Strobel employ three person dic- seem insufficient to account for distributive pref-
tator experiments and find that 60 % of dictators erences. A natural next step, therefore, is to
in their Treatment P, who here are paid a fixed explore multi-criterion approaches that combine
fee, choose an allocation for the other two sub- concepts of both equality and efficiency. Now we
jects that maximizes the sum total, even though describe theoretical formulations that merge effi-
this allocation creates greater inequality than two ciency and equality and have been proposed in
other less efficient allocations. prescriptive and descriptive economics, and we
Although numerous studies have identified examine evidence from empirical studies that
efficiency preferences, the evidence overall sug- shed light on such theories as representations of
gests that this preference is often weak or easily moral intuitions about distributive justice.
overturned by competing distributive concerns. In positive economics, descriptive models
Andreoni and Miller (2002), for example, find have been formulated mostly in the effort to rec-
that subjects generally fall into different prefer- oncile theories with findings from economics
ence types and that only about 22 % prioritize experiments. Charness and Rabin (2002), for
efficiency over self-interest and equality. example, first collected experimental data and
Moreover, the subjects in the Engelmann and then sought to fit a stylized model to their experi-
Strobel experiment were economics students, mental results. The experiments comprise a series
who have sometimes behaved differently from of games with either two or three players in
non-economics students in other experiments. which either one or two of the players make
Fehr, Naef, and Schmidt (2006) use samples of choices involving two possible allocations. Some
students from other fields of study and nonaca- decisions are dictator games, although the total
demic employees, and Pelligra and Stanca (2013) payoffs can vary across the two allocations,
use a representative pool of subjects. Both studies which introduces a role for efficiency. These
reveal a stronger concern for inequality aversion decisions are intended to shed light on distribu-
and weaker efficiency preferences with subject tive preferences. Other so-called “response”
pools that are not restricted to economics stu- games involve sequential decisions and addition-
dents. Moreover, fairness attitudes elicited in sur- ally target possible reciprocal motives. We focus
veys indicate that preferences for surplus here on distributive preferences, which Charness
maximization are easily weakened by conflicts and Rabin model as a function of self-interest
with other types of fairness, similar to the previ- (i.e., the agent’s own payoff) and two “disinter-
ously mentioned result with the Pareto Principle ested” criteria. Regarding the latter, they con-
(Konow, 2001). In the survey study of Ahlert, clude, first, that subjects care about maximizing
Funke, and Schwettmann (2013), surplus maxi- the payoff of the worst-off person. This is the
mization and self-interest (i.e., own payoffs) “maximin rule” or what Rawls (1971) called the
coincided with one another and conflicted with “difference principle.” Maximin preferences are
equality, and yet many respondents departed generally equivalent to inequality aversion,
from solutions that maximized own and aggre- except that the former allow departures from
gated payoffs in order to equalize. All of this equality, if such deviations are to the benefit of
suggests that efficiency as a justice criterion is the worst-off person. Second, Charness and
5 The Economics of Justice 89

Rabin conclude that subjects also exhibit a desire conceptual limitations as prescriptive theories,
to maximize the total surplus, that is, that agents such as non-uniqueness (i.e., the inability to
value efficiency in the sense of the compensation identify a single allocation that satisfies the crite-
principle. Indeed, their overall conclusion is that ria). Rather than abandoning efficiency, however,
the importance of inequality aversion in previous some economic theorists introduced an addi-
studies has been exaggerated and that subjects tional “fairness” criterion, partly to reduce the
have strong efficiency concerns. In general, they number of permissible allocations. In the pre-
find that individuals trade off self-interest, the scriptive economics literature, fairness is usually
maximin rule, and surplus maximization. equated with absence of envy (e.g., Foley, 1967),
The study of Andreoni and Miller (2002) or with one of several variations on it (e.g., Pazner
shares similarities with that of Charness and & Schmeidler, 1974). The basic version of this
Rabin. The former authors conduct an experi- theoretical concept states that an allocation (for
ment and present a theoretical model fitted to example, of goods among individuals) is fair, if it
their results that is based on preferences for self- is envy-free, i.e., if no person prefers (or “envies”)
interest, inequality aversion, and surplus maximi- the allocation of another person. It proceeds from
zation. Nevertheless, there are critical differences equal allocations, which are envy-free, and iden-
in design, theory, and results between the two tifies additional unequal allocations that are also
studies. Whereas Charness and Rabin did not envy-free, e.g., different bundles of goods that
conduct within-subject analysis, Andreoni and people would not want to switch with one another.
Miller collected extensive within-subject data. Finally, one looks for allocations that are both
Specifically, subjects make multiple dictator fair in this sense and efficient. There are various
decisions in which the “price of giving” money to conceptual advantages and disadvantages of
recipients differs, i.e., in addition to the standard absence of envy, e.g., it reduces the number of
1:1 ratio of dollar given todollar received; in permissible allocations, but sometimes there are
other decisions a dollar given resulted in recipi- no allocations that satisfy fairness and efficiency.
ents receiving anywhere from 25 cents to four Survey evidence also suggests that it does not
dollars. The authors then estimated individual capture what people usually mean by fairness
preferences, testing three nonlinear functional (Konow, 2003). Other studies produce evidence
forms to identify the best fit, as opposed to the consistent with absence of envy, but suggest it is,
single linear form of Charness and Rabin. The at best, a minor concern (Herreiner & Puppe,
within-subject results permit consideration of 2009, 2010). Beyond prescriptive economics,
possible preference heterogeneity across individ- therefore, absence-of-envy concepts have not
uals, i.e., they allow for individual differences in been very influential.
the weights attached to each of their three Although empirical support for absence of
motives. In fact, Andreoni and Miller find that envy is weak, further experimental studies have
subjects fit mostly into one of three types, been more supportive of fairness in the sense of
whereby each type values only one of the three simple inequality aversion and, specifically, of
motives to the (near) exclusion of the others. the value of merging this preference with effi-
About 47 % of their participants acted selfishly, ciency concerns. Engelmann and Strobel (2004)
taking all or almost all of the earnings, 30 % allo- employed three-person dictator experiments: one
cated so as to equalize payoffs, and 23 % allo- person chooses one of three allocations to him- or
cated so as to maximize total earnings. herself and two other subjects, whereby the total
In prescriptive economics, the main effort to surplus could vary. Their experiments were
develop a theory of fairness is the “absence of designed to test the relative importance of effi-
envy” approach. As previously mentioned, the ciency concerns, maximin preferences, and
efficiency concepts have certain shortcomings as inequality aversion, and the relative performance
descriptive theories, but they also have various of the fairness theories of Bolton-Ockenfels and
90 J. Konow and L. Schwettmann

Fehr-Schmidt. Engelmann and Strobel conclude Overall, the evidence suggests that theories
that subject behavior is best explained by a com- that incorporate both equality and efficiency con-
bination of self-interest, maximin preferences, cerns perform better than those based on inequal-
and efficiency concerns, that is, the Charness and ity aversion or efficiency alone. Nevertheless,
Rabin model best reconciles their results. The many findings are inconsistent with these hybrid
fairness theories of Bolton-Ockenfels and Fehr- models, suggesting that they neglect some rele-
Schmidt, on the other hand, do not perform well; vant fairness preferences. In coming sections, we
indeed, the occasional strength of the Fehr- consider other approaches.
Schmidt model can be attributed to the coinci-
dence of inequality aversion and maximin
preferences in certain decisions. 5.3 Equity and Desert
The Engelmann-Strobel experiments were con-
ducted with business and economics students, and The theories presented in this section challenge
Fehr et al. (2006) argue that their results, therefore, the notion of treating equity as synonymous with
overstate the importance of efficiency relative to equality. They propose, instead, that equity is
equality. Fehr et al. replicated the Engelmann- based on conditions that usually imply inequality
Strobel study with business and economics stu- rather than equality.
dents, on the one hand, and with various groups,
on the other hand, including students with other
majors and nonacademic employees. They found 5.3.1 Equity
strong subject pool effects: whereas most business
and economics students chose the most efficient In his Nicomachean ethics (fourth century BC,
and least equal allocation, most subjects in the 1998), Aristotle declared that “equals should be
other group chose the most equal and least effi- treated equally, and unequals unequally, in pro-
cient allocation. Fisman, Kariv, and Markovits portion to relevant similarities and differences.”
(2007) extended the analysis of Andreoni and Approximately twenty-three centuries later, soci-
Miller and found mostly “well- ologists (e.g., Homans, 1958), social psycholo-
behavedpreferences,” i.e., behavior was largely gists (e.g., Adams, 1965), and later economists
consistent with a choice theory that includes self- (e.g., Selten, 1978) picked up on this and pro-
interest, maximin, and efficiency. Collecting indi- posed “equity theory,” which defines equity in
vidual data and using both two player and three terms of proportionality rather than equality. That
player dictator games, they found considerable is, fair outcomes to people are in proportion to
heterogeneity in preferences across subjects, but certain individual differences.
fairly consistent trade-offs between efficiency and Evidence ofpreferences for proportionality can
equity within subjects. Nevertheless, they also be found in studies of the “claimsproblem.” This
found some behavior inconsistent with models refers to situations in which individuals acquire
based solely on self-interest/efficiency/maximin claims on (i.e., historical entitlements to) some
as with Andreoni-Miller and Charness-Rabin, fraction of a resource, but the sum of these claims
which they attribute to competitive preferencesand exceeds the available resource. This is not an
lexicographic preferences for self over other.2 infrequent circumstance in the real world, for
example, when a firm goes bankrupt and its
remaining assets must be distributed. This prob-
2
Lexicographic preferences are when someone prefers lem has received considerable attention in the
more of one thing (say, good X) to any amount of another social choice literature, e.g., Moulin (2002) and
(say, good Y), but if two bundles contain the same amount Thomson (2003). Various theoretical solutions
of X, the bundle with more Y is preferred. In the current
have been proposed for adjudicating among the
context, it means agents always prefer more for them-
selves, but for a given amount for themselves, they prefer conflicting claims, and evidence has been col-
more for others. lected on popular support for these solutions. In
5 The Economics of Justice 91

the questionnaire study by Bosmans and distinction common to them is the so-called
Schokkaert (2009), participants faced problems of “responsibilitycut,” i.e., the partitioning of attri-
dividing reduced funds in two contexts: earnings butes into those that justify inequality from those
to owners of a firm and payments to pensioners. that have no such standing (e.g., see Schokkaert
The authors systematically varied the individual & Devooght, 2003). This is the critical question
claims and amount to be distributed and checked asked in the prescriptive literature on
for the perceived fairness of eight different rules. “responsibility-sensitive-->egalitarianism” (e.g.,
In both contexts and in two different countries see Fleurbaey, 2008). A frequently advanced
(Belgium and Germany), the proportionality rule claim is that people are responsible for their
outperformed all other rules with preferred alloca- effort but not for their luck, and that assertion
tions being proportional to existing claims. finds support in both experiments and observa-
Two other studies of the claimsproblem com- tional studies outside the laboratory.
pared prescriptive evaluations in surveys with the Hoffman and Spitzer (1985) conducted a bar-
behavior of paid subjects in experiments. In the gaining experiment with paired subjects in which
study by Gächter and Riedl (2006), one group of the more powerful position of “controller” could
subjects bargained over real money in a claims be either assigned randomly based on a coin flip
problem based on their performance on a quiz, in one treatment or earned based on higher per-
whereas a different group faced the same distri- formance on a preliminary game between the two
bution problem but as respondents choosing the subjects in another treatment. The controller
fairest allocation in a hypothetical scenario. The could allocate earnings unilaterally, although
authors found that proportionality was the pre- there was also a negotiation phase, in which the
ferred rule in the survey, whereas allocations in counterpart could enter into discussions with the
the experiment shifted in the direction of equal- controller and offer side payments. In the treat-
ity. Similarly, Herrero, Moreno-Ternero, and ment with the coin flip almost all groups agreed
Ponti (2010) found that the vast majority of sur- on (almost) equal distributions, whereas in the
vey respondents chose in accordance with pro- game treatment controllers obtained, on average,
portionality, whereas subjects in paid experiments a larger share of earnings. The authors attribute
applied different rules depending on the experi- this to the role of luck in the first treatment and to
mental game and the monetary incentives. Thus, the presence of effort in the second.
it appears that proportionality has normative This conjecture also seems consistent with
appeal but that its effects are attenuated, when observational studies. For example, Fong (2001)
people have personal stakes in the outcomes. used results of the 1998 Gallup Poll Social Audit
Survey on attitudes of members of the labor
force. She found strong correlations between
5.3.2 Desert support for redistribution to the poor and beliefs
that the causes of poverty and wealth are due
Early equity theorists in sociology and social more to bad luck than to lack of effort.
psychology left open the question of which vari- Interestingly, controlling for these beliefs, the
ables fair outcomes are proportional to. Since any effects of various proxies for self-interest, such as
variable might be chosen, this version of equity socio-economic status, were poor predictors of
theory predicts everything, which is to say, it pre- support for redistribution. Similarly, Alesina and
dicts nothing. Thus, one must address, as Aristotle Angeletos (2005) argue that differences in the
suggested, the question of which differences are perception of the roles of effort and luck in deter-
“relevant.” In justice research, theories of desert mining one’s lot in life explain cross-country dif-
call for inequalities based on responsibility, ferences in support for taxationand redistribution.
although they do not necessarily incorporate Indeed, in their theory, such attitudes can result in
the specific requirement that inequalities be pro- self-fulfilling prophecies, causing some societies
portional, as in equity theory. But the critical to be more socially mobile than others.
92 J. Konow and L. Schwettmann

5.3.3 Equity and Desert: ings between the two subjects in the second stage
The Accountability Principle of the experiment. In “discretionary” treatments,
individual productivity differs due to effort,
Although the evidence regarding the relationship whereas in the “exogenous” treatments (con-
of effort and luck to fairness seems strong, there ducted only in the 2000 paper), productivity is
are additional variables that strike many people equal, but individual contributions to earnings
as relevant, e.g., educational choices, investment differ because of arbitrary differences in piece-
decisions, or as irrelevant, e.g., genetic traits, rates. This treatment variable is crossed with the
inherited wealth. Konow (1996) proposed a gen- choice of dictator for the second allocation phase:
eral rule for the responsibility cut based on the dictator is a third party, or “spectator,” who is
whether or not an agent can reasonably affect a paid a fixed fee to allocate the joint earnings of
factor. Those factors one can reasonably influ- the pair, or the dictator is one of the subjects in
ence are “discretionary variables,” which include the pair itself, i.e., a so-called “stakeholder.” On
effort and choices, and those that one cannot are average, spectators allocate proportionally in the
called “exogenous variables,” which include discretionary treatments and equalize in the
genetic traits and brute luck (i.e., luck that is not exogenous treatments, consistent with the
under one’s control). The “accountability princi- accountability principle. Dictators who are stake-
ple” merges this distinction with the proportion- holders allocate similarly, except they take, on
ality of equity theory and claims that fair average, a larger than fair share, and the effect of
allocations vary in proportion to discretionary the discretionary variable is weaker, whereby
variables but disregard any effects of exogenous both findings are consistent with effects of
variables. Interestingly, the accountability prin- self-interest.
ciple emerged by induction through empirical The accountability principle seems useful for
research, but similar thinking, called liberal egal- other purposes. On the one hand, it and related
itarianism, was being proposed in a separate constructs can inspire more sophisticated empiri-
development in the prescriptive literature, e.g., cal measurement based on prescriptive concepts
Dworkin (1981), Arneson (1989), Roemer of justice and injustice. For example, Almås,
(1998), Bossert and Fleurbaey (1996), and Cappelen, Lind, Sørensen, and Tungodden
Cappelen and Tungodden (2009). At any rate, (2011) used the related principle of proportional-
Konow claims strong support for the accountabil- ity and responsibility proposed by Cappelen and
ity principle from his surveys (1996, 2001) and Tungodden (2010) to conclude that the distribu-
experiments (2000, 2009 with Siajo and Akai), tion of income in Norway had become less fair
which we now discuss. from 1986 to 2005. On the other hand, it can help
The surveys involve hypothetical scenarios, explain findings of other experimental studies.
which respondents judge as fair or unfair. Large For example, Cherry, Frykblom, and Shogren
majorities find it fair to allocate earnings in pro- (2002) report very low transfers by dictators, who
portion to discretionary variables and to ignore first had to perform a task for their earnings:
exogenous variables across a variety of contexts depending on level of endowment and anonymity
including those relating to labor compensation, in the experimental condition, 70–97 % of dicta-
product pricing, the environment, resource allo- tors who performed the task gave nothing at all,
cation, and foreign aid. The experiments involve compared with only 15–19 % in conditions where
a realefforttask: subjects first prepare flyers for dictators performed no task and were simply
mailing, which is the basis for earnings.3 Subjects endowed with their earnings. The authors con-
are paired and their earnings pooled, then a ran- clude that “Strategic concerns—not fairness –
domly chosen dictator allocates the pooled earn- appear to be the motivation for other-regarding
behavior when people bargain over earned
3
This task has also been employed in subsequent studies, wealth” (p. 1221). But the recipients in the Cherry
e.g., Falk and Ichino (2006) and Carpenter et al. (2010). et al. study had no opportunity to participate in a
5 The Economics of Justice 93

task, so Mittone and Ploner (2008) replicated They find that subjects mostly fall into one of
their experiment but allowed both dictators and three categories with respect to their fairness pref-
recipients to perform the same task. Now, only erences: 44 % are egalitarians and prefer equal
21–48 % of dictators transferred nothing to recip- total earnings, 18 % are libertarians and wish to
ients. The patterns from both studies seem con- leave earnings as they are regardless of the source
sistent with fairness in the sense of the of differences, and 38 % are liberal egalitarians
accountability principle, moderated, of course, who respect the effects of different investment
by the influence of self-interest on behavior and decisions but ignore (i.e., equalize for) differences
(sometimes self-serving) interpretations of fair- in rates of return. There is ambiguity about how to
ness. Dictators and recipients are equally respon- reconcile these results with responsibility
sible for earnings when both perform the task and concepts.
when neither performs the task, so the account- These last two studies, therefore, seem to pro-
ability principle calls for equal splits, and dicta- vide, at best, qualified support for the account-
tors are relatively generous. When only dictators ability principle, which raises the question of
exert the effort and generate the earnings, how- possible sources of differences between them and
ever, they consider only themselves responsible Konow (2000). For example, in the Cappelen,
for earnings and feel justified in giving away little et al. study, the investment decision seems discre-
or nothing. tionary and the rates of return exogenous, but
Evidence from other experiments suggests that fewer than one-half of the subjects exhibit the
the location of the responsibility cut might not be corresponding liberal egalitarian preferences.
clearly agreed upon. In the experiment of Frohlich, One possibility is that basing the responsibility
Oppenheimer, and Kurki (2004), subjects first cut on the discretionary vs. exogenous distinction
generate earnings by discovering spelling errors is erroneous, or at least incompletely specified.
in a proofreading task. Then the subjects are Replication might shed light on the robustness of
paired, and one arbitrarily chosen member of each these results. Cappelen, Sørensen, and Tungodden
pair allocates the pooled earnings. The dictator (2010) added several wrinkles to their 2007
allocations suggested heterogeneous agents: they study: earnings reflected individual productivity
exhibited varying degrees of self-interest, and, in at a typing task, subject choice to work either 10
terms of fairness, some leant toward equality and or 30 min, and the exogenously given price per
others toward equity (i.e., proportionality). word correctly typed. Otherwise, the design is
Whereas the earnings in Konow (2000) were due similar to their earlier study with multiple pair-
solely to either discretionary or exogenous factors ings, allocation decisions, and randomly chosen
depending on the treatment, Cappelen, Hole, payments. As in their previous study, they find
Sørensen, and Tungodden (2007) sought to com- considerable differences in fairness types: 18 %
bine these two into a single treatment: paired sub- are egalitarians, 30 % are libertarians, 5 % are
jects could make different decisions and achieve choice egalitarians (only choice of work time
different rates of returns on their decisions in the matters), and 47 % are a new category they call
production phase. The production in their experi- meritocrats (work time and productivity count
ment involved a decision about how much of an but price differences do not). Konow et al. (2009)
endowment to invest, which could either be dou- utilize the discretionary stakeholder and specta-
bled (in the low return case) or quadrupled (in the tor treatments of Konow (2000) with subjects in
high return case). In the distribution phase, sub- the U.S. and Japan and replicate the earlier pat-
jects were paired with different counterparts hav- tern of proportionality among spectators and an
ing different investment decisions and either attenuated effect with stakeholders in both sub-
different or equal rates of return, and both sub- ject pools. Thus, these replications seem success-
jects in each pair made allocation decisions. ful but in replicating ostensibly contradictory
Actual payments were based on one randomly results, and they do not, therefore, resolve the
chosen matching and a randomly chosen dictator. validity of the accountability principle.
94 J. Konow and L. Schwettmann

Another possible explanation is based on dif- the fair share, being lucky by having a higher
ferences in experimental design and in how sub- endowment causes low performers to take more,
jects might interpret relevant differences. For and making payments probabilistic by allocating
one, the studies of Frohlich et al. and Cappelen lottery tickets instead of money causes all types
et al. employed stakeholders, who make deci- to allocate more selfishly.4
sions affecting their own allocations, whereas the Another design issue that surfaces in such
studies of Konow and Konow, Saijo, and Akai experiments is the attribution of responsibility for
used both stakeholders and spectators. The strict differences in production. In Cappelen et al.
proportionality in the latter is associated only (2007), differences arise from amounts invested,
with spectators, whereas this effect is weaker whereas the other studies cited utilized real effort
among stakeholders and in Konow, Saijo, and tasks. In addition to proofreading, letter stuffing,
Akai is combined with equality preferences. This and typing, such tasks have included entering
is consistent with the previously cited distinc- bibliographical records (e.g., Tonin &
tions between spectators and stakeholders Vlassopoulos, 2012), counting letters in para-
reported in Gächter and Riedl (2006) and Herrero graphs (e.g., Rosaz & Villeval, 2012), answering
et al. (2010). Thus, the findings of the Frohlich general knowledge questions (e.g., Gächter &
et al. and Cappelen et al. studies do not necessar- Riedl, 2005), playing a game (e.g., Hoffman &
ily contradict the accountability principle, which Spitzer, 1985), and moving objects on a com-
is an impartial standard that can be more closely puter screen (e.g., Gill & Prowse, 2012). At least
associated with spectators, and are also consis- two questions arise about relating performance in
tent with stakeholders who care about account- these activities to justice preferences. First, to
ability, self-interest, and equality. what extent are subjects responsible for any dif-
If the targeted fairness preferences are sup- ferences? The accountability principle ignores
posed to be impartial, there are challenges in repercussions of innate differences, but does
using stakeholders because of the influence of one’s score on a general knowledge quiz or skill
self-interest. Cappelen et al. address this issue by in a game reflect choices, innate skills, or some
adding assumptions about the structure of indi- combination of the two?
vidual preferences (or utility, in economics termi- Second, the accountability principle refers to
nology). Without imposing such assumptions, activities that generate something of value.
however, one can obtain empirical measures of Although the tasks in these laboratory experi-
the effects of self-interest. For example, Konow ments generate subject earnings, it is unclear to
(2000) concluded that over 60 % of unfair behav- what extent subjects view their production as
ior can be traced to self-deception, i.e., unfair being of true economic value as opposed to an
people deceiving themselves into believing they artificial exercise in which the experimenter
are being fair. This conclusion is based on mon- transfers money to subjects for a meaningless
etarily incentivized decisions about the allocation activity. Perhaps the strong proportionality results
of rewards in roles of both stakeholder and spec- in the studies of Konow and collaborators reflect
tator. Some evidence points to self-serving inter- favorable answers to both of these two questions:
pretation of competing distribution rules, which 80 % of participants in Konow, Saijo, and Akai
is sensitive to opportunities to distance oneself believe that performance in the letter stuffing task
from one’s choices (similar to the evidence cited was under the control of subjects, and the task
in the previous section, e.g., Dana et al., 2007). seemed to be widely accepted by subjects as gen-
For example, Becker (2013) conducted a dictator
experiment with productionusing stakeholders.
4
Allocations were driven mostly by performance There is now a very substantial literature on self-serving
fairness biases. A few such studies include Babcock,
in an effort task, but introducing different forms
Loewenstein, Issacharoff, and Camerer (1995), Piovesan
of luck altered behavior: being lucky by having a and Wengström (2009), Rodriguez-Lara and Moreno-
randomly higher wage results in taking more than Garrido (2012), and Ubeda (2014).
5 The Economics of Justice 95

erating useful output (although no deception was rators (Henrich, 2000; Henrich et al., 2001). They
employed), consistent with the claim by conducted versions of the ultimatum game with
Carpenter, Matthews, and Schirm (2010) of its people in small scale societies across the world
high external validity. and found large differences in behavior ranging
In this section, we have reviewed evidence from very meager proposer offers that were rarely
that strongly supports the relevance of equity (or rejected to “hyper-fair” proposals (i.e., more than
proportionality) and desert (or responsibility) for one-half of stakes) that were also frequently
fairness. Nevertheless, there is still debate about rejected!
the exact location of the responsibility cut. Another research program claims that justice
Moreover, findings reviewed in the prior section is not context-specific but rather context-
and in the following section suggest that one dependent-->. That is, it asserts that there are
must include additional concepts in order to multiple principles of justice, which are shared
account for fairness views. across different contexts, but the interpretation of
and weight assigned to the various principles
depends on the context. For example, in the
5.4 Pluralism and Context context-dependent--> version of justice in Konow
(2001, 2003), all people in all places are seen to
We have seen that different evidence supports care about accountability, efficiency, and basic
different theories of justice. One explanation for needs, but their interpretation of how to apply
this fact is based on the following two claims: each principle and how to weight each principle
first, justice is pluralistic, consisting of multiple depends on the context. Here one can think of
principles, and, second, the relevance of a prin- context as the set of people and variables in a
ciple, or combination of principles, relates to the situation being evaluated, and one can distinguish
context. This section considers approaches to two types of context. First, there are the imper-
economic justice that are founded on these dual sonal fundamentals of the people and variables
concepts of pluralism and context. being judged in fairness terms, and, second, we
have the personal context of those who are judg-
ing, that is, the evaluators’ own histories, charac-
5.4.1 Context teristics, and any traits that might impact their
fairness views.
Broadly speaking, we can distinguish two Taking an application of this second type of
research programs that relate context to pluralis- context first, a context-dependent approach
tic justice. Context-specific approaches to justice would see the Henrich et al. results, in particular,
claim that different fairness principles apply in those that are aberrant compared to the vast
different contexts. In philosophy and prescriptive majority of findings, as reflecting differences in
economics, Elster (1992), Walzer (1983), and weights attached to different motives, which are
Young (1994), among others, have made influen- consistent with differences in the cultural condi-
tial contributions to context-specific justice, tioning of the participants. For example, the mea-
arguing for fairness rules that vary with institu- ger offers and infrequent rejections are consistent
tions, nationality, the good being distributed, and with societies in which self-interest often domi-
culture. The best known version of context- nates fairness concerns; indeed, this behavior
specific--> justice, or rather context-specific eth- approximates the predictions of the standard
ics in general, is moral relativism, which claims model that is based on rational self-interest. The
that morality is culture-specific, i.e., people fol- hyper-fair offers and rejections of such offers, on
low different moral norms, including fairness the other hand, are consistent with societies based
rules, in different cultures. Empirical evidence on mostly on gift-givingand reciprocity in which
cultural specificity related to justice can be found generous offers produce greater obligations on
in the seminal studies of Henrich and his collabo- the recipients, hence the frequent rejection of
96 J. Konow and L. Schwettmann

such offers. This is to say that self-interest, fair- Although most studies show little effect of the
ness, or reciprocity are valued in all of these soci- size of stakes, there is evidence that hypothetical
eties, but the cultural experiences of the subjects (i.e., zero) stakes do make a difference in dictator
lead them to interpret the experiment differently and ultimatum games: subjects make fairer
and to weight the principles differently. choices relative to games with real, positive
Let us clarify the distinction between these stakes (e.g., Forsythe et al., 1994). Another
two views of context with an example. Context important aspect of stakes is whether they are
specificity might claim that people in a poor personal: in experiments with stakeholders and
society care only about basic needs, whereas spectators, both have positive stakes, but only the
those in an economically developed country stakeholder stakes are personal. Stakeholders
value desert and efficiency. Context depen- make decisions affecting their own, personal pay-
dence, on the other hand, asserts that all people offs, whereas spectators are paid a fixed amount
care about a common set of principles, but the to decide the payoffs of others. In the previous
salience of each principle varies across societ- section, we discussed evidence showing that
ies. For people in a poor country, basic needs are spectators allocate earnings proportionally,
often most salient, but they also express prefer- whereas stakeholders shift toward a mixture of
ences for desert and efficiency, e.g., they make proportionality and equality. Konow et al. (2009)
more efficient choices, when the sacrifice in vary how personal relationships are across treat-
terms of need satisfaction is small enough. ments and find proportional allocations when
Similarly, need is less salient to those in devel- stakes are not personal but an increasing move-
oped countries, but, nevertheless, people there ment toward equality, as they become more per-
do transfer substantial amounts of resources to sonal across treatments. In addition, spectator
satisfy basic needs. decisions reflect a significantly higher level of
Economists have examined the relationships agreement than stakeholder decisions, according
between fairness preferences and many demo- to the results of various studies (e.g., Cappelen,
graphic variables, including gender, academic Nielsen et al., 2013; Croson & Konow, 2009;
major, age, race, and even beauty (for example, Konow, 2000), reflecting, in part, variation across
see Camerer, 2003). Croson and Gneezy (2009) stakeholders in the weight they attach to fairness
review numerous studies for gender effects and relative to their material interests. If one wishes
conclude that men, relative to women, are more to obtain clearer signals of impartial judgments
concerned with efficiency and less with inequal- about justice in experiments and surveys, there-
ity. In particular, the evidence suggests that wom- fore, Konow (2009) underscores the value of
en’s choices are more context-dependent than seeking to reduce the salience of personal con-
men’s (see also Schwettmann, 2009, for an over- text, which might introduce bias, while at the
view). Overall, though, demographic variables same time including relevant impersonal
seem to have rather small effects on behavior in fundamentals of the people and variables being
economics experiments, although differences evaluated by subjects or respondents.
between groups are sometimes statistically sig- Nevertheless, evidence of framingeffects sug-
nificant. Many other factors of the context have gests that fairness judgments are not always sta-
been studied in experiments, including the num- ble, even under conditions in which the evaluators
ber of repetitions of experiments, the size of have no material stakes and the context is pre-
stakes, or the degree of anonymity of players. In sented impersonally. Framing effects are differ-
his review, Camerer (2003) concluded that, in ences in judgments due to seemingly
ultimatum games, repetition makes little differ- inconsequential changes in the presentation of
ence and the only effect of stakes is that larger the same fundamentals. The seminal study of
stakes cause given offers to be rejected more fre- Kahneman et al. (1986) examined economic jus-
quently, whereas, in dictator games, greater ano- tice views with respect to various vignettes
nymity lowers dictator gifts. involving changes in prices or wages and identi-
5 The Economics of Justice 97

fied framing effects. For example, in their the overlap of pluralistic justice in economics
Question 4, a company cuts real (i.e., price- with work in social psychology: Deutsch (1985),
adjusted) wages by 7 % in light of a local reces- Lerner (1975), and Leventhal (1976), among oth-
sion, which a majority of respondents judged as ers, have also proposed multiprinciple approaches
unfair when due to a cut in nominal (stated) to justice that rest on some of the same principles
wages, but as fair, if accomplished by the com- discussed here, including need and equality.
pany’s failure to increase nominal wages with Empirical social choice begins with a paper by
inflation. This seemingly contradicts any previ- Yaari and Bar-Hillel (1984), who presented
ously discussed fairness rules, whether equality, Israeli college students with questions based on a
efficiency, desert, or proportionality, which are hypothetical scenario involving the division of
usually applied to real outcomes. Real payoffs two fruits between two agents. Respondents were
are equivalent across the two versions of this sce- asked to choose the just division from among a
nario. Konow (2003), however, argues that such set of allocations that coincided with different
framing effects are consistent with general justice distribution rules, including equality, utilitarian-
principles, if respondents are applying principles ism, maximin, and various game theoretic bar-
to the subjective values of those being evaluated gaining solutions. Interest in the maximin rule
rather than to the objective, economic variables. arises from Rawls (1971, 1974) difference prin-
In the aforementioned example, suppose respon- ciple, which calls for allocating social and eco-
dents care about the subjective satisfaction of nomic goods so as to maximize the benefits of the
those being evaluated and believe, in contexts worst-off individual. It usually conflicts with
involving changes rather than levels of variables, utilitarianism (e.g., Harsanyi, 1975), which max-
that it is tied to changes in nominal, rather than imizes the sum total of benefits, and sometimes
real, wages and prices (called money illusion in also with inequality aversion. Across questions,
economics). Then a cut in nominal wages there was variation in information relevant to
imposes an unfair cost on employees without any needs, tastes, and beliefs of the two agents in
countervailing cost being borne by employers, the scenario, and the authors found significant
whereas failure to adjust the nominal wage differences in responses depending on this
imposes no such subjective cost. information.
When presented as a matter of needs, specifi-
cally in terms of the nutritional value of the fruits
5.4.2 Pluralism (which differ to the agents), 82 % of respondents
chose the maximin allocation, which distributed
We now turn our focus from context to pluralistic the fruits unequally in order to equalize the health
justice. Both topics are interconnected, but the value across agents. Other information condi-
previous subsection stressed the role of context, tions, however, yielded a more disperse
whereas this subsection focuses on the principles. distribution of views. Information about the dif-
Various theories and empirical findings of multi- fering tastes (or utility) of the agents resulted in
criterion justice were discussed in the previous 35 % choosing the utilitarian allocation, which
sections on equality and efficiency and on equity maximizes total utility, 28 % equalizing utility
and desert. So, here we address additional fair- across agents, and the remaining respondents
ness concepts and empirical evidence on their choosing one of three other distributions. When
comparative importance. In addition, previous presented as agents’ beliefs about the nutritional
discussions have focused mostly on the behav- value of the fruits, 51 % chose equal perceived
ioral economics literature, whereas here increased benefits across agents, 34 % ignored beliefs and
attention will be paid to results from empirical equalized the two fruits to the agents, and 15 %
social choice where one often finds simultaneous the other three choices. Moreover, when the
empirical analysis of multiple prescriptive theo- nutritional or taste values of the fruits are varied
ries of justice. Nevertheless, we should also note in the various information conditions, subject
98 J. Konow and L. Schwettmann

responses often change. This leads to the first on in questionnaire studies conducted in Belgium,
main conclusion from the findings of this study, Burkina Faso, and Indonesia. Although no unam-
namely, that people trade off various goals such biguous consensus among respondents emerges,
as equalizing or maximizing values. The second the authors find limited support that agents are
important result of this study is that the only dis- held responsible for preferences with which they
tributive rule, which emerges clearly, is the maxi- identify. They find stronger support that the
min rule: only it garners a relatively robust responsibility cut is drawn based on the variables
majority of votes and only when needs are salient. agents control, consistent with the accountability
Needs have, until fairly recently, been mostly principle. There is also agreement across the
neglected in behavioral economics, whereas they three samples on the location of the responsibil-
have been more extensively investigated in ity cut, although there are some differences in the
empirical social choice. weight attached to efficiency.
In order to investigate the empirical accep- Other studies have focused more closely on
tance of the maximin principle more thoroughly, conflicts between responsibility and other goals.
Gaertner and his co-authors conducted numerous In the questionnaire study of Schwettmann
survey studies in different countries (see Gaertner, (2009, 2012), respondents exhibited disperse
1994; Gaertner, Jungeilges, & Neck, 2001; preferences for maximin, basic needs, and utili-
Gaertner & Schwettmann, 2007). One scenario tarianism with a floor, i.e., maximizing the aver-
involves the allocation of a fixed sum of money age subject to a minimum income. In versions of
between a disabled person, who could then learn the questionnaire, the worst-off agent was
some very basic things, and an intelligent child, responsible for his plight, and the size of the
who could achieve greater educational advances. better-off group was varied in a within-subject
This results in a conflict between the needs of the design. A moderate trade-off between efficiency
handicapped person and efficiency issues with the and needs was found, but, in this scenario, most
intelligent child. Different versions of the sce- respondents allocated consistently to the worst-
nario vary the number of intelligent children, who off agent. Faravelli (2007), on the other hand,
can be helped with the money. The results show found support for rewarding higher productivity
that most respondents initially help the handi- when it was due to different effort levels, but
capped person, but they increasingly switch over maximin gained most support in the case where
to helping the children, as their numbers rise. low productivity was due to a handicap. Gaertner
Hence, participants seem to trade off concerns for and Schwettmann (2007) also combined aspects
needs and efficiency. Furthermore, the results of responsibilityand basic needs: in one version a
were varied somewhat with contextual elements disabled person was handicapped from birth,
of the respondents, including their cultural back- whereas in another version, the handicap was due
ground and some socio-demographic characteris- to participation in a dangerous sport. Support for
tics like gender. As reviewed in Schwettmann the needy person was lower, when the agent was
(2009), such differences have surfaced rather responsible for the handicap.
often in empirical social choice studies. There is also evidence consistent with a con-
As previously discussed, behavioral econo- cern for basic needs from incentivized economics
mists have studied questions of responsibility, experiments. In the Eckel and Grossman (1996)
and this topic has also been examined in empiri- dictator experiment, subjects allocated a fixed
cal social choice. Indeed, Fleurbaey and Maniquet sum between themselves and an anonymous stu-
(2010) have argued that such concerns might dent recipient in one treatment, or between them-
have been implicated in the Yaari and Bar-Hillel selves and the American Red Cross in another.
study, depending on whether agents are held Average transfers in the latter treatment were
responsible for their tastes. Schokkaert and three times those in the former. To address ques-
Devooght (2003) addressed responsibility head tions of responsibility and need, Cappelen,
5 The Economics of Justice 99

Moene, Sørensen, and Tungodden (2008) con- persons and variables being evaluated. Taken as a
ducted a dictator game with production with sub- whole, we conclude that justice is context-
jects in two rich countries (viz., Norway and dependent-->, i.e., based on shared principles
Germany) and subjects in two poor countries that are sensitive to the context, rather than
(Uganda and Tanzania). When incorporating the context-specific-->, i.e., heterogeneous across
needs motive in a statistically estimated choice different contexts. That is, there is individual and
model, the authors found that the predicted even cultural variation in the interpretation of or
amount transferred from rich dictators to poor weight placed on different fairness concepts and
recipients increased dramatically. They found these respond to the context of the evaluator and
most subjects exhibited a concern for productiv- the evaluated, but fairness values are shared in
ity differences and some for basic needs. In con- common. In addition, the results of surveys and
trast to previous experiments that consciously economics experiments strongly support the
avoided moral context, Aguiar, Brañas-Garza, claim that people value multiple principles, with
and Miller (2008) accentuated it by explicitly robust evidence of responsibility, proportionality,
stating the benefits to the poor recipients and efficiency, basic needs, and equality.
found that a large majority of dictators donated
their entire €15, often citing a concern for the
basic needs of the recipients. 5.5 Risk
Konow (2010) presented alternative theories
of motivations for giving parallel to dictator Risk is involved in virtually all situations in
experiments designed to test them. The design which justice is implicated, including in many
included variations on recipients (fellow students of the most important contemporary issues of
or charities), the endowment of recipients, the justice. By definition, risk involves the possibil-
presence of matching grants, and the measure- ity of either gain or loss, but its positive and
ment of dictator feelings. Average givingto chari- negative features go beyond this simple obser-
ties was significantly greater than that to student vation. Reckless risk-taking is behind important
counterparts, although matching grants reduced deleterious events such as the recent financial
somewhat this difference. Moreover, generosity crisis, but risk-taking by entrepreneurs, work-
created good feelings when recipients were char- ers, and even public officials is also an indis-
ities and bad feelings when they were fellow stu- pensable (and unavoidable) ingredient in many
dents, although the best feelings were those of productive economic and social activities,
dictators, who were denied the opportunity to including those involving innovation, educa-
share and got to keep the entire endowment. tion, and investment. Despite the importance of
Overall, these results are inconsistent with stan- questions of risk, the vast majority of empirical
dard models of altruism and with social prefer- justice research in economics and other disci-
ence models that are based on single norms. plines has been developed in deterministic con-
Instead, the conclusions were interpreted as fit- texts. There have been several recent advances
ting best a model that incorporates context- on these questions, which we review briefly in
dependent-->fairness norms, consistent with the this section. One strain of the literature has
framework of Konow (2001, 2003), in which jus- explored whether certain behaviors should be
tice is based on the three principles of account- attributed to fairness OR risk, i.e., to what extent
ability, efficiency, and basic needs. risk preferences might be driving apparent fair
This section has reviewed results in the eco- conduct. Another very recent development
nomics literature on the effects of context and on focuses on fairness AND risk, i.e., this research
the relevance of multiple fairness principles. asks what the fair allocations of rewards are to
Empirical evidence indicates that context matters agents who have chosen to take risks or to avoid
for fairness judgments, both in the sense of the them. This topic, therefore, relates to questions
context of the evaluators and the context of the of justice and responsibility.
100 J. Konow and L. Schwettmann

5.5.1 Fairness or Risk allocate tokens to a lottery and compared this to


shares allocated in a standard deterministic dicta-
Most previous experimental studies of fairness in tor game. Their subjects allocated very selfishly,
the context of risk fall into the first category on average, but they were somewhat more gener-
above: they have examined the role preferences ous in the standard dictator game. To the extent
for fair distributions versus the desire to avoid some dictators deviated from self-interest; it was
risk. As already reviewed here, many proposers more for the sake of efficiency (or surplus maxi-
choose seemingly generous offers in the ultima- mizing) than equality. Measured risk preferences
tum game. It is unclear, however, that this is moti- were not significantly related to dictator
vated by fairness or any other moral concern: decisions.
even an entirely self-interested proposer might In the experiment of Bradler (2009), subjects
offer a generous fraction of the pie (i.e., fixed made a series of choices between lotteries and
stakes), if there is the fear that the responder will, certain payoffs. She concluded that people were
for whatever reason, reject a meager offer. In fact, willing to deviate significantly from their indi-
the aforementioned comparisons of ultimatum vidual risk preferences in order to increase the
proposals and the typically smaller dictator gifts other’s payoff. This and other studies shed light
suggest that an important fraction of ultimatum on risk preferences, fairness preferences, and
offers are motivated by self-interest. There is an their interaction and are relevant, therefore, to
additional role, though, for risk preferences: discussions of procedural justice. Indeed, the
making a less than fair offer (one-half in the stan- seminal experimental study on this topic by
dard ultimatum game) increases the risk of rejec- Bolton, Brandts, and Ockenfels (2005) suggests
tion, but, in most cases, the expected value is that preferences for fair opportunities are distinct
maximized at less than one-half. Thus, a self- from those for fair outcomes, although the two
interested and risk neutral proposer will typically are still related. Specifically, rejection rates for
offer less than the fair amount, but a risk averse given offers in ultimatum-like games depend on
proposer weights losses more heavily than gains the available procedures: rejection is higher, if
and will offer more than the risk neutral proposer. the proposer could have, but did not, choose a fair
In fact, the ultimatum study of Oechssler, Roider, procedure. Wu and Roe (2006) similarly found a
and Schmitz (2006) finds that a measure of risk preference for fixed contracts over tournaments
aversion is correlated in this manner with pro- (i.e., where only one party acquires a prize) based
poser offers. not on risk aversion, but on fairness concerns.
More generally, the relationship between fair-
ness and risk preferences depends on a rather
complex set of considerations captured in com- 5.5.2 Fairness and Risk
peting theoretical models. Babicky (2003) used
dictator games where the pie size was a random Most of the literature on fairness or risk involves
variable and found dictator giving was related to ex ante justice, i.e., the possible role of fairness
both fairness and risk preferences, suggesting preferences preceding decisions involving risk.
that people prefer to share risk, although the The literature on fairness and risk, on the other
exact relationship between risk and fairness hand, includes consideration of ex post justice,
depends on the individual degree of risk aversion. i.e., the fairness of allocations after parties have
Babicky, Ortmann, and Van Koten (2013) made their choices about risk taking. That is,
extended this study to include ultimatum and what is the fair allocation to a party that has
other games and found that those who are more made, or avoided, a risky choice that has resulted
risk averse are also more inequality averse, but in some payoffs? There is a related, and exten-
the within-subject design also revealed consider- sive, theoretical literature on the prescriptive
able inconsistency in decisions at the individual question of how one should evaluate risky situa-
level. Krawczyk and Le Lec (2010) had dictators tions, e.g., Harsanyi (1955), Diamond (1967),
5 The Economics of Justice 101

Hammond (1981), and Fleurbaey (2010). Our these three types, and the frequency of each type
focus here, though, is on the empirical literature, was approximately the same for stakeholders and
which is emergent. Brock, Lange, and Ozbay spectators. An overlapping majority of subjects,
(2013) set out to examine whether fairness pref- however, made choices consistent with the choice
erences are based on ex post payoffs or ex ante egalitarian view on the two main questions: lucky
chances. Ex post fairness would ignore chances risk-takers should compensate unlucky risk-
and focus only on payoffs, whereas ex ante fair- takers, but no redistribution is called for between
ness considers only chances and not payoffs. The risk-takers and risk-avoiders.
authors employed a dictator experiment in which We have reviewed the literature on fairness
dictators allocated tokens to themselves and when risk is potentially implicated. One can dis-
recipients with variation across treatments in tinguish at least two questions on this topic: first,
whether each token produced money with cer- what are the separate roles of fairness and risk
tainty or a lottery ticket and in whether the lottery preferences, and, second, what does fairness dic-
ticket option applied only to the recipient, to nei- tate about the rewarding of risk-taking behavior?
ther dictator nor recipient, or to both. They con- Despite its great importance for many economic
clude that the results are best reconciled with a and social debates and policies, relatively little
model in which agents value both ex ante fairness empirical analysis has been conducted to date.
and ex post fairness.
Cappelen, Konow, Sørensen, and Tungodden
(2013) also consider ex ante and ex post justice, 5.6 Conclusions
but they focus on the fair distribution of gains and
losses when agents choose whether or not to take This chapter has reviewed many of the most
risks. Subjects first faced a sequence of choices important contributions to distributive justice in
between risky alternatives and a safe alternative, the economics literature. One finds there a con-
whereby the value of the safe alternative varied siderable volume of rigorous theoretical and
across versions. Each subject was then repeatedly empirical analysis that both builds on economic
paired anonymously with another who had faced methods and draws on many insights from other
the same choices, and their earnings were pooled. disciplines, including psychology, philosophy,
For every pairing, each subject made a decision sociology, and political science. Economic
as dictator about the division of earnings, and research on justice in recent decades has not only
decision of one subject in one pairing was ran- firmly established this as a serious topic of analy-
domly chosen for payment. The study included sis, but has also significantly advanced our under-
stakeholders, who participated in the risk phase, standing of justice. Much of this progress is
and spectators, who did not but made decisions surely due to the increasingly interdisciplinary
about the allocation of earnings for paired sub- character of economics, whereby economists
jects who had participated in risk-taking. This learn from other disciplines, economic discover-
experiment was designed to distinguish impor- ies feed into other fields, and economists and
tant views of fairness and risk-taking. The ex ante non-economists now often collaborate. Given the
view advocates no redistribution when, as in this subject matter of the chapter, we have focused
experiment, agents have equal opportunities. The here mostly on investigations that have their
ex post view focuses on outcomes and eliminates source in economics. We conclude that this
all inequalities resulting from risk-taking. A third research demonstrates robust support for multi-
position, the choice egalitarian view, holds peo- ple principles of justice, including equality, effi-
ple responsible for their choices but not for their ciency, equity, desert, and basic needs, and for
luck, and therefore, eliminates inequalities the dependence of fairness views on context.
between lucky and unlucky risk-takers but not Much work remains, however, for the study of
between risk-takers and those who chose the safe justice in economics. Although we view the evi-
alternative. The results indicated a dispersion of dence in favor of context-dependent justice as
102 J. Konow and L. Schwettmann

strong, there is much ground to cover to under- eration necessary to human flourishing can be
stand how, exactly, justice views depend on the attained by sufficient numbers of so-called
set of variables and persons encountered in dif- “strong reciprocators,” i.e., those who are condi-
ferent contexts. For example, how do we recon- tional cooperators and altruistic punishers. While
cile the conflicting justice claims of different the tendency toward strong reciprocity is univer-
generations, which are so important to questions sally shared, according to them, it can lead to dif-
like public debt and climate change? If, in fact, ferent fairness norms specific to socio-cultural
the justice preferences of people can be traced to conditions (Henrich et al., 2004).
a common set of principles, and differences in Future research might explore whether the one
claimsabout fairness are based solely on context, influences the other, and, if so, how. The forego-
is it possible for different people and groups to ing context-specific thesis of Gintis et al. stands in
agree on how to make such comparisons, e.g., for apparent opposition to the context-dependent jus-
addressing inequities between rich and poor? In tice for which we have advocated thus far. It is
addition, research on the relationship of fairness possible, however, that these two views might be
preferences to risk is in its incipient phase, and reconciled. For instance, according to the context
there remains much to learn about this economi- dependence view, moral principles stretch across
cally and socially important phenomenon. We cultures, but it does not claim the principles will
considered fair rewards under simple conditions be equally weighted in every context or culture. In
with equal opportunities, but what is the fair dis- particular, context dependence addresses a higher
tribution when initial opportunities are unequal, level of abstraction associated with impartial
and what are the effects of context on fairness moral judgments, but it does not rule out specific
judgments when risk is involved? norms developing in response to local context.
Finally, we have treated the topic of this chap- Thus, it asserts that all people value fairness and
ter as distributive justice, which is a very broad all people value reciprocity, but appeals to moral-
and important topic with wide-ranging economic ity will vary due to a wide set of considerations,
and social ramifications. But, of course, justice in including the relative weights on self-interest,
this sense is not the only motive people value or fairness, and reciprocity, as well as the choice of
the only one on which they act. Beliefs and persons and variables employed for comparisons.
actions are also affected by self-interest, cogni- We might think, therefore, of justice principles,
tive factors, experiences, and other personal con- which are general and stable, as well as fairness
siderations. But setting these aside, there are norms, which are specific and might evolve. This
other types of moral motivation that can interact suggests some tests for future research. For exam-
with justice motives in some manner, whether ple, suppose a society becomes more dependent
complementing or competing with them. These on individual effort and less on cooperation: do
include preferences for honesty, rights, coopera- norms increasingly stress fairness and decreas-
tion, and reciprocity. ingly reciprocity? If, by contrast, individual effort
Among moral motives, reciprocity is the one becomes less important and cooperation more, do
that, along with justice, has been the object of the norms shift from fairness to reciprocity? These
largest volume of research in economics. Given and other questions remain for future work.
the size of this literature and in the interests of
conciseness, we have focused here on justice, but
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Part II
The Justice Motive
Justice and Self-Interest
6
Leo Montada and Jürgen Maes

It is part of human nature to build theories and arena and in all private and professional contexts,
views about ourselves, other people, and the particularly in conflicts in which actors argue for
social world we live in. These theories or assump- their own convictions of what is just or unjust
tions may be right or wrong, but either way, they and are not willing to consider the positions of
have a profound influence on our experiences, others. The editors’ invitation was a welcome
appraisals, and behavior. Justice and self-interest opportunity to highlight the relevance of justice
are components of these views and have a large research in contesting the ideological use of both
impact on our lives. concepts.
In social life, both concepts—justice and self- In the first part, we question the still wide-
interest—are often used with an ideological atti- spread conviction that self-interest is the domi-
tude. This is the case when self-interest is nant human motive by referring to manifold lines
contended to be the cardinal motive of humans, of research that evidence the power and impact of
and doubt is cast upon the existence of prosocial justice motives. In the second part, we outline the
and justice motives when self-interest is pur- large divergence in convictions about justice and
ported to lay behind such motives. Also, the the conflicts resulting from this fact. The chapter
widespread rational-choice model, which ends with a discussion of justice with two options
explains the process by which prudent decisions for settling conflicts: decisions made by authori-
are made, has an ideological character insofar as ties and conflict mediation.
only actions driven by self-interest are consid-
ered to be rational ones.
Justice is often postulated as a corrective for 6.1 Is Self-Interest the Cardinal
self-interest. However, justice too is often Human Motive? Doubts Are
claimed in an ideological manner in the political Relayed and Supported
with Empirical Evidence
for the Justice Motive
L. Montada (*) as a Primordial Motive
University of Trier, Trier, Germany
e-mail: lmontada@t-online.de
The hypothesis that self-interest is the cardinal
J. Maes
motive of homo sapiens has been and is still prop-
Bundeswehr University Munich, Neubiberg,
Germany agated by several academic disciplines. Academic
e-mail: Juergen.Maes@unibw.de theories and models have a self-affirming effect

© Springer Science+Business Media New York 2016 109


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_6
110 L. Montada and J. Maes

when assumptions about the nature of man are ask ourselvesmay be influential as well: Will this
broadly believed in the population. Thus, when be profitable for me? Will it payoff?
the contention that self-interest is the fundamen-
tal human motive (as known from the eco-
nomic theory of behavior) is widely believed, 6.1.2 What Does Self-Interest
this prevalence contributes to the affirmation of Mean?
this theory:
The theory gains influence on the thoughts Two postulates are axiomatic in the economic
and actions of people in everyday life, on their model of behavior:
explanations of other people’s behavior, on
political rhetoric, and on programs. – Rational choices between two or more options
It is widely considered normal and right that are guided by their expected usefulness.
people pursue their self-interest (Miller & Ratner, Rational choosers prefer the option they
1996; Miller, 1999; Ratner & Miller, 2001): expect to serve their objectives best, whatever
Social commitments without self-interest are these may be.
often viewed as strange or even as deviant (e.g., – Rational actors try to maximize their own
the commitment of heterosexuals to protect the benefits rather than those of others. They care
rights of homosexuals). Wuthnow (1991) pro- about the fates of others only insofar as these
vided many examples of people who tend to jus- will impinge on their own goals. Benefits
tify their prosocial actions with some kind of to others or the common benefit is only a
self-interest: “At least I come in contact with by-product of rational choices.
people this way.” They regard such explanations
as socially more acceptable than altruism. The The meaning of “usefulness” is an open ques-
study by Holmes, Miller and Lerner (2002) on tion. The axioms would be trivial if they did not
exchange fiction is a nice piece of evidence for imply more than the assumption that everybody
this hypothesis. pursues his or her own motives or values, what-
ever these may be. What else? Actions may have
various motives. If the axioms of the economic
6.1.1 How Is the Myth of Self- model are not to be considered trivial, the motive
Interest as the Cardinal to maximize one’s own benefits must be specified
Human Motive Disseminated? and distinguished from other motives. Self-interest
is to be conceptualized as a specific motive that is
Several studies have provided evidence that distinct from other motives (Montada, 1998).
attending a course on microeconomics, wherein
self-interest plays a major role in model-building,
may increase a person’s readiness to prefer dis- 6.1.3 Self-Interest as a Motive:
honest decisions in ethical conflicts (e.g., not cor- An Ill-Defined Construct
recting an invoice that erred to one’s own
advantage, keeping the money from a wallet that Self-interest is used with a broad spectrum of
one found, or making selfish decisions in social meanings: for example, improving or preserving
dilemma games (Camerer & Thaler, 1995; income, wealth, power, rights, social status, priv-
Marwell & Ames, 1981). ileges, social security, self-esteem, personal iden-
People who expect egoistic behavior from tity, social identity, etc. Is there anything that is
others may preemptively act egoistically them- common to all these objectives? They may all be
selves (Frank, Gilovich, & Regan, 1993). valued as desired resources.
Expecting the selfishness of others motivates However, these objectives are multifaceted,
one’s own selfish behavior, which may cause and each facet may have various instrumentalities
reciprocal egoistic behavior in others (Darley & (e.g., self-esteem). Self-esteem can grow through
Fazio, 1980). The questions that we are taught to achievements, social affiliations, by observing
6 Justice and Self-Interest 111

moral norms, by acting according to standards of when people feel entitled to claim return services,
justice, by acting unselfishly, and so forth. This the share they subjectively deserve, the imple-
fact illustrates that the model is poorly defined. It mentation of contracts, treatment equal to the
can be interpreted arbitrarily. Self-interest as a treatment of similar others, support in cases of
human motive has no explanatory value if arbi- neediness, or compensation for damage or loss
trary post hoc interpretations are possible as is by the actors who are responsible for these.
common in economic analyses of behavior The fact that motives are confounded does not
(Ramb & Tietzel, 1993; for critical comments, justify ignoring one of them.
see Green & Shapiro, 1994).
In such post hoc explanations, “seemingly”
altruistic behavior is also ascribed to self-interest. 6.1.5 Is Justice Just a Means
Even seemingly unselfish behavior cannot shatter for Serving Self-Interest?
the basic assumption that self-interest is the fun-
damental motive for behavior. Caring for one’s The view that people care about justice as a
disabled parents can easily be traced back to self- means by which to pursue their own self-interest
ish motives, such as a favorable self-presentation has also been prominent in social psychology
in public or the hope for a higher share of the (for a review, see Tyler, Boeckmann, Smith, &
inheritance. In politics, social welfare measures Huo, 1997). A core assumption in the equitythe-
can be explained as strategic in view of upcoming ory of social exchanges (Homans, 1961; Walster,
elections. Avoiding opportunistic behavior in Berscheid, & Walster, 1978) is that people prefer
business can be explained as a strategy for maxi- equity as a strategic choice in social exchanges in
mizing one’s long-term benefits. order to maximize their individual gains.
With some ingenuity, it is easy to generate hypoth- This calls for a critical clarification. It is
eses to “unmask” every behavior as ultimately serv- plausible and well-evidenced that partners will
ing some self-interest. This kind of hypothesizing be content if they perceive their exchange rela-
may be creative but cannot be taken as scientific tionship to be equitable, meaning that the ratio
proof for the suggested hypotheses (Bunge, 1989). of inputs and outcomes is similar for the inter-
acting subjects. Equity is a prominent principle
of justice in exchange relationships (there are
6.1.4 The Insinuation of Self-Interest plenty of other relationships, e.g., social role
as a Means by Which to Ignore relationships, in which the concept of equity is
and Disavow Justice Motives not relevant.)
Those who care about justice within an exchange
No doubt, the “flag of justice” often serves to relationship will not maximize their own profit, but
mask self-interest. Politicians may care about will strive for equity. Individual benefit from the
their popularity, and employers may care about relationship is possible only up to the point at which
their employees’ productivity, which declines the exchange partners do not yet regard it as inequi-
when employees feel they have been treated table. This point cannot be defined universally, but
unjustly. However, a merely strategic concern for rather must be probed for or negotiated in every
“justice” also indicates that the actors believe that individual exchange relationship.
justice is an important concern for others, a con- Exchange relationships are often described as
cern that they try to abuse in a “parasitic” way for implicit or explicit contracts. Surely, contracts
their own selfish goals (Elster, 1989). Whether a serve the concerns of the contracting parties,
person cares about justice categorically or for including their self-interests. However, contracts
strategic reasons is open to question, unless we need the approval of all contracting parties when
assess the actors’ motives. such parties are free to decide. We will return the
There are many cases in which the justice motive justice of contracts later with regard to the issue
and self-interest are confounded. This is the case of conflicts and their settlement.
112 L. Montada and J. Maes

6.1.6 Which Motive is the Basic and when no confounded selfish motives are
One? A New Perspective uncovered.
on the Relation Between It is intuitively plausible to ascribe demands
Self-Interest and the Justice for more justice to self-interest when they are
Motive voiced from a position of relative deprivation
(Crosby, 1976). But it is also important to note
The relation between self-interest and justice is not that relative deprivation does not originate solely
to be viewed as a one-way street as will be illus- in frustrated self-interest, but also in the convic-
trated by the following study (Mohiyeddini & tion that the societal structures are unjust (Major,
Montada, 1999): A scale was developed to assess 1994).
the disposition to make self-interest a priority over Resentment is evidenced not only in cases of
justice with items such as: “It is more important self-experienced injustices, but also in cases of
for me to pursue my self-interest than to be just” injustice suffered by other people. Feelings of
and “I pursue my self-interest even if others are existential guilt have been observed in people liv-
disadvantaged by it.” The pattern of correlations ing in relatively fortunate conditions when they
revealed that concern for one’s own self-interest become aware of the hard fates, the suffering, and
results from subjectively experienced injustice. the hardships endured by other people.
Preferring self-interest was correlated with (1) the Existential guilt feelings and resentment about
perceived frequency of unjust victimizations, (2) the undeserved disadvantages of other people
the number of spontaneously remembered injus- have theoretically plausible correlates: (1) per-
tices experienced during the past couple of weeks, ceptions of existing inequalities as unjust and (2)
(3) the feeling that most people are better off than the perception that one’s own living conditions
oneself, (4) the perception of being existentially and the worse ones of others are causally related
disadvantaged in terms of one’s childhood family, (in the sense that the inequalities could be reduced
one’s physical attractiveness, or one’s gender, (5) through a redistribution of resources). Both
the resentment that others are better off without resentment and existential guilt stimulate proso-
deserving it, and (6) the perception that one lacks cial commitments aimed at reducing such injus-
the self-efficacy to make the world more just. tices (Montada, Schmitt, & Dalbert, 1986).
While justice motives are often reduced to Existential guilt tends to be a stronger incentive
self-interest in economic analyses of behavior, for personal sacrifices, and indignation disposes
this pattern of results suggests precisely the people to more often engage in political protest
opposite: Self-interest results from frustrated jus- (Montada, Schneider, & Reichle, 1988). If people
tice motives. Similar evidence was found in a in privileged living conditions call for justice for
biographical questionnaire study: The number of the disadvantaged, self-interest is not a plausible
injustices experienced in childhood and youth explanation for this.
was correlated with an increased disposition to be These studies also offer relevant information
self-interested (Münster et al., 2005). for answering the question of whether the call for
justice can be traced back to self-interest. Can
justice motives (represented by feelings of exis-
6.1.7 Justice Motives Are Primordial tential guilt and resentment about other peoples’
Motives That Are not disadvantages) be traced back to self-interest?
Reducible to Self-Interest The following indicators of self-interest have
been assessed: (1) fear of personal losses due to
In psychological research, the existence of pri- the huge social inequalities that exist in the world
mordial, irreducible justice motives has fre- and (2) angry indignation about disadvantaged
quently been verified. Such findings are people and the belief that their bad life situation
intuitively convincing, for instance, in cases in is self-inflicted—implying the convictions that
which injustice is suffered by other people, when the seeming injustices are not actually unjust and
indicators of the justice motive are assessed, that one’s own personal advantages are legitimate
6 Justice and Self-Interest 113

because they are deserved. These indicators of Schmitt, Baumert, Gollwitzer, and Maes
self-interest were not correlated with the indica- (2010) have developed a measuring device that
tors of the justice motive (existential guilt and allows justice sensitivity to be measured accord-
indignation about injustice). ing to these four perspectives (victim, observer,
The aim of these studies was to disentangle beneficiary, and perpetrator) as comparatively
the justice motive and self-interest by taking a stable dispositions. The four scales are highly reli-
look at people who are better off than the disad- able; their validity has been confirmed in numer-
vantaged, who yet consider their views and stan- ous experimental, correlational, and field studies.
dards of justice to be violated to their own The different correlational patterns of justice
advantage, and who feel morally uneasy about sensitivity from the perspectives of observers and
this. They feel responsible for helping to correct victims are instructive for the topic of this chap-
the existing injustices. Whereas it is easy to sus- ter. Victim sensitivity is more strongly correlated
pect that justice demands that come from a posi- with self-related concerns (e.g., Machiavellianism,
tion of relative deprivation are caused by paranoia, suspiciousness, social mistrust, or jeal-
self-interest, it is not so easy when demands for ousy), whereas observer sensitivity has a higher
justice for the disadvantaged come from a privi- correlation with other-related concerns (e.g.,
leged position. Studies by De Rivera, Gerstman, empathy, role-taking, or social responsibility;
and Maisels (1994) and Maes (1998, 2004) have Schmitt, Gollwitzer, Maes, & Arbach, 2005).
corroborated these findings. Similarly, Gollwitzer, Schmitt, Schalke, Maes,
Phenomena such as survivor guilt, which has and Baer (2005) demonstrated that justice sensi-
been described for Holocaust survivors (Baron, tivity from a beneficiary’s perspective is con-
1987) and Hiroshima survivors (Lifton, 1967), nected to prosocial concerns (e.g., existential
demonstrate that not every advantage is enjoyed guilt, social responsibility, solidarity with the dis-
by everybody. A person’s relationship with disad- advantaged), whereas justice sensitivity from a
vantaged victims is not conceived as a competitive victim’s perspective is connected to self-related
one by all people. Instead, many people perceive concerns (e.g., the denial of responsibility for the
disadvantaged victims as belonging to their own disadvantaged, or even fatal transgressions if the
community of solidarity (Deutsch, 1985). situation arises). These studies show that it is
Economic life, too, is not always governed by fruitful to address justice and self-interest as
selfish rivalry. Managers’ feelings of guilt after basic social orientations with the instruments of
layoff decisions (Lerner, 1996; Smith, 1994) differential psychology.
indicate that management has more justice prob-
lems after layoffs than one would expect on the
basis of the economic model of behavior. Guilt 6.1.8 Justice-Related Motives
feelings by “survivors” of layoffs (Brockner, for Prosocial Commitments
1994) provide another example.
Research on individual differences in justice- Evidence for the prescriptive nature of justice is
sensitivity is informative in this regard. provided by observations of indignation over vio-
Individuals differ in how apt they are to perceive lations of a personal or socially shared justice stan-
injustice and the intensity with which they react dard. With regard to the economic model of
to it (Schmitt, Neumann, & Montada, 1995). behavior, such cases of indignation are especially
Apart from that, people react with varying inten- instructive when subjects commit themselves to
sity to injustices they have suffered themselves costly and risky actions to restore justice when
(as a victim), to injustices they perceive in every- none of their own self-interests had been violated.
day life (as an observer), to injustices they pas- It is not unusual for social movements to be
sively benefit from (as a beneficiary), and to initiated and supported by people without any
injustices they have actively committed (as a vested interests of their own. The study by
perpetrator). Fishkin, Keniston, and McKinnon (1973) on
114 L. Montada and J. Maes

activists in the civil rights movement is an Public Goods Game, or the Resource Dilemma
illustrative example. Studies on ecological Game), research in various academic disciplines
engagement deliver further evidence that feeds has revealed a plethora of phenomena that do not
skepticism toward the assumption that self- fit the “rational-choice model” of economic the-
interest is the cardinal human motive. There is ory, phenomena that can be understood only by
rich evidence that perceptions of injustices that assuming justice motives (Fehr & Schwarz, 2003;
are caused by polluting activities and feelings of Gerhardt, 2007). For instance, people surrender
responsibility for future generations are much personal advantages and accept considerable costs
better predictors of pro-environmental commit- just for the opportunity to retaliate against the
ments than self-interest in the sense of being per- unjust actions of others (Fehr & Gächter, 2002).
sonally affected by environmental pollution (cf.
Kals, Maes, & Becker, 2001).
6.1.11 Free Riding, Justice,
and the Free-Rider Dilemma
6.1.9 Self-Interest: Scientific
Hypothesis or In economic analyses of behavior, free riding
Anthropological Doctrine? plays a decisive role because free riding is seen as
the incarnation of self-interest: A personal bene-
Trying to explain every action, emotion, fit can be achieved without incurring costs or
appraisal, and judgment by means of self-interest investments. But justice motives also have to be
would constitute a model of man with one single taken into account when considering free riding.
motive. A single-motive theory would have little Free riding is not viewed as a rational choice in
value for explaining and predicting all undeni- the sense of the economic model by those who
able inter- and intra-individual differences (Maes, invest time and money into an objective per-
2004). Moreover, the explanatory potency of ceived as valuable, but it is rather an action that is
self-interest has been largely overestimated. indignantly criticized by such people (Fehr &
Miller and Ratner (1996) reported a series of Schwarz, 2003).
empirical findings that demonstrate that, in In public goods games, most players cease
explaining other people’s behavior and attitudes, acting cooperatively and cease contributing to the
the impact of self-interest has been significantly growth of the public good as soon as they notice
overestimated in commonplace epistemology. that their prosocial commitment is being abused
The issues addressed in their research include by other players. How are we to understand this
attitudes toward abortions that are covered by finding? Are such players merely protecting their
health insurance, the treatment of minorities on self-interests because they expect losses due to
university campuses, the willingness to donate the lack of cooperation of their fellow players, or
blood, and participation in psychological experi- are they responding to egoistical advantage-
ments. It was found that, in reality, neither finan- taking and exploitation by other actors? The pun-
cial incentives nor vested interests had the level ishment of free riders by cooperative players is
of impact expected by the public. exacted frequently, although it is costly to the
player who administers the punishment too. The
cessation of cooperative behavior would be the
6.1.10 Retaliating Against Injustice Is rational choice if players are simply guarding
Often More Important their self-interests. Punishing the exploitation of
for People than Self-Interest public goods corroborates the second hypothesis
(Fischbacher, Gächter, & Fehr, 2001).
Surely, the justice motive can be confounded with In a study on the motivation to control pollu-
self-interest, but it often comes into conflict with tion (Montada & Kals, 1995), participants were
self-interest. By using experimental social asked to appraise several basic types of policies:
dilemma games (e.g., the Ultimatum Game, the appeals to avoid pollution, taxation of polluting
6 Justice and Self-Interest 115

activities (e.g., energy consumption), the subsidi- to be expected, and conflicts may arise if the
zation of environmentally friendly behavior and norms are considered to be just. Norms limit
products, and bans on polluting activities and the pursuit of self-interest. This will be the topic
production processes. of the second part of this chapter.
The essential result of several studies was that
a policy of appeals received the lowest ratings in
terms of justice. The reason is that it allows for 6.2 Justice: A Universal Concern,
free riding and that those who act in accordance a Source of Social Conflicts,
with the appeals (e.g., those who use public and a Requirement for Peace
transportation instead of their own cars) contrib-
ute to the egoistical advantages of those who do 6.2.1 Justice: A Universal Motive
not (i.e., the free riders) by making room for Prompted by Diverging
them. Taxation or bans were appraised as more Convictions
just because they prevent free riding.
Another interesting finding was that there Claims for justice and protests against injustice
were many people who would be willing to act in are ubiquitous in social life. Political move-
accordance with the appeals, but who decide ments, revolutions, and wars are initiated under
against doing so due to the injustice of free rid- the banner of justice. Justice is a prominent issue
ing. They do not want to be the disadvantaged or in all fields of politics. Indignation about per-
the “dupes” with regard to the free riders. ceived injustice is at the core of conflicts in pri-
Unpunished free riding is the best choice withre- vate life. And the perceived injustice of fate is an
gard to one’s self-interest. But free riding can also issue that victims of misfortune have to cope
be preferred by justice-motivated people in order to with. The concern for justice seems to be an
prevent the unjust advantages of free riders: If the anthropological universal.
normative context would have the free riders face The broad spectrum of topics appraised with
sanctions, these justice-motivated people would regard tojustice. In order to become aware of the
readily act to support the common good. But as omnipresence of the justice motive, we need to real-
long as free riding is not sanctioned and is likely to ize how many actions, facts, events, etc. are rated as
be successful, justice-motivated people may be more or less just or unjust (Montada, 2003):
tempted to act in such a way that would not leave
them disadvantaged compared with free riders. • Distributions of gains and losses, wealth and
This is what we call the free-rider dilemma. opportunities, rights and duties, burdens,
risks, etc.
• Role relations and all interactions in which
6.1.12 Justice and Self-Interest in goods, services, love, loyalty, appreciations or
Competitions depreciations, hostilities, and retributions are
exchanged.
The participants in a competition expect that all • Evaluations of achievements and failures.
actors will follow their self-interests. Self- • Normative standards in social systems, e.g.,
interested behavior is legitimate, does not violate maxims in constitutions, the laws and institu-
any norms of justice, and should not incur indig- tions of states, religious norms, social role
nation or animosity from other actors. Diverging standards, and cultural rules for social interac-
interests in markets can be negotiated in order to tions and relationships.
reach an agreement. Competitions do not pose • The procedures for elections and decision-
conflicts as long as the rules are observed in making in parliaments, courts, universities,
sports, in markets, in the political arena, and else- companies, families, etc.
where. There are winners and losers, but the los- • Personal fates, which are deemed deserved or
ers have nothing to reproach the winners for. But undeserved depending on the attributions of
when rules or norms are violated, indignation is responsibility for the fate.
116 L. Montada and J. Maes

Whereas it may be assumed that the justice- discord. The positions and arguments in disputes
motiveis universal, it is a fact that people’s con- about such questions may be inspired by ideologi-
victions about what is just and what is unjust are cal convictions (e.g., egalitarianism, liberalism, a
not at all universally shared. Though everybody belief in social welfare, or utilitarianism). Human
speaks of justice in the singular (Rüthers, 1991) and civil rights are also a basis for pleas for jus-
as if a single solution would be the just one in tice. In philosophy and in the political arena, jus-
every specific case, it is an incontestable fact that tice is debated without universal consent.
diverging principles of justice can be applied Walzer (1983) has somewhat neutralized the
with good reason. Whatever the object of justice problems with inequalities with his con-
appraisal may be, when we ask heterogeneous cept of “complex equality,” meaning that distri-
samples of people, we get divergent opinions butions in different “spheres of justice” (material
about what is unjust and what would be just. wealth, social recognition in various contexts,
political power, education, kinship and love, rec-
Therefore, conflicts about justice are universal reational time, etc.) are not perfectly correlated.
(Montada, 2012). This is true not only when spe- Thus, a lower rank in one sphere may be compen-
cific issues are appraised, but we observe diver- sated for by a higher one in another sphere. One
gences also with respect to general maxims of must also take into account the fact that the sub-
justice (e.g., principles of just distributions). jective importance of spheres varies interindivid-
Opinions vary between cultures, contexts, and ually and interculturally.
individuals. Is only one of these true and all oth-
ers are wrong? Justice in Exchange Relationships
An example may illustrate the problem: Reciprocity and equity are prominent principles
Certainly, equality is widely accepted as a basic of justice in exchange relationships. Social
principle of justice, but what precisely is sup- exchanges may be considered to be just if reci-
posed to be distributed equally: freedom, rights, procity is established; this also applies to nega-
duties, opportunities, or outcomes in terms of tive exchanges according to the metaphor of “an
wealth, health, education, social status, etc. eye for an eye and a tooth for a tooth.”
(Kolm, 1996; Schmidt, 2000)? Human beings Equal mutual advantages are also assumed in
differ in many respects, but which differences are the sociological theory of social-role-bound
unjust and which ones are not? Is everyone to be exchanges (teacher–student, physician–patient,
treated equally or are only equals to be treated employer–employee). However, this equality pos-
equally as Aristotle claimed? tulate has been criticized for good reason (Gouldner,
1960). Some roles are much more rewarding or
profitable than their complementary ones.
6.2.2 Maxims and Views of Justice The actors in exchange relationships may not
in Specific Domains be equal, for instance, with regard to their age,
health, abilities, wealth, etc. These and many
Justice of Distributions other inequalities have to be considered when the
Which inequalities between people can be seen justice of exchanges is evaluated. In many rela-
as relevant with respect to the appraisal of distri- tionships, equal mutual advantages are not pos-
butions as just or unjust: gender, age, social sta- sible or expected. Nevertheless, the exchange
tus, kinship, national, ethnic, or religious relationship may be evaluated as just, especially
memberships, needs (self-caused needs, diseases, when the equity principle is applied.
and injuries, too?), merits, skills and expertise, Equity means equal ratios of investments/
bad luck, etc.? Or should various relevant costs and outcomes/benefits for all parties
inequalities be accounted for in combination? involved. In fact, it is the subjective appraisal of
Such questions are at the origin of debates these ratios rather than the objectively measured
about justice. Divergent answers may provoke balances that are crucial. Subjectively, various
6 Justice and Self-Interest 117

exchanges (goods, services, love, respect, trust, racies as well, many criminal laws are disputed
loyalty, harm, negligence, hostility, etc.) may be for good reason.
focused on and appraised as balanced.
In many close relationships, all services may The Justice of Constitutions and Laws,
be compensated for by gratification or love. the Bans and Rules of Religions,
Teachers will be motivated to give their best and and Further Codes of Norms and Rights
feel justly gratified by the progress of their pupils. A look at the codes of normative maxims and rules
The type of relationship is crucial. In the market- provides evidence for countless divergences:
place, exchange relationships are not the same as
in families, friendships, teams, clinics, and others • The constitutions and legal codes of states
(see also Lerner & Clayton, 2011). Consequently, diverge greatly.
the justice standards are not the same either. • Every law can be criticized on the basis of
some justice principle.
Retributive Justice for Offenses • Legal codes may violate human rights or the
What is a just punishment for offenses? The main laws of some religion.
principle of retributive justice is specified as the • The charter of human rights contravenes the
proportionality of punishment or guilt for mis- normative traditions of some cultures. It is
deeds. Again, inequalities between actors and the open to question whether the dignity of human
specific features of the action context are to be beings may be universally determined or
considered. The fault of a young offender may be whether it may be specified according to cul-
qualified by his biography, his social context, or turally shared values or according to individ-
by the situational specifics of his offense. ual values as formulated, for instance, in
Impartiality does not mean that the same stan- living wills.
dards are applied to all defendants. • Different cultures have diverging conceptions
The justice of retribution may be questioned. of justice, morality, social roles, and standards
In restorative justice, the reintegration of the of respectful behavior and honor, etc.
offenders into the community and reconciliation
with their victims are the aim rather than retribu- Many codes of normative rules reflect for-
tion (Rössner, 2004). An admission of fault is a merly or currently predominant views of justice
step toward the reintegration of an offender into within a society or community and may have an
society. Offenders may reconcile with their vic- impact on the shaping of the sense of justice of
tims by means of sincere apologies or recom- individuals and collectives. Within pluralistic
penses. In cases where there is a history of societies, various and diverging sources guide the
interaction between an offender and a victim normative convictions of certain parts of the pop-
(e.g., in a mobbing), it may be productive for the ulation and of single citizens.
victim to learn more about the offender’s motives
and whether the victim’s behavior played a role Measures to Prevent or to Correct
in provoking the offender. Injustices May Create New Injustices
But before asking for the justice of retribution, Some examples may illustrate this fact:
the justice of norm violation should be reflected
upon. What is considered an offense, a crime, or • Justice for defendants may mean injustice to the
a sin? The answer varies with national or reli- victims of crimes. When the “benefit of the
gious laws or the informal normative standards of doubt” is granted to the defendant (which doubt-
a community. Atrocities legalized by the laws of lessly represents significant progress in the his-
a totalitarian regime will not be punished in such tory of criminal law), the victim’s demand for
a state. The charter of human and civil rights may punishment and compensation may be violated,
motivate and justify protests against the injustice assuming that the victim has no doubt that the
of a national or religious criminal law. In democ- defendant is guilty (Orth, 2000).
118 L. Montada and J. Maes

• Legal punishment for crimes may be Diverging interests, preferences, opinions,


deserved, but it also bears the risk of unjust beliefs, etc. may bear the risk of creating conflict,
social discrimination against those close to but only if they violate the normative convictions
the perpetrator (e.g., the perpetrator’s chil- and expectations of other people. Otherwise, they
dren) who are not responsible for the pun- will be tolerated as legitimate. Conflicts arise
ished deed at all. when the interests, beliefs, etc. of others are
• Are typical affirmative action policies a just resented as illegitimate, illegal, perilous, disre-
compensation for the unquestionable histori- spectful, offensive, etc. Diverging beliefs may be
cal disadvantages of women in the labor mar- viewed as a matter of personal freedom, or they
ket? There are good reasons for efforts to may be condemned as treason or as a threat to the
reduce such disadvantages. It is open to ques- community.
tion, however, whether it is just to compen- If all actors in competitive markets and sports
sate for historical disadvantages by issuing are viewed as behaving according to “the rules”
policies that favor young women who have (e.g., pursuing their legitimate self-interests and
personally not been disadvantaged and who goals), frustrations and losses are common, but
are in competition with young men who have this does not evoke resentment. There are win-
personally not been advantaged. Therefore, ners and losers but not victimizers and victims.
problems with the justice of affirmative action Losers may have performed poorly, they may
policies are reasonable (Taylor & have been unfortunate, but they have nothing to
Moghaddam, 1994). reproach the winners for unless they believe that
the competition was not conducted fairly.
The fact that most interventions have Receiving unjust treatment is quite a different
branched effects in social systems makes it dif- experience from losing a game.
ficult to avoid new injustices (cf. Ittner & Nonetheless, competition may not be consid-
Montada, 2009). Efforts to establish justice ered legitimate in every social context by every-
have to be diligently checked for risks of new body. In some social contexts, solidarity and mutual
injustices. Hence, experience, expertise, and support may be the expected norm (e.g., within
intelligence are needed. Moreover, wisdom is families, close partnerships, friendships, and when
required for appraising the validity of justice a goal that requires cooperation is at stake).
beliefs and claims. When searching for the common core of all
social conflicts, we will find manifest or latent
resentments and reproaches—one-sided or recip-
6.2.3 Perceived Injustice: rocal ones (Mikula & Wenzel, 2000). In conflicts,
The Source of Social Conflicts people may claim justice for themselves or for
others for whom they feel sympathy, responsibil-
At its core, any social conflict is ajustice ity, or loyalty. These claims will be refused or
conflict(Montada, 2015). People expect others answered by a counterreproach when the address-
to respect the normative standards, rights, and ees are convinced that their own behavior is justi-
claims that they consider to be just. Conflicts fied by legal, moral, or social norms, as a
result from violations of normative expecta- legitimate self-interest, or as an adequate retalia-
tions of how other people, authorities, etc. have tion to an antecedent behavior enacted by the
to behave, from disregarded claims, whatever claimant.
their normative basis may be: human rights, a
legal code, the codex of a religion, a formal or Resentment is the key indicator of conflicts. A
an implicit contract, or the good manners of a look at aggression research reveals that it is not
culture. It is crucial that people consider their mere frustration that instigates aggressive ten-
own convictions to be legitimate and as their dencies, but only “illegitimately” caused frustra-
right to claim. tion (Moore, 1978), implying the violation of a
6 Justice and Self-Interest 119

legitimate expectation, the violation of a valid nized as an error (Hamilton & Hagiwara, 1992).
norm or rule. If a person did not have volitional control over his
Relative deprivation instigates aggression if it or her behavior due to a lack of competences,
is considered unjust (Crosby, 1976). Aggression fatigue, external forces, effects of drugs, etc., he
theories, which emphasize anger as an emotional or she may not be responsible. If the conse-
antecedent of aggression, share this basic assump- quences of an action were not foreseeable, then
tion (Berkowitz, 1993). Aggressive acts may have nobody is held responsible either. Less
other motives (e.g., selfishness, envy, or striving responsibility will be attributed when malevolent
for power), but resentment is a frequent one. intentions are no longer presumed, and when,
Resentment implies the assumption that “the instead, the behavior is qualified as careless or as
perpetrators” are responsible for their actions and well-intended but poorly executed. Responsibility
do not have a reason to justify such actions. can also be denied by asserting that the “victim”
Sincereapologies can be used toreduceresentment had consented to participate in a risky activity
and settle conflicts. This fact corroborates the key with a bad end (e.g., losses in stock markets).
role of the violation of justice beliefs in conflicts.
As Goffman (1971) has emphasized, the per- Qualifying blameworthiness with justifications.
petrator can express that he or she fully shares the The blameworthiness of an actor can be qualified
victim’s view on the issue by expressing remorse by providing convincing justifications: offering
and issuing an apology. He or she must express good reasons for the offending behavior, for
that he or she considers the violated norm to be a example, by making reference to legitimate self-
valid one, concede to having violated the norm interest, to professional or social obligations, or
and to being responsible and blameworthy by claiming the right to defend one’s freedom or
because the offense was not justified. It has been one’s reputation. Quite often, one’s behavior is
empirically demonstrated that sincere apologies justified as retaliation against another’s misdeed.
appease victims as well as judges and observers Justifications may be convincing and will then be
and that they reduce the desire for retribution accepted. In that case, they reduce resentment.
(Ohbuchi, Agarie, & Kameda, 1989; Vidmar,
2000). A perpetrator’s effort to provide compen-
sation has similar effects and implies all the com- 6.2.4 The Role of Self-Interest
ponents of a sincere apology (Darley & Shultz, and Further Personal
1990). The courts, too, reduce penalties when an Concerns in Social Conflicts
agreement is reached in perpetrator–victim rec-
onciliations (Rössner, 2004). Indignation varies with the personal importance
In escalated conflicts, sincere apologies by of self-interest or further personal concerns
one party may not be expected as the adversaries affected by the offending behavior. “Concerns”
may justify their own offenses as retaliation refer to everything that is important to people, to
against antecedent offenses by the other party. which they aspire, or that they defend or claim
Who would want to be the first one to concede for themselves and for others: freedom, security,
unjustified offenses? One strategy that can be peace, prestige, love, the common good, human
applied to make use of the pacifying potential of rights, religious beliefs, and much more.
apologies may be to motivate all parties to con- Indignation also varies with the proximity to
cede their own offenses simultaneously. affected third parties. Injustices that affect per-
Preferably, this would be done without any speci- sons close to oneself trigger more indignation
fications in order to avoid new disputes concern- than injustices committed against strangers.
ing the details of past conflicts. Therefore, relativizing the subjective importance
of the personal concerns that are affected is a
Qualifying attributions of responsibility. An attri- strategy that can be applied to mitigate a
bution of responsibility can be qualified or recog- conflict.
120 L. Montada and J. Maes

6.2.5 Justice: A Requirement Settling Conflicts via Mediation


for Peace Basically, two approaches that can be used to
settle a conflict can be distinguished: (a) norma-
How can conflicts be settled? How can peace be tive discourses and reflections on conflicting nor-
preserved? Various procedures are to be consid- mative convictions, and (b) reflections on the
ered. Two prototypical ones will be discussed subjective importance of personal concerns
briefly: (1) decisions by authorities and (2) con- affected by the conflict.
flict mediation.
Discourse About Conflicting Convictions
Decisions by Authorities In conflicts, both opponents are convinced that
Judges, arbitrators, and other authorities are fre- their own views and claims are in the right and
quently called upon to solve social conflicts. that their adversary is wrong. It is “the nature” of
Peace is restored when the conflicted parties normative beliefs that their validity is taken for
accept the decision as just. The perception of pro- granted and, consequently, that they have to be
cedural justice is a crucial factor for the appraisal respected by everybody. Conflicts about diverg-
and acceptance of a decision. ing normative beliefs cannot be settled with sim-
Traditionally, the justice of decision making ple compromises. The approach used in mediation
is defined by a set of procedures: impartiality is to reflect on the conflicting beliefs and posi-
of the authorities, consistent use of arguments, tions using normative discourse.
consideration of relevant information, objec- In philosophy, ethical discourse may aim to gain
tivity in the use of information, and the revi- knowledge about universal ethical truths (Apel,
sion of decisions if new information becomes 1976), but as argued by Habermas (1993), the justi-
available (cf. Leventhal, 1980). From a psy- fication of the validity of a moral maxim or principle
chological perspective, these principles are needs to be distinguished from the justification of
often not sufficient and are often not the most decisions in concrete cases, where competing prin-
relevant ones. Being given a voice—meaning ciples are considered relevant with good reason.
the opportunity to present one’s own views and The aim of conflict mediation is to settle an
claims and to have an influence on the deci- actual conflict by an agreement that allows pro-
sion-making process—is very important in ductive and peaceful future exchanges between
addition to decent and respectful communica- the opponents.
tion on the part of the authorities (Lane, 1988; The aim of discourse in mediations is not the
Lind & Tyler, 1988). search for universal ethical truths, but the further-
These hypotheses have inspired research ing of the insight that good reasons can be put
that has generated an impressive body of forward not only for one’s own normative views
knowledge about the impact of styles of com- and claims, but equally for the opponent’s views
munication and personal treatment by authori- and claims.
ties. Experienced procedural and interactional Mediators try to generate a culture of commu-
fairness has positive effects on perceived status nication similar to the one that was designed for
and self-esteem, on the acceptance of the deci- ideal ethical discourse: A rhetoric of persuasion
sions, and on the trust placed in authorities and and manipulation is banned, and mutual under-
the legitimacy of institutions. There is ample standing and unbiased deliberation are actively
evidence of what has been dubbed “the fair- supported. One major goal is to impart insight
procedure effect,” which refers to the phenom- into normative dilemmas that underlie the con-
enon that perceived procedural fairness helps flict; a second goal is to further the mutual under-
the parties involved to accept even those deci- standing of diverging views on the relevant facts.
sions or outcomes that are less favorable than
they had expected or hoped for (Tyler et al., Imparting insight into existing normativedilem-
1997; Vermunt & Törnblom, 1996). mas. Settling conflicts is facilitated when the
6 Justice and Self-Interest 121

opponents acknowledge that diverging norms or regulations and decisions. The social market
principles of justice may be advocated for good economy, for instance, is an attempt to harmonize
reason (i.e., that a normative dilemma exists, and the rights of all citizens to free economic activi-
consequently, that neither party is solely right or ties with the maxims of the social welfare state.
wrong). If the opponents recognize that their con- Rawls’ “maximin principle” is also a suggestion
flict reflects a normative dilemma, they no longer for combining the freedom of economic activ-
view the position of the other side as completely ity—which produces common wealth—with the
illegitimate and their own position as the only entitlement of every citizen to participate in the
legitimate one. Thus, every claim that a single common prosperity (Rawls, 1971). This holds
principle of distributive justice has exclusive true as well for the basic maxims of the French
validity should be questioned in conflict media- Revolution: equality, freedom, and fraternity.
tion (Montada & Kals, 2013). Two examples Applying only one of the three maxims at the
illustrate this statement: exclusion of the other two would result in quite
different constitutions of the state, and none of
• Should the inheritance left by parents be them would be productive.
divided equally among their children, equita- In many institutional decisions about the allo-
bly according to their merits (e.g., the care cation of scarce resources, several principles of
they provided for the parents, their contribu- distributive justice are considered. This is evi-
tions to the social status of the family), or denced by comparative research on the allocation
according to their need (e.g., their income or of university positions, subsidized housing,
the number of children still in school)? Should transplants in medicine, legal regulations for the
persons who have been very close to the par- layoff of employees, etc. (Elster, 1992). Giving
ents receive a share as well? consideration to these facts as well as to observa-
• Which employees should be dismissed first tions that various norms of justice are used in dif-
when business is slow? Several justice princi- ferent spheres of justice (Walzer, 1983) may help
ples may be considered: seniority, acquired to qualify a rigid insistence on one single maxim.
merits from previous performances or loyalty, Another strategy may be to remind the oppo-
employees’ current performance level, need nents that they themselves are accustomed to
(e.g., number of dependent children), gender, applying different principles of justice in differ-
age, nationality, etc. Moreover, should employ- ent situations and contexts. In order to transcend
ers have the right to decide at their own discre- the actual conflict between the opponents, media-
tion or should a work committee have a say? tors may offer further normative standards that
are or could be applied in similar cases. Becoming
Conflicting claims for justice are deliberated aware that their conflicting claims are not the
innormativediscourse. When good arguments are only ones that can be advocated contributes to
put forward, opponents may qualify their views their ability to take a different perspective.
and claims. All parties must recognize that none Settling conflicts is facilitated when oppo-
of the conflicting claims is the only valid one. nents realize that diverging principles of justice
Many maxims may be applied with good reason may be advocated with good reason. When the
in a specific case. For instance, applying one sin- parties recognize that a justice dilemma exists,
gle principle of distributive justice would violate they no longer view the position of the opponents
all other principles that might be taken into con- as completely illegitimate and their own position
sideration as well. When the opponents come to as the only legitimate one.
realize that a dilemma underlies their conflict, the It is surprising that concerns for justice are not
conflict will be defused, which might in turn be a a central issue in the literature on conflict media-
good precondition for future cooperation. tion (cf. Montada & Kals, 2013). Even warnings
It lies within the wisdom of institutions to to bring up justice issues can be found (cf. Pruitt
consider various principles of justice in their & Carnevale, 2003). But normative standards
122 L. Montada and J. Maes

cannot be excluded when social exchanges are on the entire organization, on the employees’
appraised. Normative standards are crucial in families, etc. The same is true for conflict
social conflicts, and they are crucial for the reso- resolution: though not directly involved, third
lution of conflicts and for agreements about parties are affected. Reflecting on the con-
exchanges in the future. cerns of important others constitutes a change
of perspective and may qualify the subjective
Qualifying the Subjective Importance perceptions and importance of the conflicting
of the Conflict positions.
Focusing on the normative core of conflicts and • Makinginternal conflicts explicit. Opponents
reflecting on diverging normative convictions is in a social conflict may vigorously hold a
one strategy in conflict mediation. We will men- claim by repressing their own doubts and
tion some other strategies without going into internal conflicts with regard to their own
detail. position. Making these visible again may
Heavy conflicts frequently produce closed- reduce the amount of social conflict and facili-
mindedness. The opponents are no longer aware tate discourse about, for example, the complex
of the entire spectrum of their important concerns, issues of personal freedom in close relation-
their self-concepts, and their self-interests. They ships or about the shared responsibilities of
seem to be “out of their minds.” Both the blame- both parents for their children.
worthiness of the adversaries and the impairments
caused by them are frequently exaggerated. An Using these and additional strategies, the con-
injury caused by a biker in a pedestrian precinct flict can be transcended and new perspectives can
will be dramatized compared with a similar injury be developed, and this may allow opponents to
resulting from a person’s own imprudence. qualify the views and claims they hold in the con-
Therefore, qualifying the subjective valence flict and encourage the opponents to explore new
of the conflict and its costs may open people’s options for social exchanges.
minds and get them to think about constructive
solutions. The general advice is to transcend the
conflict. Several strategies may be used in media- 6.2.6 Settling Conflicts with a Just
tion (Montada & Kals, 2013). Agreement

Without going into detail, some strategies in Conflicts are social exchanges. They result from
mediation consist of: perceived violations of or threats to normative
expectations and subjective entitlements.
• Making opponents aware of the spectrum of Conflicts may be costly for one or for all parties.
their concerns and their self-concepts. They may provide a mortgage for future
• Exploring opportunities for positive exchanges or even end in the destruction of social
exchanges. One of the important changes in relationships due to long-lasting hostility.
perspective in mediation is the change from Productive and sustainable conflict resolu-
negative exchanges to the opportunity to tions require that a new basis and/or new con-
engage in positive exchanges (i.e., positive tents for exchanges are found or created. In the
with respect to the important concerns of both agreement, it might be specified whether and
parties). how impairments from the past will be compen-
• Considering the concerns of affected third sated, what will be exchanged in the future, and
parties.Many conflicts affect and impair third what rules will be observed in these exchanges.
parties who are not directly involved. Conflicts These questions have to be answered with ref-
between parents have effects on their children, erence to justice. Exchange relationships are
grandparents, and others. Conflicts in the peaceful and productive only if they are consid-
workplace may have an impact on colleagues, ered just.
6 Justice and Self-Interest 123

6.2.7 The Justice of Contracts Camerer, C. F., & Thaler, R. H. (1995). Ultimatum, dicta-
tors, and manners. Journal of Economic Perspectives,
9, 209–219.
The contract is a prototypical form of the regula- Crosby, F. A. (1976). A model of egoistical relative depri-
tion of social exchanges. Contracts are regarded vation. Psychological Review, 83, 85–131.
as just when the partners are equally informed Darley, J. M., & Fazio, R. H. (1980). Expectancy confir-
mation processes arising in the social interaction
and equally free to give their consent (Nozick,
sequence. American Psychologist, 35, 867–881.
1974). In conflict mediation, the ultimate crite- Darley, J., & Shultz, T. (1990). Moral rules: Their content
rion for the appraisal of a solution as just is the and acquisition. Annual Review of Psychology, 41,
free agreement of the parties. 525–556.
De Rivera, J., Gerstman, E., & Maisels, L. (1994). The
A contract that the parties have agreed upon
emotional motivation of righteous behavior. Social
freely and of which they are equally informed can- Justice Research, 7, 91–106.
not be unjust. Justice would be violated if relevant Deutsch, M. (1985). Distributive justice: A social psycho-
information was withheld, if pressure was exerted, logical perspective. New Haven, CT: Yale University
Press.
or if a party was not free to refuse the contract on
Elster, J. (1989). The cement of society. Cambridge, MA:
account of a predicament (e.g., neediness). Cambridge University Press.
Because contracts are of eminent importance Fehr, E., & Gächter, G. (2002). Altruistic punishments in
in social life, many legal norms that specify the humans. Nature, 415, 137–140.
Fehr, E., & Schwarz, G. (Eds.). (2003). Psychologische
obligations of the contracting parties have been
grundlagen der ökonomie: Über vernunft und eigen-
established. Above all, specific legal rules have nutz hinaus. Zürich, Switzerland: Verlag Neue
been established to protect the supposedly less Züricher Zeitung.
powerful or less informed parties. Fischbacher, U., Gächter, S., & Fehr, E. (2001). Are peo-
ple conditionally cooperative? Evidence from a public
goods experiment. Economics Letters, 71, 397–404.
The justice of contracts with regard to third par- Fishkin, J., Keniston, K., & McKinnon, C. (1973). Moral
ties. Assessing the justice of contracts would be reasoning and political ideology. Journal of Personality
incomplete without taking into account their and Social Psychology, 27, 109–119.
Frank, R. H., Gilovich, T., & Regan, D. T. (1993). Do
impact on third parties. Adverse effects on third
economists make bad citizens? Journal of Economic
parties raise new justice problems. Contracts may Perspectives, 10, 187–192.
be fair with respect to the exchanges between the Gerhardt, C. (2007). Gemeinwohl vs. eigennutz.
contracting parties, but may be seriously unfair Saarbrücken, Germany: VDM Verlag Dr. Müller.
Goffman, E. (1971). Relations in public: Microstudies of
with respect to third parties or the larger commu-
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the contracting parties, but they are made at the Baer, A. (2005). Asymmetrical effects of justice sensi-
expense of others. tivity perspectives on prosocial and antisocial behav-
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Gouldner, A. (1960). The norm of reciprocity. American
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The Justice Motive: History, Theory,
and Research 7
John H. Ellard, Annelie Harvey,
and Mitchell J. Callan

The “belief in a just world” is an attempt to capture in a phrase one of the ways, if not the
way, that people come to terms with—make sense out of—find meaning in, their
experiences
— Melvin J. Lerner (1980)

Why do people care about justice? The answer taining standing and legitimacy in the group.
from the social sciences and philosophy has var- This approach has offered insight into why peo-
ied over time but retains a common theme: the ple are sometimes more concerned with justice
concern for justice is derivative of other more procedures than justice outcomes (Brockner &
basic concerns. Most common is the idea that as Wiesenfeld, 1996; Lind & Tyler, 1988; Tyler &
a social species humans care about justice Blader, 2003; see also Lerner & Clayton, 2011
because it is in their best interest to do so. Early for an extensive discussion of justice and
formulations explicitly characterized justice as self-interest).
something people embrace to maximize their In contrast to the idea that justice motivation
outcomes and promote their goals and values is necessarily derivative of other ostensible more
while at the same time accommodating interde- basic concerns, the theory and research discussed
pendency with others (Walster, Walster, & in this chapter are founded on the proposition that
Berscheid, 1978; Deutsch, 1975). Philosophers human beings have a functionally autonomous
have also emphasized the role of justice motiva- need for justice that emerges as part of normal
tion in balancing collective and individual inter- cognitive development. This perspective empha-
ests through a “social contract” (Rawls, 1971). sizes the extent to which justice is a central orga-
More recent social science approaches have also nizing theme in people’s lives that manifests
recognized the importance of social connected- itself in the many and varied ways people demon-
ness and status ranking for humans, with justice strate a need to believe in a just world, where not
being a mechanism for establishing and main- only they but also others get what they deserve
(Lerner, 1980). Indeed, the commonplace sensi-
tivity people everywhere have to injustice experi-
enced by others is a hallmark of justice motive
J.H. Ellard (*) theory. To understand, for instance, why people
University of Calgary, Alberta, AB, Canada
are easily angered and sometimes moved to take
e-mail: ellard@ucalgary.ca
action in response to the suffering of complete
A. Harvey
strangers in faraway places and far removed from
Anglia Ruskin University, Cambridge, UK
e-mail: annelie.harvey@anglia.ac.uk self-interest, one needs an account that recog-
nizes that people have more than a pragmatic
M.J. Callan
University of Essex, Colchester, UK commitment to justice. Justice motive theory
e-mail: mcallan@essex.ac.uk does so by highlighting the symbolic significance

© Springer Science+Business Media New York 2016 127


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_7
128 J.H. Ellard et al.

justice has in people’s lives. The justness of other how the justice motive informs reactions to the
people’s fates is relevant because our own goal various outcomes people experience for both self
pursuits are meaningless if we cannot believe and other. Another project that emerged in
that we live in a world where people get what response to Lerner’s discussion of the belief in a
they deserve. Thus, the centrality of the belief just world has focused on just world beliefs with
and resulting need for justice is essentially particular emphasis on individual differences in
existential. belief type and strength. That work is reviewed
Melvin J. Lerner has generated most of the in a separate chapter in this handbook (Hafer &
theory about the justice motive and contributed Sutton, 2016, Chap. 8). The relationship between
significantly to the related body of empirical just world belief research and the scholarship
work (see Lerner, 1977, 1980; Lerner & Clayton, discussed here will be revisited at the end of this
2011; Lerner & Miller, 1978; Lerner, Miller, & chapter.
Holmes, 1976 for theoretical statements). An ini- Lerner’s early investigations focused on the
tial impetus for Lerner was his observation that construal-altering potential of deservingness
people, including sophisticated, well-educated concerns in situations where observers learned of
people, often respond to injustice not with moral injustice to another in the form of a completely
outrage but with a seemingly irrational tendency fortuitous good or bad outcome (Lerner, 1965;
to blame or derogate victims. Why would people Lerner & Simmons, 1966). Observers in these
do this? The need to believe in a just world studies were fully aware that who got what out-
emerged as his answer to this puzzling behavior. come was from their perspective, random. Thus,
His analysis centered on the importance of any rational understanding of the “victim’s” or
deservingness for people. Building on the well- “winner’s” character or feelings of liking for
documented priority people give to evaluating them should have been unaffected by knowing
both people and their outcomes (Goodwin, about the good or bad outcome. Yet, observers in
Piazza, & Rozin, 2014; Tesser & Martin, 1996), these situations reacted in a manner that appeared
he argued that people also appear to care a great to reflect their need to believe in a just world. For
deal about deserving: if good things happen in instance, in a study of reactions to an innocent
the world, we much prefer that they happen to victim, observers watching someone receive
good people and if bad things must happen, we electric shocks were moved to devalue her char-
equally prefer they happen to bad people. In other acter, and the magnitude of the derogation varied
words, we need to believe that people get what with duration of her suffering and hence injustice
they deserve. Lerner’s insight was that the con- (Lerner & Simmons, 1966). In a study of positive
cern for deservingness is sufficiently central for outcomes, arbitrary allocation of a reward to
people that it can be described as a need to believe either “Tom” or “Bill” following work perfor-
in a just world. The metaphor of “just world” was mance influenced observer construal of the
intended to capture the symbolic significance of recipient’s effort and contribution to the work in
deservingness for people. a way that revealed their deservingness concerns
This chapter provides an overview of theory (Lerner, 1965). The reward recipient, either Tom
and research that has followed from Lerner’s or Bill, was perceived to have expended more
basic premise that the justice motive is a founda- effort and made a greater contribution than his
tional component of everyone’s psychology coworker. In this case, deservingness informed
(Lerner & Clayton, 2011). This work has explored observers’ construal of the behavioral anteced-
the implications of the need to believe in a just ents of the outcome. For instance, if Tom received
world for how people construe daily experience the reward, participants construed his contribu-
in a manner that sustains the implicit assumption tions in a manner that made him more deserving
that the world is just. Scholarship reported here of the reward than Bill. In essence, observers rea-
is from largely experimental investigations of soned backward from the random outcome to
7 The Justice Motive: History, Theory, and Research 129

make the situation be anything but random: if you that I will later get what I am entitled to, then I
got the reward, you must have deserved it. need to believe that I live in a world where other
These seminal investigations established the people get what they deserve too. Evidence to the
usefulness of the need to believe in a just world as contrary may threaten my own entitlements.”
a way of understanding why people care about Thus, the concern goes beyond a need for stabil-
justice and why, as a result, they will sometimes ity or controllability. The personal contract and
react to injustice in seemingly irrational ways. need to believe in a just world become a moral
The early investigations inspired research that imperative that people get what they deserve.
continues to examine the nature of the justice Investigations with children have produced evi-
motive and its implications for everyday experi- dence that the developmental milestones of delay
ence. Before considering what the research has of gratification and personal contract do appear
taught us, we focus on a basic question: Where to coincide with a child’s sense of deserving in
does the justice motive come from? allocation and altruism contexts (Braband &
Lerner, 1974; Long & Lerner, 1974). More recent
work has found that the emergence of the ability
7.1 Justice Motive Origins to delay gratification is also linked to the ten-
dency for children to align their liking of another
Like Piaget before him, Lerner grounded his child with whether or not the other child experi-
thinking about the origins of concerns with jus- enced a “lucky” or “unlucky” outcome (Whalen,
tice in important early experiences and associ- Ellard, & Graham, 2009). The link between long-
ated cognitive development (Lerner, 1977). In the term goals and just world beliefs that form the
preschool years, typically around age four or five, basis of the justice motive persist in adulthood
children are able to contemplate the significance (Callan, Harvey, Dawtry, & Sutton, 2013; Callan,
of time in their lives; that in addition to the sig- Shead, & Olson, 2009; Hafer, 2000a; Hafer,
nificance of day-to-day pleasures and hurts, so Bègue, Choma, & Dempsey, 2005). For instance,
too are there possibilities for good and bad expe- Hafer (2000a) found that inducing a focus on
riences in the future. This capacity for under- long-term investments increased the tendency for
standing the future as different but linked to the her research participants to derogate innocent
present is assumed to emerge in concert with a victims.
child’s ability to delay gratification (Mischel, An important implication of Lerner’s analysis
1974) and accompanying ability to represent a of the development of the justice motive is the
connection between present and future self notion that other sources of just world thinking,
(Lemon & Moore, 2007). As children learn to such as recurring cultural references to people get-
inhibit their impulses and instead delay immedi- ting their just deserts in books, movies, and video
ate gratification in the expectation that their games, are neither necessary nor sufficient to pro-
extended efforts will yield an even bigger out- duce the need to believe in a just world. Indeed,
come they in effect establish what Lerner calls the persistent theme across time and culture that
their personal contract. To be viable the personal the “good guys” ultimately prevail and the “bad
contract requires a further assumption: if present guys” get their just deserts may be an inevitable
actions are expected to yield future outcomes in cultural expression of the universal need for affir-
any sort of predicable way, then one has to be mation that the world is ultimately just.
able to assume an environment or “world” that is A less empirically explored aspect of Lerner’s
sufficiently stable and predictable to support a developmental theorizing concerns the origin of
personal commitment to the future. different forms of justice. The social justice lit-
The commitment to deserving is based on the erature has devoted considerable attention to the
additional further but essential corollary assump- contextual and relationship determinants of
tion: “if I delay gratification in the expectation preferences for justice as equity, equality, or
130 J.H. Ellard et al.

responsiveness to need. Justice motive theory views all of these as founded on the same funda-
locates preference for these different forms of mental concern with deservingness. From a jus-
justice in how the experience of deserving is con- tice motive perspective, procedural justice
ditioned in the first instance by a developing reflects the sense people have that their standing
child’s sense of relatedness to others beginning in a situation includes certain entitlements such
with feeling identified with others (identity rela- as having a voice in decision-making (Folger,
tion, e.g., parent–child), and then later coming to 1977) or confidence that one’s interests are prop-
distinguish feeling of being similar to others and erly represented (Leventhal, 1980). More recent
part of the same group (unit relation, e.g., work elaborations have argued that many procedural
or sports team), from feeling fundamentally dif- justice effects devolve to expectations people
ferent from others (non-unit, e.g., outgroup). have about being valued, respected, and under-
With the latter distinctions in place, the matter of stood (Tyler & Lind, 1992); expectations that in
“who” deserves “what” is aligned with these dif- justice motive terms are based fundamentally on
ferent relationship experiences (Lerner et al., the sense people have about the treatment they
1976; Lerner & Whitehead, 1980). When we feel deserve from others (cf. Miller, 2001). Thus,
identified with others, our typical justice prefer- there is potential for convergence between justice
ence will be based in the entitlements of need. motive theory and procedural and interactional
Feeling similar to others produces a justice pref- justice theories to the extent that people experi-
erence for equality and feeling different yields a ence respect, status, and prestige much like any
preference for equity (Lerner, 1977). The struc- other outcomes with respect to deservingness (cf.
ture of the situation further conditions justice Ellard & Bates, 1990; Heuer, Blumenthal,
preference so that it matters, for example, Douglas, & Weinblatt, 1999; Lerner, in press).
whether the context emphasizes competition or
cooperation. Thus, finding oneself competing
with a close friend might yield a preference for a 7.2 The Nature of the Justice
form of competition where the dominant experi- Motive
ence is the intrinsic pleasure of the game rather
than the outcome (Lerner & Whitehead, 1980, Cast in terms of contemporary motivational the-
p. 241). Investigations with young children have ory, the justice motive has as its goal the ability to
found that children’s justice judgments when believe, or more precisely, assume that the world
asked to allocate resources varied as a function of is just. Accordingly, research to date has concep-
the relative salience of ingroup/outgroup cues tualized the goal in homeostatic terms in which
(gender, race), but these judgments were further the assumption of the world being just is the
influenced by whether the context was competi- desired state. This is in contrast to viewing the
tive or cooperative (Towson, Lerner, & de justice motive as an ongoing open-ended pursuit
Carufel, 1981; Lerner & Grant, 1990. See also of “justice.”1 The distinction is analogous to the
Lerner & Clayton, 2011, pp. 165–188, for discus- difference between prevention vs. promotion
sion of a high impact field experiment examining motivation in regulatory focus theory (Higgins,
the same forms of justice hypotheses with adults 2000; Molden, Lee, & Higgins, 2008). The jus-
in a real work situation). tice motive conceptualized in homeostatic just
While Lerner’s analysis of the development of world terms fits the profile of prevention motiva-
different forms of justice has received limited tion where the desired state is a sense of security
empirical attention, it does highlight an impor- and calmness in assuming the world is just. As a
tant difference in approach to the nature of justice result, efforts at understanding justice motive
generally. Whereas other approaches have pro-
duced distinct bases for justice motivation such 1
Dalbert (2001) develops a different conceptualization of
as distributive, procedural, and interactional jus- the justice motive that does emphasize ongoing striving
tice (cf. Jost & Kay, 2010), justice motive theory for justice as a marker for justice motivation.
7 The Justice Motive: History, Theory, and Research 131

dynamics have focused on how people deal with motive, like many human motives, informs
and strive to avoid threats to the belief (cf. people’s experience in ways that are largely out-
Molden et al., 2008, p. 170). side of awareness (Lerner & Goldberg, 1999).
In characterizing the motive as a need to Indeed, people, if they are at all aware of events
believe in a just world, Lerner used the notion of around them, will readily acknowledge that the
“belief” in a manner that is different from our world is not a just place. Thus, much of the
everyday understanding of believing something. research documenting justice motive processes
As the opening quotation suggests, the phrase has relied on indirect evidence, such as victim
“belief in a just world” was intended to be a way blaming following a just world threat induction.
of summarizing the dynamics of a foundational More recent work drawing on methodological
assumption people need to retain that seldom, if advances for examining implicit processes has
ever, appears in consciousness the same way yielded more direct evidence of justice concerns
beliefs do. As a result, the need to believe in a just being involved in previously documented reac-
world is probably better understood as the need tions to just world threats (Hafer, 2000b).
to be able to assume the world is a just place, in Because justice motive processes and outputs
much the same way Bowlby describes the legacy are both introspectively opaque and empirically
of the attachment process being “working mod- documentable only by indirect inference, precise
els” people have of themselves and their relation- interpretation of the manifest expressions of the
ship to the world (Bowlby, 1969, 1973, 1980). motive can be difficult given other normatively
Lerner’s just world, like Bowlby’s working based ways in which people make sense out of
model, does not exist in conscious awareness, but their own and other people’s behavior. If some-
nonetheless pervasively affects how people per- one blames a victim for what happened to them,
ceive and experience daily life. is the judgment the product of implicit justice-
Much has been learned about the various strat- motivated cognitions or the result of thoughtful
egies and resources people draw on to sustain and conscious application of norms of culpability
their belief in a just world. General characteris- and blame? Possible answers to such questions
tics of motivation and its relationship to cogni- follow discussion of what is known about how
tion and behavior are apparent in this body of people maintain their belief in a just world.
research. One important feature is equifinality:
the idea that the goal of believing the world is just
is attainable using a number of different strate- 7.3 Maintaining the Belief
gies (Heider, 1958; Kruglanski, 1996). For exam- in a Just World
ple, in the seminal Lerner and Simmons (1966)
research, when participants believed their actions 7.3.1 Reactions to Injustice:
would end the suffering of an innocent victim, Motivated Behavior
they did not derogate the victim, but did derogate and Cognition
when they were not given the opportunity to act
or were uncertain about whether or not their deci- The most compelling evidence for the justice
sion to act actually addressed the injustice. This motive comes from people’s reactions to unde-
example also demonstrates substitutability: dif- served suffering and misfortune. Given the
ferent strategies for maintaining the belief in a importance of the need to believe in a just world,
just world that are mutually substitutable or func- Lerner (1980) argued that people engage in vari-
tionally equivalent (Kruglanski, 1996, p. 503). ous cognitive and behavioral “strategies” or “tac-
A particularly important consideration for tics” to maintain a perception of justice in the
understanding justice motive dynamics is the mat- face of threat which are more or less equifinal
ter of how it appears in people’s lives. Are people and substitutable. Furthermore, the strategies
aware of their need to believe in a just world? people employ can be either rational or non-
Theory and research to date suggest that the justice rational (Lerner, 1980).
132 J.H. Ellard et al.

7.3.2 Reacting to Injustice: Rational Recent justice motive investigations indicate


Strategies that this take on the psychology of retribution has
merit (Callan, Dawtry, & Olson, 2012; Callan,
Rational strategies involve taking action, often Powell, & Ellard, 2007; Hafer, 2000b). An
with a focus on victims: attempting to limit injus- important contribution was made by Hafer
tices before they occur (e.g., supporting welfare (2000b) who found that unpunished perpetrators
policies to assist underprivileged children) or are more just world threatening than punished
compensating or helping victims after an injus- ones. More recent investigations have docu-
tice has occurred (Hafer & Gosse, 2010). For mented how evaluative characteristics of victims
example, in the aforementioned Lerner and (e.g., old/young, attractive/unattractive) moder-
Simmons (1966) study, when participants were ate judgments of perpetrator punishment culpa-
given the opportunity to choose between continu- bility. For example, Callan et al. (2007) found
ing a procedure that involved shocking a fellow that participants recommended more punishment
participant in a learning study and switching to a for a harm-doer when the victim was perceived as
variation that would involve rewards for correct more attractive than unattractive, and this effect
performance, 23 of 25 participants chose to was mediated by the perceived unfairness of the
switch to reward. In so doing, they not only chose incident. Research by Meindl and Lerner (1983,
to end the victim’s suffering, but chose the option Study 3) suggests a possible research strategy for
that compensated her as well. generating behavioral evidence of the justice
This work highlights the importance of the motive in retribution. In their investigation of the
justice motive for prosocial behavior. People can heroic motive, they replaced the opportunity to
be highly motivated to respond to the needs of confront someone who had insulted a partner
others, with the important additional insight from with an unrelated opportunity to engage in an
justice motive theory that this strategy will be altruistic act. They found that the conditions that
most preferred when people also believe that created the most willingness to confront the
their actions will adequately remove the injustice insulter in previous studies also produced the
(Simmons & Lerner, 1968; White, MacDonnell, most willingness to be altruistic in an unrelated
& Ellard, 2012). context when dealing with the insulter was not an
In principle, taking action could also mean option. This finding strengthened the researcher’s
seeing the perpetrator(s) of injustice get their claim that it was the symbolic significance of the
“just deserts.” Yet there has been relatively little initial harm that motivated their participants’
research explicitly examining the role of the jus- willingness to confront as opposed to say, seizing
tice motive, as understood here, in reactions to an opportunity to behave aggressively.
harm-doers. This is remarkable given recent
interest in the psychology of retribution. Work by
Kevin Carlsmith, John Darely, and their col- 7.3.3 Reacting to Injustice: Non-
leagues has highlighted the extent to which vari- rational Strategies
ables commonly used to manipulate just world
threat (e.g., perpetrator intent, severity of harm) Lerner (1980) also proposed several “non-
also increase the “moral outrage” of observers rational” strategies people may employ, particu-
and retributive responses animated by a desire for larly when taking action to fully redress injustice
“just deserts” (Carlsmith, 2006; Carlsmith & is not an option. As a recent review demonstrates,
Darley, 2008; Darley, Carlsmith, & Robinson, the most extensively investigated of these is vic-
2000). It seems reasonable to wonder if the tim blame and derogation (Hafer & Bègue, 2005).
motive for justice deserts is ultimately based in Devaluing victims or blaming them is just world
the justice motive with retributive action focused protective because it has the effect of removing
on bringing offenders in line with expectations the injustice. If bad things happen to bad people
for how people should behave and orient to oth- or to people who have done things to deserve their
ers in a just world. fate, the world is a just place after all. As Hafer
7 The Justice Motive: History, Theory, and Research 133

and Bègue note, the emphasis on these two strat- effective strategies, in part, as Lerner notes,
egies has resulted in a general perception that because it doesn’t require distortion of reality.
these two phenomena define the domain of justice The idea is simple: people retain their belief in a
motive theory (p. 148). In a sense this is not sur- just world by ignoring evidence to the contrary.
prising. Everyone knows that reasonable people In one of the few empirical demonstrations of
do not blame or derogate innocent victims (cf. this, Pancer (1988) investigated the physical
Weiner, 1985). Lerner’s early investigations dem- distance participants maintained from a table
onstrating that people do at times respond to vic- displaying an appeal for donations to needy
tims this way drew the sort of attention strongly children. He found that when the table exhibited
counter intuitive findings always do in social psy- a high salience plea for help (e.g., with graphic
chology (Ross & Nisbett, 1991). However, inter- images of suffering children), people walked
est in this research was also undoubtedly fueled further away when passing the table than when
by its obvious relevance for understanding some it exhibited a low salience, non-graphic appeal.
of the intractability of important social justice By ignoring and/or avoiding an injustice, people
issues (cf. Ryan, 1971). This is evidenced in the with high just world beliefs were less likely to
Hafer and Bègue (2005) review where they point remember details from the high (vs. low) salient
out much of the justice motive research since the appeal, and as a result, prevented themselves
1980s has been less about theory development from being exposed to threats to their belief in a
than applying justice motive theory to under- just world.
standing the challenges faced by various victim The lack of justice motive research examining
populations (e.g., poverty, crime, disease). denial and withdrawal is unfortunate because its
More theoretically oriented research clarified relevance for social justice may be at least as
important issues in connection with blame and important as blaming or derogating victims. For
derogation. Early research focused on the role of instance, Lerner’s (1980) description of this
empathy, with some investigators arguing that strategy includes the observation that one way
empathic experience of a victim’s plight should people may avoid the moral outrage of the injus-
preempt the tendency to blame or derogate tices of poverty is to simply not go there. Don’t
(Aderman, Brehm, & Katz, 1974). Addressing physically go to “that part of town” and change
this issue yielded an important insight: blame and the channel when “it” appears on your television.
derogation of victims, if based in the justice Lott’s (2002) examination of the role of behav-
motive, requires some degree of empathic ioral distancing from the poor highlights just how
involvement. The hunch that empathy would pre- significant denial and withdrawal can be as barri-
clude such reactions was based on failure to dis- ers to social justice.
tinguish empathy from sympathy (Lerner & The notion that just world threat can be dimin-
Miller, 1978; Lerner, 1980). Achieving some pre- ished by reinterpreting the outcome has been
cision in knowing when observers would blame even less extensively investigated until recently.
or derogate or both also emerged out of studies Kay and Jost (2003) pursued this idea by suggest-
varying factors such as the attractiveness of the ing that rather than literally reinterpreting the
victim and plausibility for culpable blame (Lerner outcome (e.g., poverty is good), people may
& Miller, 1978). For instance, blaming victims instead find offsetting compensations for bad
increases as a function of the victim’s attractive- outcomes. In the context of poverty, they found
ness precisely because devaluing an attractive that accounts conveying the idea of the poor
person requires more reality distortion. being happier than the rich were less justice
Remarkably, two other non-rational strate- motive threatening than accounts suggesting the
gies proposed by Lerner (1980) have received rich being happier than the poor.
much less empirical attention. In the case of Interest in non-rational strategies for being
denial-withdrawal, the lack of research is unfor- able to experience the world as just has begun to
tunate because it may in fact be one of the most examine perceptions of perpetrators. For instance,
134 J.H. Ellard et al.

the justice motive has been implicated in the ten- as many religious texts promote concepts that
dency to see particular perpetrators as evil parallel notions of immanent justice. Supporting
(demonizing; Ellard, Miller, Baumle, & Olson, their predictions, Harvey and Callan (2014)
2002). This research found that particularly egre- found that highly religious individuals were more
gious forms of suffering inflicted on others (e.g., likely to make immanent justice attributions
gratuitous excess in harming combined with when knowledgeable of a victim’s prior misdeeds
sadistic pleasure) appear to evoke such a strong (vs. not). That is, religiosity essentially amplified
sense of malevolent threat to just world that peo- the use of immanent justice reasoning in response
ple need to attribute the behavior to the uniquely to a misfortune.
deviant (evil) character of the perpetrator. To do As Hafer and Gosse (2010) point out, continu-
otherwise would leave open the door to the pos- ing research in this area is important for both
sibility that malevolent just world threatening theoretical and practical reasons. The practical
forces exist that can lead potentially anyone to significance is demonstrated in the consumer
engage in evil acts. research by White et al. (2012), where deliberate
efforts at getting people to address injustice
Process Considerations through their consumer choices were found to
An important challenge for justice motive backfire if the “channel factors” inhibiting and
researchers that follows naturally from docu- facilitating different strategies were not appropri-
menting a variety of substitutable ways in which ately addressed.
people maintain their belief in a just world is Another important consideration concerning
understanding which of one or more strategies the processes involved in the implementation of
may be preferred in any given situation. Carolyn non-rational strategies is the extent to which their
Hafer and her colleagues have taken up the chal- appearance relies on or is independent of the
lenge theoretically (Hafer & Gosse, 2010) and capacity to deliberate (or not). While both theory
empirically (e.g., Hafer & Gosse, 2011; see also and research have emphasized the implicit and
Haynes & Olson, 2006). Their theoretical analy- intuitive activation of both rational and non-
sis suggests that the strategy or strategies evi- rational strategies, van den Bos and Maas (2009)
denced in a given context will potentially reflect produced evidence that seemed to suggest that in
the influence of both situational and person fac- the case of victim blaming, observers need to
tors. They note, for instance, that situational con- have cognitive capacity to process relevant infor-
siderations of effortfulness, availability, and mation. Subsequent examination of this issue
efficacy will guide preference. While empirical strongly suggests that a variety of strategies
work exploring these dimensions is limited, (helping, derogating, or victim blaming) are pos-
recent research has highlighted the importance of sible reactions to injustice whether the observer
efficacy. White et al. (2012) found that highlight- has cognitive capacity or not (Harvey, Callan, &
ing injustice associated with the production of Matthews, in press).
certain products will only lead to consumer pref- Taken together, the scholarship concerned
erence for fair trade products, if the consumer with documenting the various ways people react
believes that their purchase will meaningfully to or avoid injustice in the service of maintaining
redress the injustice. With respect to individual the belief in a just world is compelling as far as it
difference factors, Hafer and Gosse (2011) found goes. The extensive emphasis on victim blame
that repressors, because of a dispositional desire and derogation has arguably been at the expense
to avoid negativity, prefer responses to victimiza- of understanding more completely when and how
tion that emphasize compensatory benefits to the people adopt other strategies. While these gaps
victim, whereas non-repressors were more remain, justice motive research has in some ways
inclined to react negatively to the victim. More moved from examining reactions to injustice to
recently, Harvey and Callan (2014) examined exploring how the justice motive appears in other
individual endorsement of religiosity as a signifi- ways in people’s lives, a trend that is discussed in
cant moderator of immanent justice judgments, the next section.
7 The Justice Motive: History, Theory, and Research 135

7.4 The New Look of Justice framing is a particularly powerful way of main-
Motive Research: Just World taining the just world belief for a few reasons.
Construal of Everyday First, it minimizes the need to distort reality in
Experience the present (the victim really is suffering and is
not blameworthy or bad). Second, because the
The opening quote to this chapter highlights future and past are more mutable with respect to
Lerner’s view that being able to believe in a just generating imagined compensations (rewards
world is an important basis for meaning in peo- and/or punishments), in principle virtually any
ple’s lives. Recent developments in justice motive ongoing injustice can be nullified as a threat to
theory and research demonstrate that finding the idea that people get what they deserve.
meaning this way is not limited to how we react Recent research has documented the useful-
to injustice, but is also apparent in our ongoing ness of having an extended time frame for antici-
construal of daily experience. The idea that the pating the experience of injustice (Anderson,
world is a just place is apparent, for instance, in Kay, & Fitzsimons, 2010; Hafer & Gosse, 2011;
how people construe causality, remember the Warner, VanDeursen, & Pope, 2012). Warner
past, and think about the future. This important et al. (2012) found that their participants were
dimension of justice motivation was anticipated less likely to blame victims and more likely to
in Lerner’s (1980) discussion of protective strate- find compensatory benefits for suffering if the
gies; anticipatory and ongoing ways of orienting victimization was temporally distant, whereas
to one’s day-to-day experience that allow us to the opposite was true if the victimization was
maintain the belief that “the world is basically a temporally proximal. Work by Anderson et al.
just place” (Rubin & Peplau, 1975). The distinc- (2010) is particularly interesting because it is one
tion between reactive and ongoing/anticipatory of the few studies that documents a link between
mechanisms is in some ways arbitrary, but is just world threat and the search for meaning; in
highlighted here to emphasize the extent to which this case through ultimate justice reasoning.
the justice motive literature has moved beyond These investigators found that participants whose
documenting a narrow set of responses to need to believe in a just world was temporarily
victimization. heightened subsequently deemed a teenager’s
later life as more fulfilling and meaningful if he
had been badly injured and placed in a wheel-
7.4.1 Anticipating Injustice: chair than if he had suffered only a mild injury,
The Protective Strategies whereas non-justice-threatened participants saw
no difference between the two fates in terms of
Ultimate Justice future meaning.
Lerner described two protective strategies that
minimize the potential for people to have to Multiple Worlds, Only One, Mine, Is
experience and make sense of injustice in their Just
lives. The first of these, ultimate justice reason- The non-rational reactive strategy of denial-
ing, involves adopting a temporal framework that withdrawal can be extended to being anticipatory
places present injustice in an extended ultimate and protective if people organize their assump-
justice temporal framework. Encounters with tions and everyday experience around the idea
injustice are less problematic and threatening if that while there are undoubtedly victims in the
one is committed to the view that justice is being world, they occupy a different psychological and
done or will be done. Notions such as karma and physical space than one’s own “just world.” As
afterlife beliefs that emphasize ultimate rewards Lerner (1980) points out, while we may well be
for victims and punishment for harm-doers are peripherally aware of other victim “worlds,” if
examples of temporal deservingness framings the victims are out of sight and out of mind, it is
(see Shweder & Miller, 1985). Ultimate justice easier to indulge the idea that the world is a just
136 J.H. Ellard et al.

place. The efficacy of this strategy thus depends people they do not like, the important contribu-
on being able to successfully construct one’s life tion of these studies has been to demonstrate that
around a kind of structured selective exposure it is the criterion of deserving that mediates our
and psychological distancing. While there is little reactions to the misfortune of others.
empirical evidence directly addressing the pro-
tective value of “constructing” a just world, there
is evidence that people are moved to psychologi- 7.4.2 Just World Construal
cal distance from victims (e.g., Drout & Gaertner, of Everyday Experience
1994; Hafer, 2000a), such as perceiving oneself
as dissimilar to an innocent victim in terms of A growing body of justice motive research is
personal attributes. documenting the various ways in which the
Research relevant to the multiple worlds strat- need to believe in a just world influences our
egy can also be found in the body of work docu- day-to-day construal of experience. The need is
menting how responsiveness to injustice depends apparent in what we pay attention to, how we
greatly on who it is happening to. In general, the process information, and what we remember; in
more stigmatized and culturally devalued some- other words, in all phases of the cognitive pro-
one is, the less likely it is that her or his suffering cesses that combine to produce construal of the
will provoke justice concerns or the sense that a world as just.
tragedy has happened. Building on early work The “online” influence of the justice motive
showing that people were more moved to blame a has been recently documented in research
respectable innocent victim than a similarly inno- examining how visual information search would
cent but more disreputable one (Jones & Aronson, appear to literally reflect a search for justice.
1973), researchers have examined a variety of Callan, Ferguson, and Bindemann (2013) found
different dimensions that people can be differen- that their participants’ search of a visual scene
tially evaluated on. This work has in many containing good and bad outcomes was influ-
instances provided new insight into how impor- enced by knowing whether or not the actor in the
tant the justice motive is for prejudice and scene was a morally good or bad person.
discrimination. Remarkably, eye gaze preference favored focus
In search of evidence of justice motive pro- on bad outcomes for bad actors and good out-
cesses in these situations, Correia, Vala, and comes for good actors even before the partici-
Aguiar (2007) found that while the innocent suf- pants learned the actual outcomes in unfolding
fering of an ingroup victim produced justice narratives, or as the authors put it, an anticipatory
motive threat, as evidenced by attentional inter- preference for the deserved outcome.
ference to justice words during a modified Stroop The justice motive has also been shown to
task, an equally innocent and suffering outgroup influence how we process information. Gaucher,
victim did not. Similarly, Callan et al. (2007) Hafer, Kay, and Davidenko (2010, Study 1)
found that the death of an attractive young woman demonstrated that people invoke automatic
was viewed as more unfair and tragic than the compensatory cognitions in response to daily
death of an identically described woman whose experiences of unfairness. Thus, when asked to
picture was manipulated to be less attractive. report their satisfaction with a pending negative
Conceptually analogous research produced simi- experience, participants were more satisfied if
lar results when the victims varied in age (Callan they had just recalled a bad break than if they
et al., 2012). Consistent with negative stereotypes had recalled a recent good break. Similarly, a
about the elderly, a pedestrian accident involving potential negative turn in the weather was con-
an older person was viewed as less unjust than sidered more unfortunate after recalling a good
the same accident happening to a younger per- break than a bad one. The authors describe this
son. While on its face it seems unsurprising to tendency to adjust one’s evaluation of ongoing
find people less concerned about the outcomes of
7 The Justice Motive: History, Theory, and Research 137

experience in deservingness terms, compensa- Callan, Sutton, Harvey, & Dawtry, 2014). For
tory bias. example, Callan, Harvey et al. (2013) found that
Just-world construal is also apparent in how participants causally related a freak car accident
people recall the past. A deservingness bias in to the victim’s prior behavior to a greater extent
how people recall events suggests that people use when they learned he previously stole from chil-
a just-world schema to guide recall (Callan, Kay, dren (vs. did not). Immanent justice reasoning
Davidenko, & Ellard, 2009; McDonald & Hirt, presumably allows an observer to make sense of
1997). In their examination of recall bias, Callan, a misfortune by locating its cause in the prior
Kay, et al. (2009) presented participants with a misdeeds of the victim. This cognitive adjust-
story about a lottery winner and later asked par- ment therefore allows the string of observed
ticipants to remember the value of the lottery events to remain in accordance with just-world
prize during a surprise recall task. Participants principles of deservingness (i.e., “bad things are
recalled a smaller lottery prize when the recipient caused by bad people”).
was portrayed as a “bad” person than when he There are resemblances in the “new look” jus-
was portrayed as a “good” person. Callan et al. tice motive research to the more extensive body
argued that knowledge that a “bad” person of research documenting all of what goes into
received a good outcome was inconsistent with people’s functional illusions about themselves
the deservingness expectation that good things (Greenwald, 1980; Taylor, 1989; Taylor &
should happen only to good people, and therefore Brown, 1988). That extensive scholarship has
participants recalled the lottery prize in a way shown the important role encoding, processing,
that rendered its value as more consistent with and recall biases play in allowing us to sustain a
what a bad person deserves (i.e., less of a good coherent positive view of self. A more complete
outcome). understanding of the psychological underpin-
A particularly important line of research evi- nings of the just world functional illusion will
dencing just-world construal indicates that similarly benefit from documenting how our cog-
deservingness can also inform how people think nitive, affective, and motivational architecture
about causal relationships. This work examining combine to provide the sense of coherence and
immanent justice reasoning has found that the meaning the belief in a just world provides.
just-world moral imperative can give rise to
causal understandings, revealing that people not
only need to believe in a just world, but they are 7.5 The Justice Motive
also willing to believe that there are causal forces Influences How
at work to keep it that way. We Experience Our Own
Immanent justice reasoning was first Fates
described by Piaget (1932/1965) as a form of
reasoning most evidenced in children at an age In their review of the justice motive literature
when their capacity to distinguish moral forces published after 1980, Hafer and Bègue (2005)
from natural causal ones is incomplete. Children, note that the experimental justice motive litera-
for instance, would reason that a child experi- ture had sustained the pre-1980 emphasis on
encing a fortuitous mishap had the experience third party reactions to injustice. The pattern has
because of a prior moral indiscretion. However, persisted, but researchers have begun to focus
it appears that the justice motive can lead adults attention on how deservingness informs people’s
to engage in similar “magical” reasoning, par- reactions to their own outcomes.2 Lerner (1980)
ticularly under conditions where circumstances is clear that there is no theoretical reason to
are morally significant and their capacity for
reflective consideration of what happened is 2
As Hafer and Bègue (2005) also point out, this stands in
diminished (Callan, Ellard, & Nicol, 2006; contrast to the sizeable literature on the role of just world
Callan, Sutton, & Dovale, 2010; for a review, see beliefs and reactions to outcomes (e.g., Dalbert, 2001.)
138 J.H. Ellard et al.

assume that the justice motive is any less at play give rise to a willingness to use gambling as
for self than others and provides examples of how mechanism for finding justice in their lives, a
even the blame and derogation strategies may be behavioral strategy that too often only makes
applied to the self. A particularly powerful exam- things worse.
ple cited is a study of prospective draftees in a People appear to be willing to re-evaluate
1971 US military draft lottery (Rubin & Peplau, themselves as a function of outcome when the
1973). Notwithstanding the explicit randomness outcome is positive. Ellard and Bates (1990) cre-
of the outcome, prospective draftees drawing a ated a simulated work situation in which partici-
lottery number that meant they were unlikely to pants thought they had been randomly assigned
be drafted evidenced a self-esteem increase from to be either the “supervisor” or a fellow “worker.”
immediately prior to immediately following the As with the Rubin and Peplau (1973) study, even
lottery, whereas those drawing a number that though participants knew their status as supervi-
meant they were very likely to be drafted showed sor or worker was arrived at through an ostensi-
the opposite pattern. The justice motive interpre- ble random process, those occupying a
tation of these self-esteem changes once again “supervisor” role had no difficulty seeing them-
emphasizes the importance of deservingness. For selves as superior in character to the “worker,” as
instance, finding out that a fortuitous process had one would expect if participants needed to see
suddenly increased one’s likelihood of joining themselves as deserving of their status position.
combat in Vietnam, these young men’s views of More recent work shows how memory processes
themselves shifted as deservingness would dic- can enable a self-blame rather than self-
tate: they are now the sort of less worthy people derogation in the service of deservingness con-
who deserve such a fate. More recently, Callan strual. Callan, Kay et al. (2009, Study 3) showed
et al. (in press) extended these findings by show- that people are selectively biased in how they
ing that participants who recalled or experienced view themselves following a bad break. After
random bad (vs. good) outcomes devalued their failing to gain (vs. successfully gaining) the
self-esteem that in turn increased their beliefs chance to take part in a unique and rewarding
about deserving bad outcomes. Moreover, across study, participants recalled more previous bad
a series of studies, beliefs about deserving bad deeds to justify their fortuitous bad break.
outcomes predicted a range of self-defeating The need to believe that one’s outcomes are
beliefs and behaviors, such as self-handicapping, deserved can also give rise to anticipatory strate-
thoughts of self-harm, and wanting others to gies that appear to draw on the same immanent
evaluate the self less positively. These findings justice assumptions about how justice guides the
provided evidence for the idea that one reason course of events in one’s life. Converse, Risen,
why people lower in self-esteem engage in self- and Carter (2012) and Zuckerman (1975) both
defeating behaviors is because they believe they showed that when people are anticipating an
deserve bad outcomes. important outcome, such as an impending exam
These findings with fortuitous outcomes align or job offer, they engage in behaviors that would
with social justice research examining the role increase their deservingness of the desired out-
just-world beliefs play in the tendency for people come. For example, Converse et al. (2012) found
to resist perceptions of personal discrimination that participants acted more virtuously (e.g.,
and be remarkably accepting of their unjust lot in donated money) ahead of an uncertain but desired
life (Hafer & Choma, 2009; Olson & Hafer, outcome (e.g., a job offer) presumably as a means
2001). However, self-deprecation and blame are of encouraging the favor of fate: good things hap-
not the only expressions of the justice motive for pen to people who do good things. It therefore
the deprived. Callan, Ellard, Shead, and Hodgins seems that when people anticipate a positive out-
(2008; see also Callan, Shead, & Olson, 2011) come, which is held in the hands of fate, they will
document how personal relative deprivation can actively try to make themselves more deserving
7 The Justice Motive: History, Theory, and Research 139

of the desired outcome. Believing that the world cal and practical reasons. Theoretically, the
operates in a fair and just way, where good things divergence arises in part because of different
happen to good people and bad things happen to assumptions about the nature of the justice
bad people, motivates people to enhance their motive. The just world belief scholarship concep-
value and worth in the hope that they will be tualizes the motive in terms of individual differ-
justly rewarded.3 ences in justice striving and the strength of the
belief. The experimental justice motive literature,
on the other hand, relies on a homeostatic, pre-
7.6 Issues and Directions vention understanding of the motive that has as
for Future Research its ultimate goal sustaining the assumption that
the world is just (see above). This conceptualiza-
While justice motive research has continued to tion does not preclude justice striving, but would
develop, challenges remain. Of particular impor- predict such striving to reflect a need to redress a
tance is the need for more theory and research significant threat to the just world assumption. To
clarifying the relation between the justice motive the extent that the striving succeeds in diminish-
and just world beliefs. As Hafer and Bègue (2005) ing the impact of threat, the striving would be
noted, just world research has tended to pursue expected to diminish. This conceptualization of
one of two strategies. An individual difference- the motive results in a more skeptical stance with
oriented strategy that assumes a high degree of respect to just world belief measures because it
correspondence between standing on self-report assumes that most, if not all, people have the
measures of just world beliefs and strength of the same strong need to be able to assume the world
justice motive has examined various theoretical is just. Individual differences in just world beliefs
and applied questions using largely correlational then are assumed to be less about the strength of
research designs (cf. Dalbert, 2001). The second the belief, than perhaps stylistic differences in
approach relies more on experimental manipula- how it is maintained (cf. Lerner, 1980, Chap. 10).
tions, typically of just world threat, and assesses Given the importance of these issues, there is a
reactions on a variety of dependent measures significant need for experimental and psychomet-
including evaluations of victims, perpetrators, and ric research clarifying the relation between the
outcomes. More recently, this approach has conceptualization of the justice motive developed
included more “process” type measures of atten- here and just-world beliefs (see Hafer & Bègue,
tion, memory, and causal inference. This approach 2005 for an analysis of early empirical efforts at
emphasizes the construct validity of the manipu- addressing this issue and Hafer & Sutton, 2016,
lations used rather than making strong assump- Chap. 8 of this handbook).
tions about the construct validity of self-report The practical implications of two just world
just world belief measures. literatures are equally important, particularly
Over time, the two approaches have given rise when scholars outside the area are interested in
to two “just world” literatures that have become drawing on just world theory for their area of
increasingly disconnected from one another, as inquiry. Literature searches on just world will turn
evidenced by two separate chapters in this hand- up as many or more studies using just world belief
book. The trend is unfortunate for both theoreti- measures to study the justice motive than experi-
mental ones. This combined with the relative ease
3 of using readily available just world self-report
These findings shed light on a counterintuitive pattern of
behavior Irving Janis (1951) observed in his study of how measures can potentially lead to research with
people in Europe dealt with the randomness of bombing interpretations of findings that may or may not
raids during World War II. He expected than when faced accurately reflect justice motive processes.
with the prospect of losing one’s life in an instant people
Another matter that persists in the justice
would become more hedonistic. He found the opposite.
Under such threat conditions, people adhered more, not motive literature has to do with nature of the
less, to norms of good conduct. stimuli used in just world studies and the related
140 J.H. Ellard et al.

issue of independent variable construct validity. deservingness is central to making sense of expe-
Lerner has argued strongly for studies that use riences that are powerful enough to lay bare the
sufficiently engaging and involving stimulus situ- assumptions that sustain our day-to-day goal
ations to allow the researcher to have confidence striving and sense of purpose. Justice motive
that the stimuli are sufficiently impactful and that research of this sort would also provide points of
inferences about activation of the motive are contact with the just world belief literature, which
plausible (Lerner, 2003). The difficulty of course has already examined correlates of just world
is that there is no established practice for know- beliefs in a variety of real-world contexts.
ing whether one’s stimuli are engaging enough. It
is not sufficient to assess self-report measures of
emotionality because the absence of emotional References
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Belief in a Just World
8
Carolyn L. Hafer and Robbie Sutton

8.1 Introduction vidual’s character is adjusted, so the individual’s


fate seems more deserved and, therefore, just
Lerner’s (1977) justice motive theory is one of (see Ellard, Harvey, & Callan, 2016, Chap. 7 of
the most influential justice theories in social psy- this handbook, for a sustained discussion of the
chology. Testifying to its impact, the theory has motive to perceive the world as a just place).
spawned two very different lines of research: Rubin and Peplau (1973) proposed that only
One focused on experimental tests of motiva- individuals who have a strong dispositional
tional processes; and another, largely correla- belief in a just world (BJW) would react as pre-
tional, line of research emphasizing stable dicted by justice motive theory. In doing so,
individual differences. Ellard, Harvey, and Callan Rubin and Peplau (1973) assumed a close cor-
(2016) provide a detailed review of the former, respondence between the strength of (a) the
experimental literature. In this chapter, we review BJW and (b) the desire to believe in a just world.
past and current developments in the individual Informed by this assumption, Rubin and Peplau
difference literature. (1973, 1975) developed the Just World Scale,
Based on a series of experiments, Lerner which measures people’s chronic belief that the
(1980) proposed that people need to believe that world is a just place in which individuals get
the world is a just place wherein individuals get what they deserve. Importantly, the Just World
what they deserve. Instances of undeserved out- Scale, like other BJW scales, does not explicitly
comes (i.e., injustice) are therefore threatening. assess the need to believe in a just world.
People respond to such threats by trying to restore Further, as we shall see later in this chapter, it is
justice, often through defensive means. For unlikely that anything more than a very weak
example, people might defensively derogate the relation exists between scores on BJW scales
character of victims of misfortune and lionize the and the need to believe in a just world. Thus,
character of undeserving beneficiaries of good Rubin and Peplau’s starting assumption now
fortune. In either case, assessment of the indi- seems misguided. Nonetheless, their research
was the first to explore the properties of BJW as
C.L. Hafer (*) an individual difference variable, and in doing
Brock University, Saint Catharines, Canada so made possible all the discoveries that have
e-mail: chafer@brocku.ca
subsequently arisen from studies of BJW.
R. Sutton Since Rubin and Peplau’s (1973, 1975) seminal
University of Kent, Canterbury, UK
papers, the research has matured such that BJW
e-mail: R.Sutton@kent.ac.uk

© Springer Science+Business Media New York 2016 145


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_8
146 C.L. Hafer and R. Sutton

is often examined as an important individual dif- Scale. For example, regarding construct validity,
ference construct in its own right, and not solely Rubin and Peplau reported further evidence that
as a potential moderator of experimental effects individuals with a strong BJW derogate victims
predicted by justice motive theory. This research relative to individuals with a weaker BJW. In addi-
can be characterized by three broad trends: fur- tion, Rubin and Peplau summarized correlates of
ther development of BJW scales, studies of cor- BJW (e.g., authoritarianism) that are expected on
relates of BJW, and research addressing the the basis of theory about the development and func-
broader significance of BJW. We organize our tions of the belief. Finally, Rubin and Peplau pre-
chapter according to these three themes. sented correlational evidence of predicted
sociopolitical “consequences” of BJW, such as
positive attitudes toward existing political and social
8.2 Scale Development institutions, negative attitudes toward disadvan-
taged groups, and lower levels of social activism.
8.2.1 Rubin and Peplau’s Just
World Scale
8.2.2 Criticisms of Rubin
The Just World Scale is an explicit self-report and Peplau’s Just World Scale
measure consisting of a series of statements to
which people indicate the extent of their Despite preliminary evidence of acceptable reli-
agreement-disagreement on a numeric scale. An ability and validity for the Just World Scale,
initial 16-item version of the scale was followed researchers soon began to discover weaknesses
by a 20-item version (see Rubin & Peplau, 1975). (for reviews, see Furnham & Procter, 1989;
Several items in the Just World Scale address a Furnham, 2003). First, although most initial
specific domain, such as the legal system and internal consistency coefficients were adequate,
health, whereas other items are general (e.g., later studies yielded poorer results (e.g.,
“Basically, the world is a just place”). Some items Ambrosio & Sheehan, 1990; Hellman,
are phrased in the unjust world direction and are, Muilenburg-Trevino, & Worley, 2008; Loo,
thus, reverse-scored (e.g., “I’ve found that a per- 2002a). Second, the factor structure of the Just
son rarely deserves the reputation he has”). World Scale was also criticized. Although the
To validate the 16-item scale, Rubin and Peplau scale is presumably meant to be unidimensional,
(1973) administered the measure to young men many studies showed evidence for several inter-
who were subject to the 1971 military draft lottery pretable factors. Furthermore, the factor structure
in the United States. Men scoring higher on the Just is not consistent across studies (Furnham, 2003).
World Scale, compared to those scoring lower, had A third problem for the Just World Scale is
a greater tendency to react more favorably to “win- that the meaning of its reverse-coded items is
ners” of the lottery (those whose randomly drawn ambiguous. Several authors have found that
number meant they were less likely to be drafted items worded in the just-world vs. unjust-world
into military service) than to “losers” (those whose direction load onto different factors. In addition,
number meant they were more likely to be drafted). separate just-world and unjust-world scales cre-
The findings were consistent with Rubin and ated from these differentially keyed items are
Peplau’s (1973) claim that individuals who hold a only weakly correlated (if at all) and typically
strong BJW are more likely to respond to unde- predict different criteria (e.g., Couch, 1998;
served outcomes as hypothesized in justice motive Dalbert, Lipkus, Sallay, & Goch, 2001;
theory; that is, by derogating victims of undeserved Furnham, 1995; Loo, 2002a). These findings
negative outcomes and lionizing beneficiaries of imply that the opposite of BJW is not necessarily
undeserved positive outcomes. belief in an unjust world. Furnham and Procter
Rubin and Peplau (1975) summarized early evi- (1989) suggested that another alternative to a
dence of the reliability and validity of the Just World BJW is a belief that the world is random and,
8 Belief in a Just World 147

therefore, not predicable at all. In contrast, an ences in BJW, the Dalbert and Lipkus measures
unjust world is a nonrandom world in which are gaining popularity. Indeed, the Dalbert measure
people predictably receive undeserved out- has been translated into several different lan-
comes. Thus, unjust world items are likely inad- guages (e.g., Bastounis, Leiser, & Roland-Lévy,
equate as indicators of (low) BJW. 2004; Bastounis & Minibas-Poussard, 2012;
Dalbert & Katona-Sallay, 1996; Dalbert &
Yamauchi, 1994).
8.2.3 Attempts to Improve the Just
World Scale BJW in different domains. Some researchers have
argued that BJW might vary within individuals
Since Rubin and Peplau’s groundbreaking work, depending on the domain specified. Furnham and
the development of BJW scales has taken differ- Procter (1992) created the Multidimensional
ent directions. First, researchers have created BJW Scale, which taps into just world and unjust
more psychometrically sound measures of gen- world beliefs in three spheres of life: sociopoliti-
eral BJW. Second, researchers have gone beyond cal, interpersonal, and personal domains.
the idea of general BJW to create scales assessing Unfortunately, the scales suffer from poor psy-
BJW in different domains of life. Third, some chometric properties (e.g., Furnham & Procter,
researchers have attempted to assess different 1992; Lipkus, 1991) and thus have not been
ways of believing in a just world. widely used.
More promising, Lucas and colleagues have
General BJW scales. Rubin and Peplau’s scale created measures of distributive and procedural
includes both domain-specific and general items. BJW (e.g., Lucas, Alexander, Firestone, &
Two subsequent measures of BJW—a 6-item LeBreton, 2007). Distributive justice is the jus-
German scale by Dalbert, Montada, and Schmitt tice of distributions of resources or outcomes (e.g.,
(1987), and a 7-item English scale by Lipkus Deutsch, 1985). Procedural justice is the justice of
(1991)—include only general items. These scales mechanisms for making decisions about distribu-
address many of the criticisms of the Just World tions or outcomes, as well as the treatment of those
Scale. Likely due to the use of only general items, affected by decisions (e.g., Bies & Moag, 1986;
the newer scales show increased reliability com- Lind & Tyler, 1988). Lucas’s research is still in its
pared to the Just World Scale, as well as unidimen- early stages, but initial reliability and validity for
sionality (see Dalbert, 1999; Lipkus, 1991, though his scales are good. Interestingly, Lucas, Zhdanova,
see O’Connor et al., 1996). Cronbach’s alpha is and Alexander (2011) recently crossed procedural
often between .60 and .70 for the Dalbert scale vs. distributive BJW with BJW for self vs. others
(e.g., Dalbert, 1999; Dalbert & Yamauchi, 1994; (the latter distinction is described next) to yield
Loo, 2002b), and above .80 for the Lipkus scale four domains of BJW, each of which might have
(e.g., Hafer, 2000; Lipkus, 1991; O’Connor et al., different consequences.
1996). Also, items for both scales are keyed in the
just-world direction, thus avoiding problems asso- BJW for self vs. people generally: A more long-
ciated with some items indicating an unjust world. standing approach to assessing BJW in different
Scores on both the Dalbert and Lipkus scales cor- domains is to distinguish a belief that one’s own
relate with criteria based on past research with the world is just from a belief that the world is just
Just World Scale and on theorizing about the func- for people generally. According to justice motive
tions of BJW (e.g., Lipkus, 1991; Montada, 1998). theory, the ultimate reason to believe that the
Overall, the psychometric properties of both newer world is just for people generally is that, if the
scales exceed those of the Rubin and Peplau world is “just for others,” it is also likely “just for
measure. me.” Thus, the two domains of BJW, though sep-
Although the Just World Scale remains the arable, should be related. In addition, given the
most widely used measure of individual differ- more important goal of perceiving one’s own
148 C.L. Hafer and R. Sutton

world to be just, a personal BJW should be stronger and seek vengeance against those who have
than a more general BJW. transgressed against the self, whereas BJW-self is
The distinction between personal and general positively associated with forgiveness (Lucas
has been operationalized in two ways. Lipkus, et al., 2011; Strelan & Sutton, 2011). Alternatively,
Dalbert, and Siegler (1996) distinguished the these findings could be accounted for by the
BJW for the self from the BJW for others. Each relation between BJW-others and antisocial
domain is assessed with eight items. Items for tendencies (e.g., Sutton & Winnard, 2007).
BJW-self and BJW-others differ only in the use
of pronouns (e.g., “I feel that the world treats me Different ways of believing in a just world. Maes
fairly” vs. “I feel that the world treats others (e.g., Maes, 1998b; Maes & Schmitt, 1999) has
fairly”). In parallel, Dalbert (1999) designed the gone beyond general BJW scales by proposing
6-item Personal BJW Scale as a counterpart to different ways of believing in a just world. These
Dalbert’s general BJW scale, noted earlier. The are a belief in ultimate justice—that justice will
personal BJW items are not tightly matched to prevail in the long-run—and a belief in imma-
the general BJW items, as in the Lipkus scales. nent justice—that justice occurs in the present
Research using the Lipkus and Dalbert scales (see Piaget, 1932/1965). Similar to BJW-others,
has produced similar findings (e.g., Bègue & belief in immanent justice is more strongly
Bastounis, 2003; Dalbert, 1999; Lipkus et al., related to negative responses to victims that are
1996; Sutton & Douglas, 2005). Consistent with typically studied in the justice motive literature,
justice motive theory, the personal versions of BJW such as character derogation and blame.
are positively correlated with their more general Conversely, belief in ultimate justice is more
counterparts. Also, personal BJW and BJW-self are related to prosocial responses to victims, such as
typically endorsed more strongly than general BJW positive character evaluations and a willingness to
and BJW-others, respectively; though the relative help. Although few researchers outside of Maes’s
strength of the personal versions of BJW may be group have employed immanent and ultimate
culturally bound (see Wu et al., 2011). BJW scales (though see Bègue, 2002), the notion
Despite the correlation between personal and of different ways of believing in a just world has
general versions of BJW, the two versions have promise for further refining the concept of BJW.
unique correlates. Overall, personal BJW and
BJW-self tend to be associated with the theoreti-
cal “benefits” of BJW—like subjective well- 8.3 Correlates of BJW
being—moreso than general BJW and
BJW-others (e.g., Bègue & Bastounis, 2003; Whereas one research stream has focussed on the
Lipkus et al., 1996; Sutton et al., 2008; Sutton & development of various BJW scales, an often-
Douglas, 2005; Sutton & Winnard, 2007). The related line of research involves the correlates of
more general forms of BJW, especially BJW- BJW. The majority of the correlational studies
others, are associated with traditional “costs” of were conducted in the 1970s and 1980s, during
BJW, including harsh, punitive responses to per- what has been called the construct validation
petrators of injustice and harsh responses to the phase of research on individual differences in
disadvantaged (e.g., Bègue & Bastounis, 2003; BJW (Maes, 1998a). Relevant literature has been
Sutton & Douglas, 2005). These findings suggest reviewed by several authors (e.g., Furnham,
that BJW-others is more closely linked than 2003; Furnham & Procter, 1989; Rubin & Peplau,
BJW-self with defenses typically associated with 1975). In the current chapter, we integrate and
justice motive theory, such as derogation of vic- update these reviews, focusing on the most com-
tims of injustice. A heightened defensiveness monly studied correlates of BJW—reactions to
about injustice might explain why BJW-others is victims and beneficiaries, and ideological
positively associated with the desire to ostracise variables.
8 Belief in a Just World 149

8.3.1 Reactions to Victims and ciations between BJW and either self-blame or
Beneficiaries negative evaluations of the self are less reliable
than in the literature on reactions to others (cf.
Most authors conceptualize BJW not only as a Carels et al., 2009; Dalbert, 1998; Hafer & Correy,
belief that people get what they deserve, but also 1999; Kielcolt-Glaser & Williams, 1987; Rüsch,
as a belief that people deserve what they get. Todd, Bodenhausen, & Corrigan, 2010). Ego-
Thus, individuals with a strong BJW should react defensive motives might reduce the likelihood
to people’s outcomes in ways that reflect a bias that victims will interpret their own outcomes in a
toward seeing those outcomes as deserved. Such way that reflects badly on the self (e.g., through
reactions should occur whether the target is the self-blame; see Hafer & Gosse, 2010). BJW is
self or another person, and whether the target’s more consistently related to perceived fairness of
outcomes are negative, as in the case of “victims,” one’s negative outcomes, though the association
or positive, as in the case of “beneficiaries.” is sometimes moderated by a third variable, such
as ambiguity of the situation (cf. Ball, Trevino, &
The other as victim. A large number of studies Sims, 1993; Choma, Hafer, Crosby, & Foster,
have examined relations between BJW and reac- 2012; Hafer & Correy, 1999; Hafer & Olson,
tions to victimized or disadvantaged others. The 1989; Hagedoorn, Buunk, & Van de Vliert, 2002).
most commonly assessed reactions are attribu- Another common dependent variable is affective
tions about the causes of the misfortune and eval- reactions to one’s negative outcomes (e.g., Hafer
uations of the victim. Research generally shows & Olson, 1989, 1998; Hagedoorn et al., 2002;
that a stronger BJW is related to blaming victims Kielcolt-Glaser & Williams, 1987). Hafer and
for their negative outcomes, as well as to nega- Correy (1999), for example, found that students’
tively evaluating victims (Furnham, 2003; Rubin BJW predicted their emotional reactions to a poor
& Peplau, 1975; for examples of more recent exam grade, mediated by perceived unfairness
work, see Bizer, Hart, & Jekogian, 2012; Ebneter, and attributions.
Latner, & O’Brien, 2011; Keller & Siegrist,
2010; Sakalli-Uğurlu, Yalçın, & Glick, 2007; Beneficiaries. Still less research has examined
Smith, Mao, Perkins, & Ampuero, 2011). Given the relation between BJW and reactions to recipi-
that blame and negative evaluations help to jus- ents of positive outcomes. In general, this
tify victims’ fate as deserved, it is not surprising research shows that a strong BJW is associated
that researchers have also found an association with reactions that presumably rationalize a ben-
between BJW and perceived deservingness or eficiary’s positive fate as deserved. For example,
fairness of victims’ lot (e.g., Appelbaum, Lennon, individuals with a strong BJW associate higher
& Aber, 2006; Dalbert, Fisch, & Montada, 1992; status with positive characteristics more than do
Nudelman & Shiloh, 2011). individuals with a weaker BJW (e.g., Dion &
Several authors note that relations between Dion, 1987; Oldmeadow & Fiske, 2007).
BJW and attributional or evaluative reactions to Similarly, BJW is associated with more positive
victims are small (e.g., Montada, 1998; Rubin & evaluations of powerful others (e.g., Rubin &
Peplau, 1975). Research showing that different Peplau, 1975; Smith, 1985).
measures of BJW predict different responses to We are aware of only one study on BJW and
victims (e.g., BJW-self vs. BJW-others, ultimate reactions to the self as beneficiary. Ellard and
vs. immanent BJW) helps account for the modest Bates (1990, Study 2) assigned participants a
findings. high status role, and an alleged other participant
a low status role. Individuals with a strong, but
The self as victim. Relatively little research has not those with a weak, BJW rated their own
been devoted to BJW and reactions to one’s own character traits more positively compared to the
victimized or disadvantaged state. Overall, asso- other’s traits.
150 C.L. Hafer and R. Sutton

8.3.2 Ideological Variables internal locus of control is consistent with justice


motive theory. Lerner (1977) argues that BJW
Researchers have also frequently examined the helps people invest in long-term goals, presum-
relation between BJW and socio-political ideol- ably by providing confidence that their current
ogy, especially conservative ideology and religi- efforts will eventually pay off as deserved. Thus,
osity (Furnham, 2003; Furnham & Procter, 1989; BJW should increase the sense that one can influ-
Rubin & Peplau, 1975). BJW should correlate ence one’s outcomes, as is characteristic of indi-
positively with these variables given that they viduals with a strong internal locus of control.
share the following content: adulation of high As noted by Dittmar and Dickinson (1993),
status and denigration of low status others; a the ideological correlates of BJW are themselves
focus on order, control, and support for the status intercorrelated, and high scores on these vari-
quo; and a belief in ultimate justice. ables are characteristic of right-wing ideology.
Most reviews of BJW mention associations Yet, BJW is conceptually and empirically dis-
between BJW and conservative ideology. More tinct from its socio-political correlates.
recent studies report similar relations, whether Conceptually, many theories of conservative
conservative ideology is assessed via authoritari- ideology claim that such belief-systems origi-
anism (e.g., Christopher, Zabel, Jones, & Marek, nate in personalities or social climates that pro-
2008; Henderson-King, Henderson-King, Bolea, mote feelings of threat and uncertainty (e.g.,
Koches, & Kauffman, 2004; Reser & Muncer, Duckitt, 2001; Jost, 2009). In contrast, proposed
2004), self-identification as liberal-conservative sources of BJW include an intrapsychic need
(e.g., Christopher et al., 2008; Parikh, Post, & related to investment in long-term goals, experi-
Flowers, 2011; but see Choma et al., 2012), or ence with injustice, and social learning (see sec-
endorsement of traditionally conservative policy tion on bases of BJW). Empirically, a distinction
opinions and social attitudes (e.g., Bastounis is suggested by factor analyses (e.g., Lerner,
et al., 2004; Bègue & Bastounis, 2003; 1978) and by the many studies in which BJW
Lodewijkx, Kersten, & van Zomeren, 2008). accounts for unique variance in relevant criteria,
Religiosity is also a relatively consistent cor- over and above ideological correlates (e.g.,
relate of BJW, though there is evidence that the Appelbaum, 2002; Bègue & Bastounis, 2003,
expected positive correlation does not occur for Study 5; Henderson-King et al., 2004; Martin &
all religious groups (Furnham, 2003; Furnham & Cohn, 2004; Ng & Allen, 2005). In addition,
Procter, 1989; Rubin & Peplau, 1975). A more BJW might act as a mediator between ideologi-
consistent quasi-religious correlate of BJW is cal variables and criterion variables. For exam-
endorsement of the Protestant Work Ethic ple, Schlenker, Chambers, and Le (2012, Study
(Furnham & Procter, 1989; Rubin & Peplau, 1) found that the relation between political con-
1975). Recent authors (Christopher et al., 2008; servatism and psychological adjustment was
Ghorpade, Lackritz, & Singh, 2006) argue that mediated by BJW and related perceptions of
BJW is more strongly associated with specific fairness.
facets of Protestant Work Ethic beliefs, such as
the (nonreligious) belief that hard work leads to
good outcomes. 8.3.3 Other Correlates of BJW
Many researchers have measured locus of
control along with socio-political ideology and A few other noteworthy correlates add to the
BJW. Greater internal locus of control and simi- discriminant validity of BJW. Small correla-
lar constructs (e.g., mastery) are related to a tions between BJW and sensitivity to injustice,
stronger BJW (Bastounis et al., 2004; Choma as measured by Schmitt and colleagues’ justice
et al., 2012; Christopher et al., 2008; Furnham & sensitivity scales (Schmitt, Gollwitzer, Maes, &
Procter, 1989; Ghorpade et al., 2006; Rubin & Arbach, 2005), indicate that these constructs are
Peplau, 1975). A correlation between BJW and not equivalent. Similarly, BJW does not seem to
8 Belief in a Just World 151

be equivalent to a preference for the equity or Dalbert, 1999) conceptualized BJW as a “positive
merit principle of distributive justice (Davey, illusion”—in other words, a belief that is psycho-
Bobocel, Son Hing, & Zanna, 1999; Montada, logically beneficial, yet unwarranted by facts and
1998), although BJW is construed as a belief logic (Taylor & Brown, 1988). Inspired by this
that the world works according to rules for conceptualization, researchers have gathered a
deservingness (which is often equated with large body of evidence suggesting that BJW is
equity or merit). associated with good psychological adjustment
Finally, BJW shows small correlations with (Dalbert, 2009; Furnham, 2003). As noted earlier,
some personality traits (Nudelman, 2013), such personal BJW appears to be more strongly associ-
as an inverse correlation with the Big Five factor ated with psychological well-being than general
of Neuroticism. Yet, multiple regression analyses forms of BJW (Dalbert, 2009). Furthermore, the
show that BJW predicts criteria over and above relation between personal forms of BJW and well-
personality (e.g., Dette, Stöber, & Dalbert, 2004; being appears both in Western (e.g., Correia &
Keller & Siegrist, 2010; Lipkus et al., 1996). Dalbert, 2007; Sutton & Winnard, 2007) and col-
Thus, BJW explains human psychological varia- lectivistic cultures (e.g., Fatima & Suhail, 2010;
tion that is not accounted for by broad dimen- Kamble & Dalbert, 2012; Xie, Liu, & Gan, 2011).
sions of personality. However, for individuals living under very adverse
circumstances, general forms of BJW may provide
more effective solace than personal forms (e.g.,
8.4 The Significance of BJW Dalbert, 1998; McParland & Knussen, 2010; Wu
in People’s Lives et al., 2011; but see Xie et al., 2011).

The literature reviewed so far has advanced the Physical health. A few studies suggest that at
measurement, validation, and refinement of the least certain forms of BJW are associated with
construct of BJW. Other studies address (directly physical health (e.g., Agrawal & Dalal, 1993;
or indirectly) the significance of BJW in people’s Lucas, Alexander, Firestone, & LeBreton, 2008).
lives. Much of this work has been conducted There are several potential mechanisms underly-
post-1990 and continues to be an important ing a BJW-health relation. For example, perhaps
theme in BJW research. We organize the relevant a strong BJW contributes to physical health
research around three key questions: Is BJW because it is associated with adaptive appraisals
adaptive for the self?, is BJW adaptive for soci- of stressors, which lower damaging physiologi-
ety?, and what are the bases of BJW? cal responses to stress (see Tomaka & Blascovich,
1994). BJW might also benefit physical health
because it equips people to pursue long-term
8.4.1 Is BJW Adaptive for the Self? rewards: Thus, BJW could help people to adopt
healthy behaviors and to refrain from behaviors
Psychological well-being. According to justice that damage their physical health in the long run
motive theory, BJW affords psychological bene- (see Lucas et al., 2008). Alternatively, people
fits by providing people with a sense that their with a strong BJW might accept that certain dis-
lives are meaningful, predictable, and controlla- eases are preventable (see Lucas, Alexander,
ble (see Dalbert, 2001; Lerner, 1980). BJW Firestone, & LeBreton, 2009), which would con-
should thus protect people from negative affect ceivably lead to appropriate action to prevent
associated with worries about the future and also such diseases.
buffer them from the adverse psychological con- Studies on BJW and risk suggest that BJW
sequences of negative and undeserved outcomes could, for certain people, lead to more unhealthy
in their past and present. behaviors. Lambert, Burroughs, and Nguyen
The systematic examination of BJW and well- (1999) found that, among individuals who are
being started in the 1990s, when Dalbert (e.g., particularly vulnerable to perceived threat, a
152 C.L. Hafer and R. Sutton

strong BJW predicted lower perceived risk of projects, and societies surely function better
becoming a victim of negative events, including when they are populated by happier, more pro-
disease (e.g., AIDS). By protecting against fear ductive people. Yet, BJW is associated with harsh
of future illness, BJW could in turn lead to more attitudes to victims, which can be expected to
risky health behaviors (see Hafer, Bogaert, & lead to adverse social outcomes such as height-
McMullen, 2001). ened disadvantage and inequality.

Investment in long-term goals and trust. Pro and antisocial behavior. Another way that
According to Lerner (1977), BJW is adaptive in BJW may affect societal-level outcomes is via its
part because it encourages investment in long- association with pro and antisocial behavior.
term goals. From an individual difference per- Because BJW entails that prosocial and antiso-
spective, individuals who develop a strong BJW cial acts will receive the rewards or punishments
believe they will be treated fairly and should feel they deserve, BJW should be negatively associ-
confident that, as long as they invest the resources ated with antisocial behavior and positively asso-
deemed necessary to reach long-term goals, they ciated with prosocial behavior.
will be rewarded accordingly (Dalbert, 2001; With regard to antisocial behavior, Hafer
Hafer, 2000). Indeed, researchers have found a (2000) found negative correlations between BJW
positive relation between BJW and perceived and the tendency to employ antisocial means to
likelihood of achieving one’s goals (e.g., Dette obtain goals (but see Cohn & Modecki, 2007).
et al., 2004; Otto & Dalbert, 2005; Sutton & Studies also show that BJW is inversely related
Winnard, 2007). The benefits of BJW for long- to positive attitudes toward bullying, as well as
term goal pursuit might not apply universally, bullying behavior (e.g., Correia & Dalbert, 2008;
however. Findings from Laurin, Fitzsimons, and Donat, Umlauft, Dalbert, & Kamble, 2012; Fox,
Kay (2011) suggest that BJW encourages invest- Elder, Gater, & Johnson, 2010; but see Almeida,
ment in long-term goals for members of disad- Correia, & Marinho, 2010).
vantaged groups, but not advantaged groups. On the downside, BJW may support “antiso-
If BJW imbues confidence that one will be cial” behaviors if those behaviors are construed
treated fairly, it is perhaps unsurprising that BJW as just punishment for moral violations perpe-
is associated with indices of trust, including trated by others. General BJW appears to be
interpersonal and institutional trust (e.g., Bègue, especially important in this regard, predicting
2002; Correia & Vala, 2004, Study 3; Lipkus, support for vengeance against the perpetrators of
1991). The high trust among just-world believers terrorist attacks (Kaiser, Vick, & Major, 2004). In
can have additional benefits. For example, Lipkus addition, studies have shown general BJW to be
and Bissonnette (1996) found that BJW predicted positively associated with self-reported venge-
trust in intimate partners, which in turn was asso- fulness against people who have wronged the
ciated with partners’ willingness to accommodate self, whereas personal BJW is positively associ-
to each others’ needs, and so to relationship ated with forgiveness (Lucas et al., 2011; Strelan
satisfaction. & Sutton, 2011). The associations with general
BJW are consistent with the previously noted
relation between general forms of BJW and
8.4.2 Is BJW Adaptive for Society? harsh, punitive responses to offenders.
As well as antisocial behavior, BJW appears
The implications of BJW for societal-level out- to be relevant to prosocial behavior. For example,
comes are more ambivalent than they are for self- studies show a positive association between BJW
relevant outcomes. As noted in the previous and donation to charity (Furnham, 1995; Kogut
section, BJW is associated with trust, which is a & Ritov, 2011), helping strangers (Bierhoff,
boon to social cooperation. BJW is also linked to Klein, & Kramp, 1991; Zuckerman, 1975), buy-
psychological health and pursuit of long-term ing ethical products (White, MacDonnell,
8 Belief in a Just World 153

& Ellard, 2012), and voluntarily sharing with action is viewed as efficacious (see also Miller,
others in economic games (Dalbert & Umlauft, 1977). These findings are consistent with the
2009). As noted in the section on scale develop- justice motive theory claim that people will
ment, measures of belief in ultimate justice, as attempt to maintain a threatened BJW through
opposed to immanent justice, are more strongly prosocial action (rather than rationalization)
related to prosocial responses to victims, even primarily when action is a viable option.
after controlling for immanent justice.
Interestingly, Montada and Schneider (1989)
found evidence that BJW might be positively 8.4.3 What are the Bases of BJW?
(rather than negatively) related to prosocial
behavior once cognitive rationalizations related An examination of the significance of BJW in
to BJW are statistically accounted for. people’s lives would be incomplete without
discussion of the developmental foundations of
Maintenance of the status quo. On balance, the BJW. Researchers have suggested several bases
literature on BJW and pro and antisocial behavior of BJW. First, BJW is often assumed to reflect
suggests that BJW is adaptive for society. A dif- individual differences in the need to believe in a
ferent perspective (e.g., Jost & Hunyady, 2005; just world that is described in justice motive the-
Olson & Hafer, 2001; Sidanius & Pratto, 1999) ory (cf. Dalbert, 2009). According to the theory, a
views BJW as maladaptive because it legitimizes motive or need to believe in a just world develops
existing societal systems, even systems that work as children learn to forgo immediate gratification
against the best interests of the perceiver (e.g., and instead pursue long-term goals. Interestingly,
Jost & Banaji, 1994). There is empirical evidence placing the roots of BJW in this need to believe in
that BJW is related to perceived fairness or legiti- a just world is at odds with a central precept of
macy of societal systems (e.g., Bastounis et al., justice motive theory—that the need to believe in
2004; Martin & Cohn, 2004; Ng & Allen, 2005; a just world is an intrinsic part of normal human
Rubin & Peplau, 1975; Smith, 1985). BJW likely development and is, therefore, near-universal
leads to perceived legitimacy because it biases (Lerner, 1980). Thus, the theory posits that virtu-
one to view systems as fair or deserved, often ally all people should be motivated to believe that
through the kinds of evaluations and attributions the world is just, and variability in the intensity of
described under “Reactions to Victims and this motive results from situational (rather than
Beneficiaries” (see Hafer & Choma, 2009). dispositional) pressures, such as exposure to
One implication of this relation between BJW events that threaten the notion of a just world.
and the perceived fairness and legitimacy of Evidence that BJW arises from the need to
broad systems is that people with a strong BJW believe in a just world is sparse. For example,
perceive less discrimination (e.g., Birt & Dion, according to this perspective, BJW is “irratio-
1987; Choma et al., 2012; Lipkus & Siegler, nal,” resulting less from a rational assessment of
1993). Another implication is that BJW predicts reality and more from an intrapsychic need.
less willingness to take action aimed at changing However, research does not tend to support this
the status quo, because change is presumably view. First, researchers have found nonsignifi-
viewed as unnecessary (e.g., Beierlein, Werner, cant relations between measures of irrational/
Preiser, & Wermuth, 2011; Hafer & Olson, 1993; rational thinking and BJW (Shorkey, 1980;
Parikh et al., 2011; Rubin & Peplau, 1973; but Stowers & Durm, 1998; Thalbourne, 1995).
see Lodewijkx et al., 2008). The BJW-action Second, there is evidence of reality constraints on
relation is moderated by the perceived efficacy of BJW. Those who can be expected to have experi-
behaviors aimed at change (e.g., Beierlein et al., ence with injustice in the world have a lower
2011; Mohiyeddini & Montada, 1998). For BJW, though results are admittedly mixed
example, White et al.’s (2012) research suggests (Schmitt, 1998). Also, there is evidence that dif-
that BJW predicts greater social action when the ferences between individuals’ endorsement of
154 C.L. Hafer and R. Sutton

personal vs. general BJW are largely reality-based attempting to convey a positive image to others
(Sutton et al., 2008; Sutton & Winnard, 2007; Wu (e.g., Alves & Correia, 2008) and judge others
et al., 2013). Note that, if the primary source of more favorably when they affirm, vs. deny, a
BJW is not the motivation to believe in a just BJW (Alves & Correia, 2008, 2010a; see also
world described in justice motive theory, it is not Testé, Maisonneuve, Assilaméhou, & Perrin,
surprising that individual differences in BJW 2012). Thus, BJW may be transmitted and main-
rarely moderate experimental effects taken as tained by communication processes because of
demonstrations of a need to believe in a just the social purposes that it serves.
world (see Hafer & Bègue, 2005). More generally, societal-level factors may
If BJW is not entirely irrational, it might be important determinants of BJW. Allen, Ng,
partly be based on an individual’s or group’s and Leiser (2005) found that BJW was stron-
experience with injustice. As noted above, the ger among modernized and growing econo-
evidence for a relation between experience and mies, and somewhat lower in countries that
BJW is mixed. Many studies investigate BJW were high in social capital (e.g., social ties and
scores as a function of membership in relatively cohesion). Furnham (1993) observed differ-
disadvantaged vs. advantaged groups (e.g., ences in BJW across 12 countries. These dif-
Calhoun & Cann, 1994; Hunt, 2000; O’Connor, ferences were associated with variations in
Morrison, McLeod, & Anderson, 1996): Yet, the power-distance norms, which are shared
theoretical meaning of these demographic differ- beliefs that reify social hierarchy. This finding
ences is unclear, given that demographic groups provides evidence of a social determinant and
differ on many other characteristics (e.g., educa- a social function of BJW—the need to justify
tion, religiosity, culture) aside from experience social inequality.
with injustice. Research using direct measures of
people’s experience as a victim of injustice bet-
ter supports an experience basis for BJW (e.g., 8.5 Summary and Future
Adoric & Kvartuc, 2007; Fasel & Spini, 2010; Directions
Fischer & Holz, 2010; Steensma & van Dijke,
2005–06). Most of these direct-measure studies, The study of individual differences in BJW has
however, are cross-sectional surveys; thus, the continued to thrive since Rubin and Peplau,
causal direction of associations is speculative. inspired by Lerner’s (1977) justice motive theory,
Notably, people who experience injustice by vir- developed the Just World Scale in 1973. Early
tue of belonging to a group that perpetuates critiques of the scale have spawned a number of
injustice can also show heightened BJW, per- alternative instruments that are increasingly pop-
haps reflecting an effort to justify their unfair ular. The recent trend is toward multiple scales
advantage (see Furnham, 1985). assessing different forms of BJW. Personal vs.
Several authors have proposed social learning general forms of BJW is clearly one fundamental
origins of BJW. From this perspective, BJW is distinction. Other, less-researched distinctions
encouraged through such processes as ideologi- also show promise. Given the popularity of dual
cal teachings (e.g., Dittmar & Dickinson, 1993), process theories in psychology (Gawronski &
popular culture (e.g., Gunter & Wober, 1983), Creighton, 2013), we expect that a division
and parental influence (e.g., Schönpflug & Bilz, between implicit vs. explicit BJW (cf. Dalbert,
2004). Again, evidence is based on cross- 2001) will add to the roster in the future. Though
sectional survey studies, making causal infer- newer measures have helped refine the concept
ences impossible. Alves and Correia (2008, of BJW, attempts to assess different forms of
2010a, 2010b) suggested that BJW is valued for BJW have tended to occur in isolation of one
its social function in enhancing productivity and another. Researchers should now begin to inte-
maintaining order and cohesion. Indeed, people grate the forms of BJW into a coherent theoreti-
tend to affirm a BJW more strongly when cal framework.
8 Belief in a Just World 155

The overall concept of BJW has been well and injustice, social learning, and so on. Relevant
validated by studies of correlates. First, BJW future research should include longitudinal
shows logical associations with presumed conse- designs that address developmental processes, as
quences of BJW, though research has focussed on well as tests of multiple pathways to individual
reactions to victims, neglecting implications of differences in BJW.
BJW for reactions to advantaged members of In summary, there have been several major
society. Second, BJW is conceptually and empiri- advances in research on BJW over the past 40
cally distinct from related individual differences. years. Yet, more work is needed. Given the current
More research, however, should explore reasons momentum in the field of BJW, we expect that
for differential prediction by various forms of the next decade will be an exciting time in which
BJW. Such research will encourage theoretical researchers will considerably deepen our under-
integration of different forms of BJW. standing of the nature, foundations, and conse-
Research on the significance of BJW in peo- quences of BJW.
ple’s lives suggests that, overall, BJW benefits
the self. Investigation of physical health benefits
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Justice Sensitivity
9
Anna Baumert and Manfred Schmitt

Justice is a fundamental value in human life. At the left large proportions of variance in justice-
levels of both society and the individual, the argu- related reactions unexplained (Major & Deaux,
ment has been made that a prosperous social life 1982; Schmitt, 1996). For this reason, researchers
is not possible without justice as a standard for have been increasingly interested in systematic
guiding the allocation of goods and burdens, individual differences in the endorsement of
interpersonal behavior, as well as the implemen- justice. On the one hand, broad personality dis-
tation of procedures; the sanctioning of viola- positions, such as agreeableness or honesty/
tions of justice standards are also considered humility, have been tested as predictors of justice-
necessary (Montada, 2007). In psychology, related emotions and behavior (Colquitt, Scott,
sociology, and economy, justice has been identi- Judge, & Shaw, 2006; Van Hiel, de Cremer, &
fied as a human motive that cannot be reduced to Stouten, 2008). On the other hand, specific
a means for egoistic striving alone (e.g., Lerner, justice-related dispositions have been proposed,
2003; Miller & Ratner, 1996; Montada, 1998). for example, attitudes toward the distributive
Influential theories such as relative deprivation principles of equality, equity, and need (e.g.,
theory (Crosby, 1976; Stouffer, Suchman, Sabbagh, Dar, & Resh, 1994). Some of these
DeVinney, Star, & Williams, 1949; Walker & dispositions are aimed at capturing the degree to
Smith, 2002), equity theory (Adams, 1965; which an individual is concerned with justice,
Walster, Walster, & Berscheid, 1978), and justice how strongly an individual endorses justice as a
motive theory (Hafer & Bègue, 2005; Lerner, fundamental value, or in other words, the
1977, 1980) have been proposed to explain why strength of an individual’s justice motive.
and under which conditions a concern for justice Drawing on general equity theory, Huseman,
shapes people’s emotions and behavior. However, Hatfield, and Miles (1987) proposed individual
an exclusive focus on situational determinants differences in equity sensitivity that capture the
degree to which one tolerates a disproportionality
of inputs and outcomes to one’s own disadvan-
tage (benevolent) or to one’s own advantage
A. Baumert (*)
University of Koblenz-Landau, Landau, Germany (entitled). Despite its importance for triggering
research on justice-related individual differ-
University of Western Australia, Perth, WA, Australia
e-mail: baumert@uni-landau.de ences, the concept of equity sensitivity is limited
in at least three ways. First, the concept con-
M. Schmitt
University of Koblenz-Landau, Landau, Germany founds an individual’s sensitivity to injustice
e-mail: schmittm@uni-landau.de and equity as one of several distributive principles

© Springer Science+Business Media New York 2016 161


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_9
162 A. Baumert and M. Schmitt

that people rely on when making justice judg- necessarily adhere to justice as a moral standard
ments. Second, equity theory and, consequently, that guides their own actions.
equity sensitivity are confined to the domain of In the present chapter, we will review research
distributive justice, neglecting individual differ- on justice sensitivity as a further specifically
ences in sensitivity to procedural or retributive justice-related disposition that was proposed as
unfairness. Third, the benevolent and entitled an indicator of an individual’s concern for justice
types capture reactions to one’s own unfair dis- (Baumert, Rothmund, Thomas, Gollwitzer, &
advantages and advantages, but the concept of Schmitt, 2013). Unlike the belief in a just world,
equity sensitivity remains mute with regard to this personality disposition directly captures sta-
perceptions and reactions of uninvolved observ- ble and consistent differences in individuals’
ers of injustice and of perpetrators who actively readiness to perceive injustice and in the strength
violate justice standards. of their cognitive, emotional, and behavioral
Most prominently, the belief in a just world reactions to injustice. We will present our review
was proposed as an indicator of individual differ- of the construct and the research it has sparked in
ences in the justice motive (Rubin & Peplau, six sections that build upon each other.
1973; see Hafer & Sutton, 2016, Chap. 8 of this First, we will introduce the theoretical compo-
handbook). According to justice motive theory nents of justice sensitivity and the differentiation
(Lerner, 1977, 1980), people are motivated to of the concept according to the perspectives of a
believe that people generally get what they victim, observer, beneficiary, and perpetrator, all
deserve and deserve what they get. From an indi- of which can be adopted toward an injustice. In
vidual difference perspective, people endorse this context, approaches for the assessment of
this belief to the degree that they have a need for justice sensitivity will be presented.
justice. As discussed in the Chap. 8 of this hand- Second, we will review the correlational evi-
book, there is compelling evidence that the belief dence. These results establish the justice sensitiv-
in a just world is an important predictor of jus- ity perspectives as novel personality dimensions
tice-related reactions (Furnham & Procter, 1989; that are sufficiently independent from personality
Ross & Miller, 2002). However, it has to be noted factors and facets, cognitive abilities, as well
that the need for justice, as captured by the belief as other specifically justice-related dispositions.
in a just world, is assumed to be rooted in the In addition, the correlational patterns are infor-
need for order in the world because only a just mative with regard to the psychological meaning
world allows for goal-directed striving and the of the justice sensitivity perspectives and clearly
development of the ability to delay gratification indicate their distinctness.
(Lerner, 1980). People with a strong need for jus- Third, we will turn to the emotional and
tice are motivated to protect their belief in a just behavioral consequences of justice sensitivity as
world. When confronted with injustice and when revealed in studies in the laboratory and in the
lacking easily accessible options by which to field. We will review results on how the justice
actively restore justice, they have been found to sensitivity perspectives shape reactions to per-
engage disproportionately in cognitive distor- ceived injustice, people’s own adherence to jus-
tions such as biased recall (Callan, Kay, tice standards, and more distal health outcomes.
Davidenko, & Ellard, 2009; see Ellard, Harvey, Fourth, considerable effort has been under-
& Callan, 2016, Chap. 7 of this handbook) and taken to understand the psychological processes
the devaluation of innocent victims (e.g., Lerner that translate the justice sensitivity perspectives
& Simmons, 1966). These findings suggest that, into emotional and behavioral reactions. Here,
when confronted with injustice, people with a we will provide an overview of the Sensitivity to
strong belief in a just world do not necessarily Mean Intentions (SeMI) model proposed specifi-
react with strong negative emotions and an incli- cally for victim sensitivity and the research find-
nation to act in order to restore justice. Moreover, ings that support and refine its process
people with a strong belief in a just world do not assumptions. Subsequently, similarities and
9 Justice Sensitivity 163

distinctions regarding the cognitive processes own undeserved disadvantages (Mikula, 1986).
involved in victim, observer, beneficiary, and Therefore, Schmitt et al. (1995; Schmitt, 1996)
perpetrator sensitivity will be discussed, empirical assessed the intensity of anger reactions to expe-
evidence will be summarized, and open research riences of injustice from a victim’s perspective.
questions will be highlighted. To complete this Third, the duration of cognitive preoccupation
section, the first studies revealing neuropsycho- with incidents of injustice was proposed as a com-
logical processes involved in justice sensitivity ponent. Personally important and emotionally
will be reviewed. arousing incidents tend to preoccupy people’s
Fifth, we will raise the question of how justice minds (Rimé, Philippot, Boca, & Mesquita,
sensitivity changes across the life span. The few 1992). Thus, justice-sensitive people should rumi-
existing studies on differences between age nate longer and more intensively about experi-
groups and on longitudinal trends in adolescence enced injustice than less justice-sensitive people.
and adulthood will be discussed. Moreover, a Accordingly, Schmitt et al. (1995; Schmitt, 1996)
social-cognitive developmental mechanism of assessed the intrusiveness of thoughts about an
rank-order change will be proposed. injustice as a cognitive reaction.
In conclusion, we will stress the importance of Fourth, as a motivational component, the
justice sensitivity for a more complete understand- inclination to restore justice and undo injustice
ing of justice-related emotion and behavior, and we should constitute a component of justice sensitiv-
will highlight open questions as well as future ity. As retaliatory and retributive acts are typical
research directions that promise to substantially ways of achieving these goals, Schmitt et al.
advance our insights into social justice phenomena. (1995; Schmitt 1996) assessed punitivity toward
a transgressor.
Schmitt et al. (1995; Schmitt, 1996) tested the
9.1 Theoretical Components, factor structure of self-report scales for each
Perspectives, component. They revealed substantial conver-
and Measurement gence of the proposed components with the
strongest convergence between emotional and
Components. Initially focusing on the measure- ruminative reactions. In an attempt to increase
ment of justice sensitivity from a victim’s per- the efficiency of assessment, Schmitt, Gollwitzer,
spective, Schmitt, Neumann, and Montada (1995) Maes, and Arbach (2005) developed a 10-item
and Schmitt (1996) suggested that the construct scale and dropped the frequency of experienced
was comprised of four components. First, as a injustice and punitivity as indicators of justice
perceptual component, justice sensitivity is sensitivity. Nevertheless, perceptual and motiva-
assumed to involve the activation threshold and tional processes are still assumed to be core ele-
activation potential of concepts related to injus- ments of the construct. Recently, Thomas,
tice. Accordingly, justice-sensitive people’s infor- Baumert, and Schmitt (2013) took the first steps
mation processing should be guided in a way that toward complementing Schmitt et al.’s (2005)
raises their probability of experiencing injustice scales by adding items that more directly capture
compared with less justice-sensitive people. On a person’s perceptual readiness for injustice (e.g.,
the basis of this argument, Schmitt et al. (1995; “I notice very quickly if I am unfairly treated.”).
Schmitt, 1996) employed the self-reported fre- Also, researchers recently developed ultra-short
quency of injustice to measure justice sensitivity. two-item scales that include only the strength of
Second, affective reactivity toward perceived emotional reactions to injustice for the assess-
injustice is assumed to be at the core of justice ment of justice sensitivity (Baumert, Beierlein
sensitivity. Emotional reactions to injustice et al., 2014). Despite the reduced content validity
should be stronger the more justice is endorsed as of this instrument, several studies have revealed
a fundamental value. Research has revealed that promising results with regard to its construct and
anger is a typical qualitative response to one’s criterion validity (Back et al., 2013; Baumert,
164 A. Baumert and M. Schmitt

Beierlein et al., 2014; Rothmund, Baumert, & to fewer dimensions without a significant loss
Zinkernagel, 2014; Stavrova, Schlösser, & of information.
Baumert, 2014). The pattern of correlations between the four
scales is consistent with theoretical similarities
Four perspectives on injustice. Reactions to between the justice sensitivity perspectives
injustice have been found to be qualitatively and (Schmitt et al., 2010). All scales were found to
quantitatively different depending on the per- be positively correlated, assumedly reflecting a
spective that a person takes (Mikula, 1994; general concern for justice. Beneficiary and per-
Mikula, Petri, & Tanzer, 1990). Perceiving that petrator sensitivity were found to be the most
one has been a victim of injustice typically trig- highly correlated in agreement with the shared
gers anger as the immediate emotional response, psychological constituents of these roles, namely,
observing injustice as a bystander may lead to “(a) benefiting from an unfair advantage, (b) guilt
moral outrage, and assuming the role of a pas- as the respective moral emotion (Mikula,
sive beneficiary or an active perpetrator of injus- Scherer, & Athenstaedt, 1998; Montada, Schmitt,
tice can lead to feelings of guilt and shame (e.g., & Dalbert, 1986), (c) a tendency toward self-
Weiss, Suckow, & Cropanzano, 1999). To punishment in reaction to the unfair advantage
account for these qualitatively different perspec- (Nelissen & Zeelenberg, 2009), and (d) a desire
tives, justice sensitivity has been differentiated to compensate the victim(s) of the unfairness
into victim, observer, beneficiary, and perpetra- (Montada & Schneider, 1989; Tobey-Klass,
tor sensitivity (Schmitt et al., 2005; Schmitt, 1978)” (Schmitt et al., 2010, p. 216). Observer
Baumert, Gollwitzer, & Maes, 2010). As reported sensitivity has only two elements in common
above, 10-item and two-item scales have been with beneficiary and perpetrator sensitivity (ben-
developed to measure these sensitivities. The eficiary/perpetrator punishment and victim com-
scales employ items that are parallel in wording pensation). Accordingly, correlations between
but vary in the role one assumes in an incident of these perspectives were found to be lower. The
injustice as well as in the emotional response smallest correlations were found for victim sensi-
referred to. Please see Table 9.1 for example tivity and beneficiary and perpetrator sensitivity.
items for each justice sensitivity perspective. This result is consistent with expectations
Several studies have confirmed the assumed because of a negative interdependence of the out-
four-factor structure of these scales (Baumert, comes of victims on the one hand and beneficia-
Beierlein et al., 2014, Schmitt et al., 2005, ries or perpetrators on the other hand. For victim
2010). Despite considerable correlations and observer sensitivity, slightly higher correla-
between the sensitivities, they cannot be reduced tions had been theoretically expected because an

Table 9.1 Example item for each justice sensitivity perspective and correlations between scales as reported by Schmitt
et al. (2010)/Baumert, Beierlein et al. (2014)
Example items Observer Beneficiary Perpetrator
Victim It makes me angry when .52/.45 .33/.26 .32/.22
others are undeservingly
better off than me
Observer I get upset when someone .70/.46 .62/.45
is undeservingly worse off
than others
Beneficiary I feel guilty when I am .77/.72
better off than others for
no reason
Perpetrator I feel guilty when I enrich
myself at the cost of others
9 Justice Sensitivity 165

unaffected bystander can take the perspective of ligence (assessed with a 34-item multiple-choice
the victim and hence experience similar but less vocabulary test; Lehrl, Merz, Burkard, &
intense emotional reactions. In addition, anger Fischer, 1991). Small to moderate correlations
and moral outrage, as the typical emotional reac- were found with fluid intelligence as measured
tions of victims and bystanders, have been dis- by 15 Raven matrices (victim sensitivity: r = .15, ns;
cussed as being highly psychologically similar observer sensitivity: r = .25, p < .05; beneficiary
(e.g., Batson et al., 2007). Again, the empirical sensitivity: r = .21, p < .05; perpetrator sensitivity:
findings were consistent with expectations r = .21, p < .05).
(Schmitt et al., 2010). Moreover, the justice sensitivity perspectives
Besides evidence for the validity of the factor have been shown to be largely independent from
structure of the scales used to assess justice sen- other justice-related dispositions. For example,
sitivity, further studies have provided extensive small correlations were reported for justice sensi-
evidence for the specificity of the four justice tivity and the general belief in a just world and
sensitivity perspectives with regard to correlates moderate correlations for justice sensitivity and
as well as to emotional and behavioral conse- belief in an unjust world (Schmitt et al., 2005). In
quences. In the paragraphs that follow, we will a German student sample (N = 455; Baumert,
review these findings. unpublished data), small correlations were found
with the personal belief in a just world (victim
sensitivity: r = −.10, p < .05; observer sensitivity:
9.2 Locating Justice Sensitivity r = −.06, ns; beneficiary sensitivity: r = −.002, ns;
in the Nomological Network perpetrator sensitivity: r = .15, p < .01).
of Personality Small correlations were also reported for
justice sensitivity and attitudes toward principles
Personality, cognitive abilities, and justice-related of distributive justice (Schmitt, Maes, & Schmal,
dispositions. A new construct can be established in 1997). Specifically, in a representative sample of
psychological theory, research, and practice only the German population, victim sensitivity was
if it is nonredundant with existing constructs. uncorrelated with attitudes toward equity, equal-
Here, we will review correlational evidence ity, and need (−.05 < r < .09); and observer and
regarding personality factors and facets, cognitive beneficiary sensitivity were uncorrelated with the
abilities, and more specifically, justice-related dis- attitude toward equity (−.06 < r < .00) and moder-
positions. Furthermore, we will discuss correla- ately positively correlated with the attitude
tional evidence that sheds light on the psychological toward equality and need as distributive princi-
distinctions between the different justice sensitiv- ples (.12 < r < .26; Schmitt et al., 1997; see
ity perspectives. Faccenda & Pantaléon, 2011, for similar findings
Highlighting the usefulness of the justice sen- in an interview study). These results are particu-
sitivity construct, empirical results have shown larly interesting because they suggest that justice
that the justice sensitivity perspectives cannot be sensitivity does not involve a specific interpreta-
reduced to general Big 5 personality factors tion of what constitutes an injustice. Rather,
(Schmitt et al., 2005) or to a combination of Big justice-sensitive people react strongly to subjec-
5 personality facets (Schmitt et al., 2010). tive injustice, independent of the justice principle
Regarding cognitive abilities, there is prelimi- they see as being violated in a specific situation.
nary evidence (N = 87; Baumert, unpublished
data) that the justice sensitivity perspectives are Psychological distinctions of the justice sensitiv-
not correlated with working memory capacity ity perspectives. Correlations with measures of
(assessed with a 16-item computation span task; other trait variables have shed light on the
Oberauer, Süß, Schulze, Wilhelm, & Wittmann, psychological meaning and functioning of the
2000; also see Hofmann, Gschwendner, Wiers, different justice sensitivity perspectives. Such
Friese, & Schmitt, 2008) and crystallized intel- correlational findings have consistently suggested
166 A. Baumert and M. Schmitt

that victim sensitivity involves antisocial tenden- identity (Aquino & Reed, 2002; .21 < r < .36) and
cies and reflects a concern for justice for the self, justice and harm/care as moral foundations
whereas observer, beneficiary, and perpetrator (Graham et al., 2011; .34 < r < .48). By contrast,
sensitivity are prosocial perspectives reflecting a victim sensitivity was uncorrelated with these
genuine concern for justice (Gollwitzer, Schmitt, moral dispositions, but correlated with chronic
Schalke, Maes, & Baer, 2005; Schmitt et al., avoidance orientation (Elliot & Trash, 2010).
2005). For example, Schmitt et al. (2005) A recent study (N = 491; Baumert, Schlösser,
reported correlations of victim sensitivity with & Schmitt, 2014) employing 10 items to measure
negative interpersonal feelings, such as jealousy, honesty/humility as a factor of the HEXACO
vengeance, and paranoia; and correlations of personality model (Ashton & Lee, 2009) also
observer and beneficiary sensitivity with proso- provided evidence for the distinction between the
cial dispositions, such as empathy and social prosocial justice sensitivity perspectives and vic-
responsibility. Regarding correlations with Big 5 tim sensitivity as involving antisocial tendencies.
facets, victim sensitivity was found to be nega- The honesty/humility factor includes the inclina-
tively related to compliance, whereas observer, tion to act in accordance with fairness principles
beneficiary, and perpetrator sensitivity were posi- as a facet, in addition to sincerity, greed-
tively related to modesty and tender-mindedness, avoidance, and modesty as further facets (exam-
all facets of agreeableness (Schmitt et al., 2010). ple item: “I wouldn’t use flattery to get a raise or
In addition, positive correlations of victim promotion at work even if I thought it would suc-
sensitivity with neuroticism and negative corre- ceed”). In detail, the following correlations with
lations with interpersonal trust, self-efficacy, honesty/humility were found: with victim sensi-
and internal locus of control (Baumert, Beierlein tivity r =−.19; with observer sensitivity r = .16;
et al., 2014) support the notion that this justice with beneficiary sensitivity r = .27; with perpetra-
sensitivity perspective involves the fear of being tor sensitivity r = .42. Importantly, this pattern of
exploited (Gollwitzer et al., 2005). The inclina- correlations also helps us to understand distinc-
tion of victim-sensitive persons to act antiso- tions between the prosocial justice sensitivity
cially and uncooperatively—which is also perspectives. The high correlation between hon-
reflected by a negative correlation of victim sen- esty/humility and perpetrator sensitivity suggests
sitivity with the tendency to reciprocally return that this justice sensitivity perspective in particu-
favors and a positive correlation with the ten- lar captures a reluctance to violate fairness prin-
dency to reciprocally retaliate when disadvan- ciples, whereas the other justice sensitivity
taged (Baumert, Beierlein et al., 2014)—has perspectives may be more relevant to reactions to
been consequently interpreted as an attempt to violations of fairness principles.
prevent one’s own undeserved disadvantages Also highlighting specific differences between
(Gollwitzer et al., 2005). Interestingly, Back the prosocial justice sensitivity perspectives,
et al. (2013) reported a positive correlation of Baumert, Beierlein et al. (2014) found that
victim sensitivity with narcissistic rivalry as observer and beneficiary sensitivity were posi-
“the tendency to prevent social failure by means tively related to the readiness to make social
of self-defense (antagonistic self-protection)” comparisons, but perpetrator sensitivity was
(Back et al., 2013, p. 7). unrelated to social comparisons. Perpetrator sen-
The distinctiveness of victim sensitivity on sitivity is assumed to entail the readiness to antic-
the one hand and observer, beneficiary, and per- ipate or detect one’s own transgressions, thus
petrator sensitivity on the other hand is further reflecting a reliance on internalized justice stan-
emphasized by correlations with moral disposi- dards rather than on comparisons with the behav-
tions. In a student sample (N = 131), Rothmund, ior of others. With regard to the inclination to
Männel, and Altzschner (2012) found that return favors one has received, interestingly,
observer, beneficiary, and perpetrator sensitivity positive reciprocity was uncorrelated with bene-
were positively related to measures of moral ficiary sensitivity but positively correlated with
9 Justice Sensitivity 167

observer and perpetrator sensitivity. From a ben- they were intentionally put at a disadvantage by a
eficiary perspective, a favor given to oneself is team partner in a game played to win book vouch-
perceived as one’s own unjust advantage that ers (Gollwitzer & Rothmund, 2011, Study 1; see
potentially disadvantages a third person who Gollwitzer, 2005, for similar results). Victim sen-
might have deserved the favor instead. Hence, sitivity also predicted protests against one’s own
rather than reciprocally returning favors that they disadvantages and retaliatory behavior in cases
receive, beneficiary-sensitive persons should be of unfairness in the field. In a German university,
highly motivated to compensate disadvantaged a lottery was employed to assign students to sem-
others, particularly if the disadvantage is causally inars of varying attractiveness. Victim-sensitive
linked to their own advantage. students perceived the lottery as more unjust than
less victim-sensitive students and approved more
strongly of activities aimed at changing the allo-
9.3 Prediction of Justice-Related cation procedure (Schmitt & Mohiyeddini,
Emotion and Behavior 1996). In a survey of recently laid-off employees,
victim sensitivity was correlated with the level of
The justice sensitivity perspectives have been retaliatory intentions (e.g., damaging the compa-
successfully employed to predict emotional reac- ny’s reputation, filing complaints) against the
tions to injustice and justice-related behavior. In former employer (Schmitt, Rebele, Bennecke, &
many cases, justice sensitivity has been a better Förster, 2008). In these studies, only victim sen-
predictor than alternative constructs, and the sitivity was measured or reported, respectively.
scales have shown incremental validity in the Therefore, we can only speculate about whether
context of competing dispositional measures. In the reported effects generalize across the justice
sum, the empirical results support the notion that sensitivity perspectives or are instead specific to
each justice sensitivity perspective reflects an the victim’s perspective.
individual’s justice motive to some degree. In the With regard to political decisions about a pub-
following paragraphs, we will first report the lic transportation project in Germany, specifi-
results of studies that tested how specific justice cally observer sensitivity (and not victim
sensitivity perspectives predict reactions to per- sensitivity) was found to determine the level of
ceived injustice; we will then focus on adherence political protest (Rothmund et al., 2014).
to justice standards in one’s own behavior as a Observer-sensitive people tended to perceive the
criterion to be predicted; and finally, we will political decision procedure that preceded the ini-
review consequences of justice sensitivity for tiation of an expensive construction project
health as a more distal outcome. aimed at renewing the Stuttgart Central Railway
Station (“Stuttgart 21”) as more unfair than less
Reactions to perceived injustice. In various observer-sensitive people. Mediated by these
domains, justice-sensitive people have been perceptions, observer-sensitive people reacted
found to display stronger emotional and behav- with stronger outrage and intentions to protest
ioral reactions to subjective unfairness than less against the project.
justice-sensitive people. This evidence was ini- In a study on moral courage (Baumert,
tially obtained for victim sensitivity. Mohiyeddini Halmburger, & Schmitt, 2013), specifically ben-
and Schmitt (1997) investigated anger and pro- eficiary sensitivity (and not victim, observer, or
tests against an unfair competition in the labora- perpetrator sensitivity) was found to predict pro-
tory. Victim sensitivity measured several weeks tests against a witnessed theft. Among other dis-
in advance was a better predictor of reactions to positions, justice sensitivity was measured 1
one’s own disadvantages in this competition than week in advance. Then participants were invited
trait anger or self-assertiveness. Similarly, one by one into the laboratory where a confederate
victim-sensitive participants reacted with stron- pocketed the mobile phone of an alleged
ger anger than less victim-sensitive people when participant in the presence of the actual participants.
168 A. Baumert and M. Schmitt

Only beneficiary sensitivity—and not disposi- et al.’s study, changing an outcome by 1 € cost
tions such as empathy, self-efficacy, or anxiety— 0.50 €. When confronted with an unequal allo-
was a significant predictor of the readiness to cation by Person A (10:0), a substantial propor-
intervene and stop the theft. This result suggests tion of participants in the role of Person C
that failing to protest against a norm violation invested their own money to change the other
and thus avoiding the potential cost of being persons’ outcomes. As the interaction partners
aggressed by the norm violator would create an remain anonymous and cannot interact again,
illegitimate advantage of the observer compared Person C’s investment is assumed to be altruisti-
with the victim. It seems that this anticipated cally motivated and therefore called altruistic
advantage serves as the motivational force of punishment (when Person A’s outcome is
beneficiary-sensitive bystanders. reduced) and altruistic compensation (when
In a longitudinal study in an intergroup con- Person B’s outcome is increased). Most impor-
text, beneficiary sensitivity shaped solidarity tantly, observer- and beneficiary-sensitive peo-
with a relatively disadvantaged group. After the ple invested more money in altruistic punishment
reunification of Germany, East Germans contin- and compensation than less sensitive people.
ued to experience a lower standard of living than Moreover, Lotz et al. found that moral outrage
West Germans. Nevertheless, financial transfers mediated the impact of observer and beneficiary
from West to East Germany were controversial. sensitivity on reactions to A’s unfairness.
Gollwitzer et al. (2005, Study 2) investigated On the one hand, the reported findings suggest
whether justice sensitivity would predict the that, in general, justice-sensitive persons experi-
willingness of West Germans to contribute to ence injustices as more adverse than less justice-
improving the living conditions of East Germans sensitive persons. All justice sensitivity
across a 2-year interval. As expected, beneficiary perspectives appear to share this psychological
sensitivity of (the advantaged) West Germans— aspect and, thus, they capture the individual’s
and not victim sensitivity—determined their concern for justice. On the other hand, these stud-
solidarity with (the disadvantaged) East ies highlight some specifics of the justice sensi-
Germans. tivity perspectives. Which justice sensitivity
Furthermore, observer and beneficiary sensi- perspective is predictive of reactions to subjec-
tivity have been shown to be relevant determi- tive unfairness should depend on the role a per-
nants of reactions to unequal allocations in the son assumes in the specific situation. If a person
context of economic games. Fetchenhauer and is disadvantaged as was the case in the studies by
Huang (2004), Lotz, Baumert, Schlösser, Mohiyeddini and Schmitt and Gollwitzer and
Gresser, and Fetchenhauer (2011), and Baumert, Rothmund, victim sensitivity can be assumed to
Schlösser and Schmitt (2014) employed vari- be the relevant facet that determines this person’s
ants of a so-called three-person game reactions; if people are not directly affected by a
(Brandstätter, Güth, Himmelbauer, & Kriz, decision but judge it from a neutral standpoint as
1999). In this game, three anonymous persons was the case in “Stuttgart 21,” observer sensitiv-
interact in different roles. They are informed ity is the relevant predictor of emotion and behav-
that Person A will receive a financial endow- ior; and if people perceive themselves as
ment and will be free to allocate any share of it relatively advantaged (e.g., due to receiving a
to Person B, who is powerless and cannot better role in the three-person game by chance),
change A’s allocation. In the version of the game beneficiary sensitivity predicts their reactions to
employed by Lotz et al. (2011), participants an unfairness.
were further informed that Person C would also
be endowed with an amount of money that he or Adherence to justice principles. So far, we have
she was free to employ to reduce or augment the focused on reactions to perceived injustice.
outcomes of Persons A and B. Changing the However, the justice motive should also shape a
other persons’ outcomes was costly. In Lotz person’s inclination to act in accordance with jus-
9 Justice Sensitivity 169

tice principles. Here, the justice sensitivity per- in accordance with norms and rules. Specifically,
spectives have to be further distinguished. beneficiary-sensitive people reported fewer
Consistent with the correlational findings instances of their own shoplifting and free-riding
reviewed above, observer, beneficiary, and per- and less of an inclination to engage in insurance
petrator sensitivity have been shown to enhance fraud than persons lower in beneficiary sensitiv-
prosocial behavior and the adherence to justice ity (Gollwitzer et al., 2005, Study 3). In this con-
principles in various domains. By contrast, vic- text, perpetrator sensitivity might have been a
tim sensitivity fosters self-oriented behavior relevant predictor as well, but it was not assessed
aimed at preventing or compensating one’s own in the reported study. Focusing on the perpetrator
disadvantages. perspective, Stavrova et al. (2014) reported
Further evidence for the prosocial effects of results suggesting that perpetrator sensitivity
justice sensitivity has been provided by economic determines the job-seeking behavior of unem-
games. Fetchenhauer and Huang (2004) ployed people. In a survey study, they found that
employed a dictator game and showed that unemployed perpetrator-sensitive individuals
observer- and beneficiary-sensitive people were were more likely to engage in active job-search
more likely to split a financial endowment equally behavior and had lower chances of long-term
with an anonymous other person compared with unemployment. As an explanation, the authors
less observer- and beneficiary-sensitive people proposed that perpetrator-sensitive people may
even though this other person had no ability to experience profiting from the welfare system as
retaliate against them (for similar results, also see unjust and feel guilty about not contributing to
Baumert, Schlösser & Schmitt, 2014; Edele, the work force, thus being highly motivated to
Dziobek, & Keller, 2013). Lotz, Schlösser, Cain, end their state of unemployment.
and Fetchenhauer (2013) extended this research Drawing on these findings, it has been sug-
and showed that persons high in observer, benefi- gested that high levels of observer, beneficiary,
ciary, or perpetrator sensitivity gave a substantial and perpetrator sensitivity may be regarded as a
share of money to the powerless other person social resource, particularly in situations of con-
even when circumstances tempted them to act flict and crisis when solidarity and the adherence
selfishly. To manipulate temptation, the instruc- to justice principles are important for restoring
tions in the dictator game were varied. Persons the functioning of a group or society (Baumert,
low in observer, beneficiary, or perpetrator sensi- Thomas, & Schmitt, 2012; Thomas, Baumert, &
tivity shared to the same degree as persons high Schmitt, 2011). By contrast, victim sensitivity
in these sensitivity perspectives only when the appears to be a risk factor in social interactions
instructions were to take away the endowment of that may undermine cooperation, the resolution
the other person (low temptation; reversed prop- of conflicts, and prosocial engagement.
erty rights of the initial endowment; Oxoby & Gollwitzer et al. (2005, Study 3) revealed pos-
Spraggon, 2008), but they shared substantially itive correlations between victim sensitivity and
less when they were instructed to give some of self-reported norm violations that maximized
their own endowment and even less when the one’s own outcomes such as tax evasion, shop-
powerless receiver was led to believe that payoffs lifting, or insurance fraud. Moreover, with regard
depended on a lottery rather than on another par- to these transgressions, persons high in victim
ticipant’s choice (high temptation). These find- sensitivity displayed a higher accessibility of
ings suggest that observer, beneficiary, and legitimizing cognitions (e.g., “This act did not
perpetrator sensitivity involve a genuine concern seem wrong to me”) than persons low in victim
for justice as reflected in the adherence to justice sensitivity. Among soccer players, victim sensi-
principles even under conditions of high tivity predicted intentions to adopt transgressive
temptation. behaviors in response to unfair referee decisions
In an additional study, beneficiary sensitivity (Faccenda, Pantaléon, & Reynes, 2009).
was found to shape how likely people were to act Gollwitzer and colleagues proposed that
170 A. Baumert and M. Schmitt

victim-sensitive people readily act antisocially butions of mean intentions to the opposing con-
because they want to avoid the risk of being flict party were less effective among
exploited. victim-sensitive than among less victim-sensitive
A study by Gollwitzer, Rothmund, Pfeiffer, persons (Baumert, Nazlic, & Alrich, 2013).
and Ensenbach (2009) tested the impact of jus- Furthermore, in the context of close interpersonal
tice sensitivity on the willingness to cooperate relationships, victim sensitivity reduced forgive-
and invest in the common good under conditions ness after participants were harmed by their part-
of varying levels of the threat of being exploited. ner (Gerlach, Allemand, Agroskin, & Denissen,
Results showed that persons high in observer 2012). First, victim sensitivity was found to be
sensitivity maintained a higher level of invest- negatively correlated with dispositional forgive-
ment in the common good than persons low in ness. Second, in response to descriptions of the
observer sensitivity even if there were substantial partner’s potential transgressions, victim-sensitive
cues indicating that interaction partners may persons reported less willingness to forgive than
deceive and exploit their cooperativeness. By less victim-sensitive persons. Third, as mediating
contrast, persons high in victim sensitivity processes of this adverse effect of victim sensitiv-
appeared to fear exploitation and victimization ity, the authors identified mistrustful interpreta-
and, as a consequence, were reluctant to cooper- tions of the partner’s post-transgression behavior,
ate even in situations in which there were only cognitions legitimizing one’s own antisocial reac-
slight indications of a lack of their interaction tions, and a lack of pro-relationship cognitions.
partners’ trustworthiness. Moreover, victim-sensitive persons’ reactions
In a further study, Gollwitzer and Rothmund were largely independent of the partner’s inten-
(2011, Study 2) provided evidence that indeed tions to promote reconciliation. In sum, victim-
victim-sensitive people want to avoid being sensitive people appear to be at risk of triggering,
exploited rather than to seek compensation for worsening, and perpetuating social conflicts.
past disadvantages (in the sense of equity with the Finally, Traut-Mattausch, Guter, Zanna, Jonas,
world; Austin & Walster, 1974). In a so-called and Frey (2011) and Agroskin, Jonas, and Traut-
trust game (Berg, Dickhaut, & McCabe, 1995), Mattausch (2014) demonstrated that victim-
victim-sensitive people demonstrated a reluc- sensitive people tended to oppose political
tance to cooperate after they had been disadvan- reforms because they experienced reactance and
taged by a greedy interaction partner in an because they distrusted the initiators of the
unrelated situation, but not after suffering a dis- reforms. Thus, victim sensitivity may also be a
advantage due to bad luck. Similarly, Rothmund, risk factor in the political domain in the sense
Gollwitzer, and Klimmt (2011) showed the that disproportionate suspiciousness and the
reduced cooperativeness of victim-sensitive peo- ascription of sinister motives to political actors
ple in a trust game situation after these partici- with opposing opinions may be likely to fuel the
pants interacted with an aggressive virtual escalation of conflicts and inhibit constructive
character in a violent video game. conflict resolution.
It seems evident that such self-protective anti-
social behaviors by victim-sensitive persons Health outcomes. In line with this conclusion,
involve the risk of triggering and fueling interper- there is consistent evidence that victim sensitivity
sonal conflict if interaction partners in turn feel is a risk factor that endangers not only a person’s
unfairly treated by the victim-sensitive persons’ interpersonal functioning but also his or her
uncooperativeness. More research has highlighted health. In a survey study of factory employees
that victim sensitivity can also be a risk factor that (Schmitt & Dörfel, 1999), victim-sensitive work-
undermines the constructive resolution of con- ers were more at risk of experiencing procedural
flicts. In an alleged conflict over the allocation of unfairness in their workplace than less victim-
tuition fees among the departments of a German sensitive workers. In addition, when feeling
university, interventions aimed at reducing attri- unfairly treated, victim-sensitive workers were
9 Justice Sensitivity 171

more likely to feel sick at work and to call in sick justice and the fear of being exploited by others.
than their less victim-sensitive colleagues. As a result, high victim sensitivity may represent
Similarly, in a study of teachers with and without a risk factor undermining interpersonal coopera-
a diagnosed mental illness (Pretsch, Hessler, & tion and reconciliation, the adherence to justice
Schmitt, 2012), victim sensitivity predicted lev- principles, as well as psychological well-being.
els of self-reported depression, and this relation
was partially mediated by a subjective imbalance
between one’s efforts and investments at work 9.4 Psychological Processes
and one’s outcome and rewards in the form of Translating Justice
payment, recognition, or promotion prospects Sensitivity
(effort-reward imbalance; Siegrist, 2002). into Emotion and Behavior
Also, in a survey employing the ultra-short
justice sensitivity scales, victim sensitivity was The Sensitivity to Mean Intentions model.
correlated with subjective effort-reward imbal- Gollwitzer and Rothmund (2009; Gollwitzer,
ance and with psychological strain but not with Rothmund, & Süssenbach, 2013) have elaborated
physical impairment (Beierlein, Baumert, on the motivational and social-cognitive pro-
Schmitt, Kemper, & Rammstedt, 2013). More cesses involved in victim sensitivity in their
generally, victim sensitivity was found to be SeMI model. They propose that “victim sensitiv-
related to lower life satisfaction (Baumert, ity reflects the combination between [sic] how
Beierlein et al., 2014). much people value trustworthiness (and disap-
Whereas high victim sensitivity can be prove of untrustworthiness) and a generalized
assumed to be particularly detrimental to a per- expectation that others are not trustworthy”
son’s health, high observer, beneficiary, and per- (Gollwitzer, Rothmund, & Süssenbach, 2013,
petrator sensitivity might also have negative p. 417). Because victim-sensitive people experi-
self-implications. For example, frequently expe- ence being exploited as particularly aversive,
riencing strong outrage or guilt might decrease they are assumed to give disproportionate weight
one’s psychological well-being. Pretsch et al. to contextual cues that signal the untrustworthi-
(2012) also found that high observer sensitivity ness of interaction partners. When such cues are
was associated with an increased depressivity present, the model posits that a so-called suspi-
among teachers. The correlations reported by cious mindset is activated in victim-sensitive
Beierlein et al. (2013) suggest that only victim people. This mindset entails highly available hos-
sensitivity is associated with a subjective effort- tile interpretations, an avoidance-related motiva-
reward imbalance at work, but that high benefi- tional state, and cognitions legitimizing one’s
ciary sensitivity also goes along with own norm transgressions as a means for self-pro-
psychological strain. Similarly, whereas the cor- tection. As a result, persons high in victim sensi-
relation was strongest for victim sensitivity, in tivity tend to avoid situations in which they have
Baumert, Beierlein et al. (2014) data, observer to rely on other people to adhere to justice prin-
and beneficiary (but not perpetrator) sensitivity ciples. Thus, persons high in victim sensitivity
were also negatively correlated with life are not merely egoistic maximizers of their own
satisfaction. benefit; they behave in an uncooperative manner
In conclusion, all justice sensitivity perspec- only in situations in which they fear being
tives appear to share a concern for justice and, exploited by others.
thus, reflect the justice motive to some degree. The evidence reviewed above confirms that
Observer, beneficiary, and perpetrator sensitivity victim-sensitive people (a) tend to distrust others
predict prosocial tendencies and are considered to (Agroskin et al., 2014; Schmitt et al., 2005), (b)
be indicators of a genuine concern about justice react with strong emotions to interaction part-
for others. By contrast, victim sensitivity seems to ners’ unfair behavior that puts them at a disad-
involve a motivational mixture of a concern for vantage (Gollwitzer, 2005; Gollwitzer &
172 A. Baumert and M. Schmitt

Rothmund, 2011; Mohiyeddini & Schmitt, 1997), potential of justice-related concepts. In situations
and (c) reduce their cooperation when there is a containing justice-related cues, these concepts
threat of being exploited (Gollwitzer et al., 2009; should be activated and should consequently
Rothmund et al., 2011). In addition, research by guide attention and interpretation more strongly
Gerlach et al. (2012, see above) supports the idea in justice-sensitive people than in less justice-
that victim-sensitive people (d) have a suspicious sensitive people. Supporting this assumption for
mindset that is easily activated and entails mis- observer sensitivity, studies have shown that after
trustful interpretations and legitimizing cogni- witnessing an unjust incident, persons high in
tions as processes that mediate their adverse this justice sensitivity perspective attended more
reactions. Further evidence corroborating the strongly to unjust cues and interpreted ambigu-
assumptions of the SeMI model has been pro- ous situations as less just than persons low in jus-
vided by studies on the detection of potential tice sensitivity (Baumert, Gollwitzer, Staubach,
defectors (Gollwitzer, Rothmund, Alt, & Jekel, & Schmitt, 2011; Baumert & Schmitt, 2009).
2012). In a first study, victim-sensitive persons Importantly, these effects were domain-specific:
rated faces with angry-looking and neutral Observer sensitivity shaped only the processing
expressions as less trustworthy than less victim- of justice-related information, but not the pro-
sensitive persons did. In a second study, victim- cessing of justice-unrelated negatively or posi-
sensitive participants generally underestimated tively valenced information. For victim
the cooperativeness of people of whom they saw sensitivity, there is evidence that persons high in
only short video clips. These studies support the this justice sensitivity perspective more readily
idea that victim-sensitive persons (e) give dispro- interpret ambiguous situations as just or unjust
portionate weight to cues of untrustworthiness. than less justice-sensitive persons. Specifically,
victim sensitivity was found to increase the speed
Justice-sensitive information processing. The with which individuals resolved ambiguous sen-
elaboration of the SeMI model has been a first tence fragments in cases in which the resolution
step in directing the focus of research toward yielded an unjust connotation as well as in cases
the idea that social-cognitive processes mediate in which the resolution yielded a just connota-
the effects of victim sensitivity. In a more gen- tion, but not when the resolution was neutral with
eral approach, all justice sensitivity perspec- respect to justice (Baumert, Otto, Thomas,
tives can be assumed to systematically guide Bobocel, & Schmitt, 2012).
the processing of justice-related information. In As a second assumption, all four justice sen-
various individual difference domains, research sitivity perspectives have been proposed to
on personality-congruent information process- involve the degree of elaboration of justice-
ing has contributed substantially to a process- related concepts that enable persons high in jus-
oriented understanding of how personality tice sensitivity to better encode pertinent
dispositions function and shape emotions and information. Providing support for this assump-
behavior (Baumert & Schmitt, 2012; Rusting, tion, observer and victim sensitivity have been
1998). For example, attention and interpreta- shown to enhance the accuracy of memory per-
tion biases have been shown to be involved in formance for just and unjust information (but not
trait anxiety and to causally contribute to a vul- for in/justice-unrelated information; Baumert
nerability to anxiety (e.g., MacLeod, et al., 2011, 2012; Bell & Buchner, 2010).
Rutherford, Campbell, Ebsworthy, & Holker, Taken together, these studies shed light on
2002; Mathews & Mackintosh, 2000). the social-cognitive processes that explain the
Following this approach, several studies have emotional and behavioral consequences of jus-
been conducted on patterns of justice-related tice sensitivity. Specifically, selective attention,
information processing. interpretation, and encoding may predispose
All four justice sensitivity perspectives are persons high in justice sensitivity to have strong
assumed to involve the individual activation reactions toward injustice, whereas persons low
9 Justice Sensitivity 173

in justice sensitivity might not notice potential Neuropsychological processes. Researchers


injustices at all. These studies also speak in have started to use neuroscience in order to fur-
favor of the justice sensitivity perspectives as ther elucidate the computational processes
indicators of the justice motive because selec- involved in morally relevant and justice-related
tive information processing is a crucial charac- judgments (e.g., Buckholtz & Marois, 2012;
teristic of motives (McClelland, 1985). Young & Koenigs, 2007). Recently, this research
Future research on social-cognitive processes has been complemented by an individual differ-
may highlight commonalities and distinctions ence perspective, and two studies have addressed
between the justice sensitivity perspectives. As the neuropsychological underpinnings of justice
stated above, the activation potential and elabora- sensitivity. Leue, Lange, and Beauducel (2012)
tion of justice-related concepts are assumed to be took a first step in this direction by employing an
involved in each justice sensitivity perspective. EEG study to investigate how perpetrator sensi-
However, the activated concepts may differ in their tivity is related to the neurocognitive processing
content depending on the perspective that a person involved in deception. Most interestingly, in an
adopts in a specific situation involving a potential fMRI study, Yoder and Decety (2014) examined
injustice. As a consequence, the adopted perspec- how the prosocial perspectives of justice sensi-
tive will determine whether victim, observer, ben- tivity (observer, beneficiary, and perpetrator sen-
eficiary, or perpetrator sensitivity guides sitivity) modulate neural responses to film clips
information processing and, hence, emotional and depicting the intentional harming or helping of
behavioral reactions. In addition, the symmetry or another person. For more justice-sensitive per-
asymmetry of the processing of just and unjust sons, stronger reactions to bad actions were
information may differ systematically across the found in brain areas responsible for the under-
justice sensitivity perspectives (Gollwitzer et al., standing of mental states and, specifically, the
2013). More research is needed in this area. intentionality of others and for maintaining goal
More research is also needed to test the causal representations (e.g., posterior superior temporal
impact of the information-processing patterns sulcus, pSTS/TPJ, and the dorsomedial prefron-
that have been revealed for emotional and behav- tal cortex, dmPFC). In turn, the greater activity
ioral reactions. The first steps have been taken to in these areas predicted more pronounced blame
directly manipulate information processing and ratings of the film clips outside the scanner.
train those patterns of selective interpretation that Interestingly, justice sensitivity was not related
are assumed to be chronically involved in justice to activity in areas responsible for socioemo-
sensitivity. Studies have shown, for example, that tional salience, such as orbital frontoinsula or
readily anticipating one’s own unfair disadvan- the dorsal anterior cingulate cortex (dACC).
tage decreases the willingness to cooperate in These findings seem to be in line with the social-
subsequent situations (Maltese, Baumert, cognitive approach outlined above, which also
Schmitt, & MacLeod, in press). In a similar vein, emphasizes the importance of cognitive pro-
participants trained to readily interpret their own cesses such as the interpretation of social situa-
advantages as undeserved were found to invest tions for emotional and behavioral consequences
more of their own resources to compensate vic- of justice sensitivity.
tims of others’ unfairness (Maltese, Baumert,
Knab, & Schmitt, 2013). These results support
the basic assumption that patterns of selective 9.5 Development of Justice
interpretation causally contribute to justice- Sensitivity
sensitive behavior. Besides their theoretical rele-
vance, for practical purposes, approaches to Despite the relevance of justice sensitivity for the
induce justice-sensitive information processing prediction and potentially also the modification
may represent ways to enhance prosocial behav- of justice-related behavior, only a little is known
ior and mitigate the risk of uncooperativeness. to date about the patterns and processes of the
174 A. Baumert and M. Schmitt

development of justice sensitivity across the life the activation potential of injustice-related concepts
span. Two studies revealed a medium-sized rank- and, thus, may lead to increases in justice sensi-
order stability of the justice sensitivity perspec- tivity across time (Baumert & Schmitt, 2009). As
tives in adults across 6 weeks (Baumert, Beierlein a short-term effect, Wijn and van den Bos (2010)
et al., 2014) and across 2 years (Schmitt et al., found that indeed, being confronted with in/jus-
2005). Comparisons of adult age groups showed tice increased self-reported justice sensitivity. In a
a slight decrease in victim sensitivity and slight longitudinal study of undergraduate students
increases in observer, beneficiary, and perpetrator across 6 months (Baumert & Maltese, 2014),
sensitivity with age (Schmitt et al., 2010). there were general decreases in all justice sensi-
Importantly, Bondü and Elsner (2015) vali- tivity perspectives. This study also provided sup-
dated an adapted 5-item questionnaire for the port for the assumption that frequently being
assessment of victim, observer, and perpetrator confronted with injustice increases justice sensi-
sensitivity in children and adolescents. In age tivity in the long run. Students who reported many
groups from 9 to 17 years, rank-order stabilities instances of subjective injustice from the victim
across 1–2 years were somewhat lower than for or the observer perspective during their first
adults, but still medium-sized. Comparing mean- semester showed relative increases in victim or
levels across these age groups, Bondü and Elsner observer sensitivity, respectively. Besides these
(2015) showed a substantial mean-level increase studies on developmental processes of justice
in victim sensitivity and a weak increase in sensitivity among adults, research on the mecha-
observer and perpetrator sensitivity. nisms of development in children promises to be
Furthermore, positive correlations of victim particularly interesting. Questions about when
sensitivity and negative correlations of perpetra- and how the four justice sensitivity perspectives
tor sensitivity with self-reported aggression are differentiated and attenuated or boosted are
(Bondü & Krahé, 2015) and vice versa for proso- still unanswered.
cial behavior (Bondü & Elsner, 2015) support the
interpretation of these justice sensitivity perspec-
tives as involving antisocial or prosocial inclina- 9.6 Conclusions and Outlook
tions, respectively. Supporting and further
extending the link of justice sensitivity with Taken together, extensive research has revealed
health outcomes revealed in adults, among chil- that justice sensitivity is a valuable construct for
dren and adolescents, justice sensitivity was cor- the description, prediction, explanation, and
related with ADHD symptoms (Bondü & Esser, modification of individual differences in justice-
2015) and predicted the development of emo- related emotion and behavior. Justice sensitivity
tional and behavioral problems in a longitudinal is nonredundant with other personality con-
design (Bondü & Esser, 2015). Whereas victim structs, but has meaningful overlap with vari-
sensitivity was associated with more severe ables of inter- and intrapersonal functioning. It
symptoms and a deterioration of problems, for has been shown to be a strong predictor of emo-
perpetrator sensitivity the opposite pattern was tion and behavior in various domains of social
found. In sum, these results suggest that the psy- justice. Variance in reactions to unfairness and in
chological functions of the justice sensitivity per- the proneness to act in accordance with justice
spectives revealed among adults also apply in principles has been explained above and beyond
children and adolescents. the explanatory power of competing constructs.
Besides patterns of development of justice sen- In particular, the distinction of four justice sensi-
sitivity, psychological mechanisms that shape tivity perspectives—namely, victim, observer,
development are highly important. As a potential beneficiary, and perpetrator sensitivity—has
social-cognitive mechanism of development, it added considerably to the understanding of
has been proposed that frequently being con- justice-related motivation. All justice sensitivity
fronted with instances of injustice may increase perspectives appear to reflect the individual’s
9 Justice Sensitivity 175

concern for justice to some degree. However, By contrast, observer, beneficiary, and perpetra-
observer, beneficiary, and perpetrator sensitivity tor sensitivity appear to capture the commitment
seem to capture a genuine concern for justice as to justice as a moral principle, thus reflecting an
they are related to prosocial inclinations and fos- unconditional concern for justice. Even under
ter an adherence to justice principles. Victim sen- conditions of temptation (Lotz et al., 2013), per-
sitivity seems to involve a motivational sonal costs (e.g., Lotz et al., 2011), or the threat
mixture—a concern for justice on the one hand of being exploited (e.g., Gollwitzer et al., 2009),
and the fear of being exploited on the other— highly observer-, beneficiary-, or perpetrator-
resulting in antisocial tendencies in situations sensitive people have been found to adhere to
involving social uncertainty, the threat of being justice standards and act against violations of
exploited, or temptation. such standards.
Particularly with regard to the observer, ben- On a more general level, the research
eficiary, and perpetrator perspectives, justice sen- reviewed on justice sensitivity demonstrates that
sitivity can reasonably be assumed to be an an individual difference approach is necessary
indicator of individual differences in the justice for complementing general psychological
motive. Due to their information processing pat- approaches in research on social justice in order
terns, justice-sensitive persons more readily per- to fully understand this social phenomenon.
ceive situations as justice-related, and justice Assessing systematic individual differences in
concerns are more often situationally activated to the concern for justice allows researchers to
guide their behavior. Furthermore, emotions explain a substantial share of variance in justice-
resulting from the perception of injustice are related emotion and behavior. Moreover,
more pronounced among justice-sensitive per- research on the information processing involved
sons and motivate action in accordance with jus- in justice sensitivity exemplifies how an indi-
tice principles. Thus, justice sensitivity fulfills vidual difference approach also provides a more
the crucial characteristics of a motive complete understanding of psychological pro-
(McClelland, 1985). cesses that drive reactions to potential injustice
As outlined in the introduction, besides jus- and their boundary conditions. Importantly,
tice sensitivity, belief in a just world is also con- detailed knowledge on information processing
sidered to be an indicator of the justice motive. patterns that explain individual differences in
However, as reviewed above, empirical results justice-related emotion and behavior allows for
have shown that the correlation between justice the design and implementation of theory-based
sensitivity and belief in a just world is very low. approaches to change behavior.
Moreover, these two constructs have been found With the present review, we hope to stimulate
to explain distinct parts of the variance in justice- further research on justice sensitivity, its pro-
related outcomes (e.g., Dalbert & Umlauft, cesses, and its outcomes. As emphasized above,
2009). In an attempt to reconcile these findings questions remain open with regard to the social-
with the notion that both constructs indicate the cognitive processes underlying justice sensitiv-
strength of a justice motive, Baumert, Rothmund ity, their similarities and distinctions across the
et al. (2013; see also Montada, 1998) empha- justice sensitivity perspectives, and their causal
sized that the belief in a just world is assumed to relevance, for both situational consequences of
reflect a psychological need for justice as a prin- justice sensitivity and long-term changes in this
ciple of order in the world. In other words, the disposition. Furthermore, future research should
belief in a just world appears to capture a condi- address cross-cultural differences in justice sen-
tional concern for justice that leads an individual sitivity and its psychological functioning. Cross-
to adhere to justice standards and act in the name cultural comparisons are particularly valuable
of justice only as long as the belief in a just because they can provide knowledge about the
world is not threatened or options for active generalizability of the reviewed findings on jus-
restoration of justice are easily accessible. tice sensitivity. Wu et al. (2014) provided data
176 A. Baumert and M. Schmitt

comparing levels of the justice sensitivity per- Measuring four perspectives of justice sensitivity with
two items each. Journal of Personality Assessment, 96,
spectives between Chinese, Russian, and German
380-390.
participants and reported substantially higher Baumert, A., Gollwitzer, M., Staubach, M., & Schmitt, M.
levels of beneficiary sensitivity and lower levels (2011). Justice sensitivity and the processing of
of observer sensitivity for Chinese people. justice-related information. European Journal of
Personality, 25, 386–397.
Maltese, Baumert, and Schmitt (2013) found no
Baumert, A., Halmburger, A., & Schmitt, M. (2013).
mean-level differences between Filippinos, Interventions against norm violations: Dispositional
Australians, and Germans. However, correlations determinants of self-reported and real moral courage.
of justice sensitivity with behavior in the trust Personality and Social Psychology Bulletin, 39,
1053–1068.
game and accompanying cognitions and emo-
Baumert, A., & Maltese, S. (2014). Differential develop-
tions differed across cultures, potentially reveal- ment of justice sensitivity in early adulthood.
ing cultural differences in the meaning of the Investigation of a social-cognitive mechanism. Paper
constructs. More research in this and the previ- presented at the 17th European Conference on
Personality, Lausanne, Switzerland.
ously mentioned directions promises to substan-
Baumert, A., Nazlic, T., & Alrich, K. (2013). Konflikte
tially enlarge our knowledge about the processes bearbeiten durch Relativierung von
and consequences of the justice motive and will Gerechtigkeitsvorstellungen [Resolving conflicts by
help us to understand individual differences in qualifying subjective justice views]. Konfliktdynamik,
1, 36–43.
the social justice domain more completely.
Baumert, A., Otto, K., Thomas, N., Bobocel, D. R., &
Schmitt, M. (2012). Processing unjust and just infor-
Acknowledgment We would like to thank Jane Zagorski mation: Interpretation and memory performance
for helpful comments and Nadine Knab for her help in related to dispositional victim sensitivity. European
preparing the chapter. Journal of Personality, 26, 99–110.
Baumert, A., Rothmund, T., Thomas, N., Gollwitzer,
M., & Schmitt, M. (2013). Justice as a moral
motive. Belief in a just world and justice sensitiv-
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Social-Cognitive and Motivational
Processes Underlying the Justice 10
Motive

Kees van den Bos and Michèlle Bal

When people are trying to make sense of their In the current chapter, we examine some
world, one important type of sense-making pro- important psychological processes that may
cesses revolves around circumstances in which explain why the justice motive is so important to
innocent people are victim to terrible crimes such people and how this motive causes people to
as rape or violence. The insightful work by show derogatory reactions to innocent victims.
Melvin Lerner and colleagues suggests that peo- To this end, we focus on social-cognitive pro-
ple often make sense of these kinds of awful cesses that may affect the psychological func-
events by trying to compensate the victim or pun- tioning of the justice motive. The current chapter
ish the perpetrator and, if this person is not likely not only examines how people react to innocent
to be caught, to start blaming the victim for his or victims of terrible crimes, but we also review
her behavior. People may also evaluate the vic- social-cognitive processes that explain more gen-
tim’s personality in negative terms. In this way, erally how people calibrate the motive of genuine
people restore their belief in a just world where justice with more self-centered reactions. These
good things happen to good people and bad processes also involve experiential and rational-
things happen to bad people only. Thus, some- istic processes that may differentially affect peo-
what paradoxically, a justice motive may under- ple’s justice concerns. We also will study
lie people’s derogatory reactions to innocent motivational processes that complement the jus-
victims (see, e.g., Lerner, 1977, 1980, 1998, tice motive. These motivational processes include
2003; Lerner & Agar, 1972; Lerner & Clayton, people’s desire to avoid or reduce uncertainty
2011; Lerner & Goldberg, 1999; Lerner & Lerner, and other processes of motivated self-regulation.
1981; Lerner & Miller, 1978; Lerner, Miller, & The motivational processes we review also per-
Holmes, 1976; Lerner & Simmons, 1966; Lerner tain to how people deal with justice concerns in
& Whitehead, 1980). their culture, in particular the cultural context of
our society that tends to emphasize obtaining
outcomes that only will be available to us after
some time. We close by discussing the possible
relationships between the theories and findings
K. van den Bos (*) reviewed in this chapter and other relevant
Utrecht University, Utrecht, The Netherlands
e-mail: k.vandenbos@uu.nl
theories. We also will point out unexplored
conceptual issues as well as some important
M. Bal
Utrecht University, Utrecht, The Netherlands
methodological issues pertaining to the scientific
e-mail: m.bal@law.leidenuniv.nl study of the justice motive.

© Springer Science+Business Media New York 2016 181


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_10
182 K. van den Bos and M. Bal

10.1 Social-Cognitive Processes Schalke, Maes, & Baer, 2005; Hafer, 2000a,
2000b; Hafer & Bègue, 2005; Hafer, Bègue,
There is plenty of evidence showing that the jus- Choma, & Dempsey, 2005; Hafer & Olson, 1993;
tice motive is impacting people’s reactions to Maes & Kals, 2002; Montada, Schmitt, &
victims of rape or other terrible crimes. For Dalbert, 1986; Schmitt, Gollwitzer, Maes, &
example, when a victim is more similar to the Arbach, 2005; Schmitt, Neumann, & Montada,
observer of the unjust event, the victim is more 1995; Schmitt, Oswald, Kim, Gillespie, &
likely to be blamed and derogated for what hap- Ramsay, 2004; Sutton & Douglas, 2005; Sutton,
pened to him or her (e.g., Aguiar, Vala, Correia, Douglas, Wilkin, Elder, & Cole, 2008).
& Pereira, 2008; Correia, Vala, & Aguiar, 2007; We further note that we work from the
Lodewijkx, De Kwaadsteniet, & Nijstad, 2005; assumption that justice is frequently a very real
Novak & Lerner, 1968). Related to this, when a concern to people and is of great motivational
perpetrator is more similar to the observer and is importance to many. So, in our examination of
not caught, the victim is more likely to meet with the psychological processes that may underlie
derogatory reactions (Bal & Van den Bos, 2010). the justice motive, we are certainly not suggest-
When perpetrators are not caught, derogatory ing that justice concerns are a myth. Quite the
reactions to innocent victims are especially more contrary (see, e.g., Miller, 1999; Miller &
likely (e.g., Hafer, 2000a; Lerner & Miller, 1978). Ratner, 1998), we assume that justice is a funda-
These effects presumably are out there because mental motive and that it quite often takes prior-
victims or perpetrators that are more similar to ity over self-interest. That said, we do note that
you pose a stronger threat to your personal world researchers should thoroughly study the condi-
(Bal & Van den Bos, 2010; Lerner & Miller, tions under which justice is more of a concern to
1978). When a perpetrator is not caught this people and those under which it is less impor-
makes justice concerns more accessible (Hafer, tant to them (Van den Bos & Lind, 2002, 2009,
2000a), as a result of which you tend to use more 2013; Van den Bos, Peters, Bobocel, & Ybema,
abstract language to describe the victim’s behav- 2006). It is to a discussion of this work that we
ior (Helder, Sutton, & Van den Bos, 2014) and now turn.
you are more likely to label the behavior and per-
sonality of the victim in more negative terms.
This is not the time and the place to provide a 10.1.1 Two-Phase Model of Self-
thorough and complete review of the impressive Interest and Justice Concerns
research findings that have been obtained follow-
ing Lerner’s pioneering and groundbreaking It is our explicit assumption that people are social
work on the justice motive. Here we simply state beings who tend to care in genuine ways about
that the justice motive is very important and that fairness and justice and in essence are benign crea-
many components of Lerner’s just-world theory tures who want to do the right thing (Van den Bos
have been supported in careful and important & Lind, 2013; Van den Bos et al., 2011). Research
research studies (see, e.g., Baumert, Otto, has supported this assumption in important ways.
Thomas, Bobocel, & Schmitt, 2012; Callan, For example, many research studies have shown
Ellard, Shead, & Hodgins, 2008; Callan, Kay, that the majority of people tend to adhere to a
Davidenko, & Ellard, 2009; Callan, Shead, & prosocial orientation such that they value that their
Olson, 2009; Callan, Sutton, & Dovale, 2010; own outcomes are distributed equally compared to
Correia & Vala, 2003; Dalbert, 1997, 1999, 2001, outcomes of other people (Van den Bos et al.,
2002; Dalbert & Katona-Sallay, 1996; Gollwitzer, 2011; Van Lange, Otten, De Bruin, & Joireman,
2004; Gollwitzer & Bushman, 2012; Gollwitzer, 1997; see also Rand, Greene, & Nowak, 2012; Van
Meder, & Schmitt, 2011; Gollwitzer, Rothmund, Lange, Agnew, Harinck, & Steemers, 1997; Van
Alt, & Jekel, 2012; Gollwitzer, Rothmund, Lange & Kuhlman, 1994; Van Lange & Liebrand,
Pfeiffer, & Ensenbach, 2009; Gollwitzer, Schmitt, 1991a, 1991b).
10 Psychological Processes Underlying the Justice Motive 183

Van Lange, Otten et al. (1997) developed a behavior. Certainly, there are those with a com-
nine-item decomposed game measure of social petitive orientation who would like to outperform
value orientation by means they could classify others, sometimes even at the expense of some of
research participants as prosocial, individualistic, their own personal gains (Van Lange, Otten et al.,
or competitive depending on whether the major- 1997), and these people might be tempted to
ity of their choices were consistent with one of engage in anti-social and blatantly unfair and
these three social value orientations. Using this unjust behavior (Van den Bos & Lind, 2013).
measure, several studies have found that the larg- Furthermore, even those who are oriented toward
est group of participants tends to be prosocial, as cooperation may sometimes be oriented toward
opposed to individualistic or competitive. For their own hedonic responses and the fulfillment
example, Van Lange, Otten et al. (1997, Study 4) of their self-interest concerns. For example, peo-
observed that in a representative sample of the ple generally do not like getting outcomes that
Dutch adult population (N = 1728), 71 % of the are advantageous but inequitable in comparison
respondents could be identified as prosocials. to the outcomes of comparable other persons, but
Van Lange (1999) concluded that it is common to when responding under conditions of high cogni-
find in student samples that more than 50 % of tive load, people tend to be satisfied with getting
the participants can be identified as prosocial. unfair but better outcomes (Van den Bos et al.,
Furthermore, the prevalence of prosocials tends 2006).
to be even more pronounced in the adult popula- Thus, we are definitely not denying that cheat-
tion in the Netherlands than in student samples in ers, frauds, and serious criminals are out there
the psychology laboratory (Van Lange, Otten (see also Ariely, 2012). But we also note that
et al., 1997). Moreover, similar findings are many people, and probably even the largest group
obtained in the U.S. and other countries (Van of people in several countries, are genuinely ori-
Lange, Agnew et al., 1997; Van Lange & ented toward cooperative or prosocial behavior
Kuhlman, 1994; Van Lange & Liebrand, 1991a, (Rand et al., 2012). The two-phase model we put
1991b; see also Balliet, Parks, & Joireman, forward here, in which self-interested responses
2009). may dominate first reactions and correction for
Along these lines, we note that it seems rea- genuine fairness and justice takes place some-
sonable to assume that many people in organiza- what later, may explain the reactions of the
tions want to do what is right (Lind & Van den majority of people (Van den Bos et al., 2011).
Bos, 2013). In fact, people with these positive Research on the two-phase model thus far has
social values may constitute as much as 90 % of focused on how people respond to outcomes that
the general population in labor organizations are advantageous but inequitable in comparison
(IJfs, 2012). This said, there are undoubtedly to the outcomes of other persons (Van den Bos
other people who are purposively looking for et al., 2006). The model argues that one way to
opportunities to cheat and to engage in fraudulent understand the intriguing interplay between ego-
acts. This group may constitute only 2 % of a ism- and fairness-based considerations is to note
given labor organization, but it may be a very that, when responding to advantageous inequity,
salient group, once detected, and may have detri- judging the advantage is quick and easy as pref-
mental effects on the organization’s profits and erences are primary (Messick, 1993), whereas
other outcomes, in part because this 2 % can assessments of fairness are more complicated.
influence an additional 8 % in the organization Adjusting this initial, egoistic appraisal requires
who are inclined to follow fraudulent norms the investment of additional cognitive resources,
when given the opportunity (IJfs, 2012). as it entails integrating fairness concerns with
Of course, notwithstanding the prosocial ori- the initial preference appraisal. This interpreta-
entation of the majority in many research sam- tion of reactions to advantageous inequity suggests
ples, we are aware that some people clearly a two-phase model of people’s reactions, in which
engage in selfish, exploitative, or even fraudulent people’s very first reaction when confronted
184 K. van den Bos and M. Bal

with advantageous inequity is one of pleasure that the fairness route is more easily impaired
(“Wow, I get more than someone else, that’s compared to the egoism route (the latter being
great!”). This egoism-based, gut reaction per- more automatic than the former; Van den Bos
haps occurs in a rather spontaneous manner that et al., 2006).
is difficult to control. We suggest that it is only It is noteworthy that our suggestion that
after this first spontaneous reaction of pleasure preferences are more immediate than fairness
that people consider the fairness of the situation considerations corresponds with Zajonc’s (1980)
(“Hey, but that’s not fair!”). This latter, fairness- position that feelings and preferences may be
based reaction is not as automatic and fast as the more primary than are thoughts and inferences
first egoism-based reaction. People need a little (see also De Houwer, Thomas, & Bayens, 2001).
time (e.g., some seconds) and a little more cog- We hasten to say that the exact processes under-
nitive effort to discover, understand, and respond lying Zajonc’s position have been disputed (for
to the unfairness of a situation in which they are an overview of this discussion, see, e.g.,
better off than others for no good reason, and this Winkielman & Cacioppo, 2001) and similarly
correction process can only take place when that the implications that follow from our research
people have sufficient cognitive resources avail- should be validated in future research. It is our
able (Van den Bos et al., 2006) and are motivated hope that the experimental findings we reviewed
to do so (Van den Bos et al., 2011). here provide a new perspective on the empirical
On the basis of these findings we propose a study of preferences and fairness concerns and
two-tier message: First, people’s gut reaction to that this may stimulate researchers to investigate
distributions of advantageous inequity and other the implications of this perspective.
issues may be driven by egocentrism such that A candidate for another process explaining
people’s reptile brain or primitive core lead them people’s reactions to advantageous inequity may
to be self-focused and to be pleased with things be suggested by a study by Rivera and Tedeschi
that are best for them (and not for others). Second, (1976). Participants in the bogus pipeline condi-
most people are benign beings who intend to do tion of this study were led to believe that a bogus
what is good and what is right (Van den Bos & apparatus could detect their true feelings by
Lind, 2013) and hence try to free cognitive implicit muscle responses, whereas participants
resources that lead them to do the right thing and in a paper-and-pencil condition were not given
be oriented toward what others are getting. Thus, this impression. Furthermore, in the bogus pipe-
quite often, or perhaps even typically, most peo- line condition, dependent variables were mea-
ple tend to correct their self-centered inclinations sured by asking participants to indicate their
to include a genuine other-oriented response with ratings by turning a dial moving a pointer along a
appropriate attention to what is fair and just. meter. In the paper-and-pencil condition, depen-
Importantly, our line of reasoning certainly dent variables were assessed using the normal
does not imply that preferences and pleasure are paper-and-pencil procedures. Findings indicated
always selfish, as people sometimes may prefer that participants reported more happiness with
or be pleased to see that persons other than them- advantageous inequity in the bogus pipeline con-
selves (such as persons in need) receive more of dition than in the paper-and-pencil condition.
a valued resource than they themselves receive Rivera and Tedeschi’s account for their findings
(e.g., Deutsch, 1975, 1985). We further note that, is that when paper-and-pencil procedures are
building on Strack and Deutsch (2004), it can be used people’s reactions are public, whereas when
argued that both egoism-based preferences and bogus pipeline procedures are used reactions are
fairness perceptions can work in parallel such private. The authors further argue that, because
that, once activated, both processes simultane- people want to create positive impressions of
ously influence people’s reactions and the themselves to others, they will report less happi-
occurrence of social behavior. However, there ness with advantageous inequity in public
might be an asymmetry such that it is more likely circumstances.
10 Psychological Processes Underlying the Justice Motive 185

It should be emphasized, however, that the Tedeschi (1976) study and the preferences vs.
Rivera and Tedeschi (1976) results have been fairness considerations line of thinking presented
criticized (e.g., Ellard, Meindl, & Lerner, 2004), earlier in this paper need further research, as does
and that more recent research findings suggest the relationship between these two lines of
that fairness is important to people even in com- thought and the processes they suggest.
pletely private circumstances (see, e.g., Turillo,
Folger, Lavelle, Umphress, & Gee, 2002).
Furthermore, there are several issues that limit 10.1.2 Rationalistic and Experiential
the validity of Rivera and Tedeschi’s (1976) Routes to Victim Blaming
interpretation of their findings, such as the con-
found between the bogus pipeline procedure Thus far we focused on social-cognitive pro-
(present vs. absent) and the way in which depen- cesses that may impact how people calibrate their
dent variables were assessed (dial equipment vs. self-interest and fairness concerns, for example
paper and pencil). Moreover, it is not clear when responding to outcome arrangements of
whether participants indeed perceived the paper- advantageous inequity. Some other basic cogni-
and-pencil conditions to be more public. tive processes also underlie the justice motive
In addition, Roese and Jamieson (1993) noted and how people react to innocent victims that
in their thorough review of bogus pipeline pose a threat to their belief in a just world. These
research that when researchers wish to import the processes can be derived from cognitive-
bogus pipeline procedure to their research experiential self-theory (Epstein, 1985, 1994;
domain in an effort to reduce impression man- Epstein & Pacini, 1999). Based on this theory,
agement and social desirability effects, they Van den Bos and Maas (2009) argued that people
should first demonstrate that some form of react to their environment by means of two infor-
impression management bias indeed influences mation processing systems: an experiential sys-
reactions in the domain of interest. Roese and tem that operates according to heuristic principles
Jamieson (1993) suggest that an obvious way to and a more rationalistic system that operates
accomplish this would be to associate reactions through a person’s understanding of logical rules
in the domain of interest with responses on of inference (cf. Epstein, 1985, 1994; Epstein &
impression management or social desirability Pacini, 1999). The experiential system processes
scales. To the best of our knowledge, there have information automatically, rapidly, effortlessly,
been no equity studies that have incorporated one and efficiently, and it is built upon learned expe-
of these scales. If future research findings would riences, like the rules of deservingness that chil-
indeed support Rivera and Tedeschi’s (1976) dren learn during socialization. The rationalistic
account of the difference between public and pri- system, in contrast, is a deliberative, effortful,
vate reactions to advantageous inequity (but see and abstract system, in which people weigh
Ellard et al., 2004; Turillo et al., 2002), we would information carefully.
suggest that this account is congruent with the The distinction between experiential and
line of reasoning we have put forward here: In rationalistic mindsets can be used to get more
private circumstances, preferences may influence direct insight into the psychology of people’s
people’s outcome evaluations more strongly than blaming of victims for their misfortunes (see also
in public situations. In public (as opposed to pri- Van den Bos & Maas, 2012). To this end, Van den
vate) circumstances, people may be more Bos and Maas (2009) asked participants to take
strongly motivated to incorporate fairness-based part in several studies that ostensibly were unre-
considerations to convey a positive impression of lated to each other. In one of these studies either
themselves to others, especially when they have experiential or rationalistic mindsets were
enough cognitive capacity for doing so. We induced among the participants: In the experien-
explicitly want to note here that both the social tial mindset condition, participants were asked to
desirability effects suggested by the Rivera and respond to a story on the basis of their intuitions
186 K. van den Bos and M. Bal

and gut feelings. Participants in the rationalistic beliefs is inconsistent, in that the three propositions
mindset condition were asked to respond to the cannot be endorsed at the same time without
same story on the basis of careful and analytic violating the notion of logical consistency. Thus,
consideration of the information given in the text. in order to avoid cognitive dissonance, people
When participants thus had been put into one of either have to reject one of the three propositions
the two mindsets, they participated in another or find a new proposition that resolves the incon-
study that was ostensibly unrelated to the study in sistency (Gawronski & Strack, 2004). People
which we induced their mindsets. In this new who strongly endorse the first proposition (which
study, participants were confronted with a victim would be the case when people have high just-
of robbery or sexual assault and we assessed the world beliefs or when their just-world beliefs
extent to which our participants blamed the vic- have been threatened strongly) can change the
tims for their misfortunes. cognition underlying the third proposition and
Based on modern dual-process models that hence blame the victim. Moreover, if the first
distinguish between associative and proposi- proposition is rejected from the outset (which
tional processes (e.g., Gawronski & would be the case when people have low just-
Bodenhausen, 2006; Sloman, 1996; Smith & world beliefs or when just-world beliefs are been
DeCoster, 2000; Strack & Deutsch, 2004), expe- threatened only weakly), there is no inconsis-
riential and rationalistic mindsets can be linked tency in the first place and therefore no need to
to the theoretical distinction that has been made blame the victim by rejecting the third proposition.
between associative and propositional processes. Thus, this line of reasoning argues that in ratio-
That is, the principles of spatio-temporal conti- nalistic mindset conditions, people would blame
guity that have been argued to underlie associa- innocent victims more when they believe strongly
tive processes and experiential mindsets promote in a just world or when their beliefs in a just
the creation of associative links between the vic- world had been threatened strongly.
tim and the affective quality of the negative The inconsistency-based blaming of an innocent
event. As the creation of such links via associa- victim resulting from propositional processes is
tive processes is largely independent of people’s quite different from the blaming that results from
explicit beliefs, the contiguity between the vic- the mere linking of the victim with the negative
tim and the negative event can produce negative event via associative processes. Most impor-
reactions to the victim independent of people’s tantly, from this line of reasoning follows that
just-world beliefs. Thus, this line of reasoning just-world beliefs should play a significant role
predicted that in experiential mindset conditions, only for victim blaming resulting from proposi-
the strength with which people believe in a just tional reasoning, but not for victim blaming
world or the extent to which these beliefs have resulting from associative processes. Thus,
been threatened would not strongly impact blam- based on this theoretical line of reasoning, inter-
ing of innocent victims. action effects were predicted between the mind-
This situation is different for rationalistic set manipulation and measurements or
mindsets and processes of rule-based or proposi- manipulations of just-world concerns. That is,
tional reasoning, which are characterized by prin- Van den Bos and Maas (2009) predicted that par-
ciples of consistency and logical inference ticipants in the rationalistic mindset conditions
(Gawronski & Bodenhausen, 2006; Sloman, would blame victims more when they believed
1996; Smith & DeCoster, 2000; Strack & strongly in a just world or when their beliefs in a
Deutsch, 2004). Specifically, learning about an just world had been threatened, whereas there
innocent victim (“person X”) creates a logically was no expectation of strong effects of the measure
inconsistent system of beliefs that includes three or manipulation of just-world endorsement in
propositions: (1) “The world is a just place;” (2) the experiential conditions.
“A negative event happened to person X;” and (3) The two experiments that were presented in
“Person X did not deserve that.” This system of the Van den Bos and Maas (2009) article indeed
10 Psychological Processes Underlying the Justice Motive 187

showed that especially when people have adopted threats moderate victim blaming under experiential
rationalistic mindsets that individual differences mindsets but not under rationalistic mindsets.
and situational fluctuations pertaining to the This alternative prediction would be in line with
endorsement of the just-world belief yield strong Lerner and Goldberg’s (1999) emphasis on belief
effects on blaming of innocent victims. That is, in a just-world effects being especially strong
people in rationalistic mindsets blamed victims when people are in experiential mindsets (see also
more strongly when they were strongly predis- Lerner, 1998). That is, these authors emphasize
posed to endorse the belief in a just world. In the important role that intuitive-experiential
contrast, in experiential mindsets victim blaming mindsets play in people’s blaming reactions. As
did not vary as a function of the strength of this stated by Lerner and Goldberg (1999): “It should
endorsement. The findings also showed that peo- be no surprise to find that people who care deeply
ple in rationalistic mindsets blamed victims more about justice experience strong emotions when
when their just-world beliefs had been strongly confronted with a victim. The important dynam-
as opposed to weakly threatened. In experiential ics underlying those emotions should take place
mindsets, victim blaming did not vary as a func- in the experiential system and involve implicit
tion of the strength of just-world threats. cognitions, such as the moral intuitions concern-
These findings are in accordance with the ing what is just and good” (p. 631).
hypothesized linkage between experiential and Thus, we think that the Van den Bos and Maas
rationalistic mindsets and associative and propo- (2009) results are also important because based
sitional processes and support a longstanding (but on the notion that experiential processes may be
thus far untested) suspicion that there may be two driving just-world effects (Lerner, 1998; Lerner
paths to victim blaming, an intuitive-experiential & Goldberg, 1999), one could also argue that
one and rational-cognitive one. To the degree that endorsement of just-world beliefs should moder-
experiential mindsets increase the reliance on ate victim blaming under experiential mindsets,
associative knowledge structures and rationalistic but not under rationalistic mindsets. However,
mindsets increase the reliance on consistency this was not the interaction effect that was
principles and logical inference (Gawronski & obtained in the 2009 studies by Van den Bos and
Bodenhausen, 2006; Sloman, 1996; Smith & Maas. This noted, Van den Bos and Maas (2009)
DeCoster, 2000; Strack & Deutsch, 2004), the did find a main effect of the mindset manipulation
distinction between associative and propositional in their first experiment such that experiential
processes provides a strong a priori explanation mindsets let to more victim blaming than ratio-
why experiential and rationalistic mindsets pro- nalistic mindsets. This effect was observed in
duce different outcomes. That is, victim blaming only one of the studies though and thus should be
under experiential and rationalistic mindsets are treated with caution. However, in the same
the result of very different evaluation processes, experiment Van den Bos and Maas did observe
such that victim blaming in experiential mindsets that when participants believed in a just world
is due to the associative process of linking the vic- relatively weakly, they blamed the victims more
tim to the negative event, whereas victim blaming for their misfortunes when in experiential as
under rationalistic mindsets is due to proposi- opposed to rationalistic mindsets. Related to this,
tional processes of logical inference and reduction in their second experiment it was found that when
of cognitive inconsistency. just-world beliefs had only been threatened weakly,
One of the reasons why we think that these participants in experiential mindsets blamed victims
findings may be important is because they can be more than participants in rationalistic mindsets
contrasted with an alternative prediction. That is, did. Thus, these findings show some evidence for
given the strong emphasis on intuitive processes experiential effects on victim blaming, especially
in theories of moral reasoning (e.g., Haidt, 2001), when endorsement of just-world belief was
one could also expect the opposite finding, relatively low (as a result of individual predispo-
namely that just-world beliefs and just-world sition or experimental manipulation).
188 K. van den Bos and M. Bal

In our opinion, experiential processes may 10.2 Motivational Processes


be an important determinant of justice-related
reactions (see also Maas & Van den Bos, 2009; Besides social-cognitive processes, motivational
Van den Bos & Lind, 2009; Van den Bos & Maas, factors also impact people’s desire for justice,
2012), but our assumption is that this is more how they form justice judgments, and how they
likely to be the case for justice-related reactions respond to fair and unfair events. Earlier reviews
that are easier to process (such as reactions to described this line of reasoning in detail (see,
voice vs. no-voice procedures or other fair vs. e.g., Van den Bos, 2009a, 2009b, in press; Van
unfair procedures) than reactions that involve den Bos & Lind, 2002, 2009, 2013; Van den Bos
much more information (such as responses to & Maas, 2012). These reviews focused on the
events where innocent people fell victim to terri- relationship between the uncertain self and how
ble crimes caused by a perpetrator who has not people respond to fair and unfair events. The general
been caught). In correspondence with this message that can be derived from this work is
assumption, the findings of the Van den Bos and that perceived fairness has special qualities for
Maas (2009) paper suggest that one type of reac- people who are trying to cope with experiences
tions that are affected by experiential processes is of uncertainty or other alarming events that instigate
victim blaming among people who are only motivated self-regulatory responses. That is,
weakly concerned with justice concerns (and when people are confronted with events such as
who hence probably process justice-related infor- economic problems, reorganization processes,
mation in more superficial ways than those con- potential lay-offs (Brockner, 2010), and also
cerned strongly with justice concerns). more general personal uncertainty-provoking
Furthermore, other recently obtained findings experiences (Van den Bos, 2001), this signals to
suggest that experiential mindsets may also influ- them that something potentially alarming may be
ence self-oriented affective responses to fair and going on that warrants their attention (Van den
unfair procedures that people have experienced Bos et al., 2008). As a result, the individuals
themselves (Maas & Van den Bos, 2009), and it involved are likely to engage in sense-making
has been suggested that these responses may and social appraisal processes in order to make
have a more heuristic quality than more cold- sense of what is going on and what they should
cognitive justice judgments (Van den Bos, 2007; expect will be happening (Van den Bos & Lind,
Van den Bos, Lind, Vermunt, & Wilke, 1997). 2013). Processes related to uncertainty manage-
Reactions to innocent victims normally may ment and self-regulation thus seem to be involved
involve more consistency-based reasoning (and in the formation of justice judgments, how peo-
hence more systematic information processing) ple use these judgments, and what function these
than people engage in when they experientially judgments play in people’s desire for justice. It is
blame innocent victims. More research is needed to a brief review of current work on the issues of
to test this assumption as well as to examine in uncertainty management and self-regulation that
detail all the implications this line of reasoning we now turn.
may have for intuitive and rationalistic perspec-
tives on moral reasoning (see, e.g., Beauchamp,
2001; Haidt, 2001, 2003; Pizarro & Bloom, 10.2.1 Future Orientation
2003), earlier studies on rationalistic and experi- and Managing Personal
ential processes pertaining to blame and cultural Uncertainty
worldview defense (see, e.g., Alicke, 2000;
Hirschberger, 2006; Simon et al., 1997), and When trying to understand why uncertainty
possible differences and similarities between frequently has strong effects on people’s reac-
procedural justice and belief in a just-world tions, it is interesting to note that most humans
effects (see, e.g., Hafer & Bègue, 2005; Lerner & nowadays live in delayed-return cultures in
Whitehead, 1980; Maas & Van den Bos, 2009; which future rewards often are delayed (Martin,
Van den Bos & Maas, 2009). 1999). In these cultures, an important issue is how
10 Psychological Processes Underlying the Justice Motive 189

people deal with these and other uncertainties between their efforts and their payoff, and they
(Bal & Van den Bos, 2012). may find at the end of these periods that their
According to Woodburn (1982a, 1982b, 1988; efforts did not pay off. By that time, it may be too
see also Feit, 1994; Testart, 1982), the large late for them to switch to an alternate strategy.
majority of people nowadays live in cultures that This leads individuals in delayed-return societies
are composed of various sorts of societal agree- to focus more on the past (“did I invest enough?”)
ments and social arrangements that ask individu- and the future (“will I obtain the results I desire?”)
als to put in effort that may or may not pay off in than people in immediate-return cultures
the long run. A good example is the raising and (Meillassoux, 1973; Turnbull, 1962; Woodburn,
educating of children in modern societies. Lerner 1988). Similarly, in contexts in which delayed
(e.g., 1977) has argued convincingly that a lot of returns are more emphasized or more salient, past
socialization processes can be characterized by and future orientation will be more important
parents, teachers, and other adults informing chil- (relative to contexts in which people are better
dren how to behave such that they are “a good able to live in the “here and now”).
boy” or “a good girl.” These behaviors range from From the analysis we have presented here fol-
toilet training (with very young children), to lows that an important aspect of how people live
social skills (“play nice with the other kids”), their lives in delayed-return cultures has to do
writing and math skills (“getting a good education with the issue of how they deal with the uncer-
will get you somewhere in this world and thus it is tainties they encounter in their lives and in their
somehow important to learn how to solve loga- cultures (Van den Bos, 2009a). How do individu-
rithm problems”), and listening carefully to your als in delayed-return societies cope with the
coach during soccer practice. The idea is that uncertainties and delays presented to them by
grown-ups inform children what is the appropri- their culture? We argue that people have devel-
ate way of how to behave, with the implicit or not oped mechanisms designed to give them confi-
so implicit message that when the child conforms dence that their efforts will pay off. These include
to these rules, the adult or role model (parent, such things as formal long-term binding commit-
teacher, sport coach, etc.) will value the child, and ments (such as marriage) and adherence to cul-
as a result, the child will be rewarded in the long tural worldviews and ideologies that justify their
run. These rewards can be both material and efforts. These worldviews comprise of (but are
social, and they come in different sorts, such as not restricted to) the protestant or puritan work
getting ice cream for desert, praise from the ethic (Weber, 1958) and the belief that the world
teacher, or being awarded a place in the starting is a just place where bad things only happen to
lineup of the soccer team. In other words, children bad people (Lerner, 1977, 1980).
are assured that if they perform certain behaviors The work ethic idea by Weber (1958) is a
or adopt certain values, they will receive a posi- social mechanism that demands the cooperation
tive outcome later in life—an outcome that may of specific others. Unless both individuals in a
or may not be realized. In the delayed-return cul- social commitment hold up their end of the deal,
tures in which we are living (Woodburn, 1982a, there is likely to be no payoff to the efforts of one
1982b, 1988), we engage in immediate effort for or both parties. Moreover, the motivation to
payoffs that are delayed and whose occurrence uphold one’s end of a deal is strengthened in
depends on the maintenance of specific social delayed-return societies by the societal sanction-
arrangements (e.g., your society will still value ing of a power hierarchy. Individuals in delayed-
individuals who can solve logarithm problems). return societies have explicit laws and give
Thus, in delayed-return societies there is often certain members of the society (e.g., the police)
a delay between the efforts individuals exert and the power to enforce those laws.
the feedback they receive regarding the outcome With regard to the belief in a just world, theo-
of their efforts. As a result, individuals may fre- rizing and research suggest that the need to
quently experience periods of uncertainty believe in a just world develops when children
190 K. van den Bos and M. Bal

begin to understand the benefits of foregoing The model proposes that people develop and
their immediate gratifications for more desir- adhere to cultural worldviews to be able to toler-
able, long-term outcomes. Evidence for delayed- ate this uncertainty. Building and extending on
return aspects of the just-world hypothesis these insights, Bal and Van den Bos (2012)
comes from research by Hafer (2000b) who argued that in order to tolerate the personal
revealed that the more one focuses on long-term uncertainty associated with adopting a future ori-
goals, the more essential is the belief in a just entation, people may adhere to the belief in a just
world and the more one will work at maintaining world more strongly. In other words, we sug-
this belief when it is threatened. As predicted, gested that one way of dealing with intolerance
strong long-term focus participants reacted more of personal uncertainty associated with focusing
negatively toward an innocent victim (as opposed on the future is adhering to the belief in a just
to a victim who was not innocent), presumably world more strongly and thus react more nega-
to maintain the belief that the world is a just tively toward innocent victims. Combining these
place where good things happen to good people ideas we proposed and showed that intolerance
and bad things to bad people. Hafer also showed of personal uncertainty associated with a future
that the more one focuses on long-term invest- orientation underlies negative reactions toward
ments, the stronger one’s belief in the just world innocent victims.
(see also Hafer et al., 2005). Related to this,
Callan, Shead, and Olson (2009) revealed that an
extant just-world threat may induce a desire for 10.2.2 Self-Regulation and the
smaller, immediate rewards at the expense of Justice Motive
larger, delayed rewards.
Building on this line of reasoning, Bal and Partly based on the above-mentioned reviews, we
Van den Bos (2012) argued that motivational pro- would like to suggest that dealing with threats to
cesses underlying responses to just-world threats people’s just-world beliefs constitutes a moti-
typically take place in contexts where people are vated self-regulation process. Loseman and Van
dealing with issues of personal uncertainty in den Bos (2012) argued that an implication of this
delayed-return contexts. More specifically, we assumption is that when self-regulation is
proposed that a focus on the future enhances impaired, the aversive threat experience will con-
intolerance of personal uncertainty. People often tinue, making it more likely that people are
have to invest time, money, and energy now in inclined to regulate the threat by blaming and
order to obtain a reward later. And while several derogating an innocent victim. In contrast, when
influential social psychological theories focus on self-regulation is facilitated, chances are higher
the importance and benefits of delaying gratifica- that the threat will be regulated more easily,
tion and striving for long-term goals (e.g., which removes the urge to blame and derogate
Metcalfe & Mischel, 1999; Muraven, Tice, & the victim. Loseman and Van den Bos tested
Baumeister, 1998), delayed rewards are often these predictions in studies that examined the
uncertain, which could lead to feelings of per- influence of impairment and facilitation of
sonal uncertainty or self-doubt (Van den Bos, self-regulation on how people deal with just-
2009a). Therefore, we expect that a strong future world threats.
orientation can make people more intolerant of In their 2012 article, Loseman and Van den
these feelings of personal uncertainty. Bos noted that processes of self-regulation need
According to the uncertainty management self-regulation resources (Baumeister, Bratlavsky,
model (Van den Bos, 2001, 2009a, 2009b; Van Muraven, & Tice, 1998). This implies that short-
den Bos & Lind, 2002, 2009), personal uncer- comings in the availability of these resources lead
tainty is defined as a subjective sense of doubt or to the insufficient functioning of motivated self-
instability in self-views, worldviews, or the inter- regulation processes. The state in which self-
relation between the two (Van den Bos, 2009a). regulation resources are depleted is known as
10 Psychological Processes Underlying the Justice Motive 191

ego-depletion (Baumeister et al., 1998). Research Findings of the two studies supported the
on ego-depletion typically tests the effect of per- self-regulatory function of the justice motive.
forming one self-regulation task on performance That is, as predicted, Study 1 showed that when
of any subsequent task that involves self- self-regulation resources were depleted, partici-
regulation (e.g., Vohs, Baumeister, & Ciarocco, pants blamed the innocent victim more for her ill
2005). This effect entails that ego-depletion (by fate when the situation constituted a stronger
means of an earlier self-regulation task) impairs just-world threat (i.e., the perpetrator had not
following processes of self-regulation. been caught) compared to when this threat was
Loseman and Van den Bos (2012) further weaker (i.e., the perpetrator had been caught).
argued that the effect of ego-depletion can be Study 2 revealed that self-affirmation—known
counteracted by intervention strategies for facilitating self-regulation—caused the blam-
(Schmeichel & Vohs, 2009). One such psycho- ing of innocent victims to attenuate, leading par-
logical intervention is self-affirmation, basically ticipants not to blame the victim more when the
the enhancement of the perceived integrity of the just-world threat was higher.
self (Koole, Smeets, Van Knippenberg, & Taken together, these findings suggest that
Dijksterhuis, 1999; Schmeichel & Vohs, 2009; coping with just-world threats involves self-
Steele, 1988). Self-affirmation has been shown to regulatory processes leading to more or less
facilitate self-regulation in a whole range of dif- defensive reactions (like blaming innocent vic-
ferent settings, like in cases of rumination (Koole tims). When people’s self-regulatory resources
et al., 1999), the challenge of one’s beliefs are depleted, they react more negatively to inno-
(Cohen, Aronson, & Steele, 2000), threatening cent victims when they constitute a stronger
health messages (Sherman, Nelson, & Steele, threat to the belief that the world is a just place.
2000), and mortality threat (Schmeichel & Facilitating self-regulation, by means of self-
Martens, 2005). Therefore, both self-affirmation affirmation, enables people to cope with just-
and ego-depletion seem to be appropriate factors world threats, thereby inhibiting the urge to
when examining self-regulation processes of blame innocent victims. Thus, these results sup-
dealing with just-world threats. port the idea of a self-regulation basis of coping
Annemarie Loseman and Kees van den Bos with just-world threats as evidenced in both the
tested the above-mentioned predictions in two impairment of self-regulation caused by ego-
studies. In accordance with research on ego- depletion and the facilitating role of self-
depletion (e.g., Gailliot, Schmeichel, & affirmation (Loseman & Van den Bos, 2012).
Baumeister, 2006) and self-affirmation (e.g., Future research is needed to examine all the
Schmeichel & Vohs, 2009), the two studies ins and outs of our hypothesis that self-regulatory
focused on different parts of the self-regulation processes underlie important effects that are
process. In Study 1, ego-depletion was induced reported in the extensive literature on people’s
before participants received threatening informa- belief in a just world. In addition, research find-
tion that posed a strong (vs. weak) threat to their ings may yield more nuanced insights into the
belief that the world is a just place. In Study 2, functioning of the justice motive and the justice
self-affirmation was induced after participants judgment process than depicted thus far in this
received the information that strongly (vs. chapter. For example, Van Prooijen and Van den
weakly) threatened their just-world beliefs. Study Bos (2009) found some evidence that it is espe-
2 was conducted using a student sample and cially social (not individual) aspects of people’s
Study 1 was run in a non-student population. In self-construal that can make innocent victims par-
both studies participants were confronted with a ticularly threatening to just-world beliefs. This
reported event of an innocent young woman who would be the case because social self-construal
fell victim of a rape crime, which generally emphasizes the fact that similar others are vul-
entails a threat to the idea that in this world every- nerable to uncontrollable harm, which reminds
body gets what he or she deserves. observers of the unpredictability of their own
192 K. van den Bos and M. Bal

fates. Instead of speculating about these issues in world beliefs are threatened strongly enough to
more depth than seems warranted, we now turn lead people to want to restore their belief that the
to our conclusions and a discussion of some world is just by blaming and derogating innocent
issues pertaining to research methodology when victims for what happened to them. We are also
studying the justice motive. putting forward this hypothesis (which can be
tested systematically in future research) because
rationalistic and experiential processes seem to
10.3 Discussion affect the functioning of the justice motive in dif-
ferent ways than Lerner (2003) envisioned (Van
In the current chapter, we examined psychologi- den Bos & Maas, 2009, 2012). This does not
cal processes that may underlie people’s justice imply that the justice motive would be a weak
concerns. The psychological processes we motive only, not at all. But it does suggest that it
focused on included both social-cognitive and may not be that easy to get people to blame and
motivational processes. In particular, we dis- derogate innocent victims. Partly in response to
cussed a two-phase model of self-interest and these issues, our work in progress currently also
justice concerns, rationalistic and experiential focuses on the more positive and empathic reac-
paths to blaming of innocent victims and their tions to innocent victims that people may also
relationship with explicit just-world beliefs, show in robust and reliable ways (see, e.g., Bal &
future orientation and coping with personal Van den Bos, 2014a, 2014b; Stel, Van den Bos, &
uncertainty, and self-regulatory processes per- Bal, 2012; Stel, Van den Bos, Sim, & Rispens,
taining to the just-world motive. 2013). We are also studying these more positive
Future research is needed to examine all the reactions to victims because these reactions tend
ins and outs of all the findings we discussed, to be somewhat understudied in just-world
including the robustness of the findings and how research.
to operationalize dependent and independent We are raising the issue of the robustness of
variables (see, e.g., Van den Bos & Lind, 2013). effects studied because we think that more atten-
For example, although we often find blaming tion to appropriate specific details of research
and derogation of innocent victims, it frequently studies would make the justice literature even
turns out to be quite difficult to obtain these stronger than it already is. This is also an impor-
effect in our lab or when testing our hypotheses tant reason why we included relevant details of
in a non-student population (Bartelds, 2013), the studies we reviewed here. We did this in the
also when we include vivid and involving stimu- hope that this would increase insight into the psy-
lus materials (Killaars, 2013). In fact, it is our chology of the justice motive (and related pro-
impression that just-world effects are primarily cesses) and that this, in turn, would yield a more
found in reliable ways when participants respond robust and even more exciting psychological sci-
to deeply involving stimulus materials in which ence of justice concerns.
they witness terrible crimes such as innocent For instance, we noted explicitly that the two-
victims being raped or sexually abused and not phase model of people’s self-interested and
when participants witness somewhat “less justice responses has been tested thus far mainly
awful” events such as someone being beaten up in the context of reactions to advantageous ineq-
or being robbed. uity (Van den Bos et al., 2006). We think it is
This impression fits with a plea by Lerner important to be aware that certain fine-grained
(2003) to study the just-world hypothesis only by psychological processes can best be studied by
using emotionally involving stimuli. In contrast examining well-defined stimuli. Therefore, we
to Lerner (2003), however, it is our working stated that outcome arrangements of advanta-
hypothesis that our observation of sometimes geous inequity may be better suited to study the
non-robust just-world effects may suggest impor- conflict between self-interest and justice con-
tant boundary conditions before people’s just- cerns than many other stimuli often studied in the
10 Psychological Processes Underlying the Justice Motive 193

justice literature (Peters, Van den Bos, & tions in victim sensitivity may affect the
Karremans, 2008). Researchers would do well to processing of unjust and just information (e.g.,
pay appropriate attention to these kinds of meth- Baumert et al., 2012). This and other additional
odological specifics when developing their work clearly is relevant and important for a better
research designs. understanding of the cognitive and motivational
Related to this, we examined different con- processes relevant to justice judgments and jus-
ceptual models in this chapter. These models tice concerns.
may be related to some extent to each other, but The current chapter not only examined peo-
also differ in important ways and have different ple’s reactions to innocent victims (an issue on
explanatory value for different types of human which most just-world research focuses), but also
reactions. For instance, the two-phase model of reviewed theories and findings that examine
how people respond to advantageous inequity more generally how people calibrate genuine
(Van den Bos et al., 2006) and the dual-path concerns for justice with self-interested
model to victim derogation (Van den Bos & responses. In this way, the chapter aimed to inte-
Maas, 2009) focus on human responses that are grate just-world research with the broader litera-
clearly different from each other. In our view, it ture on the social psychology of justice judgments
would be best to adopt an integrative view on and justice concerns. In studying these issues, a
different theoretical perspectives and to try to central proposition formulated in this chapter is
integrate these perspectives when one can, but at that social-cognitive and motivational processes
the same time, one should not equate theories or underlying people’s reactions to innocent victims
studies that focus on outcome satisfaction as a make up pivotal parts of what makes us human
main dependent variable (e.g., Van den Bos and play a crucial role in how we use justice
et al., 2006) with those that concentrate on vic- judgments in our daily lives. In some way, one
tim blaming and victim derogation (e.g., Van den might say that the psychological processes that
Bos & Maas, 2009). Similarly, conceptual we study here move beyond the more traditional
frameworks of reflective and impulsive determi- view of just-world theory. We are not entirely
nants of social behavior (e.g., Strack & Deutsch, sure whether this interpretation of our findings
2004) are related, yet are clearly not the same as would be warranted. In contrast, how we see it is
models that focus on experiential and rationalis- that the research that we reviewed here is inspired
tic processes (e.g., Epstein, 1985). In other by the groundbreaking work on the justice motive
words, not only “the devil is in the detail” (as the by Lerner and others. And by examining the psy-
proverb goes), but appropriate attention to con- chological processes we focus on in this chapter,
ceptual and methodological details is also we hope to contribute a bit to what we see as the
needed for advanced theoretical and empirical process-oriented grounding of the psychology of
progress in the area of the psychology of justice the justice motive.
judgments.
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Part III
Forms of Justice
Distributive Justice
11
Guillermina Jasso, Kjell Y. Törnblom,
and Clara Sabbagh

“Without justice, not even a band of thieves could


11.1 Introduction live together” (Cervantes); “Nature began the
injustice by the highly unequal way in which she
Humans form ideas of fairness, and they assess the endows individuals physically and mentally, for
fairness or unfairness of the rewards that they and which there is no help” (Freud, 1952).
others receive. These ideas and assessments set in The road from ideas to reliable scientific
motion a large train of behavioral and social con- knowledge takes many turns. This chapter pro-
sequences, at all levels of analysis, from allocation vides a flavor for that road, the Justice Road. We
and voting decisions to participation in strikes and begin with the briefest overview of the current
revolutions, from theft and grief to marital cohe- understandings, then step back to see the Road
sion and social cohesion. They occur in groups of that brought us here, finally press ahead to new
all sizes, from dyads to the entire world, and they theoretical and empirical outposts.
involve both groups and subgroups.
The pervasiveness and intensity of justice
assessments and sentiments has generated great 11.2 The Justice Road
writings—in philosophy, theology, literature, and,
for more than 200 years, social science. 11.2.1 Current Understandings
Extraordinary words echo across the centuries:
“Justice is equality” (Plato); “Justice is the bond of In the world of distributive justice there are three
men in states” (Aristotle); “Without justice, what key actors—
are kingdoms but giant robberies” (Augustine);
• Allocator
• Observer
G. Jasso (*) • Rewardee
New York University, New York, NY, USA
e-mail: gj1@nyu.edu
and four key terms—
K.Y. Törnblom
ETH Zurich, Zurich, Switzerland
e-mail: kjell.tornblom@his.se • Actual Reward
• Just Reward
C. Sabbagh
University of Haifa, Mount Carmel, Haifa 31905, Israel • Justice Evaluation
e-mail: csabbagh@edu.haifa.ac.il • Justice Consequences

© Springer Science+Business Media New York 2016 201


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_11
202 G. Jasso et al.

Fig. 11.1 The world of Actual


distributive justice Reward

Justice Justice
Evaluation Consequences

Just
Reward

The Observer forms ideas of the Just Reward Special theories provide descriptions of the
for the Rewardee. The Allocator assigns the Actual process by which the Observer forms ideas of the
Reward to the Rewardee. The Observer assesses Just Reward, the process by which the Allocator
the justice or injustice of the Actual Reward assigns the Actual Reward, and the process by
received by the Rewardee, generating the Justice which the Justice Evaluation leads to the Justice
Evaluation. The Observer’s Justice Evaluation trig- Consequences. These processes involve additional
gers the Justice Consequences. In a justice situa- terms, notably Rewardee characteristics, Observer
tion, a person may play one, or two, or all three characteristics, Allocator characteristics, together
parts. For example, a given person may be only with Reward characteristics and characteristics of
Observer or only Rewardee or only Allocator, or the social and temporal context. Some of the addi-
may be both Observer and Rewardee, or may be all tional terms combine to form (1) the allocation
three. To illustrate, a person who is both Allocator rules that guide the Allocator in assigning the
and Observer forms ideas of the Just Reward and Actual Reward and (2) the justice principles that
uses those ideas to assign the Actual Reward, albeit guide the Observer in forming the Just Reward.
in concert with other, non-justice, ideas. However, Thus, the processes leading to the Actual Reward
a non-Observer Allocator assigns the Actual and the Justice Consequences may involve a variety
Reward without benefit of justice ideas. of considerations. For example, when assigning the
For simplicity, the three key actors are Actual Reward, the Allocator reflects on Rewardee
described as if “person” refers only to natural characteristics, as does the Observer, when forming
persons. But, of course, all three can be corporate ideas of the Just Reward; however, there may be
persons. For example, the Rewardee may be a other inputs to the Actual Reward and the Just
social entity, such as a club or a country. Similarly, Reward besides Rewardee characteristics. The
the Allocator and the Observer may also be cor- inputs to the Actual Reward and the inputs to the Just
porate persons; examples include universities Reward may overlap, but they are not identical.
allocating funds to campus extracurricular orga- Accordingly, Fig. 11.1 embeds the three key
nizations and foundations allocating funds to actors—Allocator, Observer, Rewardee—and the
nongovernmental organizations, and both form- four key terms—Actual Reward, Just Reward,
ing ideas about the Just Reward. Justice Evaluation, and Justice Consequences—
The theoretical heart of distributive justice in four basic processes:
involves the relations among the four terms and
their determinants and consequences. Figure 11.1 1. Actual Reward Process. The Allocator, guided
provides a starting view. The Observer compares by allocation rules, uses Rewardee character-
the Actual Reward to the Just Reward and thereby istics and other inputs to generate the Actual
generates the Justice Evaluation, which then sets Reward for the Rewardee.
in motion the Justice Consequences. The Justice 2. Just Reward Process. The Observer, guided
Evaluation is the bridge that connects the Just by justice principles, uses Rewardee charac-
Reward and the Justice Consequences – and the teristics and other inputs to generate the Just
two great literatures associated with them. Reward for the Rewardee.
11 Distributive Justice 203

3. Justice Evaluation Process. The Observer The Just Reward became the bedrock of dis-
compares the Actual Reward to the Just tributive justice, illuminating not only the amount
Reward, generating the Justice Evaluation. (as in the homilies of St. Antoninus on the just
4. Justice Consequences Process. The Justice wage) but also matters of timing (“Pay them their
Evaluation triggers a long train of Justice wage each day before sunset” [Deuteronomy
Consequences, possibly incorporating non- 24:14]) and extending to the distribution of all
justice factors—stretching out to all domains material things and even to the natural goods
of human behavior and the social life and giv- (like beauty).
ing justice the character of a basic sociobe- The inputs to the Just Reward, especially
havioral force. Rewardee characteristics, were abstracted into
principles of justice—also called norms of justice
The challenge in the study of distributive or values of justice. Three foundational princi-
justice is to achieve reliable knowledge about ples of justice were introduced: equality, need,
these processes. Importantly, they may be and merit. The literature is rich with discussions
Allocator-specific, Observer-specific, and/or of these principles, their interpretation, and con-
Rewardee-specific, and they may be Reward- flicts between them, and rich as well in memora-
specific and/or shaped by the sociotemporal ble words, such as the Marx-Blanc-Morelly
context, thus requiring careful theoretical and (Marx, 1875/1959) or koinonial (Acts 2:44–45,
empirical analysis.1 4:34–35) prescription: “From each according to
his ability, to each according to his need.”
The process by which the Observer forms
11.2.2 Travels on the Justice Road: ideas of the Just Reward is multiform. In the end,
Before the Twentieth all that matters is the Just Reward. But the Just
Century Reward may arise in many ways. It may be gener-
ated by the Rewardee’s characteristics, as dis-
The Actual Reward was the first to appear. Of cussed above, the Observer calculating the just
course, it was a plain reward, unadorned by returns to personal characteristics (guided by con-
“Actual,” which would not be necessary until the siderations of need and merit and their observable
idea arose of the Just Reward. The reward could be indicators). But it may also be generated by the
anything, both the natural goods like beauty and Rewardee’s previous Actual Reward, by another’s
musical talent and the social goods like material Actual Reward, or, more deeply, by a parameter
possessions. Moreover, the idea of reward encom- (such as the mean or median) of the distribution of
passed not only goods but also bads, like taxes Actual Rewards among a group or subgroup.
and punishments. There were rules for minimum It was understood from the start that discrep-
and maximum wages, and algorithms for a wide ancies between the Actual Reward and the Just
variety of rewards, including prize money for Reward lead to a large variety of Justice
capturing enemy ships.2 Consequences. Consider, for example, Epictetus’
prescriptive principle: “Do not seek to have
events happen as you want them to, but instead
1
The four processes describe the operations and activities want them to happen as they do happen, and your
highlighted in the list of four central questions compiled
life will go well” (Epictetus, Handbook, Counsel
by Jasso and Wegener (1997), which integrated two ear-
lier rival lists of three questions each (Jasso, 1978, p. 8, 1983). Many stories provide vivid illustration,
1400; Wegener and Steinmann, 1995). such as the story of Cain and Abel and the story
2
For example, naval prize money plays a prominent part of Snow White’s stepmother. But key aspects
in Jane Austen’s novel Persuasion, set in 1814–1815. The remained shrouded in mystery. Clarity would
rules for dividing the prize money among a British ship’s
come with understanding of the determinants of
personnel at the time of the Napoleonic Wars were based
on the Cruisers and Convoys Act of 1708, described in the Just Reward and understanding of the Justice
Lavery (1989). Evaluation.
204 G. Jasso et al.

In the story of Cain and Abel, the Allocator 11.2.3 Travels on the Justice Road:
gives different rewards to the two brothers, Cain The Twentieth Century
forms the idea of the Just Reward for self based
on Abel’s Actual Reward, compares (as Observer) As the social sciences advanced in the quest for
own Actual Reward to own Just Reward, and as a reliable knowledge about human behavioral and
result kills Abel. In the Snow White story, Snow social phenomena, a variety of ideas, insights,
White’s stepmother sets the Just Reward for self and theoretical accounts emerged to sharpen
equal to the top rank in the beauty hierarchy; understanding of distributive justice. Here we
when Snow White replaces her stepmother in the focus on a few of them, arranged thematically.
top rank, the stepmother compares her Actual
Reward (second rank) to her Just Reward (top The Three Actors. The Rewardee was inherited
rank), and as a result orders Snow White’s death. fully formed. But developments of the twentieth
The path to the Justice Evaluation in the century cast new light on Allocator and Observer.
Justice Road achieves new sharpness with The Allocator became a key actor in the work of
Marx and William James. In “Wage Labour Lerner (1975, 1980), Leventhal (1976), and
and Capital,” a treatise based on lectures deliv- Blalock (1991). Meanwhile, the Observer became
ered in December 1847, Marx (1849/1968, pivotal in Austin and Walster (1975, pp. 478–494)
p. 84) begins with the celebrated thought- and Jasso (1978, p. 1400). The actors may be cor-
experiment on the hut and the palace: porate persons as well as natural persons (Jasso
A house may be large or small; as long as the sur- & Wegener, 1997).
rounding houses are equally small it satisfies all
social demands for a dwelling. But let a palace Rewards. As the social sciences blossomed in the
arise beside the little house, and it shrinks from a twentieth century, it became clear that rewards
little house to a hut … the occupant of the rela-
tively small house will feel more and more uncom- are endemic to the social sciences, and pivotal to
fortable, dissatisfied and cramped within its four distributive justice. As Actual Reward, they are
walls. the “what” of “who gets what, and why” in the
study of social stratification across a wide swath
In the Principles of Psychology, James of disciplines. Similarly, as Just Reward, they are
(1891/1952, p. 200) analyzes the individual’s the “what” of “who should get what, and why” in
production of self-esteem: the study of distributive justice, also across a
[Our self-feeling] is determined by the ratio of our wide swath of disciplines. When the Rewardee is
actualities to our supposed potentialities; a fraction a corporate person, the Reward may be a group
of which our pretensions are the denominator and characteristic or property such as average income
the numerator our success; thus, Self- or income inequality.
esteem = Success/Pretensions. Such a fraction may
be increased as well by diminishing the denomina-
tor as by increasing the numerator. To give up pre- Rewards—Properties. The twentieth century saw
tensions is as blessed a relief as to get them new interest in the wide variety of rewards,
gratified…. reward domains, classifications of rewards, and
properties of rewards. Notable contributions are
The Marx and James passages encapsulate two found in the work of Adams (1963), Blalock
key advances along the Justice Road. First, Marx’s (1991), Blau (1964), Deutsch (1975, 1985), Foa
hut and palace morph into the Actual Reward and (1971), Goode (1978), Homans (1961, 1974),
the Just Reward, respectively, as do James’ suc- and Jencks et al. (1972). For example, Adams
cess and pretensions. Second, comparison of the (1963, p. 423), restricting attention to the work-
hut to the palace, like comparison of success to place, lists such rewards as pay, fringe benefits,
pretensions, yields the Justice Evaluation and its type of office furnishings, type of parking space,
kindred outcomes, like self-esteem and relative and so on. Importantly, some rewards are inputs
deprivation. to other rewards—examples include schooling
11 Distributive Justice 205

and earnings. Rewards also differ widely in their basic pay, plus nontaxable allowances for meals
measurement properties, some cardinal (like ($2,954.88) and housing (which vary by resi-
pay), some ordinal (like beauty or skill), and dence in government quarters and by location),
some qualitative (like a smile, hair color, or a plus possibly special pay such as hazardous duty
request for advice). pay for aircrew members ($1,800). At the other
end of the spectrum, a top general earns
Rewards—Properties—Goods and Bads. While $181,501.20 in basic pay, and the top military
modern treatments of distributive justice cover officer (e.g., the Chief of Staff of the Army)
both goods and bads, implicitly or explicitly receives $253,767.60. Meanwhile, in Major
(Berger, Zelditch, Anderson, & Cohen, 1972, League Baseball, the minimum annual salary is
p. 128), systematic research has been less com- $500,000. However, team payroll varies from
mon on bads than on goods. Two pioneering $44,474,300 among the Houston Astros to
lines of research on bads are the Törnblom line $238,841,005 among the Los Angeles Dodgers,
(Sabbagh & Schmitt, 1998; Törnblom, 1988; and thus the top salaries also vary enormously,
Törnblom & Jonsson, 1985, 1987) and the Rossi ranging to 30 million dollars. When Allocators
line (Hagan, Ferrales, & Jasso, 2008; Rossi & have wide discretion, the scientific challenge is to
Berk, 1997; Rossi, Simpson, & Miller, 1985). discover how they decide on the Actual Reward,
for example, how much weight they place on pro-
Determinants of the Actual Reward. Importantly, ductivity, market forces, and unit cohesion.
the inputs to the Actual Reward may involve a Like employers, judges may be subject to
variety of elements and reasonings. At least since sentencing guidelines or relatively free in setting
Leventhal (1976) it has been understood that punishments. In some situations bargaining is
many considerations beyond justice may guide widespread. In still other situations, the general
the Allocator. These elements, reasonings, and public operates as a set of Allocators, determin-
considerations combine to form the allocation ing, by their consumption decisions the earnings
rules. Moreover, the process by which the of writers and entertainers. Finally, parents and
Allocator generates the Actual Reward may teachers routinely act as Allocators, teachers for
depend systematically not only on Rewardee a sequence of schoolchildren, parents for a sin-
characteristics but also on Allocator characteris- gle set. Parents decide how to allocate time,
tics, Reward characteristics, and the sociotempo- investments, gifts, and, finally, bequests.
ral context. Teachers decide how to allocate time, praise,
Allocation rules, like rewards, command wide grades, and so on.
attention in the social sciences. They may be Scientific research provides wide scope for
thought of, roughly, as the “why” in “who gets studying allocation rules in the rich and richly dif-
what, and why”—showing how inputs are con- ferent settings. The classic earnings function
verted into the Actual Reward. Allocation con- introduced by Mincer (1958) shows how earnings
texts run the gamut from situations constrained depend on schooling and experience. Leventhal
by rigid rules set in advance to situations in which (1976) analyzes the objectives and strategies of
individual Allocators have wide, possibly total, allocation decisions, especially in the workplace.
discretion. To illustrate, employers may be sub- Blalock (1991) provides a comprehensive frame-
ject to pay scales or relatively free in setting work for analyzing allocation. Finally, separate
wages. Consider two contrasting examples—pay literatures explore the behavior of those two ubiq-
in the military and in baseball. Military pay in the uitous sets of Allocators—parents and teachers
United States is set legislatively and is well (Behrman & Rosenzweig, 2004; Biberman-
known; pay charts can be consulted on the Shalev, Sabbagh, Resh, & Kramarski, 2011;
Internet. A college graduate commissioned as an Sabbagh, Resh, Mor, & Vanhuysse, 2006).
entry-level second lieutenant in the Army or Air An incipient line of inquiry, to be considered
Force in 2015 earns, annually, $35,211.60 in in Sect. 11.3, is that the allocation rules used
206 G. Jasso et al.

implicitly or explicitly by Allocators may differ et al. (1981) introduced the distinction between
systematically by the configuration of Allocator, principles of microjustice, which pertain to
Rewardee, Reward, and spatiotemporal context. Rewardee characteristics, and principles of
A second incipient line of inquiry pertains to macrojustice, which focus on what the entire
discrepancies between allocation rules and/or distribution should look like.
subrules, discrepancies which may also be Meanwhile, the principles of justice spawned
context-specific. a large variety of subprinciples. The literature is
rich with reasonings about justice principles and
Determinants of the Just Reward. An early view, subprinciples. New empirical methods, such as
discussed by Merton and Rossi (1950), is the the factorial survey, make it possible to test for
idea that the Just Reward varies as a function of the effects of multiple justice principles and
another person’s Actual Reward or as a function subprinciples.
of a parameter of the Actual Reward Distribution As with allocation rules, an incipient line of
(or a subdistribution thereof). This notion has inquiry, to be discussed in Sect. 11.3, is that the
the virtue that it involves reference groups but justice principles used implicitly or explicitly by
the weakness that it seemingly ignores direct Observers may differ systematically by the con-
operation of most Rewardee characteristics. figuration of Observer, Rewardee, Reward, and
Nonetheless, the Just Reward is sometimes spatiotemporal context. A second incipient line
formed in this way, as in the story of Cain and of inquiry pertains to conflicts between justice
Abel or the case of gender-specific Just Rewards principles and/or subprinciples, discrepancies
(Jasso 1981, pp. 357–358). which may also be context-specific.
The importance of Rewardee characteristics in
forming the Just Reward was soon noted by The Hatfield Principle—Observer-Specific Just
Homans (1961), Adams (1963, 1965), and Berger Reward. Crosscutting the determinants of the
et al. (1972). The key insight underlying their Just Reward is a fundamental principle owed to
reasonings is that ideas of the Just Reward are Elaine Hatfield: “Equity is in the eye of the
based, as Adams (1963, p. 425) put it, on beliefs beholder” (Walster, Berscheid, & Walster,
about the “relations between input and out- 1973/1976, p. 4). Thus, as with the Allocator, the
comes,” such as the American belief that “effort process by which the Observer generates the Just
and reward must be positively correlated.” Reward may depend systematically on Observer
Though this view led in their work to different characteristics. Hence, the challenge is to discern
models and setups (and different labels—for patterns and weights of justice principles and
example, Rewardee characteristics are “invest- subprinciples across Observers and link them to
ments” for Homans and “inputs” for Adams), Observer characteristics.
two things are noteworthy. First, there is an
essential similarity between the Homans and Parallel Structure of the Actual Reward and the
Adams formulations, as discussed and visualized Just Reward and Their Associated Processes.
by Brown (1986, p. 78). Second, the Just Reward The Allocator, guided by allocation rules and
remains implicit in Homans and Adams but subrules, assigns the Actual Reward; the process
becomes explicit in Berger et al.—as the depen- may be Allocator-specific, conditioned by
dent variable in a new Just Reward Function Allocator characteristics. Similarly, the Observer,
(Jasso, 1978, 1983a). guided by justice principles and subprinciples,
But Rewardee characteristics are not the only forms ideas of the Just Reward; the process may
considerations guiding formation of the Just be Observer-specific, conditioned by Observer
Reward. The justice principles, which may be characteristics. Both allocation rules and justice
thought of, roughly, as the “why” in “who principles are attentive to Rewardee characteris-
should get what, and why,” also consider the tics, to Reward characteristics, to the resulting
totality of the outcome distribution. Brickman distributions, and to the spatiotemporal context.
11 Distributive Justice 207

Table 11.1 Parallel structure of the Actual Reward Process and the Just Reward Process
Actor Guided by Generates
1. Actual Reward Process
Allocator Allocation rules Actual Reward
2. Just Reward Process
Observer Justice principles Just Reward
Notes: The Actual Reward Process may be Allocator-specific, conditioned by Allocator characteristics.
Similarly, the Just Reward Process may be Observer-specific, conditioned by Observer characteristics.
Both allocation rules and justice principles are attentive to Rewardee characteristics, to Reward
characteristics, to the resulting distributions, and to the spatiotemporal context

An incipient challenge is to identify the effects of positive numbers representing unjust overreward.
each of the possibly many, and possibly compet- Explicit definition of the continuous Justice
ing, allocation rules in the Actual Reward Process Evaluation is important because precise mea-
and justice principles in the Just Reward Process, sures of magnitudes of experienced injustice are
and to contrast their operation in the two pro- necessary in order to understand responses to
cesses. For example, the effect of effort on stu- injustice, as Adams (1963, p. 426) noted in his
dent assessment may differ across the Actual earliest work.
Reward Process and the Just Reward Process,
and, importantly, may also differ across particu- The Justice Evaluation Function. Comparison of
lar teachers, particular students, and particular the Actual Reward to the Just Reward yields the
schools. Similarly, the effect of schooling on Justice Evaluation. It is evident from the definition
wages may differ across the Actual Reward of the Justice Evaluation that if the Actual Reward
Process and the Just Reward Process, and, impor- is equal to the Just Reward, the Justice Evaluation
tantly, may also differ across particular employ- indicates perfect justice (represented by zero), and
ers, particular workers, and particular sectors of it is evident that if the Actual Reward is less than
the economy. For visual concreteness, Table 11.1 the Just Reward, the Justice Evaluation indicates
provides a schematic representation of the paral- underreward (represented by negative numbers),
lel structure of the Actual Reward Process and while if the Actual Reward is larger than the Just
the Just Reward Process. Reward, the Justice Evaluation indicates overre-
ward (represented by positive numbers).
The Justice Evaluation. The Justice Evaluation— But what is the exact relation between the
the assessment that an Actual Reward is just or three terms? Empirical analysis of assessments of
unjust—had long been implicit. In the twentieth the fairness or unfairness of the incomes of ficti-
century it gradually became explicit, emerging tious people, collected from a probability sample
first as a three-category variable in Homans of adult respondents, led to discovery of a special
(1961, pp. 72–78), Adams (1963, p. 425ff, 1965, relation among the three terms, namely, a relation
p. 282), Anderson, Berger, Zelditch, and Cohen in which the Justice Evaluation varies as the loga-
(1969), Berger et al. (1972), and Austin and rithm of the ratio of the Actual Reward to the Just
Walster (1975)—with categories of unjust under- Reward (Jasso, 1978):
reward, perfect justice, and unjust overreward—
æ Aö (11.1)
next as a nine-category variable in Jasso and J = q ln ç ÷ ,
Rossi (1977)—four degrees each of underreward èC ø
and overreward, plus perfect justice—finally as a where J denotes the Justice Evaluation, A denotes
continuous variable in Jasso (1978), with zero the Actual Reward, C denotes the Just Reward,
representing the point of perfect justice, negative and θ is the signature constant. The sign of the
numbers representing unjust underreward, and signature constant, called the framing coefficient,
208 G. Jasso et al.

is positive for goods and negative for bads; the ently, when the loss or gain equals a fraction of
absolute value of the signature constant, called the Just Reward equal to the Golden Number,
the expressiveness coefficient, measures the or approximately .618 (Jasso, 2006, p. 209; van
Observer’s expressiveness. den Bos, Cropanzano, Kirk, Jasso, & Okimoto,
This special relation – the Justice Evaluation 2015, pp. 239, 241–243).
Function – embeds many useful and appealing The tradition of Homans, Adams, and Berger
properties (Alwin, 1987; Berger, 1992; Liebig and et al., discussed above as it relates to the Just
Sauer, 2016, Chap 3 of this handbook; Shamon Reward, has special relevance to the Justice
and Dülmer, 2014; Turner and Stets, 2006; Evaluation. That tradition dichotomized both the
Wagner and Berger, 1985; Whitmeyer, 2004). inputs and the outcome. Given that the inputs gen-
These properties include deficiency aversion— erate the Just Reward and that the outcome is the
the property that deficiency is felt more keenly Actual Reward, inferences about the Justice
than comparable excess (also known as loss Evaluation could have been made immediately.
aversion)—long considered central in matters of For example, Adams’ (1963) analysis of the
justice (Adams, 1963, p. 426; Adams, 1965, dichotomized inputs and outcomes of two work-
p. 282; van den Bos, Cropanzano, Kirk, Jasso, & ers, incorporating his assumption of a “positive
Okimoto, 2015, pp. 238–239; Brown, 1986, correlation between inputs and outcomes”, makes
p. 78; Homans, 1961, pp. 75–76; Törnblom it possible to infer the sign of the Justice Evaluation
1977a, p. 11; Wagner & Berger, 1985, p. 719). To of each of the two workers. To illustrate, if a
illustrate, if the Just Reward is 10, an Actual worker has Low inputs and High outcome, that
Reward of 5 yields a Justice Evaluation of −.693, worker is overrewarded; and if a worker has High
but an Actual Reward of 15 yields a Justice inputs and Low outcome, that worker is underre-
Evaluation of +.405. warded. Thus, in this case of dichotomized inputs
Other useful properties of the Justice and outcomes, the sign of the Justice Evaluation—
Evaluation Function include scale-invariance whether negative for underreward, zero for per-
(the Justice Evaluation is the same regardless of fect justice, or positive for overreward—can be
the currency or denomination in which the Actual inferred solely from the inputs and outcome of a
and Just Rewards are measured—say, dollars or single worker. It is not necessary to compare the
yen, hundreds or thousands); symmetry (inter- input-outcome ratios of two workers to learn what
changing the Actual and Just Rewards changes Adams sought to learn about each worker, namely,
the sign of the Justice Evaluation but preserves its the “amount of inequity”.
absolute magnitude); and the equivalence of the Similarly, the Justice Evaluation Function
ratio representation favored by the Homans tradi- yields an equivalence between questions about
tion and the difference representation favored by the factors that shape the Justice Evaluation and
the Berger tradition—accomplished via the prop- factors that shape the Just Reward. For given
erty of logarithms that the logarithm of a ratio Actual Reward, the question whether a Rewardee
equals the difference between two logarithms. characteristic is associated with the Justice
The loss aversion property of the Justice Evaluation is equivalent to the question whether
Evaluation Function, mentioned above, leads that Rewardee characteristic is associated with
to a remarkable link to the Golden Number. It the Just Reward. For example, the question
was once believed that the loss aversion ratio whether women are less likely than men to report
was constant and universal at 2—loss felt twice that they are underpaid is equivalent to the ques-
as keenly as gain. The Justice Evaluation tion whether women are more likely than men to
Function, however, implies that the loss aver- report low Just Earnings for themselves, and the
sion ratio cannot be constant, and that it equals question whether men report more severe under-
2 when the Actual Reward equals the Just payment than women is equivalent to the ques-
Reward plus or minus the product of the Just tion whether men report larger Just Earnings than
Reward and the Golden Number—or, put differ- women.
11 Distributive Justice 209

Observer Effects and Justice Sensitivity. Some distribution of Justice Evaluations among their
Observers may be highly expressive, shouting members. Indeed, Berkowitz and Walster (1976,
their Justice Evaluation, while others may be reti- pp. xi–xii), Adams and Freedman (1976,
cent or subdued, whispering it. As well, some pp. 43–44), Homans (1976), Walster et al. (1976),
Observers may think about justice for longer and virtually every page of the far-seeing
periods of time than others, or a given Justice Berkowitz and Walster (1976) edited collection
Evaluation may occupy the mind for longer dura- titled Equity Theory: Toward a General Theory of
tions in some Observers than in others. These Social Interaction envision distributive justice
Observer-specific effects are an element in justice as a cornerstone of a general, mathematized
sensitivity (Baumert & Schmitt, 2016, Chap. 9 of sociobehavioral theory “with the capacity to
this handbook; Schmitt, 1996). explain and to predict a broad spectrum of social
behavior” (Adams & Freedman, 1976, p. 43).3
Justice Sensitivity and the Broader Set of Context- Theoretical analysis addressing the Justice
Specific Effects. Rewardee characteristics, Consequences has produced two kinds of theo-
Reward characteristics, and characteristics of the ries, a nondeductive theory and a hypothetico-
spatiotemporal context may also influence the deductive theory. Both have the Justice Evaluation
expressiveness coefficient as well as the framing Function as their starting assumption, and both
coefficient and the duration of the Justice yield testable propositions. However, the propo-
Evaluation. For example, a particular Observer sitions in the hypothetico-deductive theory are
may frame the Reward as a good for some deduced from the Justice Evaluation Function,
Rewardees and as a bad for others. Similarly, and thus their tests shed light on the relative fidel-
expressiveness may differ by characteristics of ity of the Justice Evaluation Function to the real
the Reward. unknown world. Because both have the same
starting assumption, they are sometimes com-
As with the Actual Reward and Just Reward bined into a hybrid theory.
Processes, an incipient challenge is to explore
how framing, expressiveness, and duration of the Justice Consequences—Nondeductive Theory.
Justice Evaluation differ or vary across configu- The nondeductive theory approach, based on
rations of Observer, Rewardee, Reward, and spa- Toulmin (1953)—see also Fararo (1989)—con-
tiotemporal context. structs propositions that link an aspect of the
Justice Evaluation—such as the Justice
Inequality, Poverty, and Justice. The Justice Evaluation itself, the absolute value of the Justice
Evaluation Function implies an explicit Evaluation, or the change in the Justice
mathematical connection between inequality, Evaluation—for one or more actors—or a feature
poverty, and justice. Overall injustice, repre- of the Justice Evaluation Distribution—such as
sented by the average of the Justice Evaluations, the absolute difference between the two Justice
can be decomposed into injustice due to inequal- Evaluations in a dyad, the proportion underre-
ity and injustice due to poverty (Jasso, 1999,
pp. 148–150, 2015a, p. 891). 3
Homans (1976, p. 231) cautions that justice cannot be the
only cornerstone of the envisioned theory, that status and
Justice Consequences. From the very start of jus- power also play foundational parts. In that spirit, Jasso
(2008, 2015b) proposes a new unified theory based on
tice research, social scientists have been struck
three fundamental forces—justice, status, power—each
by the far-reaching behavioral and social conse- operating on the same raw elements of personal quantita-
quences of the sense of justice (Adams, 1963; tive characteristics like beauty and wealth, but character-
Jasso, 1980; Walster et al., 1976). Moreover, the ized by a distinctive rate of change. For example, as
wealth increases, the Justice Evaluation, status, and power
social life can be regarded as fundamentally a
all increase, but the Justice Evaluation increases at a
meeting of justice sentiments; and groups of all decreasing rate, status at an increasing rate, and power at
sizes can be described and characterized by the a constant rate.
210 G. Jasso et al.

warded (i.e., the proportion with negative J), the matics is the power tool, enabling long deductive
proportion overrewarded (the proportion with chains which take the theory “far afield from its
positive J), the average of the Justice Evaluations original domain” (Danto, 1967, pp. 299–300).
(also known as the Justice Index), and so on— Purely verbal arguments tend to tether the
with observable reactions to injustice—such as deduced consequences to overt phenomena in the
mechanisms to restore justice or the individual’s assumptions, constraining fruitfulness and
propensity to depression or the dyadic cohesion destroying the possibility of novel predictions.
or the societal propensity to revolution. This Instantiation, for example, cannot produce novel
approach is implicit in much of justice theorizing predictions, for novel predictions are novel pre-
and predates explicit development of the Justice cisely because nothing superficially evident in
Evaluation. the assumptions could lead to them.
To illustrate, Törnblom (1977a) explored the A large set of testable predictions has been
crossclassification of the three-category Justice derived. Although a few predictions were
Evaluation, producing nine cells. For example, obtained in Jasso (1980), explicit deductive deri-
one of the two Rewardees might be underre- vation dates to Jasso (1983b). Examples of pre-
warded and the other justly rewarded, or one dictions obtained to date include:
underrewarded and the other overrewarded, etc.
The particular cell should give rise to distinctive 1. A thief’s gain from theft is greater when steal-
reactions both for each Rewardee and for the ing from a fellow group member than from an
relation between them. Törnblom (1977a) also outsider, and this premium is greater in poor
notes that the magnitudes of the Actual Rewards groups than in rich groups.
may matter independently (they would go into 2. Parents of two or more non-twin children
the vector of other factors). For example, a CEO will spend more of their toy budget at an
judging herself underrewarded and a clerical annual gift-giving occasion rather than at the
worker overrewarded and reflecting on their situ- children’s birthdays.
ations may react differently and behave differ- 3. Blind persons are less at risk of eating disor-
ently than a clerical worker judging herself ders than are sighted persons.
underrewarded and the CEO overrewarded. 4. In a materialistic society, social distance
Further, there may be precise links between the between subgroups always increases with
configuration of Justice Evaluations and the inequality.
Justice Consequences (Törnblom, 1977b). 5. Veterans of wars fought away from home are
Using similar reasoning, Jasso (1993, p. 243) more vulnerable to posttraumatic stress disor-
proposed that the combination of negative Justice der than veterans of wars fought on home soil.
Evaluations about self and positive Justice 6. In populations (or subpopulations) in which
Evaluations about others triggers revolution. That husbands earn more than their own wives,
is, if people both judge themselves as underre- the divorce rate will increase with husbands’
warded and judge others as overrewarded, the average earnings and wives’ earnings inequal-
stage is set for large reactions to injustice. ity and decrease with wives’ average earnings
and husbands’ earnings inequality.
Justice Consequences—Deductive Theory. The 7. In a group with subgroups, the lower-ranking
hypothetico-deductive approach treats the Justice in each subgroup will attach to the subgroup
Evaluation Function as a postulate—a Popperian and the higherranking in each subgroup will
guess about the nature of the world—and deduces think of themselves as individuals and band
testable consequences. Theoretical derivation is together in a third (emergent) subgroup.
not automatic, especially if the goal is the “mar-
velous deductive unfolding” which not only Some of the predictions have been explicitly
yields a wealth of implications but also reaches tested, others are consistent with previous empir-
novel predictions (Popper 1963, p. 221, see also ical research, and many others await test. For
p. 117, pp. 241–248). In this endeavor, mathe- example, the prediction about parental gift-giving
11 Distributive Justice 211

is consistent with known patterns of toy sales in a large set of Justice Consequences. We noted the
the United States (Jasso, 1993), and the predic- Hatfield Principle, whereby ideas of justice are
tion of earnings distribution effects on divorce Observer-specific, and the work of Leventhal
rates is consistent with Bellou’s (2013) finding (1976) and others, whereby allocation decisions
that as male wage inequality increases, the are Allocator-specific. And we further noted that
divorce rate decreases. the operations in the four processes may also be
Theoretical analysis of Justice Consequences specific to the Rewardee, the Reward, and fea-
also yields interpretations of rare events, such as tures of the spatiotemporal context.
the invention of mendicant institutions in the thir- One of the most exciting ideas of the first
teenth century and of detective fiction in the decade-and-a-half of the twenty-first century per-
19th—both attributable to a switch in valued tains to the possibility that there may be configu-
goods from ordinal goods like birth to cardinal rations of particular kinds of Rewards and
goods like wealth. And it also suggests the exis- spatiotemporal contexts, together with matched
tence of fundamental constants, including a con- pairs of Allocator-and-Rewardee or Observer-
stant governing the switch between valuing and-Rewardee, leading to distinctive sets of allo-
cardinal and ordinal goods. cation rules and justice principles. For example,
the allocation rules guiding a teacher-as-Allocator
Crosscutting All the Terms—Justice Contexts. The may differ by student characteristics, classroom,
relations embodied in the foregoing processes are and temporal era, as well as whether the Reward
thought to vary systematically not only with char- is praise, gold stars, or grades. Similarly, the jus-
acteristics of the Observer, Rewardee, and tice principles guiding Observers in the same
Allocator but also with characteristics of the situation—including students, their parents, other
Reward, the time period, and the society, giving citizens, societal Guardians, etc.—may also dif-
rise to the mnemonic broats (which stands for the fer by all the factors in the allocation situation,
characteristics of the benefit or burden, the plus teacher characteristics. The same can be said
Rewardee, the Observer, the Allocator, the time of bequest situations involving parents and chil-
period, and the society). For example, consistent dren and a variety of rewards, such as cash,
with the Hatfield Principle, every empirical analy- stocks, real estate, furniture, and photographs.
sis that has tested for Observer-specific Just This section provides a brief look at the excit-
Reward Functions and signature constants has ing new ideas, as well as the models that may be
rejected homogeneity, finding instead that used to assess them empirically.
Observers have distinctive ideas of justice and dis-
tinctive styles of expressing the Justice Evaluation.
11.3.1 New Outposts on the Justice
Road: A Multiplicity
11.3 New Outposts of Allocation
on the Justice Road Rules and Justice Principles

Above we discussed key elements in the study of Allocation rules figure prominently in several
distributive justice, including the three actors and disciplines and subdisciplines—illuminating
four terms, together with the four processes in such disparate domains as school grades, college
which they are embedded: The Allocator, guided admission, earnings attainment, criminal sen-
by allocation rules, generates the Actual Reward tencing, property division in divorce, and
for the Rewardee. The Observer, guided by jus- bequests. Justice principles figure prominently in
tice principles, generates the Just Reward for the the study of the fairness or unfairness of alloca-
Rewardee. The Observer compares the Actual tions in all those domains. The set of allocation
Reward and the Just Reward, generating the rules and the set of justice principles overlap, but
Justice Evaluation. The Justice Evaluation triggers they are not identical; for example, some of the
212 G. Jasso et al.

mechanisms identified by Blalock (1991) and Actual Reward and the justice principles used to
Leventhal (1976)—such as incentives for future arrive at the Just Reward. Virtually every study
performance—are not likely to appear as justice that has examined both Actual Rewards and Just
principles. Rewards has found at least some discrepancies.
Nonetheless, in part because often the
Allocator and the Observer are one and the same
and in part because the two sets overlap, it is use- 11.3.2 New Outposts on the Justice
ful to examine both literatures. The current chal- Road: The Hatfield Principle,
lenge is to establish typologies and taxonomies Voting, and Inequality
of both allocation rules and justice principles.
First steps include reviews of allocation rules in Above we discussed the Hatfield Principle,
particular domains, such as college admissions, whereby ideas of the Just Reward are Observer-
prison sentencing, earnings attainment, and specific. Thus, Observers are likely to disagree
bequests; for example, Biberman-Shalev et al. with each other about what constitutes the Just
(2011) examine teacher characteristics and allo- Reward for any Rewardee. And, indeed, as noted,
cation rules embedded in classrooms. In the every empirical study that has tested for interOb-
realm of justice principles, useful overview and server differences has rejected interObserver
exploration are provided by Törnblom and homogeneity. Suppose that the allocation rule for
Kazemi (2012a, 2015). Note that the two litera- wages in a particular workplace calls for voting
tures nourish each other, each providing material by a committee of wage-setters; each wage-setter
that may be useful to the other. recommends a wage for each worker, and the
Allocation rules have subrules, and justice Actual Wage for each worker will be the average
principles have subprinciples. For example, of the recommended amounts. Now suppose that
Törnblom and Kazemi (2012a) formulate a “jus- each wage-setter acts as Observer, forms an idea
tice tree” which depicts subprinciples of each of of the Just Reward for each worker, and recom-
the three main principles (equality, need, merit) mends that Just Reward. Then the Actual Reward
and as well provide for further subsets of the per- for each worker will be the average of the Just
formance subtype of the merit principle. Rewards recommended for that worker. It then
Sometimes, allocation rules come in conflict follows, by fundamental statistical theorems on
with each other and justice principles come in the variance, that the larger the number of wage-
conflict with each other, as Törnblom and Kazemi setters and the greater their disagreements, the
(2012a, 2015) observe. Other times they are not lower the inequality in the distribution of Actual
in conflict, they merely coexist, and matter to Rewards (Jasso, 2009, 2015a, pp. 888–889).
greater or lesser extent in this or that situation or Thus, the combination of the Hatfield Principle
to this or that Allocator or Observer. For example, and voting lowers inequality.
some employers weight punctuality and others
do not, and some weight experience more highly
than others, etc. Similarly, Observers judging the 11.3.3 New Outposts on the Justice
justice of earnings differ in the weights they Road: Reward Characteristics
attach to schooling, experience, etc. Parents-as-
Allocators may agonize as to whether to leave Ideas from the twentieth century about the impor-
equal bequests or instead to use bequests to tance of properties and characteristics of rewards
equalize their children’s financial well-being; and (discussed in Sect. 11.2.3) have emerged in the
children-as-Observers will have their own justice twenty-first century in newly invigorated form.
ideas on the matter. Building on Foa (1971), Törnblom and Kazemi
Moreover, in any situation, there may be dis- (2012b) have spearheaded a new and close look
crepancies between Allocators and Observers, at properties and characteristics of Rewards and
between the Actual Reward and the Just Reward, their operation in distributive justice processes.
between the allocation rules used to arrive at the A new challenge is to develop classification
11 Distributive Justice 213

schemes useful in configurations of Actual Actual Reward Process. Table 11.2 shows the
Rewards and Just Rewards. For example, a given theoretical equation in which the Actual Reward
Allocator may use different allocation rules for is the dependent variable, and the independent
Rewards with different properties and character- variables are the broadest range of factors play-
istics, and similarly a given Observer may use ing a part in the allocation rules—namely,
different justice principles for Rewards with dif- Allocator characteristics, Rewardee characteris-
ferent properties and characteristics. Of course, tics, Reward characteristics, and characteristics
concomitantly, for the same Reward, the alloca- of the spatiotemporal context. For convenience,
tion rules that guide the Allocator may differ we use X to denote independent variables which
from the justice principles that guide the play a part in both the Actual Reward Process and
Observer, adding to the richness of distributive the Just Reward Process and Y to denote indepen-
justice situations. dent variables which operate only in the Actual
The new conceptual ferment is evident on Reward Process.
every page of Törnblom and Kazemi’s (2012b)
Handbook. Researchers from a variety of disci- Just Reward Process. Similarly, we report in
plines and approaches find new directions to Table 11.2 the equation in which the Just Reward
explore. And these expand when placed along- is the dependent variable, and the independent
side the multiplicity of allocation rules and jus- variables are the broadest range of factors playing
tice principles. a part in the justice principles—namely, Observer
Empirical assessment of these crosscutting characteristics, Rewardee characteristics, Reward
operations is no easy matter. We turn next to a characteristics, and characteristics of the spatio-
brief consideration of formal models and research temporal context. As before, X denotes indepen-
designs for studying them.4 dent variables which play a part in both the Actual
Reward Process and the Just Reward Process, and
now Q denotes independent variables which oper-
11.3.4 New Outposts on the Justice ate only in the Just Reward Process. Observer
Road: Formal Models effects on the Just Reward Process exemplify
and Research Designs some of the sensitivity effects introduced by
for Empirical Justice Analysis Schmitt (1996) and discussed in Baumert and
Schmitt (2016, Chap. 9 of this handbook).
The theoretical and empirical challenges are clear.
In this Section we develop a few theoretically Justice Evaluation Process. We already know
guided formal models and research designs to that the Justice Evaluation depends on compari-
help meet the challenges. We already considered, son of the Actual Reward and the Just Reward, as
in Sect. 11.2.3, the Justice Consequences and the shown in equation (1), Table 11.2, and Fig. 11.1.
Justice Consequences Process, together with But we still need to study determination of the
developments of the twentieth century in formu- signature constant θ, expressed in terms of its two
lating two kinds of theory—nondeductive and components, the framing coefficient (the sign of
hypothetico-deductive—and testing the ensuing θ) and the expressiveness coefficient (the abso-
empirical propositions. Accordingly, here we lute value of θ), as well as the duration of the
focus on the first three of the four processes: the Justice Evaluation. Accordingly, the section of
Actual Reward Process, the Just Reward Process, Table 11.2 on the Justice Evaluation Process
and the Justice Evaluation Process. reports three equations besides the Justice
Evaluation Function, each with its own depen-
dent variable, the framing coefficient in one, the
4 expressiveness coefficient in the second, and the
For fuller discussion of models and research designs,
including tools for distinguishing between what people duration of the Justice Evaluation in the third.
think, say, and do in justice matters, see Jasso (2015c). The independent variables are the same as in the
214 G. Jasso et al.

Table 11.2 Summary of formal models


1. Actual Reward Process
ln ( A ) = SdX + SgY
2. Just Reward Process
ln (C ) = SbX + SlQ
3. Justice Evaluation Process
æ Aö
J = q ln ç ÷
èC ø
q = Sb X + Sl Q
sgn ( q ) = SbX + SlQ
T ( J ) = SbX + SlQ

Just Reward Process, the full set of Observer, weights in producing the Actual Reward and the
Rewardee, and Reward characteristics, plus char- Just Reward, whether experience operates the
acteristics of the spatiotemporal context. As in same way, and so on. If, on the other hand, the
the Just Reward Process, Observer effects on the equations are estimated separately in subsamples—
Justice Evaluation Process exemplify some of the say, men and women, and/or different coun-
sensitivity effects introduced by Schmitt (1996) tries—the results will inform about differences in
and discussed by Baumert and Schmitt (2016, the effects of the independent variables on the
Chap. 9 of this handbook). Actual Reward and the Just Reward separately
within the sex-specific and/or country-specific
Some Research Designs. There are very many subsamples, leading to further results concerning
potential research designs, and each addresses a gender and country differentials in congruence
particular set of questions and collects particular between the Actual Reward Process and the Just
kinds of data. Some designs assess only one of Reward Process.
the three Processes, others two, others all three. The basic design can be elaborated in several
Some designs collect many judgments from each ways, including more restricted subsamples and
respondent and/or follow respondents over time, more specific hypothesis tests. As well, this
others not. Here we discuss five basic research design makes it possible to test for differences in
designs. All can be fruitfully elaborated. As well, the unobservables in the Actual Reward equation
other designs can be formulated and fielded. and the Just Reward equation.5

Design 1. Respondent is both Observer and Design 2. Respondent is both Observer and
Rewardee, and data are collected on both the Rewardee, and data are collected on both the
Actual Reward and the Just Reward. This design Actual Reward, the Just Reward, and the Justice
makes it possible to estimate jointly both the Evaluation. This design requires that the Justice
Actual Reward equation and the Just Reward Evaluation be measured in as refined a way as
equation in a sample or several subsamples. If possible—for example, by using a number
estimated in a single sample, this design yields
estimates of summary parameters of the two 5
For examples of this design, see Jasso and Resh (2002),
equations, leading to test of the set of hypotheses who found that actual grade and just grade are shaped in a
that each independent variable operates the same similar way by student ethnicity and parental education
way in generating the Actual Reward and in gen- but are affected differently by gender and ability, and
Jasso and Wegener (1999), who found large variability in
erating the Just Reward. To illustrate, in a study
the mechanisms by which actual earnings and just earn-
focused on earnings, the results will inform ings are determined both across gender and across
whether schooling has the same or different country.
11 Distributive Justice 215

matching task. In addition to all the analyses that plished via one of two protocols, (1) by regress-
can be carried out using the Design 1 protocol, ing the Justice Evaluation on the natural log of
this design makes it possible to also estimate the the Actual Reward, separately for each respon-
framing and expressiveness equations. dent, or (2) by regressing the Justice Evaluation
A preparatory step is required. The Justice on the natural log of the Actual Reward and the
Evaluation is regressed on the logarithm of the Rewardee characteristics, again separately for each
ratio of the Actual Reward to the Just Reward in respondent. At the second step the Just Reward is
a set of thirty or forty subsamples (chosen to rep- calculated for each respondent-Rewardee combi-
resent substantively meaningful partitions, such nation; this is accomplished by using an algebraic
as men living in a given city who are of a certain re-statement of the Justice Evaluation Function,
age, etc.). That regression yields one estimate of where the Just Reward is expressed in terms of the
the signature constant for each subsample. The Justice Evaluation, the Actual Reward, and the
expressiveness coefficient can then be regressed signature constant θ. At the conclusion of the two
on the characteristics of the subsample; and the preparatory steps, the stage is set for the two fol-
framing coefficient can be analyzed via a binary lowing steps. First, the Just Reward is regressed
probit or logit. on Rewardee characteristics, separately for each
respondent, yielding respondent-specific esti-
Design 3. Respondent is Observer, and data are mates of the just returns. Second, the just returns
collected on the Just Reward for multiple to Rewardee characteristics, the expressiveness
Rewardees. The Rewardees can be actual persons coefficient, and the framing coefficient are
or fictitious; if fictitious, this is a factorial survey. regressed on respondent characteristics (using a
In both variants of this design, the Just Reward is binary probit or logit for the framing coefficient
regressed on Rewardee characteristics, separately regression). This design thus yields information
for each respondent. The estimates obtained for not only about the joint operation of Observer
each respondent—concerning the effects of and Rewardee characteristics on the Just Reward
Rewardee characteristics on the Just Reward, as but also about the effects of Observer characteris-
well as the equation R-squared—are then tics on framing and expressiveness.
regressed on respondent characteristics. This A simple elaboration—providing multiple
design (sometimes called a direct design because randomly attached Actual Rewards for each
it directly measures the Just Reward) thus yields Rewardee—makes it possible to go further and
estimates of the joint operation of Observer and estimate the effects of Rewardee characteristics
Rewardee characteristics on the Just Reward. on each respondent’s framing and expressive-
Elaborating the design would yield additional ness, illuminating new kinds of impartiality.
estimates. For example, if each respondent rated Design 5. Respondent is Observer, and the
two different Rewards per Rewardee—say, respondent keeps a diary of all justice-related
grades and praise in a schooling context, or wages thoughts and behaviors—for example, Just
and pensions in an earnings context, or cash and Rewards and Justice Evaluations—about both
keepsakes in a bequest context—estimates of the self and others. This design makes it possible to
effects of Reward characteristics would also be assess the duration of Justice Evaluations and
obtained. estimate the effects of Observer characteristics,
Design 4. Respondent is Observer, and data Rewardee characteristics, and Reward charac-
are collected on the Justice Evaluation about the teristics on duration, and possibly as well the
Actual Rewards randomly attached to multiple effects of characteristics of the spatiotemporal
fictitious Rewardees. This is a factorial design, context.
sometimes called the one-reward-per-rewardee Note that fielding these designs simultane-
indirect design. This design has two preparatory ously in different countries and different time
steps. The first step is to estimate the signature periods and about different Rewards would add
constant θ for each respondent; this is accom- valuable knowledge.
216 G. Jasso et al.

11.4 Concluding Note Adams, J. S., & Freedman, S. (1976). Equity theory revis-
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Humans form ideas of fairness, and they assess the mental social psychology (Vol. 9, pp. 43–90).
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(1969). Reactions to inequity. Acta Sociologica, 12,
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1–12.
sequences, at all levels of analysis, across farflung Austin, W., & Walster, E. (1975). Equity with the world:
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This chapter provided an overview of the Sociometry, 38, 474–496.
Baumert, A., & Schmitt, M. (2016). Justice sensitivity. In
world of distributive justice, starting with the
C. Sabbagh & M. Schmitt (Eds.), Handbook of social
three key actors—Allocator, Observer, and justice theory and research (pp. 161–180). New York,
Rewardee—and the three key terms—Actual NY: Springer.
Reward, Just Reward, Justice Evaluation, and Behrman, J., & Rosenzweig, M. R. (2004). Parental allo-
cations to children: New evidence on bequest differ-
Justice Consequences—and embedding them in
ences among siblings. Review of Economics and
four basic processes: the Actual Reward Process, Statistics, 87, 637–640.
the Just Reward Process, the Justice Evaluation Bellou, A. (2013). Male wage inequality and marital dis-
Process, and the Justice Consequences Process. solution: Is there a link? (IZA Discussion Paper No.
7331).
These processes may vary by the configuration of
Berger, J. (1992), Expectations, theory, and group pro-
Allocator, Observer, Rewardee, Reward, and fea- cesses. Social Psychology Quarterly, 55, 3–11. Based
tures of the spatiotemporal context. The chal- on 1991 Cooley-Mead Award address.
lenge is to accumulate reliable knowledge about Berger, J., Zelditch, M., Jr., Anderson, B., & Cohen, B. P.
(1972). Structural aspects of distributive justice: A
their operation, and to that end the chapter briefly
status-value formulation. In J. Berger, M. Zelditch, &
examined theoretical contributions and empirical B. Anderson (Eds.), Sociological theories in progress
research designs. (Vol. 2, pp. 119–246). Boston, MA: Houghton
Along the way, the chapter discussed (1) the Mifflin.
Berkowitz, L., & Walster, E. (1976). Preface. In
link between inequality, poverty, and injustice, (2)
L. Berkowitz & E. Walster (Eds.), Advances in experi-
the possibility that, given the Hatfield Principle mental social psychology (Vol. 9, pp. xi–xiii).
whereby ideas of Just Rewards vary across New York, NY: Academic.
Observers, voting rules that produce Actual Biberman-Shalev, L., Sabbagh, C., Resh, N., & Kramarski,
B. (2011). Grading styles and disciplinary expertise:
Rewards by averaging Just Rewards may reduce
The mediating role of the Teacher’s perception of the
inequality in the Actual Reward Distribution, and subject matter. Teaching and Teacher Education, 27,
(3) the longstanding idea that distributive justice, 831–840.
by yielding implications for farflung topical Blalock, H. M. (1991). Understanding social inequality:
Modeling allocation processes. Newbury Park, CA:
domains, is a cornerstone of the emerging general
Sage.
theory of behavioral and social phenomena. Blau, P. M. (1964). Exchange and power in social life.
New York, NY: Wiley.
Brickman, P., Folger, R., Goode, E., & Schul, Y. (1981).
Micro and macro justice. In M. J. Lerner and S. C.
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Procedural Justice
12
Riël Vermunt and Herman Steensma

social interactions and goal attainment. Moreover,


12.1 Introduction fair procedures help to accept allocation of duties
and burdens. In the aftermath of these pioneering
Justice is a phenomenon that is studied from works, many studies have been devoted to facets
many disciplines like philosophy, political sci- as the antecedents, the process, and the conse-
ence, sociology, economy, law, and finally also quences of procedural justice. In the present chap-
social psychology. Tyler (2012) remarks in his ter, we will work out each of the three facets of the
overview of the history of justice and morality study of procedural justice and describe the rele-
research that classical texts on social psychology vant theories and research. After having described
did not even mention the study of justice. From a short history of procedural justice research with
the sixties onwards, however, the study of justice a special focus on the core principles, we will dis-
and its different forms, distributive justice, proce- cuss antecedents, processes, and consequences of
dural justice, retributive justice, and restorative procedural justice, followed by a Conclusion and
justice, has received increased attention in social Discussion section.
psychology. In the current handbook, each of
these categories is discussed in a separate chapter
(see Chaps. 11–14 of this handbook). 12.2 The Core Principles
Gonzales and Tyler define procedural justice of Procedural Justice (PJ)
experiences of people as “…how fairly they are
treated” (Gonzales & Tyler, 2007, p. 91). In the procedural justice area, it is hypothesized
Procedural justice or fairness should be conceived that the way allocation decisions are made influ-
of as a dimension that runs from fair to unfair. ences the reactions of people to these decisions.
Pioneers of the study of procedural justice were Satisfaction of people in situations where out-
Rawls (1971) and Thibaut and Walker (1975), comes (tasks, money, goods, social outcomes, etc.)
who developed ideas about the influence of proce- are allocated is heavily influenced by the proce-
dures on establishing and maintaining stable dures used in the situation. Giving a complete
review of the history of PJ is not possible, due to
space limitations. We therefore discuss the core
R. Vermunt (*) • H. Steensma
principles of PJ, roughly in “historical” order.
Leiden University, Leiden, The Netherlands
e-mail: Vermunt@fsw.leidenuniv.nl; Steensma@fsw. The term procedural justice in the legal arena
leidenuniv.nl appeared first in a study by Thibaut, Walker, &

© Springer Science+Business Media New York 2016 219


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_12
220 R. Vermunt and H. Steensma

Lind, 1972. The study aimed to assess the influence preconceptions of allocators are not allowed to
of adversary information presentation on legal play a role in the decisions. The accuracy rule
decision making. Perceptions of the fairness of pro- prescribes that all decisions should be based on
cedures may be influenced by several factors. information that is good and accurate. However,
Thibaut et al. (1972) were the first to demonstrate sometimes decisions are made that may have
how procedures used to arrive at a court decision undesirable effects or that have violated proce-
have strong effects on fairness judgments, indepen- dural fairness norms. Therefore, the correctabil-
dent of the favorability of the outcomes. Researchers ity criterion should be included in the list of fair
have offered several explanations of the effects pro- procedures. This criterion implies the existence
cedures may have on outcome evaluation. Some of opportunities to ask for modifications of deci-
researchers adhere to the view that instrumentality sions, so persons have the right to appeal against
is the key, i.e., the better a procedure serves your a decision. Representativeness is the rule that the
interests, the more fair it is perceived to be. If you concerns of all important (sub)groups and indi-
somehow are able to control procedures, you will viduals are somehow represented in the alloca-
evaluate these procedures as fair. This explanation tion process. This is often realized by giving
was also discussed by Thibaut and Walker (1975). voice, or by the appointment of persons who rep-
However, they made an interesting distinction resent the (sub)groups. This representativeness
between two forms of control: Decision control rule stimulates participation of workers in deci-
and process control. Decision control refers to con- sion making committees in organizations (see
trol over the actual decisions that are made, while Cohen, 1985). Finally, the ethicality rule pre-
process control refers to control over the presenta- scribing that allocation processes must be com-
tion of evidence. Thibaut and Walker studied pro- patible with high ethical standards. Leventhal’s
cedural justice in a legal setting. They argue that procedural rules rely strongly on the instrumental
people want control—either decision control or value of procedures. Two models were developed
process control—because control is seen as instru- focusing on the non-instrumental value of
mental to the attainment of desirable outcomes. procedures.
Process control is, actually, a form of “voice”, i.e., The relational model of procedural justice and
people have a say, they have the right to present the group value model pay special attention to
their personal view on reality and on the causal relationship issues (Lind & Tyler, 1988; Tyler &
chain of events, but they don’t have the formal Lind, 1992). Procedures and treatments that seem
power to make the final decision (Folger, 1977). to indicate a positive relationship between the
Decision control in general will be seen as more person and his/her group or authority are judged
instrumental than process control. Still, most peo- to be fair. Three factors are the most important
ple are highly satisfied with procedures in which predictors of procedural fairness: trust, standing,
they have process control. However, sometimes and neutrality. We will discuss this in the section
special characteristics of persons, situations, allo- on antecedents of procedural justice. Here we
cations, and types of resources may lead to lower note that the fairness criteria of the relational and
levels of perceived fairness and/or less positive group value model combine procedures with
effects (see later in this chapter). ways of behaving in social interactions. There are
A very practical model of procedural justice also researchers who make an explicit distinction
was developed by Leventhal (1980). He described between procedural (in)justice and interactional
six rules or criteria that if followed will result in (in)justice. For example, Bies and Moag (1986)
more positive procedural justice judgments. The published a study on interactional justice, in
first criterion is consistency: Allocation proce- which they discuss four communication criteria
dures must be applied consistently, both across of fairness. These criteria are truthfulness (be
people and over time. The second criterion, bias candid and truthful in the communication with
suppression, states that personal self- interest and your interaction partner), respect (polite, respectful
12 Procedural Justice 221

communication), propriety (refrain from Table 12.1 Aspects of procedural and interactional
justice
improper comments, don’t ask about irrelevant
private matters), and justification (give adequate • Decision control (influence on outcomes)
explanations to justify decisions). Cohen (1991) • Process control; voice (opportunity to give opinion
and to present evidence)
also pointed out that a high quality of interaction
• Consistency rule (procedures are the same for
between parties is necessary to reach social jus- different persons, and consistent over time)
tice. In a later study, Bies (2005) tried to answer • Bias suppression (including suppression of
the question: “Is interactional justice merely a personal self-interest)
form of procedural justice?” His answer was • Accuracy (decisions should be based on accurate
“no”, and following the earlier analysis of information)
Greenberg (1993a, 1993b), he proposed that • Correctability (existence of methods for modifying
there are two different components of interac- decisions)
tional justice, namely informational justice and • Representativeness rule (take into account the
concerns and viewpoints of persons and groups
interpersonal justice. Moreover, Bies argued that affected by the decision)
justice concerns should be viewed more broadly, • Ethicality rule (use ethical principles)
in terms of encounters, and not just social • High quality of interaction (treat all persons well)
exchanges. It should be noted here that research- • Information (supply adequate and correct
ers paid attention to information as a criterion of information to all persons involved)
fairness in a rather late stage of organizational
justice research. However, many human resource
managers and organizational change consultants
have always been aware of the huge impact the ents or “trigger conditions” and consequences,
presentation of information may have. Keeping while social psychologists emphasize psycho-
people well-informed is a necessary condition for logical processes. In this chapter, we will con-
the successful implementation of organizational tinue discussing aspects of both procedural and
changes. Nowadays, attention has been paid to interactional justice. The main criteria of pro-
the aspect of adequate notice, or advance notice, cedural and interactional justice are summa-
particularly in studies that focused on perfor- rized in Table 12.1.
mance appraisal in organizations. See, for Procedural/interactional fairness judgments
instance, the studies of Kanfer, Sawyer, Earley, are based on the perception of the extent to which
and Lind (1987), Cropanzano and Randall enacted procedures and interactions comply with
(1995), Taylor, Tracy, Renard, Harrison, and the more or less “objective” principles (criteria)
Carroll (1995), Steensma and Visser (2007). The of procedural justice and interactional justice.
general finding in these studies was that adequate The perceived fairness of separate procedural and
notice has positive effects on the perceived pro- interactional aspects may be combined into a
cedural fairness of performance appraisals, on more general judgment of perceived fairness.
satisfaction with performance appraisal sessions, Researchers have developed scales to assess
and on acceptance of the outcomes and commit- individuals’ justice judgments of enacted proce-
ment to the organization. dures. In experimental research as well as in field
The theoretical position that a sharp dividing studies, several scales are used to measure indi-
line should be drawn between procedural and viduals’ justice judgments of the applied proce-
interactional justice is not very popular among dure. Colquitt and Shaw (2005, pp. 142–147)
social psychologists. However, most organiza- give representative examples of measuring pro-
tional psychologists view these forms as two cedural justice. In their Appendix, items to assess
clearly distinct constructs. This can perhaps be not only procedural justice, but also to assess the
explained by the emphasis organizational justice of distributive, interactional, and informa-
researchers place on (measurement of) anteced- tional rules/criteria are shown.
222 R. Vermunt and H. Steensma

12.3 Antecedents of Procedural Rosenblatt, Greenberg, Solomon, Pyszczynski, &


Justice Lyon, 1989). People have a basic anxiety related
to the experience of being mortal. Cultural values
12.3.1 When Procedural Justice developed in the past and present protect persons
Judgments Are Made from being reminded of these scaring thoughts
and the accompanying negative emotions. Positive
A major contribution to procedural justice theory experiences like being treated fairly push away
and research is made by Van den Bos and Lind the negative thoughts and feelings and reduce
(2002). They connect uncertainty management anxiety, while being treated unfairly brings those
with fairness. They state that fairness judgments negative thoughts and feelings to the foreground
are made in order to manage uncertainty. and thus increases anxiety. Persons have a strong
According to Van den Bos and Lind, people live appetite to be released from negative thoughts and
in a world which is fundamentally unpredictable: feelings as well as a strong appetite to experience
people cannot predict the future. Whether they do positive thoughts and feelings. The culture-anxi-
their best to get more information to predict the ety buffer has two components: Culture provides
future, this information simply is not available. values emanating from the view that the world is
This constitutes basic or structural (trait) uncer- a just place where good things occur to good peo-
tainty. The other situation occurs when people ple and bad things to bad people. The other com-
have insufficient information about “relation- ponent is related to the belief that people should
ships, agendas, or norms” (Van den Bos & Lind, live up to these standards. The first component is
2002, p. 4). The uncertainty stemming from this closely related to Lerner’s belief-in-a-just-world
lack of information is not basic: people can find concept (Lerner, 1980). In their study Van den
information to fill the knowledge gap. When peo- Bos, Poortvliet, Maas, Miedema, and Van den
ple would have (take) time to study the character- Ham (2005) showed that both uncertainty as well
istics of the situation, complete information, in as mortality salience affected emotional reactions
principle, can be achieved. This information to unfair treatment: both manipulations led to
gathering process costs time people often do not more anger and hostility when confronted with an
have. According to Van den Bos and Lind, this inaccurate procedure. However, uncertainty man-
lack of information constitutes state uncertainty. agement manipulation turned out to have a stron-
The authors further specify the type of informa- ger effect on subsequent reactions than mortality
tion persons lack and that provokes uncertainty: salience manipulation.
incompatibility between different cognitions, The relational model of authority and the
between cognitions and experiences, or between group-value model claim that judgments of pro-
cognitions and behavior. Further, the authors cedural justice are instigated by relational con-
assume that uncertainty management is a crucial cerns: trying to know one’s relationship to others
factor to instigate fairness judgments. For and to the group authority (Lind & Tyler, 1988;
instance, Van den Bos and Lind (2002) hypothe- Tyler & Lind, 1992). These models show ways
sized that especially in situations of social inter- how to reduce uncertainty and anxiety in social
dependence with the risk of being exploited, relationships. According to these models, proce-
information about fair treatment may reduce dures are evaluated by persons to get an indica-
uncertainty about this relationship. If recipients tion of how one is viewed by the group and by the
have no information about the trustworthiness of authority using these procedures. Procedures
the actor, fairness information is used as substi- have implications for feelings of self- worth and
tute to evaluate outcome characteristics like satis- for beliefs about the fair and proper functioning
faction with the outcome. of the group and/or the authority. Procedures that
Another approach to answer the question when are judged as fair often indicate a positive rela-
procedural fairness is important in peoples’ lives tionship between the person and his/her group or
is offered by Terror Management Theory (TMT; authority. However, procedures that are perceived
12 Procedural Justice 223

as unfair often are an indication that the person restore justice. Törnblom and Vermunt (2012)
has a negative relationship with an authority, argue that procedural justice theories “posit an
group, or organization. In the relational model of ideal (‘ought’) goal state toward which people
procedural justice, three factors are seen as the are assumed to strive. An ideal goal state is
most important predictors of procedural fairness: achieved when a person’s actual situation matches
Trust, standing, and neutrality. Trust involves the ideal. If the two do not match, the person will
beliefs about the good intentions of the authority perceive the situation as discrepant, resulting in
(the group leaders; managers who have power to psychological/ emotional and behavioral
make decisions about allocations). Authorities responses.” (Törnblom & Vermunt, 2012, p. 186).
that act ethically and demonstrate concern for the The sparking event, according to Bies and Tripp
needs and views of group members can be trusted (2004), that instigates feelings of unfairness is
to try to behave fairly. “Standing” has to do with when rules are violated or when a person is
one’s status position in a group. Information treated disrespectfully. In procedural justice the-
about the status position is communicated by the ories, discrepancy is defined as the mismatch
treatment group members receive. Dignified, between the actually applied procedural rule and
respectful, and polite treatment conveys the the rule considered just (e.g., Folger, 1987;
implicit message that one is seen as a valuable Lerner, 1980; Vermunt, Wit, den Bos, & Lind,
member of the group. Such treatment is perceived 1996), and the larger the discrepancy the more
as fair. The neutrality factor refers to neutral deci- unfair the procedure is evaluated. When the ideal
sion making, based on objective facts and on goal state is formed by strongly held convictions
honesty, and it involves the absence of bias and or strong obligations, the discrepancy between
prejudice. Tyler and Lind categorize the way an the ideal goal state and the perceived one will
authority treats persons to whom outcomes are result in strong emotions and motivates people
allocated as a form of procedural justice. strongly to restore the just state.
Apparently, their model combines more or less
formal procedures with ways of behaving in Physiological components of discrepancy. When
social interactions. The most important charac- recipients experience a discrepancy between, for
teristic of the group-value model is that treatment instance, voice promised by an actor and actual
by the authority is an indication of a persons’ sta- received voice, two pieces of information are
tus position in the group. compared with each other. The promised
(expected) voice and the actual received voice are
pieces of information retrieved from memory as
12.3.2 How Procedural Justice well as from the visual cortex. These pieces of
Judgments Are Made information may show a discrepancy which
means that the expected voice from memory and
In working out the operation of the justice motive the actual voice from the visual cortex do not fit.
(Lerner, 1980), one may assume that procedural So-called predictive coding models propose that
in justice will be experienced when the procedure this process of cognitive inference “proceeds as
received is felt as undeserved: The experienced an iterative matching process of top-down pre-
procedure deviates from what people think they dictions against bottom-up evidence along the
deserve. From Skitka and coworkers’ theoretical visual cortical hierarchy” (Egner, Monti, &
ideas (Skitka & Houston, 2001), one could infer Summerfield, 2010, p. 16601). It is further
that procedural injustices that touch people’s assumed that one group of units in the cortical
moral standing on an issue (moral convictions) hierarchy encodes conditional probability of a
have strong effects on subsequent attitudes and stimulus (expectation) and the other group of
behaviors. According to Folger (2001; Folger & units encodes the mismatch between predictions
Cropanzano, 2010), experiencing an injustice and bottom-up evidence. In case of word presen-
instigates a “deontic state” motivating people to tation as top-down process, it will be the striatum,
224 R. Vermunt and H. Steensma

amygdala, and orbitofrontal cortex (see O’ Brockner, Grover, Reed, & DeWitt, 1992),
Doherty, 2009). Especially when learning and Hemingway and Conte assume that fair proce-
consolidation of information in memory is dures have positive effects on victims’ as well as
accompanied by strong emotions, neural activity survivors’ fairness judgments of the layoff.
during detection of discrepancy is increased. Information about procedures in layoff cases is
received earlier than information about being laid
off. Hemingway and Conte (2003) asked 23 full-
12.4 Procedural Justice Processes time employees to evaluate the fairness of 100
hypothetical layoff practices. The results show
12.4.1 Procedural and Outcome that specifically severance package (financial
Information compensation) and managerial consistency had
by far the largest impact on fairness judgments.
The justice experience of procedures colors the Treating all personnel equally during the layoff
justice of outcomes and vice versa. Van den Bos, process was the main component of the manage-
Lind, Vermunt, and Wilke (1997) showed that rial consistency measure: the consistency over
when information about outcomes is missing, persons component rather than the consistency
procedural justice information functions as proxy over time component. People compare them-
for assessing the fairness of the outcome. Also the selves with others, and if a managerial decision
timing of the information is important for the outcome is negative, being treated in the same
influence of distributive justice information on way as others comforts a bit. It compensates for
procedural justice judgments (Van den Bos, the experienced status loss. Severance package is
Vermunt, & Wilke, 1997). Based on fairness heu- the most important factor influencing procedural
ristic theory (Lind, Kulik, Ambrose, & deVera fairness judgments.
Park, 1993), Van den Bos, Lind et al. (1997), Van Sobieralski and Nordstrom’s (2012) vignette
den Bos, Vermunt and Wilke (1997) predicted study supported only partly Hemingway and
that procedural information that is received before Conte’s (2003) results: The severance package
distributive information influences fairness judg- showed to be the most important determinant of
ments more than when procedural information is distributive fairness judgments and not of proce-
received after distributive information. dural fairness judgments of the layoff process.
Mayer, Greenbaum, Kuenzi, and Shteynberg Moreover, Sobieralski and Nordstrom found that
(2009) showed that when an outcome violates a layoff of senior employees affected most proce-
central aspect of a person’s identity, receiving dural and interactional fairness judgments. They
voice does not affect their judgments of the fair- explain this result by emphasizing that
ness of the procedure. The authors reason that “Participants may view it as disrespectful or an
people receiving an outcome that violates their insult to an employee’s company loyalty to be laid
identity will search for flaws in the procedure to off relative to a less senior employee.” (p. 16). So,
downgrade the unfavorable outcome. Participants it seems that information about procedures that is
indicating high identity violation showed lower received first does not in all conditions affect sub-
correlation between voice and procedural/distrib- sequent fairness judgments to the same degree.
utive fairness judgments than participants report-
ing low identity violation.
Another important aspect of people’s life is 12.4.2 Emotions and Cognitions
their job. Jobs constitute one part of person’s
identity and life fulfillment. Companies often use Emotions. Emotions have always played a crucial
downsizing to increase the company’s competi- role in justice theorizing and research. In justice
tive position. The consequence of this organiza- theories, emotion is a feeling state (Mullen, 2007)
tional change is that employees are laid off on a linked to a specific allocation event with a rela-
permanent basis. Following other authors (e.g., tive high intensity and relative short duration.
12 Procedural Justice 225

Emotions can be elicited by components of the unfair condition. A harmful and unfair procedure
allocation event: outcome, procedure, and elicits not only moral emotions, but also self-
resource type and resource valence. Emotions preservation emotions and results in feelings of
can function as information to evaluate the fair- injustice as well as frustration, ending in high
ness of a procedure (Van den Bos & Lind, 2002). resentment. Weiss, Suckow, and Cropanzano
Emotions can also be the consequence of justice (1999) reasoned that unfair procedures may have
experiences and affect judgments and behaviors. positive aspects and thus extended the cognitive
appraisal approach by introducing an unfair pro-
Emotionsas consequence. For long in the proce- cedure that may be favorable or unfavorable for
dural justice research tradition, emotion was the person. They showed that most anger was
regarded as the consequence of fair and unfair elicited when a negative outcome was achieved
allocations: people become angry after being by an unfair but favorable procedure.
treated unfairly and they feel delighted being
treated fairly. Mikula, Scherer, and Athenstaedt Emotionsas cause. Cropanzano, Stein, and
(1998) concluded from own and other’s research Nadisic (2011) underscore Mullen’s approach
that unjust events elicit emotions like anger and that emotions are antecedents as well as conse-
guilt. In the procedural justice realm, Folger quences of justice experiences. Moreover, from
(1987) found that participants experienced less their description of the relationship between self-
resentment when an unfavorable outcome was theories of justice and emotions, we conclude
combined with a fair procedure. In this type of that emotions are at the center stage of justice
studies—see also Greenberg (1993a, 1993b)— experiences. Mullen (2007) developed the affec-
participants react to the unfavorable outcome tive model of justice reasoning (AMJR) to
combined with a fair or unfair procedure. The account for the reactions of recipients and observ-
question is relevant whether participants will ers to an allocation procedure (and outcome).
also react emotionally to an unfair procedure Appraisal of an allocation event may be negative,
without information about the favorability of the eliciting certain emotions and subsequent actions.
outcome. In their study, Modde and Vermunt In case of a negative interpersonal treatment,
(2007) found that treating participants unfairly— recipients’ and observers’ appraisal elicits nega-
not applying the evaluation procedure that was tive emotions like anger, disgust, sadness or dis-
promised—elicited feelings of anger, irritation, appointment (Mullen, 2007, p. 19), affecting
and insult. The study was conducted in such a their fairness judgments. Thus, people becoming
way that participants received information about angry about a negative interpersonal treatment
the applied procedure before they received infor- will seek out information that is consistent with
mation about the favorability of the outcome. the “conclusion that events were unfair..” (p. 18).
Barclay, Skarlicki, and Pugh (2005) found for They engage in biased information processing to
inward-focused emotions (shame and guilt) that seek evidence that the event was unfair. People
respondents reported them most when an unfa- becoming sad about the negative interpersonal
vorable outcome was combined with a fair proce- treatment engage in substantive processing to try
dure. The unfavorable outcome was attributed to to make clear what is happening.
own functioning and not to the behavior of oth- Haidt and Graham (2007) as well as Skitka
ers. Moreover, the authors found that an unfair (2002) conclude that in evaluating the fairness of
procedure elicited anger regardless of the favor- allocation events, moral intuitions and moral
ability of the outcome. mandates may overrule other simulation tactics.
The cognitive appraisal theory of procedural Mullen and Skitka (2006; see also Skitka,
justice predicts that a procedure that is unfair but Bauman, & Mullen, 2016, Chap. 22 of this hand-
harmless will elicit less emotion than an unfair book) found that outcomes violating their moral
and harmful procedure (Cropanzano & Folger, mandate led to feelings of anger which in turn
1989). Resentment was highest in the harmful affected their justice judgments. In this line of
226 R. Vermunt and H. Steensma

reasoning, Skitka and Houston (2001) found that ponent in the arousal of anger. Findings indicate
the fair process effect was effective only when that anger elicits the experience of injustice.
the outcome was uncertain. In the conditions in
which the guilty defendant was convicted and the Cognitions. The cognitive approach of social jus-
innocent defendant was acquitted—in line with tice research was dominant from the very begin-
the participants’ convictions—the fair process ning. According to many researchers (Folger,
effect was reversed: the voice offered to defen- Rosenfield, & Robinson, 1983; Vermunt et al.,
dants was obstructing their moral convictions. 1996), social comparison gives a strong standard
Another way of relating emotions to fairness for evaluating the fairness of procedures. Folger
is offered by Miller (2001). In interpreting the views the comparison process as a heuristic pro-
impact of distributive justice and more that of cess with which persons try to understand their
procedural and interactional justice on emotions, world: the simulation heuristic derived from
theorists more and more are inclined, according work of Kahneman and Tversky (1982). Persons
to Miller, to emphasize the role of status enhance- use counterfactual thoughts to evaluate the fair-
ment. A salary increase not only conveys infor- ness of a procedure: the so-called referent cogni-
mation about a person’s material standing, but tions. The ease with which these counterfactual
also about his/her immaterial standing: the fact thoughts can be retrieved from memory forms a
that the company values the person’s contribu- strong condition for the appearance, for instance,
tion, affecting his/her status. Miller finds it there- of the fair process effect: the effect that a fair pro-
fore difficult to draw a sharp distinction between cedure ameliorates the negative effect of an unfair
distributive and procedural (in)justice (see also outcome (den Bos & Van Prooijen, 2001). Ease
Ambrose & Arnaud, 2005). In the case of proce- of retrieving alternative information has stronger
dural justice, the balance is different: More effects in no-voice than in voice conditions.
emphasis is on the immaterial basis than on the Heuristics are shortcut thoughts to define
material one. The distinction between the basis of quickly a situation, for instance, the relationship
procedural justice judgments and distributive jus- with an authority. Lind (2001) argued that valued
tice judgments is thus one of degree and not of resources can be achieved by identifying and
substance. Vermunt (2014) agrees with Miller accepting the directives of the authority. However,
and adds that distributive and procedural justice following the authority makes one vulnerable for
both are justice evaluations of different types of exploitation. Fairness heuristics judgments help a
resources. Distributive justice is often concerned recipient to gauge the trustworthiness and neu-
with the justice evaluation of material resources, trality of the authority. Lind et al. (1993) rea-
while procedural justice is often concerned with soned that authorities’ trustworthiness is often
the justice evaluation of immaterial resources difficult to settle and that recipients use fairness
(see also Törnblom & Vermunt, 2012). But this heuristics to make quick judgments. A fairness
distinction is more due to the research tradition heuristic is defined as “ a psychological shortcut
than to a theoretical stance. In some situations, a to decide whether to accept or reject the direc-
procedure can be material as well, as in the exam- tives of people in positions of authority”(p. 225).
ple of a bribe: the bribe is the way a person will Van den Bos, Vermunt, and Wilke (1997) tested
try to get a favorable outcome. Anyway, status or the main proposition of the fairness heuristic the-
prestige, according to Miller, is the crucial deter- ory that people form heuristically fairness judg-
minant of distributive and procedural and interac- ments by using whatever information is available.
tional justice evaluations. Miller (2001) Moreover, Van den Bos, Wilke, and Lind (1998)
concluded from an overview of relevant literature found that fairness heuristics are used to find out
that anger is related to disrespect and thus to a how trustworthy the authority is.
person’s status position. Being treated with disre- It is interesting to note that, later, Folger (see
spect elicits feelings of anger. Miller cites Lazarus e.g., Folger & Skarlicki, 2008) assumed that jus-
(1991) who asserts that insult is the primary com- tice has a deontic basis: applying a procedure
12 Procedural Justice 227

(or outcome) is based on the belief that an actor tors have been studied by justice researchers. For
has the moral obligation to do justice to recipients lack of space, we can only mention the main
and thus is obliged to apply a fair procedure. The moderators here ( i.e., personality factors; cross-
obligation is derived from a “general law” of doing cultural and context factors; demographic vari-
one’s duty (Kant, 1785). A recipient experiences ables) and specify only a few of their effects.
the moral obligation of the actor as well, because Readers who want more details can contact us for
the perception is often derived from the in-group’s a more complete report.
social and cultural climate that applying proce-
dures fairly is a common good. If a recipient expe- Personality factors. Personality variables may
riences that the applied procedure is not in affect the strength of the link between objective
accordance with what he/she expects based on characteristics and perceived (in)justice, and the
what actor is morally obliged to do, the recipient link between perceived (in)justice and the atti-
will evaluate the procedure as unfair. Interpreting tudes and behaviors of the persons. Important
Folger (see Folger, 2001; Haidt & Graham, 2007; moderators are: Justice sensitivity (Schmitt and
Skitka, 2002), one may claim that people compare Dörfel (1999), Protestant Work Ethic (Ryan,
the actual received procedure with the procedure 2002); Self-esteem (Vermunt, Peeters, &
the recipient believes the actor should apply. Berggren, 2007); Just World Belief (Bègue &
Following this reasoning, the strong impact of Muller, 2006); Regulatory Focus (promotion vs.
moral mandates or moral intuitions as compared to prevention focus). Focus of participants on
social comparison on the evaluation of allocation instrumentality or on relations with group mem-
events can be understood (see also Bies & Tripp, bers and authorities is an important moderator.
2004). It is interesting to note that in the Skitka and Ståhl, Vermunt, and Ellemers (2008a) showed
Houston (2001) study, the improper procedure that inducing participants with an instrumental
was operationalized as the detective who gave focus directed their attention to favorability
false information about his informant, while in the aspects of the procedure, while a relational focus
proper procedure condition the detective told the directed attention to procedural fairness.
magistrate true information about the informant. The list of moderating personality variables is
Lying, according to Haidt (2003), breaches one of still growing. For example, recently Pierro,
the core moral intuitions people hold. This infor- Giacomantonio, Kruglanski, and Van
mation is put against the moral convictions people Knippenberg (2014) found that perceived leader
hold about convicting a guilty defendant and procedural fairness has a stronger positive rela-
acquiting an innocent one. In this case, two moral tionship with the effectiveness of leaders for fol-
convictions compete with each other. Why is it lowers with higher needs for cognitive closure.
then that the one conviction (guilty persons should Such followers have strong desires to reduce
be convicted) has a stronger effect on subsequent uncertainty (Kruglanski, 2004), and leader proce-
fairness judgments about procedure and outcome dural fairness is reducing their uncertainty
than the other one (lying vs. not-lying)? Further (Janson, Levy, Sitkin, & Lind, 2008).
research of cultural influences as well as emotions
on moral convictions is necessary. Cross-cultural influences and context effects.
Culture influences the perceptions of what is (un)
fair and the reactions to (un)fairness. In particular
12.4.3 The Moderating Process cultural value dimensions such as individualism-
collectivism-->,uncertainty avoidance, power
Moderators may enhance the strength of some distance, masculinity-femininity, and “time per-
relations between antecedents to fairness, per- spective” are important. For instance, “voice” is
ceived fairness, and effects of perceived fairness important in individualistic, low power-distance
(satisfaction etc.), but sometimes moderators cultures. Power differences can moderate effects
weaken the strength of relations. Several modera- of procedural fairness.
228 R. Vermunt and H. Steensma

Reputation of an out-group authority (neutral or Payment. The effects of procedural justice on pay-
biased) influences the effects of fairness of proce- ment evaluations are studied as well (Brockner,
dures on reactions to the authority (Ståhl, Vermunt, 2002; Greenberg, 1987; Schaubroeck, May, &
& Ellemers, 2008b). In line with the group-value Brown, 1994). Greenberg (1993a, 1993b) showed
model, Van Prooijen, Van den Bos, and Wilke that fair procedures (adequate explanation for
(2004, 2005) showed that information about par- inequitable payment were given) reduced effects
ticipant’s intragroup status influenced more of unfair outcomes (reduction of pay) on employee
strongly their reactions to procedural fairness than theft. Greenberg (1993a, 1993b) explains
participants who were ignorant about their status employee theft by referring to the frustration-
position (Van Prooijen, Van den Bos, & Wilke, aggression hypothesis: frustration about the pay-
2005). Van Prooijen et al. (2004) demonstrated that ment cut results in aggressive acts of theft. The
participants who are included in a group react more other explanation is given by the compensation
strongly to variations in procedural fairness than hypothesis: payment loss is compensated by tak-
participants who are excluded from the group. ing goods (money) from the company. Adequate
explanation of the payment cut (apology and
Other moderators. Demographic variables ( in signs of remorse) reduced employee theft consid-
particular, gender differences; Hack & Lammers, erably. In another study, Greenberg (1987) found
2009), deservingness (Heuer, Blumenthal, that low monetary outcomes (far lower than par-
Douglas, & Weinblatt, 1999), resources, and pro- ticipants expected: $1 instead of $8) were evalu-
cedures (Vermunt, Kazemi, & Törnblom, 2012) ated as fair only when the procedure that was used
may also act as moderators. to arrive at the assessment of the monetary out-
come was perceived as fair. No effects of proce-
dural fairness on high ($7) or medium ($4)
12.5 Consequences of Procedural monetary payments (instead of $8) were found.
(in)Justice Psychological reactions to unfair rewards are
studied often in the procedural justice literature
In this section, we discuss effects of procedural (Greenberg, 1987; Modde & Vermunt, 2007;
fairness, followed by a discussion of consequences Skarlicki & Folger, 1997). In these studies, par-
of procedural unfairness on people’s lives in the ticipants receive less money than they think they
political and legal arena, and in organizations. deserve. They react by norm-violating or destruc-
tive behavior like stealing and demolishing
Cooperation. As predicted by the relational equipment. In general, fair treatment reduces the
model of authority (Tyler & Lind, 1992), fair pro- effects of unfair outcomes on norm-violating
cedures have positive effects on acceptance of behavior, even when information about the out-
decisions by authorities, whether they are legal come is absent (Modde & Vermunt, 2007).
authorities, political authorities, or organizational
authorities (Tyler, 2012); fair procedures promote Commitment. In the justice literature, organiza-
cooperation (Tyler & Blader, 2003); these proce- tional commitment (Brockner et al., 2003) is
dures breed positive attitudes towards the legal studied as well. Brockner et al. (2003) found that
system (Tyler, 2006). Cooperation with and posi- procedural fairness reduced the effects of out-
tive attitudes toward authorities as a consequence come favorability on participants’ appraisal of
of fair procedures have been observed in victims the system. The authors reason that the more fair
of crime and in perpetrator’s reactions. Mediation procedures the more people are inclined to attri-
between victims and perpetrators results in more bute favorable outcomes to themselves and not to
positive attitudes towards mediators if parties the system, thereby reducing the relationship
perceive the applied procedures as fair (Wemmers between outcome favorability and support for the
& Cyr, 2006). system measured by organizational commitment.
12 Procedural Justice 229

Fair procedures are a signal that the person is val- gories: Formal characteristics, aspects of explana-
ued by the group, authority, or organization and tion, and interpersonal treatment (interactional
may therefore strengthen commitment. Colquitt justice). Research shows that some cultural
(2001) found that procedural justice is a good dimensions are likely to influence the salience of
predictor of commitment to the group. justice rules in personnel selection (Steiner &
Gilliland, 2001). Moreover, a comprehensive
Self-evaluations. Moreover, Brockner et al. measure of Gilliland’s procedural justice rules has
(2003) argue that the effects of procedural justice been developed. This measure, the “Selection
evaluations on subsequent reactions are depen- Procedural Justice Scale” (SPJS), may be used to
dent on the dependent variable. With regard to test Gilliland’s model and to assess particular
self-evaluations, Brockner et al. found that high dimensions of fairness in field settings (Bauer
procedural justice heightens the effect of out- et al., 2001; Steensma & Doreleijers, 2003).
come favorability on self-esteem. Brockner, De
Cremer, Fishman, and Spiegel (2008) assume Aggression. Procedural injustice may cause stress
that low procedural fairness strengthens external- and frustration. Stress, and in particular frustra-
ization of the reasons for their outcomes, whereas tion, may be a cause of aggression (Berkowitz,
high procedural fairness leads people to believe 1989). We will focus on aggression in organiza-
that they received the outcomes they deserved. tions, since most studies on injustice and aggres-
Concluding, there is substantial support for the sion chose that domain, and in particular on
positive effects of procedural fairness on unfair procedural and interactional injustice. Aggression
monetary outcomes. When the outcome of the is one of the most troubling issues facing organi-
allocation is related to status (self-evaluation, self- zations. Researchers make a distinction between
esteem, identity, system evaluation), applying fair at least two different forms: “external” aggression
procedures has mixed results: When the outcome and “internal” aggression. External aggression is
is favorable fair procedures enhance self-evalua- the violent or threatening behavior of organiza-
tion, but not when the outcome is unfavorable, and tional “outsiders”, such as robbers, thieves, cus-
fair procedures have no effects on self-evaluation tomers, and the general public. Internal aggression,
when outcomes are central to the person. on the other hand, is committed by colleagues,
Procedural justice has positive effects on organiza- supervisors, and (sometimes) subordinates. This
tional commitment when outcome justice is low, form of workplace aggression includes behaviors
and procedural justice reduces the effects of out- such as socially isolating a person, verbal threats,
come favorability on appraisal of the system. spreading rumors, physical attacks, harassment,
and attacking a victim by taking unpleasant orga-
Personnel selection. It is important that applica- nizational measures (Einarsen, 1996). Bullying or
tion of procedural fairness will start in an early “mobbing” is the continual and deliberate
stage, i.e., in the stage of organizational entry (or repeated malicious treatment of a target person, or
group entry). This guarantees consistency of fair- a small group of individuals. Unfair treatment is
ness policy. As discussed before, the consistency an important cause of aggression as we will show
rule of Leventhal (1980) is an important principle in the next section.
of procedural justice. Therefore, we will give a In a large-scale study (Divosa, 2000) on exter-
short discussion of the fairness of selection sys- nal aggression in municipal welfare services, it
tems. Gilliland (Gilliland & Hale, 2005) outlines was shown that transgressions of procedural and
dimensions along which procedural, interactional, interactional justice principles easily may provoke
and informational justice rules can be managed in acts of aggression, committed by those on welfare.
the selection process, and according to Gilliland, This finding supported our hypothesis that the
managing selection processes fairly will have a lower the quality of procedural justice aspects is,
variety of positive consequences. These justice the higher the aggression level will be. Particularly
rules of Gilliland can be grouped into three cate- important aspects seem to be information; clarity
230 R. Vermunt and H. Steensma

of rules; consistency of treatment over time; length erature on the “good”, the “bad”, and the “ugly”
of time before decisions are taken; correctability; outcomes arising from (un)fairness in organiza-
and decision control. A second study found evi- tions. In their model, organizational justice has
dence that both unfair procedures and unfair treat- four forms: distributive, procedural, interpersonal
ment of recipients of welfare lead to aggression (i.e., interactional), and informational justice.
and anger, with evaluations of procedures and “Good” outcomes may be expected from multiple
treatment as mediators (Steensma, Van der Bent, forms of justice, so also from procedural and inter-
Barreto, & Pat-El, 2007). actional fairness. Conlon et al. (2005) pay particu-
Internal aggression: Bullying. High job con- lar attention to positive effects of fairness on task
trol (Karasek, 1979) meets the procedural justice performance and employee compliance. We want
criterion of giving a certain amount of “voice” to to add here that organizational citizenship behav-
workers; it is a form of process control (and, for ior (OCB) also will be enhanced by high levels of
high levels, even decision control). But low levels procedural and interactional justice. OCB is the
of job control may be frustrating to workers, in positive behavior of employees who voluntarily
particular in situations with a high workload. are doing more for the organization and for their
Since frustration often leads to aggression, low colleagues than is expected from them in their role
levels of job control may result in higher levels of requirements. The recent longitudinal study by
internal aggression. The relationships between Lehmann-Willenbrock, Grohmann, and Kauffeld
job demands, job control, and internal aggression (2013) found evidence for a clear link between
have been studied by many organizational psy- procedural justice and two forms of OCB: civic
chologists. For two early studies, see Hubert, virtue (including such acts as volunteering for
Furda, and Steensma (2001). Some more recent extra-role tasks, making suggestions for improve-
studies were done in a large research program in ment) and co-worker citizenship behavior or OCBI
Belgium and Spain (see, for example, Baillien, (altruistic behaviors to help colleagues). “Bad”
De Cuyper, & De Witte, 2011). The results of outcomes are the several forms of withdrawal
these (and almost all other) studies indicate that, behaviors, i.e., absenteeism, turnover intentions
indeed, risks for internal aggression—bullying in and turnover behavior, and “employee silence”
the workplace—are high in situations with high (Conlon et al., 2005). Several studies demonstrate
job demands and low job control. High job con- that organizational unfairness may cause turnover
trol—a form of procedural justice—was associ- and absenteeism. Procedural, distributive, and
ated with low levels of bullying. This result was interactional injustice could all have such negative
found both in the cross-sectional studies, and in effects. Procedural injustice has in some studies
longitudinal studies (Baillien et al., 2011; Hubert stronger negative effects than distributive injus-
et al., 2001). Finally, the way a leader behaves is tice, but there are exceptions. Finally, the “ugly”
highly relevant for procedural and interactional outcomes are deviant counterproductive work
justice. Many studies have found that poor lead- behaviors, including theft, crime, drug and alcohol
ership often contributes to bullying in groups and abuse, accidents, sabotage, sexual harassment, and
organizations (see Hubert et al., 2001). the several forms of workplace aggression. We
have already discussed the problem of aggression,
Other effects. So far, we have discussed the effects and some “theft” studies. As for the other forms of
of procedural injustice on aggressive behavior. “ugly” outcomes, both field and lab studies sup-
However, injustice may also have other negative ported hypotheses that distributive, procedural,
effects, while perceived justice may lead to posi- and interactional injustice predict such types of
tive outcomes. Therefore, we also present some deviant behavior (see, e.g., Fox, Spector, & Miles,
more general information on the outcomes of pro- 2001; Weiss et al., 1999).
cedural (in)justice. For a more complete picture of
the other effects, see Conlon, Meyer, and Stress. Procedural justice has positive effects on
Nowakowski (2005). Conlon et al. review the lit- stress reduction. Tepper (2001) showed the positive
12 Procedural Justice 231

effects of procedural fairness on health. Tomaka cation of members with their group. The identifi-
and Blascovich (1994) found that stressed indi- cation leads to more positive attitudes, values,
viduals reacted positively to fair treatment, and and voluntary cooperative behavior (Tyler &
Vermunt, Peeters and Berggren (2007) showed Blader, 2003). The self-based model of coopera-
saliva cortisol (the stress hormone) reduction tion suggests that fair procedures contribute to a
after fair treatment. strong positive social self. The stronger social
self may lead to transformation of goals, positive
Cyberloafing, i.e., unauthorized personal surfing evaluations of group members and authorities,
on the Internet and sending non-work related more trust, and finally, more cooperation and less
e-mails is a special form of organizational counter- competition. This implies better outcomes for
productive behavior. Lim (2002) found that such members of groups, organizations, and society.
cyberloafing may be a response to perceived proce- The combination model of SMC and group
dural (and distributive and interactional) injustice. engagement model illustrates that, in times of
change, justice reduces uncertainty about future
Outcomes of procedural (in)justice: Conclusion. outcomes and about belongingness to valued
Organizational justice is highly valued by groups. This has a positive effect on cooperative
employees and seems to lead to positive out- behavior. Again, this demonstrates the potential
comes for the organization and for the employ- of justice as a tool of social regulation.
ees. But all forms of organizational injustice may
have negative outcomes (“bad” and “ugly” out-
comes) and counterproductive and dysfunctional 12.7 Conclusion and Discussion
behaviors in which organizational members
intentionally commit acts to harm the organiza- In this chapter, three elements of procedural jus-
tion and/or the people within the organization. tice research were used to structure the large
amount of findings: the antecedents, the pro-
cesses, and the consequences of procedural (in)
12.6 Procedural Justice: A Social justice. The antecedents of procedural justice
Regulation Tool remind us of three main functions of procedural
justice: People focus on procedural justice to
Justice and specifically procedural justice is a reduce anxiety and uncertainty and to serve their
strong social regulation tool, shaping and coordi- self-interest. The question whether reduction of
nating social interactions and stimulating coop- anxiety or of uncertainty is the most important
eration between individual persons, between drive for using procedural justice information is
individuals and groups, and between individuals still open, although a direct test showed evidence
and society. Moreover, justice regulates motives, of the relevance of the uncertainty explanation.
goals, beliefs, social identity, and behavior of Because anxiety and uncertainty touch vital emo-
persons and groups (De Cremer & Van Dijke, tions, more research is needed. In this way, pro-
2009). Two models containing several of the cedural justice judgments and experiences have a
above-mentioned characteristics of PJ as social psychological function.
regulation tool will be sketched here. The one A second function of procedural justice
model is the group engagement model of Tyler reminds us of the relationship individuals have
and Blader (2003) and the other is the self-based with others. The group value model and the rela-
model of cooperation (SMC) by De Cremer and tional model of authority focus on the relation-
Tyler (2005). In both models, trust in interaction ship individuals have with others. Procedural
partners and particularly in authorities plays an justice is important in our interaction with
important role. The group engagement model powerful authorities who can exploit us and gives
states that positive evaluation of resources and us information what our status position in the
procedural justice combined strengthen identifi- group is. So, procedural justice judgments and
232 R. Vermunt and H. Steensma

experiences have a function for people’s status procedural unfairness and frustration. The first
position toward others. issue is important for introducing measures to
The third function of procedural justice reduce unfairness, while the second issue
reminds us not only that we are part of a social improves the proper assessment of procedural
community, but also of a moral community: The fairness experiences. Also the relationship
way people are treated gives an indication of the between procedural fairness and morality should
appropriateness of attitudes and behaviors in be worked out further, although good approxima-
relation to others. When people strongly identify tions are still made, like the deontic approach,
with a group or collectivity and adopt its basic moral mandates, and moral intuitions ideas.
beliefs, these beliefs may become guidelines for Cognitive-emotional processes of blame attri-
behavior and evaluations. And these beliefs may bution have received less attention in the proce-
overrule other guidelines that bind people to their dural justice literature than in the distributive
group. Procedural justice judgments and experi- justice one. The interesting observation can be
ences have a moral function. made that coworkers who blame an actor for bad
The research reviewed in this chapter shows behavior will retaliate, while when the actor is
the negative consequences of unjust treatment. not seen as blameworthy revenge is not immi-
These consequences may be detrimental for the nent. Is bad behavior an instance of an unfair pro-
maltreated person, becoming stressed, they may cedure or is it an instance of unfair outcome? The
be detrimental for the social and physical environ- way the research is carried out, it is a reaction to
ment like in bullying, or in destructive behaviors, an unfair outcome. The issue how blame attribu-
or they may be detrimental for the moral commu- tion operates in a full-fledged allocation event is
nity as in norm-violation. However, fair proce- worth studying.
dures have mostly positive consequences for the
person, feeling good by being treated well, it leads
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Van den Bos, K., Vermunt, R., & Wilke, H. (1997). Procedural and low type-a behavior individuals. Scandinavian
and distributive justice: What is fair depends more on Journal of Psychology, 48, 547–555.
what comes first than on what comes next. Journal of Vermunt, R., Wit, A. V., den Bos, K., & Lind, A. (1996).
Personality and Social Psychology, 72, 95–104. The effects of unfair procedure on negative affect and
Van den Bos, K., Wilke, H. A. M., & Lind, E. A. (1998). protest. Social Justice Research, 9, 109–121.
When do we need procedural fairness? The role of Weiss, H. M., Suckow, K., & Cropanzano, R. (1999).
trust in authority. Journal of Personality and Social Effects of justice conditions on discrete emotions.
Psychology, 75, 1449–1458. Journal of Applied Psychology, 84, 786–794.
Van Prooijen, J.-W., Van den Bos, K., & Wilke, H. A. M. Wemmers, J.-A., & Cyr, K. (2006). What fairness means
(2004). Group beloningness and procedural justice: to crime victims: A social psychological perspective
Social inclusion and exclusion by peers affects the on victim-offender mediation. Applied Psychology in
psychology of voice. Journal of Personality and Social Criminal Justice, 2, 102–128.
Psychology, 87, 66–79.
Retributive Justice
13
Michael Wenzel and Tyler G. Okimoto

In Alexandre Dumas’s novel The Count of Monte fair? Why would we even feel motivated to pun-
Cristo (1844), the protagonist falls victim to an ish wrongdoers or see them punished, or how do
intrigue that sees him deprived of his love and we justify punishment? Why would we gain sat-
life and innocently incarcerated until, after many isfaction from seeing wrongdoers suffer? What
years in prison, he manages to escape and uses a motives, needs or concerns does punishment alle-
windfall wealth to assume a new identity and take viate? And where exactly does seeing a wrong-
revenge on those who betrayed him. As a reader, doer punished leave us and our ability to come to
we sympathize with the protagonist for the suf- terms with or move on from the wrongdoing?
fering and injustice he endures, and we take sat- These are merely some of many interesting ques-
isfaction from the cunning plots he invents to tions in a field we refer to as retributive justice
punish his tormentors. Dumas’s novel is only one (see Hogan & Emler, 1981; Jost & Kay, 2010;
example; our culture abounds with stories, fic- Tyler & Smith, 1998; Vidmar, 2000; Vidmar &
tional and historical, that feature themes of pun- Miller, 1980).
ishment and revenge for perceived injustice. A Wherever there are rules and norms of human
random sample of daily newspapers reflects coordination and organization, there are those
almost a societal obsession with adequate or who violate these rules and norms, and others
inadequate punishment for transgressions; where inclined to respond to such violations. This
inadequate, many readers seem to experience this occurs at a microlevel of interpersonal relations,
as a secondary and possibly vicarious victimiza- between friends and strangers, in family and inti-
tion. Our societies have built elaborate institu- mate relationships, and between colleagues or
tions to channel the desire to see wrongdoers subordinates and supervisors at work; but this
punished, to make sure the process is orderly, also occurs at meso and macro levels of inter-
civil, impartial and fair. But what punishment is group relations, between teams in organizations,
supporters of sports teams, ethnic and national
groups, and so on. It is therefore not surprising
that issues of punishment in response to wrong-
M. Wenzel (*) doing have occupied thinkers for centuries and in
School of Psychology, Flinders University, GPO Box
a multitude of academic disciplines, including
2100, Adelaide, SA, 5001, Australia
e-mail: Michael.Wenzel@flinders.edu.au philosophy, sociology, criminology and legal
studies, political sciences, economics, organiza-
T.G. Okimoto
University of Queensland, Brisbane, QLD, Australia tion and management studies, history, anthropol-
e-mail: t.okimoto@business.uq.edu.au ogy, animal studies, and psychology.

© Springer Science+Business Media New York 2016 237


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_13
238 M. Wenzel and T.G. Okimoto

In the current chapter, we focus on the psy- recent advances in the psychology of retributive
chological perspective on punishment. While justice specifically stress that we not only con-
influenced by other disciplines, philosophy and sider the functions and justifications of punish-
sociology in particular (Vidmar, 2000), there are ment, but also the meaning of the wrongdoing.
unique aspects to the perspective that psychology Beyond an appraisal of a wrongdoing in abstract
takes. First, different from philosophy in particu- terms of seriousness or costliness (and the match-
lar, psychology is not concerned with normative ing of the right level of punishment to that
prescriptions as to when, why, and how a rule- appraisal), the symbolic meaning of the wrong-
breaker should be punished, but rather with doing for the victim and moral community needs
understanding how and why individuals seek to be considered in order to understand how pun-
punitive responses to wrongdoing. We cannot ishment might meet their needs or satisfy their
derive normative ethical prescriptions as to how a concerns.
transgression should be responded to from empir- Following a discussion of key definitions, the
ical observations—this would be a form of natu- present chapter will review relevant research
ralistic fallacy. Nonetheless, it would be perilous regarding punishment as a response to wrongdo-
for moral philosophers to ignore principles of ing. It will illustrate, and hopefully illuminate,
human psychology when developing normative the complex and multifaceted nature of the field
arguments, and likewise so for law-makers, who of retributive justice. We will begin with possible
would risk that their laws lack justice and legiti- evolutionary origins of retributive justice, move
macy in the eyes of the people and lose prescrip- on to more reflective philosophies of punishment
tive force (Darley & Gromet, 2010). Second, prevalent in societal discourse, and discuss psy-
psychology is concerned with the subjective chological underpinnings of individuals’ adop-
experiences and viewpoints of individuals (in tion of particular philosophies or goals of
social context) rather than an objective assess- punishment. We then focus on how exactly pun-
ment of the wrongdoing and commensurate ishment as a response to wrongdoing (i.e., retri-
response. For example, whereas a philosophical bution) may satisfy a psychological justice
position of consequentialism requires that pun- motive. We highlight the communicative func-
ishment indeed has certain consequences such as tion of retribution and its ability to address sym-
deterring from committing a wrong (Brooks, bolic threats or concerns that derive from a
2012), for psychology the question is whether wrongdoing. Finally, we will argue that while
individuals believe this to be the case; indeed, retribution may be sought to alleviate various
research often focuses on the recognition of such concerns and to repair justice, its capacity to do
contradictions in individuals’ beliefs and behav- so as well as individuals’ choices of punishment
iour, affect and cognition, prediction and for these purposes can only be adequately under-
experience. stood if alternatives to punishment are
Indeed, individuals may be described as “intu- considered.
itive prosecutors” (Tetlock, 2002) whose
responses to wrongdoing follow the main pre-
scriptive retributive and consequentialist notions 13.1 Defining Retributive Justice
of moral philosophy, but based on situation
appraisals shaped by psychological principles of Retributive justice refers to the subjectively
human cognition, emotion, and motivation of a appropriate punishment of individuals or groups
socially constituted self. Thus, from the perspec- who have violated rules, laws, or norms and,
tive of psychology we are interested in what pun- thus, are perceived to have committed a wrong-
ishment philosophies individuals adopt, and doing, offence, or transgression (we use these
further how they appraise the situation, how they terms interchangeably). Punishment can be
react emotionally, and what concerns and needs understood in a wide sense as any negative out-
they seek to address through punishment. More comes (cost, loss or suffering, which can be
13 Retributive Justice 239

material or symbolic) imposed on an offender in Of course, once the behaviour that a conditioner
response to a wrongdoing (Brooks, 2012). They wishes to change is not merely undesirable but
are not, however, imposed costs or losses that considered morally inappropriate or wrong, the
merely serve a redistribution of outcomes, for boundaries between the two understandings of
example, where a burglar is required to return the punishment become fuzzy. Indeed, one of the
stolen goods; these responses might be more punishment perspectives we will discuss below—
appropriately called compensatory justice consequentialism—aims at the shaping of behav-
(Darley & Pittman, 2003). Rather, it is crucial for iour not unlike processes of conditioning in
retributive justice that the wrongdoing itself is learning paradigms. Crucially, however, it is a
responded to (irrespective of the distributive response to, and may aim at the prevention of,
injustice it has caused). The wrongdoing is a fact wrongdoing.
that cannot simply be undone and requires an
additional response (Tyler & Smith, 1998). Of
course, as emphasized before, in psychology we 13.2 Evolutionary Origins
are concerned with subjective experiences; thus,
while the distinction between compensatory and While human society may have become more
retributive justice is conceptually valid, offenders sophisticated in its responses and systems of
may in fact experience an enforced compensation retributive justice, it is nevertheless possible that
as punitive (i.e., “compensatory retaliation”; see punishment in response to wrongdoing is not a
Mullen & Okimoto, 2014). human invention but rather can be found among
Another important element of our definition other species as well, and that it may have deeper
of retributive justice is that the punishment is evolutionary roots. Despite a growing interest in
imposed on the offender by another party, either the study of justice in animals, most of the
a third-party with authority to impose a punish- research so far has focused on distributive justice
ment (e.g., judges in our legal system) or the vic- or equity, and less on retributive justice (Brosnan,
tim in an act of revenge (McKee & Feather, 2008; 2012; Talbot, Price, & Brosnan, 2016, Chap. 21
although note that we do not discuss the distinc- of this handbook). Certainly, punitive or aggres-
tion between victim revenge and third-party retri- sive responses, for example against those who
bution in the present chapter; see also Gollwitzer, challenge an existing rank order or defy territorial
2009; Vidmar, 2000). We are not considering claims, are common in the animal world (Clutton-
self-inflicted punishment as a form of retributive Brock & Parker, 1995). More problematic is the
justice, even if it may well be a response through issue of whether these behaviours qualify as
which offenders wish to seek penance and repair retributive justice as defined, and, more generally,
justice (e.g., Nelissen & Zeelenberg, 2009). Self- whether it is appropriate to use the same vocabu-
punitiveness with its admission of wrongdoing lary of justice and fairness for animal behaviour
and acceptance of guilt would rather seem like a as we do for human behaviour (see Pierce &
(unilateral) step to consensus-based restorative Bekoff, 2012). Rather than a mere means of forc-
justice, even though not necessarily an effective ing cooperation and maximizing outcomes,
one (Woodyatt & Wenzel, 2013). For our concep- retributive justice involves the imposition of a
tualization of retributive justice, the punishment negative outcome against the responsible party in
needs to be imposed. response to their unjust or unequitable actions.
However, not all negative outcomes imposed Research suggests that non-human species do
on a person or group constitute punishment as detect and respond to inequities. For example,
understood here. Rather, it is important that the capuchin monkeys trained to exchange tokens for
outcome is imposed in response to a perceived cucumber with a human experimenter refused to
wrongdoing. That means we are not dealing with complete the exchange (hand over the token, or
punishment as a means of reinforcement or con- accept and consume the food) when another
ditioning of certain behaviours (Brooks, 2012). monkey received a more favourable exchange for
240 M. Wenzel and T.G. Okimoto

grapes (Brosnan & de Waal, 2003; see also Pierce Research in behavioural economics uses exper-
& Bekoff, 2012; Price & Brosnan, 2012). It imentation with humans (often abstract experi-
remains a continual methodological and empiri- mental games capturing participant choice
cal challenge, though, to demonstrate that the behaviours) to uncover fundamental psychologi-
inequity response is indeed due to the sense that cal processes in retributive behaviour that might
the obtained outcome or treatment is less than also point to evolutionary roots (see Konow &
what is owed rather than merely less than what is Schwettmann, 2016, Chap. 5 of this handbook).
desired. For example, Brosnan and de Waal For example, in the “ultimatum game” (Güth,
(2003) found that when presented with a more Schmittberger, & Schwarze, 1982) one player can
desirable grape alternative, capuchins showed propose an offer to divide a fixed amount of
elevated exchange refusal, but the effect tended money, while the other player can either accept the
to decline over several trials; in contrast, exchange offer and both receive the proposed shares or
refusals tended to increase in the inequity condi- reject it and neither player gets any money.
tion suggesting that, distinctively, a relative Evidence shows that the second players tend to
deprivation maintained its aversive character reject offers the more that these deviate from an
more than absolute deprivation did. equal split, even though any rejection goes against
The observed response in such research is economic principles of self-interest maximization
commonly the refusal to cooperate or to engage (see Camerer, 2003). Such costly punishment
in the exchange. While this is costly to the occurs within single-round ultimatum games and
“unfairly” treated individual (even if in the long- other dilemmas that have no long-term incentive
term it may pay off in maintaining more reward- to encourage cooperation (e.g., Walker & Halloran,
ing future cooperation), it does not impose a 2004). Even “third parties” who merely witness
punishment on the responsible party. Even when the exploitative behaviour (Fehr & Fischbacher,
punishment does seem to occur, it is difficult to 2004) are often willing to punish unfair offers at a
attribute the response to inequity. Raihani and cost to their self-interested outcomes.
McAuliffe (2012) and their colleagues studied One theoretical account for such “altruistic
cleaner fish who, often in pairs, maintain a sym- punishment” argues for an evolutionary advan-
biotic relationship with a client fish and remove tage of social fairness norms in facilitating coop-
and eat ectoparasites off their client. Male cleaner eration within a group (Fehr & Fischbacher,
fish punished female co-cleaners who drove cli- 2003) and the function of “strong reciprocity” in
ent fish away by biting the client fish rather than maintaining the norms (Gintis, Boyd, Bowles, &
feeding on its parasites. Thus, it would seem the Fehr, 2005). Strong reciprocity means that indi-
male cleaner fish engages in retribution for the viduals cooperate with or reward those who abide
female breaking the rules; however, other studies by fairness norms and punish those who violate
indicate that cleaner fish are not sensitive to ineq- them even at a personal cost. The norms become
uity and the authors conclude that the punish- ends and values in themselves. Altruistic punish-
ment behaviour is therefore more likely ers may indeed gain reputation benefits as a con-
enforcement of cooperation rather than of equi- sequence, which could be a more proximal
table behaviour. Yet, one could argue that ineq- process that maintains such behaviour (e.g.,
uity is not the only rule violation that may be the Kurzban, DeScioli, & O’Brien, 2007).
basis for a retributive justice response: while per- Alternatively, it may be inequity aversion (Fehr
haps ignorant of the social-comparison-based & Schmidt, 1999) and the experience of negative
inequity the female cleaner fish causes, the male emotions in response to a violation of fairness
does seem to respond to the female’s selfish dis- and cooperation norms (Fehr & Gächter, 2002)
regard of the feeding rules with punishment. This that lead individuals to punish the norm violator
may be learnt self-interested behaviour, but it (see also Turillo, Folger, Lavelle, Umphress, &
may also be an evolutionary precursor to retribu- Gee, 2002). Interestingly, Xiao and Houser
tive justice. (2005) found that when participants were allowed
13 Retributive Justice 241

to express their anger reaction to their partner in limited to one form of punitive sanction and do
an ultimatum game, their rejection rate (i.e., pun- commonly not allow any action other than the
ishment) to unfair offers was significantly punitive response (cf. Lotz, Okimoto, Schlösser,
reduced, indicating that emotion expression is & Fetchenhauer, 2011) nor any coordination
indeed of substantial concern to individuals. between individuals towards bilateral justice
However, Xiao and Houser's (2005) results repair. Ignored is the human capacity to reflect
might also point to a somewhat different explana- about goals of punishment and to engage in nor-
tion for costly punishment; namely, the anger mative debate over institutionalized sanction
could also derive from the insult, inferiority, and systems.
reputation threat that the proposer’s unfair offer
implies (Pillutla & Murnighan, 1996).
Punishment and, alternatively, anger expression 13.3 Preferences for Different
may allow individuals to re-assert their pride and Punishment Philosophies
power. In other words, individuals may not be
concerned about fairness norms per se, but rather Human reflection on whether, how, and why we
about the devaluation they experience when oth- should punish offenders has a long history,
ers dare to disregard the norms towards them. although the debate has been largely dominated
Yamagishi et al. (2009) studied a variant of the by two broad opposing doctrines: deontology and
ultimatum game, the impunity game, where the consequentialism (see Brooks, 2012, for a
individual’s rejection of an offer had no implica- review). Deontology, represented in particular by
tion for the partner; it only meant the individual the philosophy of Immanuel Kant (1785/1993),
would not accept and receive the share offered refers to an ethic of duty or obligation, requiring
and, thereby, it would only increase the inequity us to take a certain course of action because it is
(similar to the capuchin monkeys’ response the moral, right, or just thing to do (irrespective
option above). The authors yet found substantial of its consequences). The most commonly dis-
rates of rejection (even privately, in a condition cussed deontological punishment philosophy is
where their partner would not know about their retributivism, which means that the transgression
rejection), suggesting that individuals reject the requires punishment of the offender in order to
implied insult or characterization of them as easy restore justice (see Cottingham, 1979). Justice
targets. requires that people get what they deserve; there-
To summarize at this point, research arguing fore, proportionately punishing the offender
evolutionary underpinnings of retributive justice, restores the moral order disturbed by the
whether in animals or humans, faces the contin- wrongdoing.
ual friction between explanations in terms of In contrast, consequentialism measures the
enforcement of cooperation and responding to an ethicality of a course of action by its benefits ver-
injustice. There is so far little empirical indica- sus costs, a view represented by the philosopher
tion for the latter in the animal world, but quite Jeremy Bentham (1843/1962). Punishment
compelling evidence that norms of fairness can would be the ethical course of action to the extent
underlie punishment among humans. Yet, it that it yields benefits for society, specifically in
remains contentious whether this is an altruistic preventing the reoccurrence of the wrongdoing in
concern for the values of one’s group or a more the future, relative to the burdens the punishment
egoistic concern for the value of the self. As we implies for its recipient and the society imposing
will see, these issues will remain relevant also for it. Punishment can be consequentially justified
our further discussion. However, we need to cau- by both specific and general deterrence. Both are
tion that the artificial and restrictive nature of grounded in the idea that punishment makes the
these studies may have limitations for our under- wrongdoing a less attractive behavioural option
standing of societal processes (Guala, 2012), in for would-be offenders, but specific deterrence
particular as the response options provided are denotes deterring the offender, whereas general
242 M. Wenzel and T.G. Okimoto

deterrence refers to deterring the wider public responses arguably also requires consideration of
from engaging in similar wrongdoing. the non-punitive alternatives that humans per-
Incapacitation is another consequentialist pun- ceive to have available to reach their goals.
ishment philosophy that simply prevents offend- Based on the idea that individuals have an
ers from re-engaging in the wrongful behaviour understanding of punishment philosophies or
by depriving them of the opportunity to offend goals, research shows that lay people and profes-
(e.g., incarcerating offenders, or revoking their sional judges indeed differentiate in a measure-
trading licence). able way between a number of philosophies
Yet, deontologicaland consequentialist princi- representing the various punitive-
ples may alternatively also be served by non- consequentialist, punitive-deontological, and
punitive (or less punitive) means. Indeed, a simple constructive notions distinguished above (De
taxonomy of punishment philosophies may be Keijser, van der Leeden, & Jackson, 2002). A
obtained by combining deontological versus con- considerable literature has tried to gauge public
sequentialist goals and punitive versus “construc- opinion about these philosophies (e.g., Cullen,
tive” means (Table 13.1; Wenzel, Okimoto, Fisher, & Applegate, 2000) and used measure-
Feather, & Platow, 2008). We call these means ments of their differential endorsement in order
constructive as, compared to punitive means, to better understand the psychology underpin-
their emphasis is on healing more than hurting, ning punishment behaviour or punitive attitudes
on enabling rather than incapacitating, and on the (e.g., Carroll, Perkowitz, Lurigio, & Weaver,
repair of human relations, including the offender. 1987; Feather & Souter, 2002; McFatter, 1978,
We have already discussed the philosophies that 1982; Orth, 2003; Oswald, Hupfeld, Klug, &
involve punitive means towards consequentialist Gabriel, 2002). For example, research has indi-
goals (deterrence and incapacitation) and deonto- cated that such philosophies may have some
logical goals (retributivism). Alternatively, the enduring trait-like component and are related to
consequentialist goal of prevention of future certain value preferences and ideologies as well
wrongdoing could be pursued by constructive as corresponding attributional tendencies to
means in the form of offender rehabilitation, explain crime (Carroll et al., 1987; McKee &
which commonly aims at enabling the offender to Feather, 2008; Sidanius, Mitchell, Haley, &
lead a normal, crime-free life by building capac- Navarrete, 2006). However, they are partly also a
ity and opportunities while also providing struc- function of an appraisal of the transgression in
tures of support and risk management (Fortune, the given situation, including attributions of
Ward, & Willis, 2012). Second, deontological responsibility, controllability, and stability of the
goals of advancing moral principles and restoring offending behaviour (Weiner, Graham, & Reyna,
justice may also be pursued constructively 1997) as well as the threat it poses to self or soci-
through restorative justice (Wenzel et al., 2008). ety (Hammer, Widmer, & Christian-Nils, 2009;
While certainly also having consequentialist Tetlock et al., 2007).
goals (Braithwaite, 2002), the dialogue between However, the fact that punishment philoso-
affected parties as it is involved in restorative jus- phies or goals can be measured does not neces-
tice processes (Marshall, 1998; see Cohen, 2016, sarily mean that individuals have correct insight
Chap. 14 of this handbook) provides “opportuni- in their punitive responses and the extent to
ties for norm clarification” (Christie, 1977, p. 8), which these are motivated by certain philoso-
repairing the moral damage by socially re-vali- phies. For example, McFatter (1982), on one
dating the values and norms that constitute our hand, imputed the weights participants implicitly
moral fabric (Wenzel et al., 2008). In its focus on attached to different punishment philosophies,
retributive justice, the present review naturally based on their ratings of the appropriateness of a
emphasises research relevant to punitive range of penalties for four different crimes and
responses to rule-breaking. However, as we will ratings of the penalties’ utility for different pun-
discuss later, an understanding of punitive ishment goals; on the other hand, he asked
13 Retributive Justice 243

Table 13.1 A taxonomy of punishment philosophies


Means
Punitive Constructive
Goals Consequentialist Deterrence Rehabilitation
Incapacitation
Deontological Retributive justice Restorative justice

participants to explicitly rate those same punish- in order to make a sentencing decision for a
ment goals. Among both lay participants and hypothetical crime. Participants primarily sought
judges, retributivism (just deserts) was the most pieces of information relevant to retributivism
heavily weighted philosophy when deciding on (e.g., magnitude of harm, intent) compared to
the appropriateness of a penalty. However, lay information relevant to deterrence (e.g., preva-
participants explicitly rated special deterrence as lence of the crime) and incapacitation philoso-
most important and, for them (but not the judges), phies (e.g., offender’s self-control). Further,
there was no significant correspondence between information relevant to retributivism increased
imputed weights and rated importance of punish- participants’ confidence in their punishment rec-
ment philosophies. Hence, individuals may not ommendation significantly more than deterrence
be fully aware of the importance they give to or incapacitation-relevant information did.
retributivist principles when determining a pun- Keller, Oswald, Stucki, and Gollwitzer (2010)
ishment response. modified the paradigm to avoid the non-
Alternatively, their explicit endorsement of interdependence of successively sought and
certain philosophies may be affected by self- obtained pieces of information; they also included
presentation concerns (Carlsmith, 2008). a greater number of punishment philosophies.
Accordingly, Carlsmith and colleagues The result however was the same: retributivist
(Carlsmith, 2006; Carlsmith, Darley, & Robinson, information was prioritized.
2002; Darley, Carlsmith, & Robinson, 2000) Hence, while it has been found that individu-
argue that it might be a superior research strategy als endorse—in the abstract—a variety of pun-
to infer individuals’ preferences for different ishment philosophies, their behavioural responses
punishment philosophies from the factors and in a concrete situation tend to be largely driven
processes that determine their punishment deci- by retributivism (Carlsmith, 2008). As a conse-
sions or recommendations. For example, quence, what we say may show little correspon-
Carlsmith et al. (2002) found that participants’ dence to what we do; our societal discourse may
punishment recommendations depended on situ- be divorced from our true motivations. For exam-
ational factors that, conceptually, should affect ple, Carlsmith and Sood (2009) report evidence
just desert perceptions (seriousness of the offense, that, in contrast to the prevailing consequentialist
lack of mitigating circumstances), but not by fac- rhetoric around the use of harsh interrogation
tors that would be in line with a deterrence motive techniques for terrorist suspects, namely that they
(low likelihood of detection, publicity of the are necessary for security reasons, participants
crime/punishment). The just desert factors led to appeared to endorse these also as a means of ret-
more severe punishment recommendations medi- ribution and revenge. It is possible that our
ated by moral outrage. These and other findings responses to concrete transgressions are strongly
suggest that participants’ judgments and behav- affect-based, influenced in particular by the
iour are predominantly driven by retributivism moral outrage that the experience or witnessing
rather than deterrence or other consequentialist of an injustice causes in us, which in turn fuels
philosophies, like incapacitation (Darley et al., our motivation to see justice restored (Darley &
2000). Indeed, Carlsmith (2006) tracked the Pittman, 2003). Punishment responses may thus
information that participants successively sought be much more emotional than rational, more
244 M. Wenzel and T.G. Okimoto

intuitive than reasoned; in fact, as Haidt (2001) thing for the individual seeking it and is not based
argues, our moral reasoning may only be a post- on a cost-benefit analysis of its instrumentality.
hoc justification of our intuitive responding. Rather, retribution may be a “deontic response”
However, again, it may be misguided to com- (Folger, Cropanzano, & Goldman, 2005): an end
pletely discard our ability to reflect and reason on in itself, or moral necessity, felt as an urge and
moral issues, including on the appropriate pun- emotion (in particular, anger) that drives the
ishment of a transgressor. Instead, one could see action. As discussed earlier, this response may
both the intuitive (quick and automatic) respond- have developed through evolution as a mecha-
ing as well as the rational and reasoned respond- nism to consequentially maximize survival, but
ing as psychologically valid and relevant to has become a hardwired emotional response and
people’s moral judgments and punishment moral dictate. This is consistent with the view
behaviour. Oswald and Stucki (2009) suggest a that moral outrage is the key predictor of retribu-
two-process model of punishment where the two tion responses (Darley & Pittman, 2003) and the
forms of responding work in succession: An ini- perspective that our responses to wrongdoing are
tial intuitive response is heuristic and affect- in the first place based on intuition and emotion
driven and tends to be susceptible to biases (e.g., (Carlsmith & Darley, 2008; Haidt, 2001). Indeed,
influenced by the severity of outcomes even if the emotional response itself may have emerged
unforeseeable or only incidental to the transgres- due to evolutionary advantages as it may function
sion; Mazzocco, Alicke, & Davis, 2004). as a way to communicate to the offender the
Depending on the perceiver’s available cognitive immorality of their behaviour or elicit in them
resources and motivation (e.g., accountability), a fear that deters them from repeating the behav-
second, reasoned, and analytical response, how- iour (Folger et al., 2005).
ever, may override the intuitive response or cor- However, distal evolutionary processes aside,
rect for its biases (see also Lerner, Goldberg, & what are the more proximal mechanisms that
Tetlock, 1998). Further, however, one could determine and maintain punishment responses?
argue that intuitions are not completely divorced One possibility is that individuals tend to punish
from reasoned reflection, but are rather situated wrongdoers because it gives them an emotional
within a social context of norms, values, ideolo- reward: release of negative emotions, feelings of
gies, and identities that individuals construe, at satisfaction, or increased mood. Indeed, De
least partly, through conscious reflection and in Quervain et al. (2004) found that during the deci-
social interaction (see also Tetlock, 2002). There sion to punish a wrongdoer brain regions are acti-
may thus be more complex interactions between vated (the dorsal striatum) that are presumed to
intuitive and reasoned processes in punishment be involved in the processing of rewards towards
responses that may warrant further investigation. goal-directed behaviour. Specifically, they sug-
gest that the observed brain activity reflects an
anticipated satisfaction that leads individuals to
13.4 Retribution and Just Deserts punish wrongdoers even when this is costly to
them. However, research by Carlsmith, Wilson,
The reviewed research suggests that punitive and Gilbert (2008) questions whether individuals
responses to transgressions are largely driven by do correctly anticipate the implications of retri-
retributivism; that is, individuals seek punish- bution for their affect. They found that partici-
ment for offenders in order to repair or satisfy a pants expected to feel more positive and less
sense of justice. Yet, how does punishment do negative after they, or a third-party, would have
that? What exactly does punishment achieve for punished a transgressor who had victimized
it to be able to restore justice or give us them. In fact, however, witnessing a third-party
satisfaction? punish the transgressor did not improve partici-
First, it could be argued that this is the wrong pants’ affect compared to a no-punishment con-
question; that retribution may not achieve any- trol condition; and instigating the punishment
13 Retributive Justice 245

themselves made participants actually feel worse. tal negative outcome happening to the offender
The finding that such an affective reward does not would satisfy us as much as a punishment
eventuate casts doubt on this being the proximal imposed in clear response to the wrongdoing.
mechanism that reinforces and maintains retribu- Putting it another way, are punishments satisfy-
tive responses. Indeed, research by Gollwitzer ing because of the mere (deserved) suffering of
and Bushman (2012) suggests that mood the offender? Several theoretical perspectives
improvement is not a motivation for retributive seem to argue so: An offender’s suffering, even if
punishment. While participants were less likely accidental or incidental, should increase cogni-
to vent their anger when they were made to tive balance underlying judgments of deserving-
believe that their mood was “frozen” due to a pill ness (Feather, 1999), as discussed; it should add a
they have taken, or when they believed their negative outcome to an input/outcome ratio that
mood would improve by visiting a “good mood helps to restore equity between victim and
room,” their choice of retributive punishment for offender (Austin, Walster, & Utne, 1976); and it
a blameworthy transgressor was not affected by should help maintain the view that bad people get
this (unless explicitly instructed to focus on their bad outcomes and good people good outcomes,
feelings; Study 3). Mood improvement does not restoring a belief in a just world (Lerner, 1980).
seem to be the reinforcer or goal of retribution. From either theoretical perspective, the offend-
Nonetheless, it is still highly plausible (if not er’s suffering per se should increase satisfaction.
tautological) to assume that individuals engage in Indeed, there is evidence that an offender’s fate-
retribution because the behaviour is rewarding. ful harm decreases the punishment observers
An alternative perspective may focus on the per- want to impose (e.g., Austin, 1979). Further,
ception of deservingness and the cognitions observers engage in immanent justice reasoning
underlying it. Feather (1999), for example, pro- and tend to construe a causal link (even where
poses a balance theoretical model of deserving- objectively there is none) between an offender’s
ness, where the consistency of positive and/or misdeeds and an unrelated negative outcomes he/
negative relations between entities, and how they she experiences, which portrays the outcome as
are linked or not linked with another, determines deserved punishment and should serve to main-
whether a punishment (or a positive or negative tain their belief in a just world (e.g., Callan,
outcome generally) is deserved or not. While Ellard, & Nicol, 2006).
there is no direct evidence that cognitive consis- However, research by Gollwitzer and col-
tency is indeed the motivating force, this concep- leagues indicates that from a victim’s perspective
tualization has shown considerable heuristic the offender’s suffering per se is not satisfactory.
value. First, deservingness has been shown to be a For example, in Gollwitzer, Meder, and Schmitt’s
central predictor of punitiveness, satisfaction with (2011) Study 3 participants had the opportunity
punishment or, conversely, sympathy with an to take revenge on a transgressor, who had sug-
offender. Second, offence-related cognitions gested a very lop-sided split of raffle tickets at the
(notably seriousness and offender responsibility), participants’ cost: participants could in turn
ideologies, and value priorities, all of which affect deduct raffle tickets from their partner. Further,
relations in the balance model, have been shown they received a message from their partner that
to affect deservingness perceptions (e.g., Feather, either expressed understanding that they might
1996, 1998; Feather & Souter, 2002). Interestingly, decide to deduct raffle tickets because of the
the role of deservingness extends to negative out- unfair division that the partner had suggested, or
comes that may have befallen another person by it expressed no such understanding, with the part-
circumstance and the pleasure that individuals ner not seeing that the participant had the right to
may experience in such situations (Schadenfreude; deduct tickets. The participants who decided to
e.g., Feather, Wenzel, & McKee, 2013). take revenge indicated a greater level of
However, this raises the interesting question satisfaction compared to those who chose not to
of whether, following a wrongdoing, an inciden- take revenge, but only when the partner under-
246 M. Wenzel and T.G. Okimoto

stood this as a response to their transgression. symbolic (and sometimes actual) threats to (a) an
Gollwitzer and Denzler (2009) used an implicit individual’s feelings of status, power, and con-
measure of goal-fulfilment to draw similar con- trol, and (b) shared social values. In the next sec-
clusions. Furthermore, Funk, McGeer, and tions, we review the research relevant to these
Gollwitzer (2014) showed that, in order for vic- psychological concerns, describe their empirical
tims to feel satisfied, the transgressor needed to association with self- and identity-enhancement,
understand their suffering not only as punish- and discuss the role of punishment in alleviating
ment for their behaviour, but rather as a deserved the threats that a wrongdoing can pose to each of
punishment that made them realize the wrong these fundamental motivations.
and commit to change their behaviour.
These findings indicate that retribution (at
least from the victim’s point of view) is not about 13.5.1 Status, Power, and Control
the balancing of scales per se, but rather about
communicating to transgressors the wrongful- Offenders make a symbolic statement about the
ness of their actions and re-educating them (Duff, status and power relations between themselves
2001; Hampton, 1984; Heider, 1958). Victims and their victims when they violate agreed-upon
feel more satisfied when the offender gets the rules, norms, and laws. Specifically, when an
message. More generally, then, the proximal offender intentionally acts without regard for a
mechanisms that maintain retribution as response victim’s individual rights or freedoms, offenders
tendency lie in its effectiveness as a communica- symbolically place themselves above their vic-
tion. Interestingly, from this perspective the dis- tims (i.e., status), while at the same time disturb-
tinction between deontological and ing the power relations between the two parties
consequentialist justifications of punishment (Heider, 1958; Miller, 2001; Murphy & Hampton,
tends to dissolve. The moral dictate of punish- 1988; Vidmar, 2000; Vidmar & Miller, 1980).
ment depends on the punishment making the For example, by breaking into your house and
offender understand the immorality of their stealing your valuables, the actions of a burglar
behaviour; in other words, justice is restored by not only rob you of your deserved material out-
the offender re-committing to the values that comes, but also take on symbolic meaning, rais-
underpin it (Wenzel et al., 2008). However, this ing questions about the victim’s self-determination
still leaves the question why punishment would and feelings of control (hence why robberies are
need to be the vocabulary in which to put the so psychologically damaging, even when insur-
message. Are there not also other, more construc- ance absorbs the cost of material losses). Such
tive means of communicating censure of an symbolic diminishing or disempowerment of the
offender’s actions and need to change? Perhaps victim is a consistent theme in the literature; and
this is a matter of what exactly punishers wish to although issues of status, power, control, and
communicate, and to whom. What this all autonomy are distinct, particularly in the extent
implies, however, is that retribution has symbol- to which they concern social relations and influ-
icmeaning and is chosen to address concerns that ence, they represent one family of concerns in the
the transgression elicited in the punisher. context of victimization (Thye, Willer, &
Markovsky, 2006).
As a consequence of this symbolic threat to
13.5 The Symbolic Meaning status/power, people often seek justice responses
of Punishment that empower victims and attempt to repair the
relative balance of status/power between victim
If retribution has symbolic meaning, which and offender, an idea that is explicated in a num-
meanings exactly does it convey? Much of the ber of theoretical models. Justice Restoration
recent work in the retributive justice literature Theory (Okimoto & Wenzel, 2008; Wenzel et al.,
suggests that punishment serves to protect against 2008) argues an injustice victim may experience
13 Retributive Justice 247

status/power threats as a result of victimization, files that emphasize concern over personal status,
and these threats motivate desires for retributive power, and self enhancement more broadly. First,
responses that degrade the offender and thus personal value priorities (Schwartz, 1996) of
repair the relative status hierarchy between the self-enhancement and power have been associ-
two parties. For example, when a terrorist attack ated with retributive reactions to injustice
was framed as diminishing national status/power, (Feather, 1996; Wenzel et al., 2008). In particu-
respondents were more likely to endorse extreme lar, individuals with high power values (i.e., self-
punishment of the offenders and denial of due enhancement) are more likely to conceptualize
process (Okimoto & Wenzel, 2010). Similarly, justice as requiring punishment (McKee &
self-reported concern for national status/power Feather, 2008; Okimoto et al., 2012). Second,
predicted support for retributive responses to ter- people high in right-wing authoritarianism
rorism (Okimoto, Wenzel, & Feather, 2012, (RWA; Altemeyer, 1996) are more punitive than
Study 2; see also Wenzel, Okimoto, & Cameron, those low in RWA (e.g., Feather, 1996, 1999;
2012). The Needs-Based Model of Reconciliation Feather, Boeckmann, & McKee, 2001), particu-
(Nadler & Shnabel, 2008; Shnabel & Nadler, larly the aggression dimension of RWA that cap-
2008) also emphasises the importance of status/ tures a dispositional preference for aggressive
power repair for victims of injustice. According responses to status/authority violations (McKee
to this model, victims’ willingness to reconcile is & Feather, 2008; Okimoto et al., 2012). Similarly,
dependent on restored feelings of empowerment. people high in social dominance orientation
At their core, these frameworks emphasize the (SDO; Sidanius & Pratto, 1993) are more puni-
importance of restoring the equitable balance of tive than those low in SDO (e.g., Mitchell &
status and power to the victim-offender relation- Sidanius, 1993; Sidanius, Liu, Pratto, & Shaw,
ship (Bies & Tripp, 1996), a symbolic goal that 1994), particularly among individuals valuing
can be achieved through retribution. group-based dominance (Gerber & Jackson,
More recent empirical work extends the rele- 2013; McKee & Feather, 2008; Okimoto et al.,
vance of status and power concerns beyond the 2012). Third, retributive tendencies are also asso-
victim-offender dyad. Victims of an injustice ciated with sub-clinical narcissism (Raskin &
may also be concerned with their status in the Terry, 1988), a personality profile indicative of
broader social community (i.e., status in the self-enhancement and ego-protection.
group; Lind & Tyler, 1988). Retribution can serve Narcissistic individuals are more likely to react to
to address this group status threat by communi- victimization with aggression (Bushman &
cating the broader community’s concern for the Baumeister, 1998), demand compensation
victim. In a series of studies, Okimoto and (Bishop & Lane, 2002), seek retributive forms of
Wenzel (2011) found that third-party punishment justice (Okimoto et al., 2012), and withhold for-
increased victims’ feelings of status in the group, giveness (Exline, Baumeister, Bushman,
but only when that punishment came from a val- Campbell, & Finkel, 2004). All of these
ued ingroup authority. Status/power concerns individual-level constructs involve heightened
also extend beyond the victim perspective. Van concern over power and/or an affinity for respect-
Prooijen and Kerpershoek (2013) found that ing status and hierarchy, and all of them are
retributive reactions were stronger when respon- linked to heightened retributive responses to
dents’ autonomy motivations were higher (both injustice.
chronic and situational). In this case, punishment
helps to address the autonomy needs of third-
parties by reinforcing societal systems that pro- 13.5.2 Social-Moral Values
tect individual autonomy.
Further evidence for the role of status/power By violating agreed-upon rules, norms, and laws,
motives in punishment can be found in research offenders also make a symbolic statement about
linking retributive tendencies to individual pro- the values underlying those behavioural dictates.
248 M. Wenzel and T.G. Okimoto

By intentionally ignoring supposedly agreed- represents an essential aspect of one’s self-


upon expectations of conduct, offenders symboli- definition (i.e., moral identity; Aquino & Reed,
cally undermine the community consensus about 2002). Stated differently, individuals may see
what is fair and just (Durkheim, 1964; Tyler & their self-concept as integrally linked with spe-
Boeckmann, 1997; Vidmar, 2000), questioning cific moral values, creating a sense of moral con-
the validity of supposedly shared values underly- viction toward protecting those values and
ing the violated entitlements (Wenzel, 2002). For producing a mandate for action when they are
example, by breaking into your house and steal- perceived to be under threat (Skitka, Bauman, &
ing your valuables, the actions of a burglar may Mullen, 2008). For example, moral mandates to
also take on symbolic meaning for the commu- see justice meted out can lead people to judge an
nity in which you live, raising questions about the offender’s punishment as fair irrespective of
extent to which beliefs about respect for individ- whether or not that punishment was achieved
uals are indeed shared in the community and through fair judicial procedures (Skitka &
define its identity. Houston, 2001). Again, the moral identity threat
The violation of behavioural norms, particu- may stem from internal concerns about actually
larly distributive or reciprocity norms, not only being a moral person, or from external concerns
introduces uncertainty about the cooperative about representing oneself as a moral person (see
social exchange within a group (Shinada, Aquino & Reed, 2002). In sum, moral self-
Yamagishi, & Ohmura, 2004), but also uncer- relevance of a violation may also elicit value
tainty about the value consensus underpinning reinforcement goals, but value reinforcement in
their social identity (Haslam, McGarty, & Turner, the service of one’s personal identity as a moral
1996). Consensual values within a social group individual rather than value reinforcement in the
help to define its distinctive identity and bind service of an affected ingroup.
people together in a cohesive unit (Hogg, 1993; Importantly, the relative importance of value
Turner, 1987). Thus, for individuals whose iden- reinforcement goals is partly determined by the
tity is defined by their membership in the group salience of an individual’s social and/or moral
in which the transgression occurred, the trans- identities (Skitka, 2003). For example, individu-
gression may produce uncertainty about the als high in self-reported moral identity are more
extent to which identity-defining values are likely to act morally when primed with situa-
shared (Huo, 2003; Wenzel, 2002), constituting a tional salience of that identity (Aquino, Freeman,
threat to their social identity (Wenzel et al., Reed, Lim, & Felps, 2009), including intervening
2008). Importantly, although often discussed as in response to an injustice (O’Reilly & Aquino,
an internal motivation to protect the integrity of 2011). Likewise, Justice Restoration Theory
the ingroup, it is likely that such reactions are (Wenzel et al., 2008) argues that the centrality of
also driven by external motivations to presentthe a social identity for one’s self-concept determines
ingroup in a positive light (esp. as moral; Leach, the importance of group-directed value reinforce-
Ellemers, & Barreto, 2007). In other words, the ment goals in the pursuit of justice.
identity threat may arise both from internal con- Numerous studies in support of this model
cerns about the identity of the group, and/or from have shown that individuals perceive
more external concerns over how people outside transgressions as a greater threat to shared values
the group will see and evaluate the group in light when the offender is an ingroup versus outgroup
of the transgression (Okimoto & Wenzel, 2014). member (De Castella, Platow, Wenzel, Okimoto,
However, individuals may still find self- & Feather, 2011; Okimoto & Wenzel, 2010),
relevance in a violation even in cases where the when that ingroup has a more cohesive identity
affected values seem to transcend the community (Wenzel, Okimoto, Feather, & Platow, 2010),
shared with the offender. That is, their response when the respondent strongly identifies with that
may be driven by broader moral imperatives that ingroup (Okimoto & Wenzel, 2010; Okimoto,
can drive retributive action when moral integrity Wenzel, & Feather, 2009), or when the respon-
13 Retributive Justice 249

dent is high in interdependent self-construal punishment reaffirms the violated values towards
(Gollwitzer & Bücklein, 2007; Okimoto et al., the wider group or community (Okimoto &
2012). Research on the Black Sheep Effect Wenzel, 2009; Vidmar, 2002). Indeed, Tyler and
(Marques & Paez, 1994) also shows that people Boeckmann (1997) found that, rather than moti-
are more punitive toward ingroup violators than vated by concerns about safety, public support for
outgroup violators if the violation threatens iden- strict punitive sentencing is driven by their belief
tity defining values (e.g., Kerr, Hymes, Anderson, that societal values have become eroded, and that
& Weathers, 1995), but only when the immoral punishment helps to solve this problem. It can be
status of that offender is made clear by their argued that punishment can only assume such a
unambiguous guilt (Van Prooijen, 2006) or recid- function if it is sufficiently public and visible to
ivism (Gollwitzer & Keller, 2010). However, it is the group; thus, a preference for visible (rather
worth noting that this is a complex process. than invisible and private) retribution should indi-
Sharing a relevant identity with an offender can cate an underlying motivation to reaffirm values
affect an individual’s punitiveness in at least to the wider group. Consistent with this argument,
three different ways (Okimoto, Wenzel, & Okimoto and Wenzel (2009) found that partici-
Platow, 2010): (1) reducing offender blame attri- pants’ concern with restoring values toward the
butions (Van Prooijen, 2006); (2) increasing the group (both self-reported and primed) predicted
perceived value threat associated with the viola- their assignment of more visible punishment
tion, making the value reinforcement motive interventions and, conversely, experimental
more salient (Kerr et al., 1995; Wenzel et al., manipulations of visibility resulted in greater per-
2010); and (3) leading the perceiver to seek more ceived value communication toward the group.
constructive and less punitive means for reinforc- Notably, however, utilizing retribution to com-
ing those values (Okimoto et al., 2010; Okimoto municate a broader message about the values of
& Wenzel, 2009). In sum, although succinctly the group often ignores the source of the value
described as being determined by the salience of threat itself: the offender. It is perhaps possible to
personal, social, or moral identities, this process execute punishment in a way, so retribution can
is by no means simple; identities are dynamic, also serve to enforce or educate the offender
changing in reaction to transgressions and poten- about the importance of the violated values.
tially influencing an individual’s retributive Rather than excluding the offender, constructive
motives at multiple points in the cognitive/affec- punishment would need to allow the offender a
tive process. way back into the group, by showing their pen-
Regardless of the psychological mechanism ance and endorsement of shared values. Okimoto
(e.g., social or moral identity) underlying individ- and Wenzel (2009) indeed found that partici-
ual concern over shared norms/values, this discus- pants’ concern with restoring values towards the
sion implies that their intentional violation will offender (both self-reported and primed) pre-
demand some response that attempts to regain dicted their assignment of punishment interven-
consensus and reassert the validity of the values tions that allowed offenders to prove themselves
threatened by the offense. Retribution serves this through good behaviour and service to the group.
justice goal by psychologically (and actually) dis- Also, experimental manipulations of such reinte-
tancing the deviant offender from the social group grative forms of punishment resulted in greater
in which the offense occurred. Distancing the perceived value communication toward offend-
offender from the group through sanctions (which ers. By reframing retribution in this way, punish-
often involve some form of social exclusion or ment assumes some qualities of restorative justice
stigmatization) signals that the offender is an (see discussion below) that moves towards shared
anomaly whose values are not indicative of the value consensus with the offender, rather than
group as a whole, making it easier to maintain a simply consensus in the broader group irrespec-
positive social identity (Marques & Paez, 1994). tive of the offenders’ views (see also Gromet &
Through exclusion of the offender from the group, Darley, 2009; Orth, 2003).
250 M. Wenzel and T.G. Okimoto

Importantly, this entire body of work raises an sidering involuntary forms of compensatory
important point that critically qualifies the retaliation against the offender, such as theft
research reviewed earlier in this chapter. In many (Greenberg, 1997), or other compulsory mone-
cases, retribution is not an end in itself, but rather tary transactions (Van Prooijen, 2010).
a means to achieve a specific goal. Retribution Forgiveness is another alternative response to
serves and is partly motivated by more funda- seeking punishment, typically defined as the
mental psychological needs, needs that may be transforming of the victim’s attitudes and motiva-
satisfied by one form of punishment better than tions toward the offender from negative to posi-
another—but that can also be satisfied by other, tive, which involves the sacrificing of retributive
non-retributive interventions. Thus, a more com- justice (Exline & Baumeister, 2000); forgiveness
plete understanding of the retributive impulse is even measured in part by the absence of retrib-
requires recognition that punishment is not the utive impulses (McCullough et al., 1998).
only option for justice repair. However, rather than seeing these two responses
as mutually exclusive alternatives, punishment
can also be considered a means to reach forgive-
13.5.3 Moving Beyond Punishment ness, effectively reducing the “injustice gap”
between actual and just treatment to a level where
One of the complexities of understanding retribu- forgiveness becomes palatable (Exline,
tion, but one that is not yet well understood, is the Worthington, Hill, & McCullough, 2003).
interplay between punishment and other forms of Notably, although punishment can achieve jus-
justice repair. Most of the research we have tice and thus advance the likelihood of forgive-
reviewed focuses on a single punitive outcome ness (Strelan & Van Prooijen, 2013), justice
without considering the real response options reached through retribution is less likely to
available, although there are notable exceptions. engender forgiveness compared to other, more
For example, compensatory justice, which constructive forms of justice repair (Wenzel &
focuses on repairing the harm done by the trans- Okimoto, 2014). Conversely, forgiveness can
gression (Mullen & Okimoto, 2014), is a realistic itself be a means to restoring justice and can thus
response that may be considered as a supplement reduce the desire for retribution; like punishment,
and/or alternative to retributive justice. In an the act of forgiveness can serve underlying jus-
extension to the altruistic punishment paradigm tice goals by empowering the victim and express-
described earlier, allowing participants the option ing renewed commitment to important values
to also engage in altruistic compensation resulted (Wenzel & Okimoto, 2010, 2012). Thus, rather
in greater personal expense being invested in vic- than being response alternatives, punishment and
tim compensation rather than offender punish- forgiveness influence each other in the dynamic
ment (Lotz et al., 2011), patterns of behaviour process of justice repair.
that appear to serve both internal feelings of A third and final response alternative that has
empathy toward the victim (Lelieveld, van Dijk, important implications for our understanding of
& van Beest, 2012) and external desires to exhibit retribution is the emerging domain of restorative
oneself as empathetic (Lotz et al., 2011). Such justice. In philosophy, while retributive justice
compensatory actions can also have outcomes involves the unilateral administration of subjec-
similar to punishment. Third-party provision of tively appropriate punishment, restorative justice
compensation has been shown to effectively involves constructive dialogue between the
improve the victim’s feelings of status in the involved parties with the goal of collective agree-
group (Okimoto, 2008; Okimoto & Tyler, 2007) ment about justice resolution (Braithwaite, 2002;
and to help promote a more benevolent reputa- Wenzel et al., 2008). In practice, restorative jus-
tion than punishing alone (Adams & Mullen, tice techniques are quite diverse, but typically
2013). However, the lines between punishment involve interaction between the parties and may
and compensation can become blurred when con- include the opportunity for apology, amends, for-
13 Retributive Justice 251

giveness, and reintegration (Christie, 1977; see justice motive, we as justice scholars must move
also Cohen, 2016, Chap. 14 of this handbook). beyond punishment to a broader conceptualiza-
Although punishment is able to address the psy- tion of what is required in response to injustice.
chological concerns over value consensus (as What is thus called for is not separate chapters
discussed earlier), the salient value reaffirmation outlining our understanding of retribution and
motive increases a preference for and satisfac- restoration, or even the related constructs of for-
tion with more restorative approaches to justice giveness, apology, compensation, revenge, etc.;
(e.g., Wenzel et al., 2010). Also, the value placed rather, we call for an integrated understanding of
on maintaining the constructive interpersonal justice responses, one that transcends traditional
bonds with the offender makes restoratively ori- distinctions between “different” justice remedies,
ented approaches to justice a more attractive instead recognizing the fluid and multifaceted
option than retribution is for reconsensualizing nature of justice repair. We also call for founda-
shared values, as restorative justice reaffirms val- tional research that can form the catalyst for insti-
ues with the offender rather than in spite of him tutional change. Despite acknowledgement by
or her (Okimoto et al., 2010; Wenzel & Okimoto, many in the social sciences that punishment is, in
2012). Thus, restorative justice may offer an isolation, typically not the most effective response
acceptable (and sometimes even preferred) alter- to injustice, retribution continues to be perva-
native option to retributive justice. Notably how- sively institutionalized in many cultures and legal
ever, as with the other alternative responses systems. Why does society continue to rely on
discussed above, the realistic and likely most punishment as the authority for social and moral
effective route to justice may involve a nuanced order? What are the psychological, sociological,
blend of restorative and retributive approaches and institutional barriers that prevent the evolu-
(Gromet & Darley, 2006). tion of the systems meant to protect our commu-
Our discussion of these burgeoning domains nities and the values they hold dear? If social
of research is by no means comprehensive; we justice researchers wish to further advance the
only offer a small sample of the research findings just dispensation of punishment, we must under-
to illustrate the point that punishment does not stand the role of retribution as one piece of a
hold a monopoly on justice, nor is it necessarily broader suite of corrective action, while also
the most effective or even the most “just” way to appreciating the institutional systems that sustain
respond to a transgression. its dominance as a means to achieve justice.

13.6 Conclusion References


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Restorative Justice
14
Ronald L. Cohen

victims (what is sometimes called “compensa-


14.1 Introduction tory justice”). Restorative practices are also
often discussed in work on “transitional justice,”
“Restorative justice practices” can be situated attempts by newly reconstituted polities to
in several different landscapes of concern. It is, address injustices during the periods in which
perhaps, most often contrasted with “retributive they are emerging, or have recently emerged,
justice” as one way of distinguishing among dif- after defeating a previous, discredited regime.
ferent ways of thinking about and responding to Perhaps the most widely cited example is the
social and legal wrongdoing (see Wenzel & Truth and Reconciliation Commission that
Okimoto, 2016, Chap. 13 of this handbook). emerged in South Africa after the fall of the
Though the distinctions between the two may be Apartheid government.
less clear than it is sometimes assumed, it is clear They are also the focus of a growing body of
that “retributive justice” focuses primarily on the theory and research in a wide range of scholarly
offender and the just punishment he/she deserves, fields, including a recently launched international
while “restorative justice” focuses primarily on journal, Restorative Justice (Aertsen, Walgrave,
“restoring” just relations among victim, offender, Vanfraechem, Parmentier, & Zinsstag, 2013) that
and community. inform a range of formally institutionalized and
Both “restorative” and “retributive” justice informal social practices. All such practices
standards are invoked and applied at interper- involve face-to-face interaction among parties in
sonal (both dyadic and triadic), intergroup, and which each provides a memory-based narrative
international levels of analysis. When applied of the harm in a ritualized procedure in an attempt
systematically at the international level, one pri- to create a shared understanding of what hap-
mary distinction often drawn is that between pened and why, and to craft a resolution of that
“trials or tribunals” on the one hand, and “truth conflict and how to address it, presently and in
commissions” on the other, (e.g., Minow, 1998) the future.
though both at times address compensation to A great deal of work relevant to these prac-
tices addresses fundamental psychological and
social–psychological factors that affect partici-
pants and members of the wider public. Some of
R.L. Cohen (*)
Bennington College, Bennington, VT, USA that work will be discussed here, but I will focus
e-mail: rlcohen@bennington.edu on the role such factors have in the context of

© Springer Science+Business Media New York 2016 257


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_14
258 R.L. Cohen

restorative practices at the meso (small group and what issues will be temporarily honored,” and
community) and macro (state) levels of analysis. where the violation threatens to undermine a
Work on those fundamental processes will be “real agreement concerning the desirability of
employed primarily to interpret the role of three avoiding an open conflict of definitions of the
essential characteristics of the practice: narra- situation.” (Goffman, 1959, p. 10) If the offender
tive, memory, and ritual. acknowledges the violation and apologizes, the
Formally constituted restorative practices victim will often accept the apology or make
assume (1) that all parties have been informed of light of the offense. Failure to recognize or to sat-
the practice and the goals it is intended to achieve isfy another’s claim to have been harmed will
(2) that there is a shared understanding of them often sound a “false note” to which participants’
and (3) that they have agreed to abide by them. attention will be called.
Participation by all parties is assumed to be vol- Actions that are or appear to be inconsistent
untary, though in some settings those perceived with the tacit agreement create a potential for
to have produced the harm might face legal sanc- conflict. To the extent justice practices are
tions for not participating, or for failing to satisfy established to prevent, moderate, or minimize
these conditions (for example, admitting their conflict, restorative justice practices are
“responsibility” for the harm). These practices intended to resolve it to the satisfaction of the
are similar to those evident among participants in participants. When such conflicts cannot be
mundane social interaction in which a norm or resolved in dyads, third parties might be called
value has been violated. on to assist in crafting a resolution or might
However, if an offender’s acknowledgment of decide for any one of a number of reasons
responsibility is required to participate in restor- (including that they are legally required) to
ative practices (as is the case in many instances), provide such assistance.
and if doing so eliminates or reduces his criminal Social life proceeds as though there were a
liability, others might suspect (and the offender shared agreement about its normative foundation,
might even acknowledge) the acknowledgment including the conditions under which and how
was simply a strategic one. Offenders who par- disagreements that emerge should be addressed.
ticipate in restorative practices under these condi- Addressing them requires accessing the norm
tions have forfeited the right to a presumption of and the violation through memory and “subjec-
innocence. Thus, their participation may be simi- tive” description and evaluation of the past
lar to that of criminal defendants who accept expressed in narrative form. Whether the two
“plea bargains” to reduce their penalty. Publicly narratives are consistent or not, the process of
accepting responsibility in exchange for reduced addressing them is likely to take a ritual form.
punishment (akin to a plea bargain) may leave Narrative, memory, and ritual are compressed in
victims and community members uncertain about everyday social interaction, but more clearly
its “authenticity.” Little in the restorative justice identifiable in restorative justice practice at the
literature acknowledges distinctions among meso and macro levels.
causal, legal, and moral responsibility, and the In what follows, I intend to demonstrate the
possibility that offenders, victims, and commu- importance of narrative, memory, and ritual at
nity member participants understand an offend- each of the three levels of analysis. Though in
er’s acceptance of responsibility differently can different ways, restorative practices describe the
cause problems. way narratives of interpersonal or collective
In the course of everyday interaction, one harm, based on memories of the harmful events
party may judge that another has violated what and produced by victims, offenders, and commu-
are assumed to have been shared normative stan- nity members, and according to an agreed-upon
dards. Such an assumption can be described as a ritual that can establish or reestablish a shared
tacit agreement about “whose claims concerning sense of justice.
14 Restorative Justice 259

14.2 Micro-Level Processes Though such routines may occur in the absence
of a third party, they always involve mutually
The role of memory, narrative, and ritual may be interdependent understandings and actions. We
obscured in micro-contexts in which versions of are able to enact these routines and may often do
this sequence occur frequently and even noncon- so nonconsciously, to reestablish, recover, and
sciously in abbreviated fashion. Everyday norm reinforce—to the extent possible—a previously
violations may go unnoticed, noticed but ignored, shared normatively based social order. Much of
or noticed and resolved “routinely.”1 In a dyadic what is likely to transpire in dyadic interaction
interaction among strangers in public, for exam- will involve nonverbal behavior, in part because
ple: (1) one actor violates a tacit agreement about the moments are “fleeting” (though this might be
“whose claims concerning what issues will be less likely when they involve actors already
temporarily honored;” (2) the violator or the known to each other). That very fact is consistent
other actor acknowledges (calls attention to) the with the claim that these reactions do not neces-
violation; and (3) one or both actors attempt to sarily depend on cognitively mediated processes,
resolve the conflict. Restoration occurs regularly and that they might have evolutionary roots. For
in a ritually sequenced form: offense, acknowl- example, evolutionary accounts can contribute to
edgement, conciliation (e.g., apology), and understanding how “appeasement displays” may
acceptance. decrease the likelihood of future conflict among
Evidence for the occurrence of such sequences human and nonhuman primates (e.g., Baumard,
can be found in work on “civil inattention,” an André, & Sperber, 2013; McCullough, Kurzban,
apparently widely shared norm. Each actor in & Tabak, 2013; Petersen, Sell, Tooby, &
public settings implicitly agrees not to display Cosmides, 2012; Pierce & Bekoff, 2012).
inappropriate interest in copresent others’ activi- A good deal of experimental research demon-
ties and appearances (Smith, 2011). Violating strates that offenders and victims in these
such a norm may require implicit or explicit for- instances both experience, and are believed by
bearance by both actors, so that each conveys to others to experience, moral emotions such as
the other a temporary suspension of the norm. embarrassment, guilt, shame, anger, outrage, and
Goffman (1971/2010) suggests that actors pres- disgust; recent research suggests that regret may
ent in a space and already engaged in interaction have similar effects (Imhoff, Bilewicz, & Erb,
possess a “conversational preserve,” a right to 2012). Despite differences among these emo-
exert some control over who can summon him tions (e.g., Keltner, 1996), and the specific role
into talk and when he can be summoned, and the that shame is thought to play in restorative jus-
right of a set of individuals once engaged in talk tice (Braithwaite, 1989), research on these nega-
to have their circle protected from entrance and tive moral emotions is important for
overhearing by others (p. 40). Such a norm of understanding the processes involved in restor-
civil inattention might be relaxed when strangers ative practices.
or newcomers appear interested in joining (Pillet- For example, Stearns and Parrott (2012) had
Shore, 2010; see also Wesselmann, Cardoso, participants read a prepared narrative (“an auto-
Slater, & Williams, 2012).2 biographical vignette”) in which the author
described doing something wrong and experienc-
ing either guilt or shame, or no emotion. Authors
1
That is, frequently, informally, and without much con- who expressed feelings of guilt or shame elicited
scious effort. I will argue later that restorative practice is more positive evaluations of moral motivation
better understood as a ritual. and social attunement than did those who did not
2
Lovett, Jordan, and Wiltermuth (2012) have recently report an emotion. In a second study, a narrator
validated a “Moralization of Everyday Life” scale
who reported experiencing a desire to apologize
designed to assess moral judgments of everyday
behaviors. (guilt) or feelings of worthlessness (private
260 R.L. Cohen

shame) elicited more positive impressions than etc.) would “re-elicit the feelings that had accom-
one who reported reputational concerns (public panied the experience originally.” (Dong, Huang,
shame) or a lack of any of these feelings. & Wyer, 2013). Such a possibility is implied in
Research on embarrassment suggests that restorative practices, as the narratives victims
physiological reactions such as blushing can and offenders exchange are unlikely to be simple
improve the image victims have of offenders. In recitations of an event. Instead, they are likely to
addition, it may enable offenders to avoid subse- include a re-elicitation of the emotions that
quent social exclusion (Dijk, de Jong, & Peters, accompanied it, and it is the public “re-display”
2009). Other recent research (Dong, Huang, & of those emotions that is central to the ritual char-
Wyer, 2013) asked people to recall and then pro- acter of the practices.3
vide a lengthy (8 min) narrative of a situation in One line of continuing research on dyadic
which they had experienced embarrassment, or to interaction that focuses explicitly on memory,
provide an equally long narrative of a typical day. narrative, and ritual examines conversations
The former were more likely than the latter to between Jo Berry, whose father was killed in an
engage in efforts to “save face,” expressing IRA bombing, and Patrick Magee, who planted
greater attraction to objects (sunglasses) that the bomb. As is the case for much of the work on
symbolically hide and symbolically restore (a meso-level and macro-level restorative practices
facial cream described as having a “restorative (addressed in Sects. 14.3 and 14.4 below), work
effect”) the face. This result further suggests the on these conversations was guided by quite dif-
importance of metaphorical links between physi- ferent traditions (work on metaphor, dialogue,
cal and psychological referents, an issue and discourse). It also differs from that work in
addressed by work on moral metaphors of recon- that the conversations themselves were initiated
ciliation (e.g., Seu & Cameron, 2013) by the victim, accepted by the offender, and did
In a series of studies, Feinberg, Willer, and not include a third party.
Keltner (2012) found that participants who dis- Cameron (2007) analyzes the metaphors of
played more intense embarrassment (“gaze aver- reconciliation and empathy employed by the two
sion, smile controls and inhibition, downward in their conversations over a 2-year period.
and sideways head movements, and sometimes Metaphors were considered likely to play an
nervous face touching and laughter” p. 85) when important role because face-to-face conversa-
describing an embarrassing episode were more tions about these issues are likely to rely on indi-
likely to describe themselves as prosocial, and to rectness and analogy (p. 198). Four major
act prosocially. In addition, observers inferred metaphor groupings were identified: journeys
prosociality from a person’s displays of embar- involving their past individual trajectories and
rassment and said they were more willing to affil- joint trajectory over the course of their discus-
iate with and trust those who expressed it. Finally, sions; connection, as in building bridges and
Nelissen (2012) demonstrated that people admin- breaking down barriers; seeing more clearly by
istered strong shocks to themselves when in the correcting a deficient and partial image of the
presence of someone they had failed to help earn other to a more complete one; and listening to a
a reward, but not when in the presence of some- [the other’s] story.4 The process is later described
one they had not encountered previously, or when as empathic mutual positioning in which “both
they were alone. This suggests that guilt-induced speakers offer and facilitate for each other the
self-punishment can serve as a social signal of
remorse.
3
Little of this research focuses explicitly on the Restorative processes at this level resemble “plea bar-
gains.” An offender admits a violation in exchange for
role of memory, narrative, or ritual in restorative
escaping any more than the minimal penalty of acknowl-
practice. When it does, some researchers have edging error.
argued that recalling a past experience that elic- 4
Bruneau and Saxe (2012) have recently documented the
ited embarrassment or (shame, guilt, outrage, importance of the experience of “being heard.”
14 Restorative Justice 261

taking up of positions that are difficult and painful judgment that they were procedurally just.
for themselves and move together to a different However, beyond that, victims mentioned the
understanding and joint meaning making.” importance of restorative practices being flexible,
(Cameron & Seu, 2012, p. 276) Very similar providing care, focusing on direct dialogue, and
themes and metaphors are recognizable in meso- allowing prosocial motives to be addressed.
level and macro-level restorative practices. These possibilities might be considered in
light of Kraus and Keltner’s research (2013) on
the roles that class and essentialist beliefs may
14.3 Meso-Level (Triads) play in support for restorative as opposed to
retributive justice practices (p. 258). Previous
Research on the experience, display, and signal evidence suggesting a negative relationship
functions of moral emotions at the micro-level between social class and contextual explanations
thus supports claims advanced by restorative jus- is consistent with the idea that retributive punish-
tice theorists about the moral emotions likely to ment holds individuals personally responsible for
be evoked in both an offender and a victim. their violations, whereas restorative punishment
Important as this evidence is, restorative justice seems to acknowledge the important effect of
practices involve relations among an offender, a contextual forces.
victim, and a community, and this triadic relation Research and theory incorporating the triadic
is often not addressed directly. For example, in nature of restorative justice practice (Cohen,
reacting to a victim, people may be interested in 2013) reveals additional complexities. Not only
both restorative and retributive justice and con- do restorative practices require face-to-face con-
sidering both may be difficult. Because restor- tact between victim and perpetrator; such contact
ative justice practice focuses on harm, observers is meant to occur under the protective cover of
may be more attentive to the victim than the safety provided by the community … [and] is
offender. thought to provide the context in which the legiti-
Recent research on observers’ punishment mate needs of the offender, victim, and commu-
decisions demonstrates that observers are con- nity are most likely to be met (Cohen, 2001,
cerned to address both the victim’s harm and the p. 212).
offender’s apparent challenge to group values This requires the face-to-face presence and
and the likelihood of re-offense (Gromet, participation of other members of the community
Okimoto, Wenzel, & Darley, 2012). Observers from which both victim and perpetrator come.
recommended less severe punishments for The social identity shared by occupants of all
offenders whose victims expressed greater satis- three roles implies a shared set of normative stan-
faction with restorative procedures. This might dards that is threatened by the offense. Restorative
suggest that observers interpreted victims’ justice focuses on interactions in which one actor
expressed satisfaction as an indicator of their has “harmed” a specific other, and threatens to
offenders’ reaffirmation of shared group values, undermine the normative standards of the com-
and thus lessened the perceived need for further munity, and thus its collective identity.
punishment. However, the observers here play a This level of restorative practice adds two
very different role than members of the commu- types of complexity to the issues discussed in the
nity who participate directly in restorative jus- previous section: (1) triadic social relations con-
tice. Though the latter are likely to be influenced tain three dyadic relations—here, those between
by the victim’s reaction, they also will have had victim and offender, victim and community, and
direct access to the offender’s behavior, and to offender and community; and (2) each of these
the victim’s reaction to the offender’s behavior. roles might be filled by more than one person.
Interviews with crime victims who participated Braithwaite (1989) suggests the importance of
in various forms of restorative justice practice having both “offender” and “victim” accompa-
Van Camp and Wemmers, (2013) revealed the nied by those with whom each has close ties, and
262 R.L. Cohen

many restorative practices involve several (or (such as those constructed for transitional justice
more) representatives of the community.5 In addi- settings and practices) are important for “situat-
tion, the relevance of narrative, memory, and rit- ing” the “back story” and for writing the future.
ual is more clearly evident at the meso-level The types of narrative most directly relevant
(triad), and at the macro-level (to be discussed in to restorative justice are linked to the identities
Sect. 14.4 below). and roles of the direct participants. “Victim nar-
ratives” are elicited from the central actor(s) who
have been harmed and describe the sequence of
14.3.1 Narrative events that produced that harm. “Offender narra-
tives” are elicited from the central actor(s) who
Testimony about what has occurred, whether produced the harm, and describe the sequence of
formal or informal, is likely to be produced in events that produced it. These narratives are pre-
narrative form. Conflict is more likely to be sented to representatives of “the community”
resolved to the extent to which the narratives whose role is to structure a discussion that identi-
overlap. In everyday enactments of this ritual at fies both similarities and differences between the
the micro-level, the narrative quality of the two in hopes of producing an overlapping narra-
memories recalled is likely to be abbreviated. tive acceptable to all three.
Little if any time will have elapsed between the Restorative justice theory conceives of the
violation and its acknowledgement and likely victim’s narrative as one of suffering and con-
resolution. Meso- and macro-level sequences are tamination, and the offender’s as one of harm and
more likely both to enable and to require that responsibility. The shared narrative that emerges
memories are presented and discussed in narra- could be called a narrative of redemption, in
tive form, as “accounts.” Each actor may present which “a demonstrably ‘bad’ or emotionally neg-
h/h own memory in narrative form, and with suf- ative event or circumstance leads to a demonstra-
ficient overlap so that a shared memory can be bly ‘good’ or emotionally positive outcome. The
produced, a resolution agreeable to all is unlikely initial negative state is ‘redeemed’ or salvaged by
to occur.6 the good that follows it.” (McAdams & McLean,
Restorative justice requires the construction of 2013, p. 234; see also McAdams, Reynolds,
a shared memory of the past, in the present, in Lewis, Patten, & Bowman, 2001)
order to reconstruct spoiled identities and com- The desired outcome is one constructed by all
munities in the future. Such narratives—both three actors, and one designed to benefit all three.
micro-narratives (those constructed in a single All emerge with a more complete understanding
restorative justice session) and macro-narratives of what happened and why the previous “victim”
and “offender” offering each other redemption
5
Weisberg (2003) provides a critique of the way “commu- and reintegration into a community through a
nity” has been conceptualized in restorative justice, and shared (re)affirmation of its values (see Wenzel
Dignan et al. (2007) offer one of the role of “restorative
& Okimoto, 2016, Chap. 13 of this handbook).
facilitator.” Haldemann (2008) employs a similar concep-
tual scheme, though he does so in constructing a philo- One of the difficulties is that both parties to a
sophical argument for the centrality of recognition in conflict often cast themselves in the role of vic-
transitional justice, “the process by which societies con- tim, and the other as the offender. Such initial
front legacies of widespread or systematic human rights
castings and altercastings often create “victim
abuses as they move from repression or civil war to a more
just, democratic, or peaceful order.” (p. 675) “Transitional contests,” each party focusing on the harms they
justice” will be discussed directly in Sect. 14.4 below. have suffered and attributing that harm to the
6
The role of narrative has also been examined in work on other. Such “victim contests” can occur at dyadic,
“retributive justice,” frequently with respect to the strate- the meso-, and the macro-levels. Detailed exami-
gies employed by lawyers for the state and defendant, and
nations of such memory-dependent narratives
the effects different narratives might have on jurors’ deci-
sions (see, for example, Griffin, 2013; Haney, 2009; Rose, have demonstrated both the impediments to and
Diamond, & Baker, 2010). the opportunities of narrative exchange.
14 Restorative Justice 263

14.3.2 Memory viduals, thereby underscoring their role in the


formation of a collective memory not just for
At the dyadic (micro-level), restorative justice conversing pairs but for whole communities.”
involves “fleeting” dyadic interactions: offense, (Stone, Coman, Brown, Koppel, & Hirst, 2012,
recognition, and repair occur in “short order.” If p. 48)
the harm is small, people might simply ignore it: Discussions of the past are selective, as indi-
“no [significant] harm, no foul.” Failure to repair viduals do not mention all that they can in conver-
the harm of the offense can, however, have sation. Both mnemonic and other types of silence
longer-term consequences, reputational and oth- can be conceptualized as “the refusal or failure to
erwise. Offenders who harm and fail to repair speak out,” or, more specifically, “the refusal or
may come to be known as untrustworthy or irre- failure to remember” (Stone et al., 2012 p. 40). As
sponsible as they seem to “take advantage” of much as what is included in the narratives told
others, and victims who fail to bring the harm to and heard in restorative practices, refusals or fail-
the offender’s attention, explicitly or implicitly ures to speak can affect the identities of the par-
asking for repair, may come to be known as “easy ticipants, the roles they inhabit, and the outcome
marks” or “suckers.” In these cases, none of the of the process. Such silences can affect not only
participants (victim, offender, and community) is the “victim” and the “offender,” but also their
“redeemed.” allies and the community members serving as
At the triadic (meso-level), third parties either facilitators. Whether such memories are expressed
are directly aware of the harm or informed of it in the individual narratives, and in the collective
by the offender or victim. A great deal of research narrative to which they might contribute, depends
demonstrates that third-party observers of harm on the participants’ abilities to remember and
often do not intervene, and might even deny their willingness to express what they remember.
knowing of it, to themselves and to others.7 One of the most important functions of the third
Without direct knowledge of the harm, third par- party is to provide the kind of setting in which
ties must rely on the reports of the victim, the memories might easily be elicited and expressed,
offender, or other direct observers. These narra- and this is another reason to distinguish the micro-
tives depend on memorial recollections by wit- level from both meso- and macro-levels (see dis-
nesses whose testimony may be unreliable cussion at Sect. 14.4.1 below).
because of a limited or faulty memory, or because
of a link to those directly involved.
Stone, Barnier, Sutton, and Hirst (2013) pro- 14.3.3 Ritual
vide evidence on the selective retrieval of auto-
biographical memories, suggesting some of the Rossano’s (2012) recent integrative interpreta-
ways people forget and thus fail to report them to tion of rituals suggests they have developmental
others in conversation. Even when such events and evolutionary roots, and that they are both
are remembered, they can be forgotten if they are familial and communal universals. One universal
not expressed, what is called “mnemonic silence.” feature of rituals is the centrality of synchronized
They argue that silence is public, occurs in a and coordinated action that can create powerful
communicative setting, and can have different emotional bonds among participants, which can
effects on speaker and listener. Such silence can increase empathy, affection, and cooperation
affect not only individual memory, including among them. In addition, emotionally compel-
autobiographical memory, but collective mem- ling ritual may contribute to a strong sense of
ory, “propagate[ing] through a network of indi- group identity. Adult rituals also have representa-
tional and memorial functions. They represent
7
“an idealized form of the human social world and
Literature on bystander intervention addresses factors
its behavioral norms,” and “serve as memory
that facilitate or inhibit such intervention.
264 R.L. Cohen

cues helping to bring to mind the values and prior to the offense, the offense itself, and their
behavioral standards of the group …” (p. 540). lives after it.
The performance of rituals may increase con- The narrative of the offender’s wife served as
formity to social norms, and to the extent that a “turning point,” (see p. 23 below), eliciting
rituals remind participants of moral standards, strong emotions from all, providing a common
they may encourage reflection on failures to live focus, and drawing all into “the rhythm and flow
up to those standards (e.g., confession, atone- of the interaction.” (p. 116) This was followed by
ment, etc.) (p. 544). Ritual participants are likely “public displays of solidarity” (including mutual
to be reminded of normative standards, and this touching and eye contact) and provided the
may inhibit thoughts inconsistent with relevant opportunity to develop a resolution endorsed by a
norms and focus attention on goals related to judge. His viewing of the tape seemed to be deci-
those norms. Furthermore, ritual can engender sive, in large measure because of what the video-
prosocial positive emotions toward other group tape revealed to him:
members, facilitating adherence to prosocial I now know more about your attitude than per-
group-based norms [p. 544]. haps any other defendant … There is no reason
A recent experimental field study conducted why I shouldn’t tell you that I found it a very
in nine different community groups in New moving experience. It was not only helpful to
Zealand (Fischer, Callander, Reddish, & Bulbulia, hear what the victim said but it was also useful to
2013) found evidence consistent with these sug- see the expression on your face and I do not
gestions. Distinguishing among three types of believe that you were acting. Every possible indi-
behavior matching (exact synchrony of move- cation is that you were genuinely contrite
ments and/or vocalizations; complementary syn- (p. 116).
chrony, and no synchrony), they found that Restorative justice rituals can thus be seen to be
synchronous rituals and sacred rituals were aimed at a public acknowledgment of the victim’s
linked to higher levels of cooperation. They also suffering and its effect on the victim’s identity, as
found evidence for a trajectory whereby synchro- well as a public restoration of an identity either
nous actions enhance entitativity, which intensi- indistinguishable from non-victimized citizens, or
fies the importance of sacred values, and which to elevate the victim to the status of “survivor.”
then increase prosocial behaviors. Such settings are also intended to acknowledge
Rossner’s (2011) examination of a videotaped publicly the offender’s status as someone who has
restorative justice conference and the processes caused harm—material harm, degradation of the
thought to be central to restorative practice victim, and disrespect for central community val-
(Braithwaite & Mungford, 1994) reveals many of ues—and either to restore the offender to a previ-
these features. She employs Collins (2004) the- ous status indistinguishable from non-offenders or
ory of interaction ritual to analyze a conference to elevate the offender to an even higher identity
involving an offender who stole a purse and later than before the offense, as someone who has been
agreed to meet with the victim in a conference redeemed.
facilitated by a police officer. Additional research supports the description of
Though the offender’s opening narrative of restorative justice practice as ritual, as well as pro-
the event was quite disjointed, the victim’s nar- viding a clear view of the conversational processes
rative that followed led to a discussion with a involved. Gray (2005) interviewed offenders in a
shared common focus, regular turn-taking, and study of a British governmental restorative justice
direct communication that included the narra- program, most of whom expressed confidence
tives of their spouses as well. Each of these about staying out of trouble, and in the belief that
involved not only reconstructed memories of the their apologies were an important part of practice.
burglary, but additional elements that “situated Those who had to perform community service in
it” in a life narrative: switching among their lives addition were more likely than others to see it as
14 Restorative Justice 265

punishment to deter them from re-offending rather internal divisions among individuals or between
than a demonstration of their desire to be reinte- subgroups, each with a different identity and
grated into the community. Though both offenders narrative. Different narratives will likely be
and victims expressed satisfaction with the pro- reflected in differences in the way memory and
cess, it was not clear to them whether the outcomes ritual affect the practice of transitional justice,
were “restorative.” This suggests the importance and the importance of these differences is likely
of distinguishing a reintegration that is local and to depend on the degree to which the relevant
immediate from one that is broader and social relations among actors are exchange- or
longer-lasting. communally based.

14.4 Macro-Level 14.4.1 Narrative

Restorative practices at this level usually extend The triadic structure of restorative justice is eas-
over much longer periods of time, may also occur ily recognizable in transitional justice practices:
simultaneously or sequentially in different loca- victims provide narratives of the harm they have
tions, and envelop large sectors of a single state suffered; offenders provide narratives of their
(or society) or more than a single state. The prac- role in producing that harm; and both are pre-
tices emerge in the aftermath of macro-level con- sented to representatives of “the community”
flicts to address the individual and collective whose role it is to structure a discussion in hopes
harms they have produced, and in the context of a of producing an overlapping narrative accept-
state level transition. They are referred to as able to all three, and an agreement about how
attempts to address “historical injustice(s)” or the harm should be addressed. The settings in
“transitional justice practices.”8 Perhaps the most which such narratives are told may vary. In
widely discussed example is the South African some cases, only two parties may be present—
Truth and Reconciliation Commission (http:// as when victims or offenders tell their stories to
www.justice.gov.za/trc/). community representatives; in other cases, all
As suggested earlier (Sect. 14.3), these prac- three might be present. In addition, a “victim”
tices involve three dyadic relations (between vic- might appear alone, along with non-victim sup-
tim and offender, victim and community, and porters, or with other victims; the same is true of
offender and community), as well as a triadic offenders.
social relation among offender, victim, and com- As was the case in meso-level restorative prac-
munity. In addition, each role is likely to be filled tices, victims’ narratives in transitional justice
by more than one person. Restorative practices at describe suffering and contamination, and offend-
the micro- and meso-level often occur in a lim- ers’ narratives focus on harm, responsibility,
ited space and for a limited time. Whether “suc- remorse, and apology. Attentive listeners tend to
cessful” or not at addressing dyadic or triadic evoke more detailed and elaborated narratives, and
conflict, such practices tend to be circumscribed in initial stages of discussion they may be more
spatially and temporally. likely to come from a victim’s (or offender’s) fam-
The identity of each of the collective actors in ily and friends (McAdams & McLean, 2013). As
transitional justice practice will be linked to an the discussion continues, however, listening atten-
historical narrative, but it is also likely to reflect tively to the “other” narrative may become more
likely, which may then elicit even more detailed
8
Differences among such truth and reconciliation com- and elaborated responses. The result is the emer-
missions (TRCs) and between these and other macro-level gence of a shared narrative of redemption con-
forms to address many related practices will not be structed by and to the benefit of all three. All
addressed here. I will employ the term “transitional
justice.” emerge with a more complete understanding of
266 R.L. Cohen

what happened and why the previous “victim” and on the history of the conflict (rather than on the
“offender” offering each other redemption and present situation) present major obstacles. Here,
reintegration into a community by a shared (re) as in meso-level restorative practices, the active
affirmation of its values. This shared narrative participation of a third party seemed to be cru-
helps to construct a shared memory of both the cial in producing a successful resolution by help-
conflict and its resolution. Work discussed earlier ing to identify the central features of each party’s
(Cameron, 2007; Cameron & Seu, 2012; Rossner, narrative and the nonverbal messages they might
2011) is similar in many ways to the focus on (pri- contain.
marily) victim narratives elicited in transitional This study also found the two groups employ-
justice practice. ing different narratives. Israelis employed a nar-
Work on narrative has emerged in conjunction rative in which they have positive, peaceful
with increased attention to restorative practice. intentions, but live among Arabs from whom
Hammack and Pilecki (2012) have suggested they must consistently defend themselves against
narrative be considered the “root metaphor” for attack. Palestinians employed a narrative in
political psychology, and theoretical and empiri- which they have been dispossessed from their
cal work on narrative seems to have grown sig- native homeland by a Jewish occupation under
nificantly alongside increased attention to which they experience suffering and humiliation
processes central to conflict and justice. (p. 305). When an American third party was
Hammack (2013) explored links between actively involved in conversations that focused
Israel’s master narrative and the individual nar- on the present, the number of personal narra-
ratives of Israel youth by interviewing 17 Jewish tives and also acknowledgment of the out-group
Israeli youth motivated to engage with increased. The authors suggest that the introduc-
Palestinians in a coexistence program. He found tion of new information based on personal expe-
significant overlap between their individual nar- riences into the conversation “had a special claim
ratives and Israel’s master narrative of collective to truthfulness and that refuting it would suggest
redemption involving four related themes (his- that those who [provided it] were liars” (p. 306).
torical persecution and victimization, existential A recent field experiment in Rwanda (Bilali &
insecurity, exceptionalism, and delegitimization Vollhardt, 2013) examined the effect of the
of Palestinian identity). Most problematic for the embedding of messages about justice and dia-
possibility of reconciliation, the idea of Israeli logue in a radio drama that featured a reconcilia-
exceptionalism is closely linked to the delegiti- tion process between the two villages. Six months
mization of Palestinian identity. What might ini- after the beginning of the program, participants
tially appear to be an acceptance of Palestinian received an “audio-delivered questionnaire,” in
identity often became conditional because of a which the questions were asked either by an actor
failure to acknowledge the conflict’s clear asym- from the program or an unknown actor. Those
metry of power. who heard the actor from the show demonstrated
Additional research on Israeli and Palestinian less competitive victimhood and intergroup mis-
narratives (Ben Hagai, Hammack, Pilecki, & trust, but greater perceived similarity between the
Aresta, 2013) examined a contact encounter in- and out-group’s suffering (p. 148).9
among Israeli, Palestinian, and American ado-
lescents, not only to identify root narratives
articulated by Israelis and Palestinians in dis-
cussing the conflict, but also to discover whether
certain conversational conditions might lead to 9
As suggested above, both parties to a conflict are likely
acknowledgement of the legitimacy of the out- to cast themselves as victim, and the other as offender.
These castings can often reframe the conflict so that each
group’s narrative. Previous work on structured
party emphasizes the harms it has suffered, and attributes
encounters suggested that the asymmetric power that harm to the other (e.g., Shnabel and Ullrich, (2013);
relationship between the two parties and a focus Shnabel, Halabi, & Noor, 2013).
14 Restorative Justice 267

14.4.2 Memory tion that artists, especially writers, must ask is,
“How can we create texts that will move the audi-
Molly Andrews (2003) suggests that both indi- ence, taking them to new places of understanding
vidual and collective memory10 are contested ter- and new ways of living?” (p. 348)
rains. Truth commissions, and other macro-level This is reminiscent of the metaphor of the
restorative practices, allow sites where large pub- “journey” Cameron and Seu identified in the con-
lics can witness “the making of collective mem- versations between Jo Berry and Pat Magee that
ory, with all of the tensions and ambiguities that helped lead to their reconciliation (Cameron,
this entails.” (p. 62) Such sites may not only be 2007; Cameron & Seu, 2012), as well as Green
open to public access, nor accessible only for real- and Brock’s (2000) examination of the role of
time listening and viewing. In preparation for “transportation” in public narratives, including
such practices, or in their wake, archives of testi- the experience of “being transported.”
mony by victims, offenders, and observers have Bradbury also suggests that the Apartheid
been created to establish a memorial record. Archive not only enables people to tell their own
Among them are those established in relation to stories, but provides others—both those who
the South African Truth and Reconciliation lived through the experience or a similar one and
Commission, The Register of Reconciliation those in future generations—the opportunity to
“gave members of the public a chance to express read them (2012, p. 349) They became part of the
their regret at failing to prevent human rights vio- historical record that may affect both individual
lations and to demonstrate their commitment to memories and a society’s collective memory.
reconciliation.” (http://www.justice.gov.za/Trc/ Such information is available to those who par-
ror/index.htm). The Apartheid Archives Project ticipated directly in the harm—as victims,
aims to examine the nature of the experiences of offenders, or community members—and those
racism of particularly “ordinary” South Africans who did not. These “official” archives are often
under the old apartheid order and their continuing supplemented through intergenerational con-
effects on individual and group functioning in tact—between those who experienced the harm,
contemporary South Africa … [It] documents, primarily (though not only) as victims, and a
analyzes and provides access to personal or narra- “born-free” or “hinge generation,” those born
tive accounts of the impact of apartheid on the after the harm was initially committed. Some of
lived realities of their authors (www.historicalpa- these may be direct descendants of victims (or
pers.wits.ac.za/?inventory/U/collections&c=AG3 offenders), while others may not. The informa-
275/R/9023) tion available can thus consist of both archival
Bradbury (2012) examined narratives of the material and direct contact with participants.
past drawn from the Archives as well as from the Frankish and Bradbury (2012) explored one
accounts of artists and analysis of social scien- kind of such contact, the stories that South
tists at the third Apartheid Archive Conference in African mothers and grandmothers told their
Johannesburg in July 2011. She notes the fre- (grand) children about their experiences during
quent mention of the phrase “being moved:” Apartheid. The older women often told traumatic
What moves in our encounters with great art or stories involving violence toward and the death
with the stories of others’ lives is we ourselves. of family members and friends. The narratives
It is this “movement” or “being moved” that pre- they tell distinguish between their lives before
vents us from simply settling back into our chairs and after the “turning point” at which the vio-
and returning to our former selves … The ques- lence occurred (see p. 15 above). The major
themes that emerge involve sexuality and moth-
ering, and these are linked to both trauma and
10 Work on collective memory is large and multifaceted.
nostalgia, and the narratives include not only talk
Only a small sample of that work is referred here (Brants
& Klep, 2013; Hewer & Roberts, 2012; Hirst & Echterhoff, but significant silences, here as earlier communi-
2012). cated through refusals and failures to speak.
268 R.L. Cohen

However, Frankish and Bradbury (2012) also of distinguishing between ritualistic action and
note that though the traumatic events were expe- ritual. Among many others, restorative justice
rienced as “pivotal and disruptive” when told to theorists claim that the ritual character of a prac-
the interviewers, when told to their children and tice has significant consequences. Rossano
grandchildren they become nostalgic versions of argues (2012; see earlier discussion) that syn-
their own pre-trauma lives. In this way, they fash- chronized and coordinated action is central to
ion nostalgic versions of a longer past as a way to ritual, and that the shared movements involved
overcome the violation of the trauma event for can create powerful emotional bonds among
the next generation. Recapturing a time before participants.
the trauma event, even a difficult and hard time, Transitional justice practices are often
offers these women a sense of mastering the extended in time (occurring over many years) and
trauma even, and provides resources for the next space (simultaneously in several places or
generation to navigate their own stories sequentially in different places). While restor-
(pp. 304–305). ative practices at the micro- and meso-levels
Mohamed and Ratele (2012) also analyzed a often involve a single offender and victim (and
sample of narratives from the Archive and con- their supporters), transitional justice practice
cluded that, without intending to do so, the proj- involves many individual victims and individual
ect has become less about the past, and more perpetrators, and in some cases, collective vic-
about “subjects trying to live with the memory of tims and offenders. Though the ritual underlying
apartheid in the present while trying to imagine a the practice is similar—victims’ testimony about
future where the wounds of racism are sutured.” the harm suffered, offenders’ testimony about
(p. 291) They also suggest the importance of a their role in producing it, and community repre-
distinction between conciliation—fostered by a sentatives’ organization and facilitation of the
new constitution allowing conciliation at both the process, variations in the number and constitu-
familial and national levels—and the reconcilia- tion of the categories of victims and offenders
tion that might follow, again at both the familial will vary. Because of the complexity of such pro-
and national levels, but only when memory over- cesses, relevant theory and research vary a great
comes “the pervasive silences in the narratives deal in scope, focus, and methodology (Clamp &
and nostalgia’s temporal conflations and demon- Doak, 2012; Lambourne, 2009).
strates the pains of returning home with its mul- Maruna (2011) examines restorative rituals by
tiple and contradictory meanings.” (p. 291) focusing on the reintegration of offenders into the
Similar themes emerge in recent work exam- community. He suggests understanding this as
ining links between shared memories produced the last of three stages—preceded by separation
in family conversation and collective memories from everyday life and liminality akin to van
of national history. For example, Sonn (2012) Gennep’s classical work on “rites of passage.”
draws on narratives submitted to the Apartheid (1909/1960) In the liminal stage, the person lies
Archive Project by South African immigrants in between a previous stage of certainty and clear
Australia about their memories, and Bietti (2010; identity, and a later stage in which certainty and
Bietti & Audelo, 2012) also explore autobio- identity have been transformed.
graphical and collectives memories of the In reintegration, the person is welcomed into a
Argentinian dictatorship that emerge in family new status through “symbolic acts of incorpora-
discussion and storytelling. tion” which contribute to the definition and ratifi-
cation of a new self, a central feature of
Braithwaite’s initial conception of reintegration.
14.4.3 Ritual Achieving such a reintegration was seen to
require the experience of reintegrative shame,
Transitional justice practice, as well as similar rather than a stigmatizing shame that was likely
practices at other levels, suggests the importance to lead to re-offending.
14 Restorative Justice 269

Central to Maruna’s argument is that rituals past, and only slightly more for those committed
affect not only direct participants, but a wider in the distant past.
audience, which might be the primary intended Two other pieces of work might be mentioned
focus and beneficiary. Beyond their effects on in addressing the issue of memory in “transitional
participants and the audiences exposed to them, justice.” First, Morgan (2012) discusses the
rituals are intended to reaffirm and thus reinforce issues surrounding Germany’s apology to the
the shared moral foundation of the relevant com- Hereros in Namibia 100 years after the beginning
munity. It is for this reason that he stresses the of a colonial war (1904–1907) in which German
importance of community members’ involve- citizens gradually occupied traditional lands, and
ment in the rituals themselves, a central aspect of then engaged in systematic violence that shat-
Rossano’s (2012) conception of ritual. It is much tered Herero society. Later growth and unifica-
easier to identify these theoretically based tion of that society linked to war with Germany,
hypotheses on the effects of transitional justice and in Namibia more generally, led to indepen-
ritual than it is to employ them in practice and to dence in 1990 and the declaration of a national
systematically investigate their consequences.11 policy of reconciliation.
Systematic research on the effects of these rit- Partly because of fear that independence
ual practices at the macro-level has increased sig- would distract public attention from the injus-
nificantly and has produced important, if tices they suffered, Hereros began public and
conflicting, results. For example, Rimé (Rimé, coordinated efforts to involve Germany in recon-
Kayangara, Yzerbyt, & Paez, 2011) reports that ciliation. They called on Germany to recognize
the rituals involved in the Gacaca tribunals follow- the events of 1904–1907 as genocide, to admit its
ing the 1994 Rwandan genocide effectively responsibility for it, and to address the historical
increased shame among offenders and reduced it injustices. Programs of public commemoration
among victims. In addition, participation reduced were conducted in 2004 to recognize the cente-
perceived out-group homogeneity, decreased in- nary of the start of the fighting at which
group self-categorization, and increased positive Germany’s Minister for Economic Development
stereotypes among both victim and prisoner par- and Cooperation offered an official apology:
ticipants. Similar effects were observed by Rimé We Germans accept our historical and moral
in research on Chileans’ response to the Truth and responsibility and the guilt incurred by Germans
Reconciliation Commission, and Political at that time. And so, in the words of the Lord’s
Imprisonment and Torture Commission (see also Prayer that we share, I ask you to forgive us our
Allpress, Barlow, Brown, & Louis, 2010). trespasses and our guilt. Without a conscious pro-
However, Schimmel (2012) argues that the cess of remembering, without sorrow, without
retributive features of these tribunals may well apology, there can be no reconciliation—remem-
come at the expense of restorative justice for vic- brance is the key to reconciliation … Those who
tims. With respect to the descendants of offend- fail to remember the past become blind to the
ers, after reviewing research on self-criticism present. By remembering the past, we should
among citizens of European countries involved in gain strength for the present and the future
colonization and twentieth-century genocides, (Morgan, p. 31).
Leach and his colleagues (2013) conclude there Kurtis, Adams, and Yellow Bird (2012) exam-
is little evidence of strong and explicit self- ined the relationships among collective identity,
criticism for injustices committed in the recent individual identity, and collective memory of past
wrongdoing. They conducted content analyses of
11
Celermajer (2013) offers a thoughtful critique of Thanksgiving proclamations (“national glorifica-
attempts to distinguish “mere rituals of apology” from tions”) by US presidents for the period 1993–
“sincere” ones, particularly for apologies in transitional
2000 (Bill Clinton) and 2001–2009 (George
justice. See also Fischer et al. (2013) for an evolutionary
account of collective rituals, and Summers-Effler (2010) W. Bush) to examine the major themes included,
for an application of ritual theory to social movements. and those that went unmentioned. They compared
270 R.L. Cohen

these themes with remarks prepared by Frank I’ve also stressed the fundamental importance
Wamsutta James, Wampanoag leader, for a 1970 of the triadic nature of these practices. I’ve relied
event commemorating the 350th anniversary of here on a great deal of experimental research that
the Pilgrims’ landing in Plymouth. James’s focuses on the reactions of individuals asked to
remarks included the following: imagine themselves in dyadic or triadic interac-
Today is a time of celebrating for you, but it is tion, and at times face-to-face varieties of each.
not a time of celebrating for me. It is with heavy Arguing that restorative justice practices are fun-
heart that I look back upon what happened to my damentally triadic interactions is meant to sug-
People. The Pilgrims had hardly explored the gest the importance of a broad range of research
shores of Cape Cod four days before they had strategies. A good deal of the work discussed
robbed the graves of my ancestors, and stolen here relies on detailed observation of restorative
their corn, wheat, and beans. Massasoit, the great practices that occur over long periods of time,
leader of the Wampanoag, knew these facts: yet and as they occur. Work that addresses the mutual
he and his People welcomed and befriended the interdependencies of narrative, ritual, and mem-
settlers little knowing that before 50 years were ory in restorative practices is very much needed.
to pass, the Wampanoags and other Indians living Finally, though restorative justice might have
near the settlers would be killed by their guns or received less explicit attention than work on dis-
dead from diseases that we caught from them. tributive justice and procedural justice, I’ve sug-
Though the major theme in the presidential gested that a restorative practice might provide a
proclamations was “national glorification,” geno- deeper and more systematic examination of the
cidal themes were addressed in three different settings in which claims about injustice are con-
ways. Indigenous Peoples were either simply not tested. It might also encourage more work that
mentioned, they were mentioned but genocidal integrates theory and research both within disci-
violence went unmentioned, or both the plines and between them.
Indigenous Peoples and the genocidal conquest
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Part IV
Spheres of Justice
The Psychology of Social Justice
in Political Thought and Action 15
Tobias Rothmund, Julia C. Becker,
and John T. Jost

[T]he prevailing belief in ‘social justice’ is at present probably the gravest threat to most
other values of a free civilization.
— Friedrich August von Hayek
If you tremble with indignation at every injustice then you are a comrade of mine.
— Ernesto Guevara

Social justice is at the heart of political action. scholars have offered ideas about why social
This becomes evident when one considers con- justice is such an important cornerstone of human
temporary political movements, such as the Arab societies and how it can best be accomplished
Spring or Occupy Wall Street movements, both through political conduct. Historical milestones
of which contested existing forms of social, eco- include social contract theory (e.g., Hobbes,
nomic, and political inequality. The central con- Locke, Rousseau, Rawls), utilitarianism (e.g.,
cerns of the Occupy movement referenced Bentham, Mill, Hume), Marxian socialism
notions of injustice, including the principle that a (e.g., Marx, Engels, Gramsci, Lukacs), feminism
society’s wealth should not be highly concen- (e.g., de Beauvoir, Friedan, MacKinnon), and vari-
trated at the very top of the population (e.g., the ous other forms of critical theory (e.g., Adorno,
wealthiest 1 %). Similarly, the unofficial slogan Benjamin, Foucault, Habermas).
of the Arab uprisings was “Freedom, Dignity, and In the present chapter, our goal is not to review
Social Justice!” the normative (i.e., philosophical) conceptions of
Political philosophy has addressed the rele- social justice (for a review, see Meyer &
vance of social justice in political theory since the Sanklecha, 2016, Chap. 2 of this handbook; see
times of classical antiguity. Plato and Aristotle also Jost & Kay, 2010). Instead, we address the
introduced the idea of the person as a “zoon politi- psychology of social justice in the context of pol-
con,” a social animal that strives to organize com- itics, focusing in particular on ordinary citizens’
munal life (politie, greek: πολιτεία). For centuries, thoughts, feelings, and actions. Acknowledging
that it is difficult to find a commonly accepted
T. Rothmund (*) definition of social justice, Jost and Kay (2010)
University of Koblenz-Landau, Fortstr. 7, pointed out that social justice is a property of
Landau 76829, Germany social and political systems and reflects at least
e-mail: rothmund@uni-landau.de
two different states of affairs. First, benefits and
J.C. Becker burdens in society are distributed in accordance
University of Osnabrück, Neuer Graben, Osnabrück
49074, Germany
with principles of justice. Second, social justice
e-mail: julia.becker@uni-osnabrueck.de depends upon procedures, norms, and rules that
J.T. Jost
govern political decisions to preserve the basic
New York University, New York, NY, USA rights, liberties, and entitlements of individuals
e-mail: john.jost@nyu.edu and groups.

© Springer Science+Business Media New York 2016 275


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_15
276 T. Rothmund et al.

The first criterion pertains to distributive jus- ideology (see also Jost, Federico, & Napier,
tice (see Jasso, Törnblom, & Sabbagh, 2016, 2009). This becomes obvious when one exam-
Chap. 11 of this handbook). A central research ines the most commonly used indicator of politi-
question in this domain is how people perceive cal ideology: the left-right dimension. The
and evaluate the distribution of wealth (and other classification of political attitudes in terms of a
outcomes) in a given society. From a psychologi- single left-right (or liberal–conservative) dimen-
cal perspective it is important to note that people sion can be traced back to the French Revolution,
differ in (a) how important distributive justice is when conservative supporters of the monarchy
to them, and (b) what types of distributive out- sat on the right side of the French Assembly hall,
comes they consider to be just. In the present while revolutionary opponents sat on the left.
chapter, we will discuss ways in which concep- Since that time, scholars have frequently argued
tions of justice—especially conceptions of dis- that equality is an extremely important organiz-
tributive justice—vary as a function of political ing principle in left-wing political attitudes,
attitudes and ideological beliefs. In particular, we whereas resistance to egalitarian forms of social
will review empirical evidence indicating that change reflects an important element of right-
people who consider themselves to be leftists (or wing attitudes (Jost et al., 2009; Jost, Glaser,
liberals) differ systematically in their justice con- Kruglanski, & Sulloway, 2003; McCloskey &
ceptions when compared with people who con- Zaller, 1984). Research on the psychological
sider themselves to be rightists (or conservatives). underpinnings of justice conceptions in leftists
The second criterion refers to the domain of pro- and rightists adds complexity and nuance to this
cedural justice (see Vermunt & Steensma, 2016, picture. In what follows, we review empirical
Chap. 12 of this handbook) and is strongly related research on the relationship between political
to the notion of political legitimacy. A central ideology and various conceptions of justice. We
research question in this area is whether and, if use the terms left or liberal and right or conser-
so, how people evaluate rules, procedures, and vative interchangeably and focus on two ques-
systems as fair and just. Accordingly, we outline tions. First, do liberals generally care more about
research on how laypersons derive political legit- justice as a moral (or ethical) matter than conser-
imacy from procedural fairness within the politi- vatives? Second, do liberals emphasize different
cal system and how procedural fairness promotes principles of distributive justice than
cooperation within a societal system. Whereas conservatives?
perceptions of distributive and procedural justice
contribute to the appraisal of social justice in a
given society, perceptions of social injustice 15.1.1 Social Justice as a Moral
motivate political protest behavior. Thus, we will Concern
also address the question of how perceived injus-
tice can mobilize political protests and why peo- Social justice concerns are typically regarded to
ple sometimes fail to oppose social injustice. be moral concerns (e.g., Giner-Sorolla, 2012).
Finally, we will address research gaps and poten- For example, if someone is treated unfairly in a
tial avenues for future research. given society, people generally regard this to be
morally wrong. Although there is no common
definition of morality, scholars assume that moral
15.1 Political Attitudes concerns “must bear on the interest or welfare
and Conceptions of Justice either of society as a whole or at least of persons
other than the judge or agent” (Gewirth, 1984,
There is a fairly broad consensus in political sci- p. 978). From an evolutionary perspective, Haidt
ence and psychology that beliefs about social jus- and Kesebir (2010) have discussed five sources
tice reflect key elements of political attitudes and of intuition about morality, namely, concerns for
15 The Psychology of Social Justice in Political Thought and Action 277

(a) fairness and justice, (b) care and the avoid- some critics feel that the identification of these
ance of harm, (c) loyalty within social groups, (d) five (or, sometimes, six) moral “foundations” is
respect for and obedience to authorities, and (e) at least somewhat arbitrary and assumes that very
spiritual and bodily purity. different types of intuitions (e.g., justice-based
Studies have revealed correlations between vs. disgust-based responses) should be placed on
left-right (or liberal-conservative)orientation and an equal moral plane. Indeed, as Jost (2012)
the endorsement of these different moral intu- pointed out, some of the world’s greatest atroci-
itions (Graham, Haidt, & Nosek, 2009; Haidt & ties have been motivated by ideological commit-
Graham, 2007; McAdams et al., 2008; Van ments to in-group favoritism, obedience to
Leeuwen & Park, 2009). Whereas liberals value authority, and the enforcement of purity
justice and care more than conservatives do, con- standards.
servatives value loyalty, respect, and purity more
than liberals do. Haidt and Graham (2007, p. 99)
interpreted these results as follows: “justice and 15.1.2 Different Principles
related virtues (based on the fairness foundation) of Distributive Justice
make up half of the moral world for liberals,
while justice-related concerns make up only one Liberals and conservatives differ not only in how
fifth of the moral world for conservatives.”1 strongly they emphasize justice concerns in their
Differences in moral concerns between liber- moral judgments. There is also a difference in
als and conservatives are presumably related to how issues of distributive justice are conceptual-
the “cultural divide” in the U.S. concerning con- ized and appraised. As we have already noted, the
troversial political issues such as abortion, gun domain of distributive justice pertains to deci-
control, gay marriage, economic inequality, and sions about how to distribute benefits and bur-
climate change. Many conflicting stances can be dens to individuals and groups through means
linked to the fact that liberals and conservatives such as taxation, entitlement programs, and the
emphasize different moral concerns (Koleva, provision of public goods (Mitchell, Tetlock,
Graham, Iyer, Ditto, & Haidt, 2012). For exam- Newman, & Lerner, 2003; see also Sachweh,
ple, a heightened sensitivity to issues of social 2016, Chap. 16 of this handbook). The fairness of
justice could explain liberals’ support for same- distributions can be judged according to three
sex marriage, whereas disgust reactions in different principles: equality, equity (or propor-
response to violations of purity could help to tionality, including merit), and need (Deutsch,
account for conservatives’ opposition to same- 1975; see also Jasso, Törnblom, & Sabbagh,
sex marriage. 2016, Chap. 11 of this handbook). According to
There is some cross-national evidence sug- the principle of equality, resources should be
gesting that the correlational patterns between shared equally among the members of a group or
political orientation and moral concerns observed society; according to the principle of equity/
in the U.S. are also present in other cultural con- merit, resources should be distributed in accor-
texts (Graham et al., 2011). At the same time, dance with individual contributions; according to
the principle of need, resources should be directed
toward those who need them the most. This for-
1
Haidt and Graham (2007) argue, with apparent approval, mulation leads us to the question of whether
that conservative morality is more “balanced” than liberal
morality. However, Jost (2012) pointed out that that the liberals and conservatives emphasize different
scales used to measure moral intuitions suffer from the principles of justice (see also Jost & Kay, 2010).
problem of acquiescence response bias and that conserva- Empirical evidence indicates that liberals
tive patterns of responding suggest general agreement judge public policies as more fair when they are
with all items and a lack of differentiation among poten-
tially competing moral principles rather than “balance” based on the principle of equality than if they are
per se. based on merit, whereas conservatives tend to
278 T. Rothmund et al.

prefer merit-based policies over egalitarian poli- 15.1.3 Political Ideology


cies (Rasinski, 1987). Thus, liberals are gener- as Motivated Social Cognition
ally more concerned about economic inequality
than conservatives (e.g., Mitchell, Tetlock, As we have already suggested, conceptions of
Mellers, & Ordonez, 1993; Napier & Jost, 2008). justice are related to political thought and action
Differences in fairness judgments between liber- in at least three different ways. First, social jus-
als and are conservatives seem to be greatest in tice plays a more central role in the moral judg-
hypothetical societies that contain moderate ments of liberals and leftists than it does in the
(rather than especially high or low) degrees of judgments of conservatives and rightists (as the
meritocracy (Mitchell et al., 2003). When it is epigrams we have chosen for this chapter would
ambiguous or unclear whether economic out- suggest). Second, when it comes to consider-
comes in society are earned or unearned, liberals ations of distributive and redistributive justice,
appear to focus on the insufficiency of merito- liberals are more inclined to evaluate fairness in
cratic considerations and, thus, interpret eco- terms of the principle of equality, whereas con-
nomic inequality as unfair. By contrast, servatives are more likely to emphasize the prin-
conservatives seem to emphasize its sufficiency ciple of merit. Third, conservatives are more
and, thus, interpret economic inequality as fair. likely to attribute the causes of personal need to
Political ideology is also related to the eval- internal factors and are less inclined than liberals
uation of the need principle when it comes to to support policies of redress (including welfare
the distribution of public goods. There is con- and affirmative action). In this section, we intro-
sistent evidence that conservatives are more duce theories of` system justification (e.g., Jost &
likely to attribute the personal neediness of Banaji, 1994; Jost & van der Toorn, 2012) and
claimants to internal and controllable factors, social dominance (e.g., Sidanius & Pratto, 1999)
such as a lack of effort or an unwillingness to to address motivational explanations for why
be self-reliant, whereas liberals are more likely political attitudes would be related to justice
attribute neediness to factors external to the conceptions.
person, such as discrimination or a lack of System justification theory (SJT) posits that
equal opportunity (e.g., Christiansen & Lavine, people are motivated to evaluate the societal sys-
1997; Napier, Mandisodza, Andersen, & Jost, tem in which they live and work in relatively posi-
2006; Skitka & Tetlock, 1992). Likewise, liber- tive terms (Jost & Banaji, 1994). Jost and Hunyady
als are more inclined than conservatives to (2005) proposed that system-justifying tendencies
make external attributions for poverty result from epistemic motives to reduce uncer-
(Furnham, 1982a; Sniderman, Hagen, Tetlock, tainty and existential motives to manage threat
& Brady, 1986; Weiner, Osborne, & Rudolph, and that both types of motives lead people to favor
2011), unemployment (Feather, 1985; Furnham, conservative attitudes that maintain the status
1982b), and criminal behavior (Carroll, quo. There is indeed consistent evidence that (in
Perkowitz, Lurigio, & Weaver, 1987; Miller, comparison with liberals) conservatives (a)
1973). Thus, conservatives are more likely than exhibit higher needs for order, structure, and clo-
liberals to (a) evaluate claims for public sup- sure; (b) are more concerned about threats to the
port as undeserved, (b) suspect free riding, and stability of the social system; and (c) score higher
(c) oppose bids for public support (e.g., Skitka on various measures of system justification (Jost
& Tetlock, 1993). Furthermore, conservatives et al., 2003; Jost, Nosek, & Gosling, 2008).
are more likely than liberals to believe that McCoy and Major (2007) linked conserva-
claimants from social out-groups (such as tives’ preference for the merit principle over the
immigrants) are less deserving than claimants equality principle to system justification motiva-
from in-groups (Bierbrauer & Klinger, 2002; tion. The basic idea is that because conservatives
Van Oorschot, 2006). are more inclined to believe that the existing
15 The Psychology of Social Justice in Political Thought and Action 279

social order is just they are more motivated to Sidanius, Stallworth, & Malle, 1994; Pratto,
legitimize existing inequalities in general (but see Tatar, & Conway-Lanz, 1999).
Son Hing et al., 2011). In any case, there is a In conclusion, political attitudes and justice
good deal of evidence that the justice conceptions conceptions are strongly interrelated, insofar as
of conservatives are shaped by system justifica- conservatives (a) are less likely to prioritize
tion, social dominance, and other motivational issues of fairness and social justice when making
dynamics (e.g., see Knowles, Lowery, Hogan, & moral judgments, (b) more likely to evaluate dis-
Chow, 2009). For instance, Napier and Jost tributive justice in terms of principles of merit
(2008) demonstrated that economic inequality in than equality, and (c) more readily interpret
society affects subjective well-being more nega- requests for public support on behalf of disadvan-
tively for liberals than conservatives. More spe- taged groups as undeserved, in comparison with
cifically, they discovered that increased inequality liberals. For all of these reasons, conservatives
in the U.S. (measured with macroeconomic indi- are less inclined than liberals to support bids for
ces) from 1974 to 2004 was associated with a redistribution or redress (including welfare and
stronger reduction in self-reported happiness for affirmative action). There is also quite a bit of
liberals than conservatives. The authors sug- evidence to suggest that ideological differences
gested that conservative perceptions that inequal- in resistance to social change and opposition to
ity is legitimate and deserved provide an equality are derived at least in part from motiva-
ideological buffer against the negative hedonic tional dynamics that can be explained according
effects of inequality. to theories of system justification (Jost et al.,
Another psychological pathway by which 2003, 2008, 2009) and social dominance
political orientation may be linked to concep- (Sidanius & Pratto, 1999).
tions of justice can be derived from social domi-
nance theory (Sidanius & Pratto, 1999). Social
dominance theory focuses on the maintenance 15.2 Procedural Justice
and stability of group-based social hierarchies in the Political Arena
(such as status differences based on sex or eth-
nicity) and proposes that individuals differ in Procedural justice plays an especially important
social dominance orientation (the tendency to role in the evaluation of democratic societies. For
justify and legitimize group-based hierarchies). example, governmental elections are typically
Duckitt and Sibley (2010) argue that social experienced as fair to the extent that they satisfy
dominance orientation is important for under- clear criteria for procedural fairness: “The will of
standing why people embrace conservative ide- the people shall be the basis of the authority of
ology. They state that a personality orientation government; this will shall be expressed in peri-
characterized by tough-mindedness and a lack odic and genuine elections which shall be by uni-
of empathy predisposes people to perceive the versal and equal suffrage and shall be held by
social world as a competitive jungle. This per- secret vote or by equivalent free voting proce-
ception reinforces the motivational goals of dures” (§ 21.3 of the Universal Declaration of
power, dominance, and superiority and trans- Human Rights, United Nations, 2014). From a
lates into attitudes and behaviors that prioritize social psychological perspective, we may ask
group-based dominance and opposition to how people evaluate the fairness of political
equality in intergroup relations. In other words, decision-making, and how perceptions of
people with a stronger social dominance orien- procedural fairness in the political arena relate to
tation are more likely to believe that everyone is citizens’ support for political institutions, author-
the architect of his or her own fortune. Such ities, and outcomes. Next we outline the psycho-
individuals are also more inclined to prefer logical links among procedural justice,
merit over equality as a principle of distributive institutional trust, and political legitimacy, and
justice (Haley & Sidanius, 2006; Pratto, we will address the question of how evaluations
280 T. Rothmund et al.

of procedural justice in political decision-making tions of political legitimacy has been observed
relate to forms of civic cooperation. with regard to legislative institutions such as the
U.S. Congress (e.g., Farnsworth, 2003), legal
institutions such as the Supreme Court (e.g.,
15.2.1 The Emergence of Political Gibson, Caldiera, & Spence, 2003), and authori-
Legitimacy ties such as the police (e.g., Tyler, 2011). In other
words, the more political authorities are seen as
Legitimacy has evolved as a key concept for satisfying the criteria for procedural justice, the
understanding leadership, authority, and regime more they are perceived as trustworthy, legiti-
support in the social and behavioral sciences mate, and entitled to lead. There are good theo-
(Hegtvedt, Johnson, & Watson, 2016, Chap. 23 retical and empirical reasons to assume that
of this handbook; Jost & Major, 2001). At the perceptions of procedural justice and political
most general level, legitimacy refers to the “prop- legitimacy are mutually reinforcing. Whereas
erty of an authority, institution, or social arrange- fairness heuristic theory suggests that there is a
ment that leads those connected to it to believe causal effect of procedural justice on perceptions
that it is appropriate, proper, and just” (Tyler, of political legitimacy (Lind, 2001), SJT would
2006a, p. 375). Political legitimacy reflects the also suggest that perceptions of political legiti-
idea of power through entitlement. Political macy (as well as other antecedents of system jus-
power can result from different sources, such as tification) could foster perceptions of procedural
threat or social cohesion or promises of reward or justice (van der Toorn, Tyler, & Jost, 2011). Here
punishment. For example, in a dictatorship, we outline both theoretical approaches and pro-
power is typically based on threat and the fear of vide an overview of the empirical evidence bear-
punishment (Moghaddam, 2013). Legitimacy, ing on each.
however, provides political power based on the A central assumption of fairness heuristic the-
perception that authorities are entitled to lead. To ory is that people in organizations and societies
the extent that an authority figure is chosen are confronted with a fundamental social
through legitimate means (such as a free and fair dilemma when it comes to trusting and support-
election), the decisions or rules that are enforced ing political authorities (Lind, 2001). Whereas
by that authority figure will be more voluntarily people generally benefit from organizational
accepted (Tyler, 2006b; Tyler & Jackson, 2013). structures by means of collective goods (e.g.,
There is an abundance of evidence that politi- using taxes to build roads), there is also a risk of
cal authorities and institutions are viewed as exploitation from powerful leaders. According to
more legitimate when they exercise their author- the theory, people use procedural justice criteria
ity through procedures that people experience as as heuristic cues by which to evaluate the trust-
fair (e.g., see Tyler, 1984, 2006a). Leventhal worthiness of authorities. When authorities act in
(1980) proposed that consistency (i.e., when the line with these criteria, it communicates their
process is applied consistently across persons willingness to sacrifice some of their own pre-
and time), bias suppression (i.e., decision makers rogatives (e.g., things they could obtain by
are neutral), accuracy of information (i.e., deci- exploiting their power) for the benefit of their fol-
sions are not based on false information), correct- lowers (e.g., Colquitt & Rodell, 2011; Van Dijke,
ability (i.e., procedures exist for correcting bad De Cremer, & Mayer, 2010). Authorities who
outcomes), representation or voice (i.e., all sub- disregard these criteria, on the other hand, tend to
groups in the population affected by the decision be perceived as untrustworthy (e.g., Tyler &
are heard from), and ethics (i.e., the process Wakslak, 2004). Although most research address-
upholds personal standards of ethics and moral- ing the causal effects of procedural fairness on
ity) are hallmarks of procedural justice. In numer- perceived legitimacy and trustworthiness has
ous studies, a positive correlation between been conducted in organizational contexts, there
perceptions of procedural fairness and ascrip- are some studies documenting this link in politi-
15 The Psychology of Social Justice in Political Thought and Action 281

cal settings (e.g., Clawson, Kegler, & Waltenburg, The group-value model of procedural justice
2001; Gangl, 2003; Kershaw & Alexander, 2003; connects procedural justice to underlying rela-
Murphy, 2004; Terwel, Harinck, Ellemers, & tional motives (e.g., Tyler & Lind, 1992). The
Daamen, 2010; Tyler & Caine, 1981; Tyler, model suggests that individuals’ evaluations of
Rasinski, & McGraw, 1985). procedural justice are linked to the desire to
Reversing the direction of causality, SJT sug- maintain a reasonably high status in the social
gests that the processing of information about pro- groups to which they belong. More precisely,
cedural justice could itself be influenced by the Tyler (1994) argued that people use information
motivation to perceive the system as legitimate about how they are treated by others to determine
and just (e.g., see Jost & van der Toorn, 2012). their own status within a group, organization, or
System-defensive motivation is theorized to be society. Being treated fairly and with dignity
especially strong for individuals who possess communicates social acceptance (and reasonably
heightened epistemic, existential, or relational high social status), whereas being treated unfairly
motives, such as those exposed to circumstances and without respect is assumed to convey social
of threat. For instance, Feygina and Tyler (2009) rejection (and low social status). The group
observed that participants who were high (vs. low) engagement model develops this logic to explain
in system justification were less likely to integrate how procedural justice translates into coopera-
information about procedural injustice by legal tion with others (Tyler & Blader, 2003). On the
authorities into their appraisals of trustworthiness. basis of social identity theory (Tajfel & Turner,
Other evidence similarly suggests that political 1979), the authors argue that being treated fairly
legitimacy promotes the motivational distortion of in a group, organization, or society enhances the
procedural justice perceptions (Colquitt & Rodell, pride and sense of identification that one gains
2011; Vainio, 2011; van der Toorn et al., 2011). from group membership. As a consequence,
That is, the more people perceive an authority to group-based goals and motives are activated, and
be legitimate, the more system justification "kicks people are more willing to advocate for collective
in", diluting the effects of perceptions of proce- interests and to cooperate with fellow group
dural injustice. members (see also De Cremer & Tyler, 2005).
Most studies investigating the effects of pro-
cedural justice on cooperation have focused on
15.2.2 Procedural Justice and Civic organizational citizenship behaviors, that is, pro-
Cooperation social activities that help an organization but are
not, strictly speaking, part of one’s professional
Cooperation is generally understood as a kind of duty (for a meta-analysis, see Whitman, Caleo,
behavior in which people act not only in terms of Carpenter, Horner, & Bernerth, 2012). In addi-
their own personal interest but also to help other tion, there is evidence that perceptions of proce-
individuals, their communities, or society at large dural fairness can promote acts of civic
(Deutsch, 1975; Penner, Dovidio, Piliavin, & cooperation, such as providing assistance to the
Schroeder, 2005). On a societal level, coopera- police (e.g., Mazerolle, Bennett, Davis, Sargeant,
tion among individuals can take many forms, & Manning, 2013). This body of research sug-
such as working as a volunteer, donating money, gests that citizens’ compliance with the law in
paying one’s taxes, and participating in social general and police work in particular is enhanced
movements. We refer to these kinds of societal- when officers communicate in a manner that fol-
level behaviors as civic cooperation. Tyler and lows principles of procedural justice (e.g., Doyle,
Blader (2003) proposed a psychological link Gallery, Coyle, & Commissioners, 2009; Tyler &
between procedural justice and civic cooperation. Huo, 2002; Wenzel, 2002). In one field experi-
In this section, we briefly outline their theoretical ment, for example, Australian taxpayers were
assumptions and review evidence bearing on this more willing to file a tax declaration after they
perspective. received a reminder letter that adhered to proce-
282 T. Rothmund et al.

dural fairness criteria, in comparison with a stan- place outside of “normal” political channels or
dard reminder letter (Wenzel, 2006). institutions; often it is initiated by oppositional
In conclusion, there are theoretical and empir- movements. Examples include demonstrations,
ical reasons to assume that a reciprocal relation- street blockades, and riots, as well as activities
ship exists between perceptions of procedural performed by individuals, such as signing a peti-
justice and ascriptions of legitimacy to political tion or donating money to support collective
authorities and institutions. Fairness heuristic causes and social organizations.
theory suggests that there is a causal effect of per-
ceptions of procedural justice on ascriptions of
political legitimacy. On the other hand, SJT sug- 15.3.1 Models Predicting Political
gests that perceptions of political legitimacy (as Protest
well as other antecedents of system justification
motivation) can foster perceptions of procedural Different branches of research in sociology,
justice. Importantly, however, the empirical evi- political science, and psychology suggest that
dence to date has been limited largely to cross- three variables are especially important in pre-
sectional data obtained in organizational contexts. dicting protest intentions. These are perceptions
There is a need for more empirical research of social injustice, perceptions of group efficacy
addressing the bidirectional relationships (individuals' beliefs that the group is strong
between procedural justice and legitimacy in the enough to redress its grievances), and social iden-
political sphere (see also van der Toorn, Napier, tification (how important the group is for the indi-
& Dovidio, 2014). Given persistent concerns vidual, e.g., see Klandermans, 1997; van
about declining rates of civic engagement and Stekelenburg & Klandermans, 2010; Van
social capital in modern societies (e.g., Putnam, Zomeren, Postmes, & Spears, 2008). Next, we
2000), it would be especially fruitful to expand describe each of these three elements before
the scope of empirical research to investigate the introducing a model that combines them.
ways in which procedural fairness can promote The perception of social injustice constitutes
cooperation and participation in the realm of one of the most powerful predictors of collective
politics. action. In the collective action literature, both
procedural and distributive justice perceptions
play an important role. Members of disadvan-
15.3 Perceived Injustice taged groups can be motivated to engage in col-
and Political Protest lective action because they evaluate the
distribution of outcomes to be unfair (e.g., gender
In this section of the chapter, we provide an over- discrimination) or because they evaluate proce-
view of models and variables that have been used dures to be unfair (e.g., when they are denied a
to explain the individual’s motivation to partici- voice). However, these justice perceptions are not
pate in political protest. Why is political protest necessarily differentiated. For instance, in their
an important topic in social justice research? One meta-analytic review, Van Zomeren et al. (2008)
reason is that when researchers ask political chose not to distinguish between justice percep-
activists why they protest, the most common tions based on unfair outcomes vs. unfair treat-
answer involves the perception of social injustice ment and suggested that the relationship between
(e.g., Wright, 2001). Justice appraisals, in other various justice conceptions and collective action
words, are strongly related to protest intentions. should be similar.
On most accounts, political protest is considered Long ago social scientists discovered that the
to be an expression of collective action, which subjective experience of deprivation, that is, the
may be defined as any action that is aimed at perception of relative deprivation, is typically
maintaining or enhancing the status of one’s own more important than objective levels of depriva-
group (e.g., Wright, 2001). Protest may also take tion when it comes to motivating protest behavior
15 The Psychology of Social Justice in Political Thought and Action 283

(e.g., Stouffer, Suchman, DeVinney, Star, & group distinctiveness, and the more strongly an
Williams, 1949). A great many studies suggest individual is identified with a given social group,
that people are more likely to engage in collective the more likely he or she is to engage in collective
action designed to ameliorate inequality when action to improve the conditions of that group
they view their own group as relatively deprived (e.g., Jost, Chaikalis-Petritsis, et al., 2012; Kelly
in comparison with a salient reference group & Breinlinger, 1996; Simon & Klandermans,
(e.g., Runciman, 1966). However, people do not 2001; Van Zomeren et al., 2004, 2008). Although
always perceive their own group as relatively identification with the relevant social group (such
deprived, even when there are good reasons for as women or gays and lesbians) predicts support
surmising that it is (e.g., see Jost & Kay, 2010). for protest, politicized identification or “social
In any case, political protest is not merely an movement identification” (e.g., identification
emotional reaction to perceived social injustice. with the feminist or gay and lesbian movement)
From a more deliberative (and perhaps rational) is a much stronger predictor in general (Stürmer
perspective, people are more likely to engage in & Simon, 2004). This last fact suggests a bigger
collective action when they believe the expected role for political ideology (and system justifica-
value of the benefits of action to exceed the tion motivation) than some models of collective
expected value of costs. In this calculation, much action would portend (but see Jost, Chaikalis-
hinges upon perceptions of group efficacy, inso- Petritsis, et al., 2012)
far as individuals are only willing to accept the Van Zomeren et al. (2008) considered the
risks of participation (which often include the three elements of perceived injustice, collective
potential for injury or arrest) to the extent that self-efficacy, and social identification and pro-
they believe that their group is likely to succeed posed that social identity is central to collective
(e.g., Kelly & Breinlinger, 1996; Mummendey, action because it not only directly motivates pro-
Kessler, Klink, & Mielke, 1999; Tausch et al., test behavior but also affects appraisals of injus-
2011; Van Zomeren, Spears, Fischer, & Leach, tice and efficacy. These researchers observed that
2004). At the same time, recent research suggests feelings of injustice (which they labeled “affec-
that this may be more true for nondisruptive (i.e., tive injustice”) were better predictors of support
normative) collective action (such as peaceful for protest than injustice appraisals based on cog-
demonstrations) than for disruptive (i.e., nonnor- nitions (“nonaffective injustice”). Furthermore,
mative) collective action—actions that are not in work by Rothmund, Baumert, and Zinkernagel
line with societal norms such as violent protests. (2014) suggests that justice sensitivity from an
In fact, there is some evidence to suggest that observer’s perspective (i.e., the tendency to expe-
group members will be more likely to choose dis- rience anger when observing injustice directed at
ruptive forms of protest to the extent that they others) was more likely than justice sensitivity
feel that the group will not be able to solve its from a victim’s perspective (i.e., the tendency to
grievances through nondisruptive channels experience anger when thinking about injustice
(Tausch et al., 2011). Roughly speaking, reac- directed at the self) to predict self-reported anger
tions to these two types of situations correspond about procedural injustice and protest behavior.
to the distinction between emotion-focused cop- Despite the fact that researchers have iden-
ing—in which anger in response to perceived tified several variables that are associated with
injustice predicts protest—and problem-focused protest intentions, actual participation in col-
coping—in which group efficacy is the key to lective action is relatively rare, especially in
predicting protest behavior (e.g., Van Zomeren view of the high levels of social, economic,
et al., 2004). and political inequality around the world (e.g.,
Finally, social identification is an important Jost & Kay, 2010). In the next paragraph, we
predictor of participation in political protest. discuss a number of social psychological barri-
According to social identity theory (Tajfel & ers that may prevent individuals from engaging
Turner, 1979), people strive to maintain positive in protest.
284 T. Rothmund et al.

15.3.2 System-Stabilizing Factors The second factor pertains to the lure of alter-
That Impede Political Protest native strategies that members of disadvantaged
groups can use to cope with (rather than chal-
Why do people frequently fail to protest against lenge) an unjust situation. Within the framework
the sources of disadvantage and deprivation? In of Social Identity Theory, Tajfel and Turner
this paragraph, we introduce three system- (1979) outlined three different strategies that
stabilizing factors that help to explain why mem- members of disadvantaged groups can use to
bers of disadvantaged groups would refrain from repair their negative (or stigmatized) images.
developing or simply lose interest in collective First, as long as group boundaries are permeable,
action: system justification processes, social cre- members of disadvantaged groups can exit the
ativity strategies, and cross-group contact group, seek upward mobility on their own, such
between low- and high-status group members. as admission in a higher status group. When
SJT proposes that people are motivated to jus- group boundaries are impermeable and status dif-
tify and legitimize the status quo and thus the ferences between groups are perceived to be sta-
overall societal system (Jost & Banaji, 1994). ble and legitimate, members of disadvantaged
This motivation can affect the belief structures groups are more likely to engage in social cre-
not only of those who stand to benefit from the ativity strategies, such as: (a) engaging in down-
system but also of those who are disadvantaged ward (rather than upward) social comparison, (b)
by it. A person’s belief in a just world, which emphasizing a novel dimension of comparison,
reflects the desire to perceive the world as a fair and (c) redefining an externally defined negative
place in which everyone gets what he or she group attribute as positive. A third identity man-
deserves (Lerner, 1980), can be understood as an agement strategy is to participate in collective
expression of system justification motivation action aimed at bringing about social change;
(Jost & Hunyady, 2005). System-justifying such action is most likely when group boundaries
beliefs, including the belief in a just world, are impermeable and status relations are per-
increase people’s acceptance of unequal outcomes ceived to be illegitimate and unstable.
and directly undermine their intentions to engage Research has revealed that the pursuit of indi-
in protest against social injustice (e.g., Becker & vidual upward mobility and at least two of the
Wright, 2011; Jost, Chaikalis-Petritsis, et al., three social creativity strategies tend to weaken
2012; Jost, Stern, & Kalkstein, 2012; Olson & the motivation for collective action. Even when
Hafer, 2001; Wakslak, Jost, Tyler, & Chen, 2007). people believe that a very small minority of in-
Moreover, the endorsement of system-justifying group members (i.e., “tokens”) are able to enter a
beliefs moderates the relation between relative higher status group, their interest in protest is
deprivation and support for protest. For example, dramatically reduced (Wright & Taylor, 1999).
the association between feeling relatively Furthermore, when people engage in downward
deprived and supporting political mobilization on social comparison (by comparing their own
behalf of one’s own group was attenuated for group with a group that is even worse off), their
individuals who were high (vs. low) on system interest in protesting against structural inequality
justification in a nationally representative sample is undermined (Becker, 2012). Likewise, when
in New Zealand (Osborne & Sibley, 2013). In members of a low-status group compare their
sum, individuals who endorse system-justifying group to another group on a new (complemen-
beliefs are less likely to perceive group-based dis- tary) status dimension on which their in-group
crimination, even when they suffer from discrimi- excels (e.g., when women compare themselves
nation themselves. And even if they perceive with men in terms of social skills rather than
disadvantage, they do not necessarily take action; power), they lose interest in protesting because
they may believe that their group deserves its feelings of relative deprivation are dampened
lower status or that it is all part of God’s plan or (Becker, 2012). The only identity maintenance
that things will turn out to be fine in the long run strategy that did not undermine intentions to pro-
(e.g., Jost et al., 2014; see also Stroebe, 2013). test seems to be redefining a negatively imposed
15 The Psychology of Social Justice in Political Thought and Action 285

group attribute as positive (e.g., “Black is beauti- empirical findings bearing on each. In this con-
ful”). In summary, then, the pursuit of alternative cluding segment, we highlight the primary find-
strategies for dealing with a stigmatized social ings as well as gaps in each of the three areas of
identity may discourage participation in protest research. Finally, we identify avenues for future
aimed at bringing about social change. research at the intersection of political psychol-
A third system-stabilizing factor has to do with ogy and social justice research.
potential conflicts between affective loyalties and To begin with, we reviewed empirical research
the maintenance of a social change orientation; demonstrating that there are systematic differ-
such a conflict may occur when members of a dis- ences in how leftists (or liberals) and rightists
advantaged group have positive social contact (or conservatives) perceive and evaluate issues of
with members of an advantaged out-group. social justice, especially when it comes to distrib-
Because intergroup contact is one of the most utive justice (i.e., the distribution of benefits and
effective ways to reduce prejudice and to increase burdens in society). These differences have to do
intergroup liking (e.g., Pettigrew & Tropp, 2008), with the perceived significance of social justice in
it is at odds with certain group-based emotions moral judgments as well as the relative weight-
(such as anger directed at the privileged out-group) ings of different principles of distributive justice
that are important predictors of protest. Indeed, (e.g., equality vs. merit). Based on SJT (Jost &
researchers discovered that having at least one van der Toorn, 2012) and social dominance theory
friend belonging to the advantaged group reduces (Sidanius & Pratto, 1999), these differences can
a disadvantaged group member’s interest in par- be explained in motivational terms, at least in
ticipating in collective action aimed at redressing part. Such findings contribute to a social psycho-
inequality (e.g., Dixon, Levine, Reicher, & logical understanding of ideological conflict,
Durrheim, 2012; Wright & Lubensky, 2009; see including the so-called "cultural divide" in the
also Jost, Stern, et al., 2012). One way of avoiding U.S. over controversial social and political issues
(or overcoming) this dilemma is for members of (such as abortion, gun control, use of torture,
disadvantaged groups to share their perceptions of immigration, and global warming).
the illegitimacy of the status quo in cross-group One hopes that these findings will also suggest
contact situations (Becker, Wright, Lubensky, & methods of conflict resolution. As Montada
Zhou, 2013). (2007) has argued, understanding and acknowl-
In summary, then, system-justifying beliefs edging different justice conceptions may provide
and ideologies, identity management strategies, an important step in the direction of addressing
and conflicting loyalties all have the capacity to and ameliorating social conflict. There are other
dampen perceptions of relative deprivation and important tasks for future research as well. For
social injustice. A scientific understanding of example, it would be extremely valuable to bring
these three factors helps to address the question a developmental perspective to bear on the ques-
of why protest is as rare as it is, given the extent tion of how political attitudes and justice
of inequality and exploitation that continues to conceptions come together in late adolescence.
exist in societies around the world. What are the specific causal mechanisms respon-
sible for political socialization and ideological
development? Does the relationship between
15.4 Summary and Conclusions ideology and social justice change over the
course of a lifetime? The satisfactory provision
In this chapter, we have reviewed the theoretical of answers to questions such as these will neces-
and empirical literature that addresses how social sitate the use of longitudinal as well as experi-
justice issues relate to the political thinking and mental research designs.
engagement of laypersons. We outlined three In the second part of this chapter, we reviewed
dominant theoretical perspectives and reviewed empirical research bearing on the reciprocal
286 T. Rothmund et al.

relationships that exist between perceptions of to act against the source of their deprivation.
procedural justice and political legitimacy. In line After reviewing mechanisms that motivate people
with fairness heuristic theory (Lind, 2001; Van to participate in protest, we shifted our focus to
den Bos, 2001), people often use procedural jus- factors that help to explain why many individuals
tice criteria as heuristic cues by which to evaluate are disinclined to take action against group-based
the legitimacy and trustworthiness of authorities disadvantage. We identified cognitive belief
(e.g., Colquitt & Rodell, 2011; Van Dijke et al., structures (such as system-justifying ideologies)
2010). Based on group engagement theory (Tyler and identity management strategies (i.e., social
& Blader, 2003), there is also evidence that per- creativity) as key factors that, along with con-
ceptions of procedural justice can increase civic flicting loyalties, help to explain why protest is
cooperation. At the same time, the more individ- relatively rare. Future work should examine how
uals perceive an authority to be legitimate, the system justification on the part of the disadvan-
more system justification motivation is expected taged may be overcome so that people will be
to operate, possibly undermining sensitivity to more accurate in their perceptions of relative
procedural injustice. Research is needed to better deprivation and social injustice and therefore
understand the reciprocal relationships between more motivated to exhibit political solidarity and
perceptions of procedural (in)justice and per- participate in collective action (e.g., see Subašiü,
ceived political legitimacy. For example, an ave- Reynolds, & Turner, 2008).
nue for future research would be to investigate It should be noted that justice concerns may
how elements of procedural justice are applied also encourage the advantaged to support poli-
instrumentally by political authorities to simulate cies that result in the redistribution of economic
legitimacy and trustworthiness, thereby forestall- resources and, in this sense, may be contrary to
ing resistance and rebellion. Indeed, some studies their own economic self-interest (Smith & Tyler,
suggest that it can be relatively easy to undermine 1996). Protests are likely to be more successful to
protest by promoting illusory perceptions that the extent that they are able to gain allies from
opportunities, including opportunities for voice, privileged groups as well as third-party observ-
exist. For example, research suggests that as long ers. Future research is needed to determine how
as members of disadvantaged groups believe that members of highly diverse groups can work
a few members of their group are able to gain together with the shared motivation to ameliorate
access to advantaged positions—even when the social injustice. Insofar as collective action
vast majority remains in a disadvantaged state— researchers have not distinguished between the
an individual’s interest in protesting against effects of distributive and procedural injustice,
structural inequality is dramatically reduced (see more work is needed to determine whether these
Wright, 2001). From a different angle, however, two types of appraisals have different ramifica-
providing people with the feeling that they do tions for participation in collective action.
have a voice could foster a sense of empower- Returning to a more general consideration, we
ment, and the expression of grievances could wish to acknowledge that we have not provided
motivate further demands for social justice. an exhaustive overview of the ways in which
Future research is needed to determine when pro- social justice considerations are related to politi-
cedural justice leads to the tolerance of inequality cal thought and action (see Jost & Kay, 2010, for
and justification of the status quo and when it a more lengthy discussion). For one thing, there
leads to empowerment and increased motivation is a growing body of research on the roles of for-
for social change. giveness and reconciliation in treating the
In the third part of this chapter, we discussed psychological consequences of political violence
social psychological variables that predict an and intergroup conflict (e.g., see Amstutz, 2006).
individual’s willingness to engage in collective This work, which links political reconciliation to
action for social change. We noted that justice theory and research on restorative justice (see
conceptions play a key role in motivating people Cohen, 2016, Chap. 14 of this handbook), has
15 The Psychology of Social Justice in Political Thought and Action 287

been inspired and promoted by institutional inter- taged group members say (or don’t say). Personality
and Social Psychology Bulletin, 39, 442–455.
ventions such as the South African Truth and
Besley, J. C., & McComas, K. A. (2005). Framing justice:
Reconciliation Commission (Gibson, 2006). Using the concept of procedural justice to advance
There are also lines of research that have recently political communication research. Communication
garnered scientific interest because of political, Theory, 15, 414–436.
Bierbrauer, G., & Klinger, E. W. (2002). Political ideol-
economic, or technological developments. For
ogy, perceived threat, and justice towards immigrants.
instance, interest has surged in the question of Social Justice Research, 15, 41–52.
how internet-based forms of political communi- Bruns, A., Highfield, T., & Burgess, J. (2013). The Arab
cation (e.g., the role of Twitter during the “Arab Spring and social media audiences: English and
Arabic Twitter users and their networks. American
Spring”; Bruns, Highfield, & Burgess, 2013) and
Behavioral Scientist, 57, 871–898.
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democracy in e-government; Kang & Gearhart, (1987). Sentencing goals, causal attributions, and per-
2010) affect the social psychological processing sonality. Journal of Personality and Social Psychology,
52, 107–118.
of information about social injustice and protest
Christiansen, N. D., & Lavine, H. (1997). Need-efficiency
behavior. Along these lines, Besley and McComas trade-offs in the allocation of resources: Ideological
(2005) proposed a framework for integrating the and attributional differences in public aid decision
theoretical insights of research on procedural jus- making. Social Justice Research, 10, 289–310.
Clawson, R. A., Kegler, E. R., & Waltenburg, E. N.
tice and political communication.
(2001). The legitimacy-conferring authority of the
We began this chapter by suggesting that social U.S. supreme court an experimental design. American
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M. Schmitt (Eds.), Handbook of social justice theory
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Social Justice and the Welfare
State: Institutions, Outcomes, 16
and Attitudes in Comparative
Perspective

Patrick Sachweh

embracing ever larger segments of the population


16.1 Introduction and addressing an increasing number of social
problems (Myles & Quadagno, 2002). However,
“Justice is the first virtue of social institutions,” as mass unemployment began to strain national
John Rawls famously remarks in the opening budgets after the oil crisis of the 1970s, this expan-
pages of his theory of justice (Rawls, 1973, p. 3). sionary phase came to a halt, and the last two
Within the institutional architecture of Western decades have seen a phase of profound welfare
capitalist societies, welfare state policies are state restructuring and—in some policy fields and
among the most important mechanisms devised to countries—retrenchment during which benefit
ensure and uphold a certain degree of social jus- levels have been cut and social rights have been
tice, that is, a distribution of goods, positions, and curtailed (Korpi, 2003; Myles & Quadagno, 2002).
burdens considered fair (White, 2010).1 In reaction Yet, despite claims of convergence or a purported
to the social disruptions caused by the emergence “race to the bottom,” the institutional design of con-
of the capitalist mode of production in Western temporary welfare states still differs considerably
Europe at the end of the nineteenth century—and across the industrialized countries of the OECD
its concomitants of urbanization, mass mobiliza- world (Arts & Gelissen, 2002; Castles & Mitchell,
tion, and population growth—formal institutions 1993; Esping-Andersen, 1990; Huber & Stephens,
of social protection gradually began to replace tra- 2005; Leibfried, 1992)—and so does the emphasis
ditional safety nets, such as the community or the welfare states give to different principles of social
family, in order to protect workers and their fami- justice, the extent to which they realize these princi-
lies against the vagaries of the market (Marshall, ples through their programs and policies, and what
1949/1993; Wilensky, 1975). Originating in insur- their citizens regard as just. In this chapter, I will map
ances against work accidents, sickness, and old out and discuss the relationship between social jus-
age, welfare arrangements in Western Europe con- tice and the welfare state on the institutional, social-
tinuously expanded after the Second World War, structural, and attitudinal level from a cross-national
perspective. In doing so, I mostly follow Esping-
1
Andersen’s (1990) distinction between liberal, con-
Although one could argue that welfare state institutions
also incorporate specific principles of procedural justice, I servative, and social-democratic welfare regimes.2
focus on distributive justice as their primary aim.
P. Sachweh (*) 2
While widely referred to, Esping-Andersen’s (1990)
Goethe University Frankfurt, Frankfurt, Germany welfare regime typology was also subject to various forms
e-mail: sachweh@soz.uni-frankfurt.de of criticism, e.g., regarding the number of ideal-typical
© Springer Science+Business Media New York 2016 293
C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_16
294 P. Sachweh

Regarding the institutional level, I ask: To lar support for the welfare state also demands
what extent do different welfare states, due to dif- attention (Arts & Gelissen, 2001; Miller, 1992).
ferences in their institutional design, embody dif- Before I explore these three questions, I briefly
ferent notions of social justice, and what does elaborate the notion of social justice underlying
this imply for their evaluation by their citizens? this chapter and its relation to welfare state poli-
For instance, some policies, such as the universal tics in Sect. 16.2. Sections 16.3–16.5 then map
social programs found in many Scandinavian out the relationship between social justice and
countries, may be seen to rest upon strong egali- the welfare state on the institutional, social-
tarian impulses and receive broad popular sup- structural, and attitudinal level, respectively.
port, while others, such as the means-tested Finally, Sect. 16.6 discusses whether—and
programs typical of many Anglo-Saxon nations, how—conceptions of social justice have changed
only grant a minimum level of benefits to meet in conjunction with major institutional reforms
the most basic needs and are often met with sus- that have occurred in many OECD welfare states
picion by the public (Arts & Gelissen, 2002; within the last two decades, and what this implies
Esping-Andersen, 1990; Korpi & Palme, 1998). for the future development of the welfare state.
On the social-structural level, I ask in how far
the outcomes of different welfare states corre-
spond to certain conceptions of social justice. 16.2 Principles of Social Justice
This is important because welfare states not only and the Welfare State
differ in their institutionalized justice principles
but also in the extent to which their real-world While the importance of the idea of “social jus-
outcomes—for example, the degree of inequality, tice” for welfare state politics may appear intui-
poverty, or socioeconomic (in)security across tively obvious, what precisely is meant by social
individuals’ life course—actually correspond to justice within this context is not clear. In this
these notions, that is, the extent to which they chapter, I rely on Miller’s (1999) tripartite con-
actually achieve justice (Bradley, Huber, Moller, ception of social justice and its principles of
Nielsen, & Stephens, 2003; Goodin, Headey, equality, need, and merit. Such a pluralist under-
Muffels, & Dirven, 1999). standing is useful in the present context for two
Finally, on the attitudinal level, I ask how citi- reasons: First, both normative philosophy and
zens themselves view the welfare state they live empirical justice research share the view that nei-
in and how these views are affected by their sup- ther political actors nor ordinary citizens formu-
port for various principles of social justice. late justice judgments according to a single
Importantly, the issue of social justice in the wel- principle (Deutsch, 1975; Hochschild, 1981;
fare state is not only a matter of academic debate Törnblom & Foa, 1983; Walzer, 1983). Therefore,
but also contested among citizens, particularly in in implementing and evaluating welfare state
an era of ongoing welfare state reform and policies, different criteria may be applied. This
retrenchment. Thus, how popular conceptions also implies that, second, within different welfare
and understandings of social justice relate to the states different notions of social justice are com-
institutional structure of welfare states, how they bined in specific ways, giving priority to one or
vary cross-nationally, and how they affect popu- another ideal. A differentiated understanding of
social justice is thus necessary in order to capture
the specific configurations of justice principles
welfare regimes (Castles & Mitchell, 1993; Korpi & encapsulated in different welfare arrangements
Palme, 1998; Leibfried, 1992), its empirical validity (Arts & Gelissen, 2001).
(Obinger & Wagschal, 1998), or its gender-blindness Equality is perhaps the most common concep-
(Orloff, 1993). Yet, because much empirical research
tion of social justice implicitly or explicitly
refers to the typology in its original form, I follow the
original classification for the most part of this chapter. For underlying much thinking about the welfare
an overview on the debate, see Arts and Gelissen (2002). state. The British sociologist Marshall
16 Social Justice and the Welfare State: Institutions, Outcomes, and Attitudes in Comparative Perspective 295

(1949/1993), for instance, conceptualized the socioeconomic standing, the principle of need
modern welfare state as the culmination of a provides resources to citizens in response to their
three-stage evolution of citizenship rights, rang- demonstrable need. This implies that before
ing from civic over political to social rights. resources are granted, means testing is applied in
Social rights are universal entitlements vis-à-vis order to ensure that claimants cannot rely on any
the state that guarantee each citizen a real income other resources, either provided by their families
independent of her or his success in the market, or by other social programs (Titmuss, 1968).
thereby representing, in Marshall’s terms, a Furthermore, the principle of need does not refer
“drive towards greater social and economic to the fulfillment of idiosyncratic “wants” or
equality” (Marshall, 1949/1993, p. 28).3 “desires” but to the satisfaction of socially
Similarly, Flora, Alber, and Kohl (1977, p. 721) defined and collectively validated needs (Miller,
have defined equality as a primary goal of the 1999, pp. 203–205). Thus, legitimate needs are
welfare state, next to providing security against identified with reference to shared social norms
the uncertainties in citizens’ life courses (Moene about what makes up a “normal human life”
& Wallerstein, 2001). (Miller, 1999, p. 210), and the task of social pol-
Yet, the meaning of equality is not unambigu- icy then becomes to bring about the conditions
ous. Most basically, one can differentiate between which enable people to lead a “minimally decent
equality of opportunity and equality of outcome life in their society” (Miller, 1999, p. 210). In this
(Flora et al., 1977, pp. 722–723). Equality of sense, providing citizens with a basic minimum
opportunity refers to the chances each member of of resources in order to prevent poverty and mate-
society has in obtaining valued goods and rial deprivation and to ensure that each can enjoy
resources, and one of the prime policy fields a minimum standard of living is an essential
where this is addressed is education.4 Equality of component of welfare states (White, 2010).
outcome, by contrast, refers to the idea that spe- However, as will be seen later, defining what
cific valued goods and resources within a society counts as legitimate need—as well as claiming
should be distributed (more) equally, and welfare them—is potentially contested and subject to
states have more or less pronounced redistribu- debate (Fraser, 1990).
tive elements built into their institutional archi- Finally, the concept of merit may at first sight
tecture (e.g., progressive taxation, etc.) in order not appear intuitively relevant to welfare state
to achieve a more egalitarian distribution of politics. The principle of merit, or desert,5 posits
resources (Bradley et al., 2003; Korpi & Palme, that “a person deserves some benefit by virtue of
1998). Importantly, both conceptions of equality some performance or attribute” (Miller, 1999,
matter in the context of welfare state politics, p. 133), and that returns to contributions or per-
albeit their relative importance varies historically formances should follow the principle of equiva-
as well as cross-nationally (cf. Sect. 16.3.1). lence (Miller, 1999, p. 141). In fact, conservative
Another important principle of social justice critics of the welfare state often argue that encom-
in the welfare state context is need. Unlike equal- passing welfare provision represents a disincen-
ity, which ensures citizens equal social rights tive which crowds out individuals’ work ethic
independent of their individual attributes or their and ambition, thus undermining a “meritocratic”
social order (Mead, 1986; Murray, 1984). Along
3
Yet, Marshall recognized that this drive is limited and
that welfare state policies may also represent an “instru- 5
Miller (1999, p. 137) differentiates between desert (a
ment of stratification” (Marshall, 1949/1993, p. 39). person deserves a benefit due to his or her performance)
4
However, apart from the Anglo-Saxon tradition and merit (a person’s personal attributes—partly based on
(Marshall, 1949/1993), comparative welfare state research past performances serving as an indicator of future perfor-
in Continental Europe has for a long time tended not to mance—make him or her deserving of a good). For the
regard education as part of welfare state policy, a fact that present purposes, to differentiate between current, past, or
is changing recently with the emerging focus on “social future performance is not overly important. Thus, I use
investment” (Morel et al., 2012). both concepts interchangeably.
296 P. Sachweh

these lines, when the media and popular dis- sense, welfare state institutions are assumed to
course portray welfare claimants as work-shy, possess a moral quality that can resonate with
unproductive scroungers who are cheating the citizens’ normative orientations and social values
system and therefore undeserving of the benefits in different ways, thereby either enhancing or
they receive, merit seems to be relevant primarily undermining public support for the welfare state
as a negative contrast (Gans, 1995; Katz, 1989). (Rothstein, 1998; Steensland, 2008). Importantly,
However, a more thorough reflection of the role while the following sections aim to uncover the
of merit in the welfare state also should take into dominant justice principle underlying different
account the “meritocratic” elements that are built welfare regimes, real-world welfare arrange-
into many social insurance schemes, as they are ments rest on more than one justice principle,
typical of conservative welfare regimes. Here, often combining multiple ideals in specific ways.7
benefit receipt and replacement rates are strongly Therefore, each section also briefly discusses rel-
related to prior contributions in order to make evant secondary justice principles in each regime.
benefits attractive to the middle class (Mau &
Sachweh, 2013). The notion of merit thus forms
not only a negative background against which the 16.3.1 Social Justice in the Social-
behavior of the alleged “undeserving poor” is Democratic Welfare State
measured but is also a construction principle
deliberately built into social insurance schemes. The institutional core of social-democratic wel-
fare states, as they are characteristic of the
Scandinavian nations, is usually made up of uni-
16.3 Welfare States versal social programs that grant equal social
and Institutionalized rights to all citizens, regardless of income or sta-
Conceptions of Social Justice tus, and that are financed through general taxa-
tion (Esping-Andersen, 1990; Korpi & Palme,
This section maps out the ways in which equality, 1998). Benefits are strongly decommodifying in
need, and merit underlie the institutional archi- their effect, that is, they enable citizens to uphold
tectures of different welfare arrangements, a social acceptable standard of living indepen-
therein essentially following established distinc- dent of their success in the market (Esping-
tions between different varieties of welfare capi- Andersen, 1990). Hence, social democratic
talism (Castles & Mitchell, 1993; welfare states are said to rest upon a “genuinely
Esping-Andersen, 1990). Drawing on a theoreti- universalistic idea of solidarity” (Esping-
cal perspective which can be described as “nor-
mative institutionalism” (March & Olsen, 1989),
welfare arrangements are regarded not only as social policies incorporates specific social values that in
formal rules regulating the management of social turn foster the development of feelings of social solidarity
and mutual obligation among citizens.
risks but also as embodiments of specific ideas 7
One may argue that social justice is not the only value
about a just social order (Titmuss, 1970).6 In this
that is relevant in the context of the welfare state. While
many social scientists and social policy practitioners
6
In the social policy literature, this perspective goes back would not doubt its importance, some neoclassical econo-
to Richard Titmuss’ comparative study on blood donation mists such as Hayek (1959) have claimed that the welfare
in Great Britain and the US (Titmuss, 1970). Titmuss state’s focus on bringing about greater social justice is
found that the system of voluntary blood donation orga- misguided and in fact undermines more fundamental val-
nized by the British National Health Service (NHS) gen- ues, especially liberty. In a similar vein, also social scien-
erated a greater supply and better quality of blood than the tists have pointed to the ambivalent relationship of (some
commercial blood banking system of the US—a fact he particular forms of) welfare state institutions to individual
attributed to the universalist institutional structure of the autonomy (for an overview, see Leisering, 2001). In sum,
NHS which “allowed and encouraged sentiments of altru- however, social justice is likely to retain an important
ism, reciprocity and social duty to express themselves” place in the normative repertoire of welfare states, not
(Titmuss, 1970, p. 225). Thus, the institutional design of least due to its multiple and also changing meanings.
16 Social Justice and the Welfare State: Institutions, Outcomes, and Attitudes in Comparative Perspective 297

Andersen, 1990, p. 67) and “promote equality of social policies receive more widespread popular
status” (Esping-Andersen, 1990, p. 25). support than selective ones because they embody
Equality can thus be seen as one of the central a specific “moral logic” which creates and fosters
normative ideals underlying the universal welfare among the population social norms that repro-
model (cf. Kautto, 2010, p. 589; Mau, 2003, p. 39; duce this type of policy. According to this moral
Torp, 2011). Within this context, both equality of logic, universal social rights treat all citizens with
outcome and equality of opportunity are important equal concern and respect and focus on the well-
for welfare state politics, although their relative being of the entire community (Rothstein, 1998,
significance varies historically as well as cross- p. 159). As eligibility criteria for universal poli-
nationally. In cross-national perspective, social- cies can be framed simply (e.g., via age thresh-
democratic welfare states stand out with regard to olds), they are easy to implement, and they often
policies aiming at greater equality of outcome, embrace their beneficiaries as contributors
which receive more attention here than in conser- (Rothstein, 1998, pp. 156–166). In sum, there-
vative or liberal welfare regimes (Kenworthy, fore, universal social policies can be argued to be
2004; Korpi & Palme, 1998). Although even these substantially and procedurally just—that is, their
generous and encompassing Scandinavian welfare goals are regarded as just and they are carried out
states do not aim at a far-reaching “leveling” of in a fair manner—while they also distribute bur-
citizens’ living conditions and tolerate a certain dens fairly, that is, citizens can be sure that others
degree of socioeconomic inequality resulting from contribute their share as well. Within such an
differences in individuals’ labor market outcomes, institutional design, normative orientations
economic inequality is generally lower than in lib- among citizens are expected to flourish which
eral or conservative regimes (Goodin et al., 1999; propel its legitimacy. “Human agency, as concep-
Korpi & Palme, 1998). Recently, however, one can tualized in universalist programmes,” Mau (2003,
observe a shift away from a traditional focus on p. 38) writes, “is predominantly public-spirited,
redistribution (or equality of outcome) toward an enabling social transactions across class bound-
increasing emphasis on equality of opportunity aries and deploying norms of generalized reci-
under the label “social investment” (Morel, Palier, procity. By stressing the collective character of
& Palme, 2012). Yet, the Scandinavian welfare provision the institutional patterns are said to
states have always been strong in achieving high enhance the moral capacity of citizens.” By con-
levels of equality of opportunity (Erikson & trast, selective policies, as they are typical of
Goldthorpe, 1992; Erikson & Jonsson, 1996), a many liberal welfare regimes, differ from univer-
fact that some observers attribute to the “dual- sal ones in ways which contribute to an erosion of
earner” family policies pursued in these welfare their popular support (see next section).
regimes (Sørensen, 2006). Furthermore, empirical Yet, as mentioned at the beginning of this
studies show that while current reforms may place chapter, equality is not the only justice principle
less emphasis on socioeconomic equality, many that matters for social policy in social-democratic
nations have in fact intensified redistribution in welfare regimes (Kildal & Kuhnle, 2005).
response to increasing market inequality Selective policies granting means-tested benefits
(Kenworthy & Pontusson, 2005). In sum, there- according to demonstrable need or income-
fore, both notions of equality appear to be impor- related elements designed to maintain individu-
tant, as the social-democratic welfare regime aims als’ socioeconomic status in specific life phases
to combine relatively high equality of outcomes also play a role, thus complementing the egalitar-
with high levels of equality of opportunity (White, ian thrust of Scandinavian welfare regimes and
2010). embedding it in other normative principles, such
The focus on equality of universal welfare as need and merit (Kautto, 2010). However, espe-
arrangements has important implications for their cially in comparison to other welfare regimes, the
political support. In his book “Just Institutions social-democratic welfare state still stands out
Matter,” Rothstein (1998) argues that universal with regard to its egalitarian character.
298 P. Sachweh

16.3.2 Social Justice in the Liberal the power asymmetries involved. Indeed, in lib-
Welfare State eral welfare states public debates about welfare
fraud and misuse abound, thus creating popular
Liberal welfare regimes, as they are characteris- suspicion about the legitimacy of welfare recipi-
tic of the Anglo-Saxon nations, may appear as ents’ needs (Golding & Middleton, 1982; Larsen
the reverse image of the encompassing universal & Dejgaard, 2013; Murray, 1984).
welfare states (Castles, 2010; Esping-Andersen, It is not accidental that this kind of popular
1990). While for the well-off citizens social ser- discourse arises in liberal welfare regimes. Early
vices are provided via the market, either directly on, Richard Titmuss has pointed out the stigma-
or through private social insurances, the most tizing effects of selective institutional designs:
important measures of social protection for the “If all services are provided […] on a discrimina-
less well-off are means-tested income mainte- tory, means-test basis,” Titmuss (1968, p. 134)
nance or poor-relief programs aiming at the “cer- asks rhetorically, “do we not foster both the sense
tifiably needy” (Esping-Andersen, 1990, p. 43). of personal failure and the stigma of public bur-
Benefits are provided only if no other support, for den?” The way in which selective institutions
example, by the family, is available and are con- contribute to this stigmatization of their benefi-
tingent upon the execution of means tests. The ciaries has been elaborated by Rothstein (1998).
levels of cash benefits is only weakly decommod- Via the administration of means tests, selective
ifying while in-kind benefits may also play a role policies separate those in need from those who
in such programs (Titmuss, 1968). Hence, the are not, and this “very act of separating out the
principle of need appears to be the primary notion needy almost always stamps them as socially
of social justice that orients the institutional inferior” (Rothstein, 1998, p. 158). Hence, the
design of social policy in liberal welfare states implicit concern embodied within selective poli-
(Torp, 2011; White, 2010, p. 23), and public cies revolves around what the (well-adjusted)
schemes usually do not cater for more than the majority should do about the maladjusted minor-
fulfillment of citizens’ basic needs in order to ity. Additionally, selective policies often face
secure the ability to lead a “minimally decent problems of implementation and allow adminis-
life” (Miller, 1999, p. 210). trators personal discretion in the granting of ben-
However, what counts as a necessary require- efits, thereby provoking the abuse of bureaucratic
ment of a “minimally decent life,” and thus as power and fraud on the part of the clients. While
legitimate need, is subject to debate and to “inter- these issues undermine the perception of selec-
pretive contests” which are structured unequally. tive policies as substantially and procedurally
As Nancy Fraser notes, “needs-talk appears as a just, the granting of assistance only to those who
site of struggle where groups with unequal dis- cannot provide for themselves—and who there-
cursive (and non-discursive) resources compete fore do not contribute economically—also
to establish as hegemonic their respective inter- implies an asymmetrical distribution of financial
pretations of legitimate social needs. Dominant burdens (Rothstein, 1998, pp. 160–164). In sum,
groups articulate need interpretations intended to according to the moral logic of selective (i.e., lib-
exclude, defuse, and/or co-opt counter interpreta- eral) welfare institutions “citizens have reason to
tions. Subordinate or oppositional groups, on the distrust both the government institutions and
other hand, articulate need interpretations their fellow citizens” (Rothstein, 1998, p. 169)—a
intended to challenge, displace, and/or modify fact ultimately undermining public support for
dominant ones” (Fraser, 1990, p. 164). Hence, these schemes (Larsen, 2008).
this suggests that while the principle of need may Yet, need is not the only relevant justice prin-
serve to justify the provision of essential goods ciple in the normative architecture of liberal wel-
and resources, it may also prove as a shaky fare regimes. Merit is also important. First,
ground upon which to voice one’s claims due to because most public social programs that operate
16 Social Justice and the Welfare State: Institutions, Outcomes, and Attitudes in Comparative Perspective 299

according to need only cater for the least well- pensate income losses in the event of unemploy-
off, providing for one’s own welfare is each citi- ment or retirement (Mau, 2004, p. 67). The main
zen’s private responsibility. Therefore, the liberal focus of the conservative welfare model is on
welfare regime rewards those willing and able to social integration, understood as the maintenance
purchase welfare and service provision on the of social order and hierarchy, and on creating loy-
market (e.g., health care, old-age security), alty toward the state (Esping-Andersen, 1990,
thereby maintaining—and to some extent proba- p. 40; Offe, 1998). In providing income security
bly deepening—preexisting economic dispari- and stability, it emphasizes horizontal redistribu-
ties. Second, reforms of minimum income tion across the life course instead of vertical
protection originating in the Anglo-Saxon redistribution between classes.
nations—as for example introduced by the In order to provide status-maintaining bene-
Clinton Administration (“ending welfare as we fits, the institutional design of the conservative or
know it”)—have increased the conditionality of “Bismarckian” welfare model (Palier, 2010)
benefits, partly in response to discourses about strongly adheres to a logic of equivalence akin to
welfare fraud and misuse. For instance, the insurance systems, “where payments are made
receipt of social assistance has been made with the expectation of equivalent returns” (Mau,
increasingly dependent upon the fulfillment of 2004, p. 67). This way of linking the replacement
tightened eligibility rules and goes along with rate of benefits to the level (and in some cases
stricter means testing or toughened work require- also the length) of prior contributions can be
ments (Clasen & Clegg, 2011). Thus, insofar as interpreted to inscribe a “meritocratic” element
benefits are now made contingent upon claim- into the institutional design of social insurance
ants’ “performance,” this can be interpreted as an systems (Torp, 2011). As Miller has argued, the
attempt to introduce “meritocratic” elements into principle of merit demands that equal contribu-
selective social policies. In sum, however, the tions should produce the same rewards, while
granting of public benefits in the liberal welfare higher (or lower) contributions should lead to
regime to a considerable degree still rests on higher (or lower) rewards (Miller, 1999, p. 141).
need, with recent reforms making the demonstra- Thus, the moral logic that channels the flow of
tion of “legitimate need” more difficult. resources within Bismarckian social insurance
systems implies “not only that everyone partici-
pating is benefiting, but also that those who have
16.3.3 Social Justice contributed more will benefit more” (Mau, 2004,
and the Conservative Welfare p. 67). It is this specific logic, which does not aim
State at vertical redistribution but instead maintains
and perpetuates prior inequalities, that marks the
Conservative welfare regimes, as they are typical “conservative” element of social insurance
of the Continental European nations, primarily schemes.
organize social protection through social insur- What are the implications of the institutional
ance schemes. They offer earnings-related bene- design of conservative welfare regimes for their
fits designed to maintain one’s standard of living political support? As the Bismarckian welfare
the face of crucial life course events (Esping- arrangement promises those insured, to a certain
Andersen, 1990; Palier, 2010). Thus, the pro- extent, what they have paid for and minimizes
grammatic structures of social insurance systems cross-class redistribution, it has been said to be
are oriented toward income replacement, thereby easy to legitimize. For instance, Offe (1991,
perpetuating inequalities originating in the mar- p. 129) has argued that this kind of institutional
ket. Mostly, these schemes redistribute income architecture is “morally undemanding” because
over the life span, where payments made from “no one needs to believe in lofty principles of
market income in phases of employment com- solidarity, justice, or equality to become—and
300 P. Sachweh

remain—a rational supporter of the system […]. notions of justice underlying the Mediterranean
Its modest goal is the guarantee of income—and welfare regime are less clear to delineate than
of relative income status!—for employees and with regard to the previous regimes. Rather, the
their dependants.” Along these lines, Ullrich Southern European countries appear to combine
(2008, pp. 198–205) has shown with respect to egalitarian notions of equal social citizenship
the German case that meritocratic justice orienta- (e.g., healthcare) with differentiating “merito-
tions on the part of the citizens also increase their cratic” insurance-type elements in complex, and
support for the German pension insurance probably incoherent, ways.
scheme (which is largely structured along the Furthermore, beyond Western Europe emerg-
above lines), while support for social assis- ing welfare state regimes can be identified in
tance—that is, residual, means-tested minimum Latin America, East Asia, and Eastern Europe.
income support—is dependent upon individuals’ Yet, as research on the values underlying the
adherence to the principle of need (cf. also institutional architecture of these welfare states is
Sachweh, Ullrich, & Christoph, 2007). still under way, reconstructing their notions of
In sum, therefore, merit appears to be the pri- justice is beyond the scope of this chapter (but
mary notion of social justice built into the institu- see Rieger & Leibfried, 2003).
tional architecture of Bismarckian or conservative
welfare arrangements, especially the social insur-
ances. However, other principles are also relevant 16.4 Welfare State Outcomes
with regard to specific programs, for instance the and Social Justice
idea of need with respect to means-tested mini-
mum protection or equality with regard to certain Justice is not only an important normative ele-
family benefits (Alber, 2003; Offe, 1998). ment in the institutional design of welfare states.
We can also ask in how far social policies actu-
ally bring about societal conditions that can be
16.3.4 Social Justice Beyond considered just. Drawing on equality, need, and
the Three Worlds of Welfare merit, we can ask: Does the welfare state pro-
Capitalism mote greater equality, both by reducing wide
socioeconomic disparities and by making oppor-
Critics of Esping-Andersen’s regime typology tunities more equal? Does it ensure that people’s
have suggested adding further regime types in basic needs are met? Does it help citizens to
order to accommodate otherwise ambiguous maintain the standard of living they have
cases. Especially the distinctiveness of the achieved across different stages of their life
Southern European countries has been pointed course? To pose such questions is to inquire
out early on, and they are now frequently singled about the social-structural consequences of wel-
out as a “Mediterranean” welfare regime (Arts & fare state politics. Drawing on a large and grow-
Gelissen, 2002; Leibfried, 1992). Among the ing literature that can only be covered selectively
defining characteristics of this regime are: the here (Bradley et al., 2003; Brady, 2006; Goodin
fragmented character of social protection, with et al., 1999; Moller, Misra, & Strader, 2013;
“dualist” systems of protection providing gener- Saunders, 2010) this section aims to provide
ous benefits (via social insurance) for labor mar- some clues to these issues.
ket insiders and meager subsidies for outsiders;
the absence of a defined social minimum; the
provision of universal healthcare as a right of citi- 16.4.1 Equalizing Outcomes
zenship; and the high significance of the family and Opportunities
in providing social security (Arts & Gelissen,
2002, p. 145; Ferrera, 2010, p. 621). Given this To what extent does the welfare state contribute
peculiar institutional architecture, dominant to the realization of greater equality, both by
16 Social Justice and the Welfare State: Institutions, Outcomes, and Attitudes in Comparative Perspective 301

reducing inequality of outcomes and by reducing class-specific educational disparities and wom-
inequality of opportunity? en’s labor market prospects.
In order to assess the inequality of outcomes, Educational disparities matter because stratifi-
income inequality is a useful indicator. cation research has shown that social mobility—
Comparative research demonstrates that—as in that is, the link between an individual’s social
the case of poverty—income inequality is typi- origin (i.e., social class) and his or her occupa-
cally lowest in Scandinavia and highest in the tional destination—is decisively moderated by
Anglo-Saxon nations, with the Continental education (Blau & Duncan, 1967; Hout &
European countries lying in between (Bradley DiPrete, 2006). The less an individual’s educa-
et al., 2003; Goodin et al., 1999; Korpi & Palme, tional attainment depends on the socioeconomic
1998). The impact of welfare state policies on status of his or her family of origin, and the more
income inequality is usually assessed by compar- his occupational destination is influenced by his
ing inequality in market incomes, that is, before or her education, the more equality of opportu-
taxes and transfers, with inequality in disposable nity exists, and the more “meritocratic” a given
incomes, that is, after taxes and transfers. country can be interpreted to be. Yet, while it has
Following this approach, several studies demon- often been argued that cross-national differences
strate that the welfare state substantially reduces in social fluidity are related to a country’s educa-
income inequality in the Nordic and also the tional system (Beller & Hout, 2006, p. 354), in
Continental European countries, while the impact many countries the educational expansion of the
of taxes and transfers in the Anglo-Saxon nations 1970s has not lead to greater equality of opportu-
is modest (Kammer, Niehues, & Peichl, 2012; nity, thus contradicting the optimistic assump-
Korpi & Palme, 1998). For instance, Bradley tions at that time (Shavit & Blossfeld, 1993).
et al. (2003, p. 210) show that while in Sweden However, the studies in Breen (2004) demon-
taxes and transfers reduce Gini measures for strate that nevertheless substantial cross-national
posttax/transfer inequality by 38 % (compared to variation in the extent of social mobility exists.
pretax/transfer Gini values), in the US market Among the countries showing the greatest degree
inequality is reduced only by 17 %. Furthermore, of social mobility (or fluidity) are the
mean values for the three welfare regimes illus- Scandinavian nations, in particular Sweden and
trate that on average—and variations within Norway. By contrast, the most rigid patterns of
country clusters notwithstanding—inequality stratification are found in the Continental
reduction is greatest in social-democratic and European and Mediterranean countries, such as
smallest in liberal welfare states, with the conser- Germany, France, or Italy (Breen & Luijkx, 2004,
vative regimes lying in between (Bradley et al., p. 73). Similarly, Esping-Andersen (2004,
2003, p. 210). Recent figures, such as those in pp. 124–126) shows that in Denmark, Norway,
Table 16.1, show that across welfare regimes, the and Sweden the influence of social origin (mea-
redistributive impact of social policy has sured via father’s education) on the transition to
increased over the past decades in response to ris- secondary or tertiary education has weakened for
ing market inequality (cf. also Kenworthy & younger birth cohorts, whereas in the US and
Pontusson, 2005), while the relative differences Germany the association resembles the “constant
in redistributive capacity remain. flux” pattern described by Erikson and Goldthorpe
Yet, inequality of outcomes is not the only (1992), that is, a trendless fluctuation.
important aspect in evaluating the equalizing While we know little about the causes of this
impact of social policy. Also relevant is in how cross-national variation (Breen & Jonsson,
far different welfare state regimes contribute to 2005),8 it is apparent that—in the Western
an equalization of opportunities (Esping-
Andersen, 2004, 2005). While this potentially
8
addresses a wide spectrum of policies and mea- In a comprehensive review article, Breen and Jonsson
(2005, p. 236) conclude that “convincing explanations of
sures, I will discuss two issues currently at the […] cross-national variation in the origin-education or
forefront of academic and public debate: origin–destination associations are lacking.”
302 P. Sachweh

Table 16.1 Income inequality before and after taxes and this case, equalizing access to tertiary education
transfers in different welfare regimes, 2010
becomes a crucial issue. Yet, we know from the
Pretax Posttax Reduction in US that while the proportion of the population
and and Gini due to
participating in postsecondary education is
transfer transfer taxes and
Gini Gini transfers (in %) higher than in many European countries, access
Social-democratic welfare states to tertiary education is also more unequal (Goodin
Sweden 0.44 0.27 39 et al., 1999, p. 179). Hence, in the US inequality
Norway 0.42 0.25 40 of outcomes does not seem to be offset by greater
Denmark 0.43 0.25 42 mobility.
Finland 0.48 0.26 46 By contrast, social-democratic welfare
Mean 0.44 0.26 41.8 regimes promote greater equality of opportunity
Conservative welfare states independent of access to higher education.
Netherlands 0.42 0.29 31 Sørensen (2006) has suggested that this may be
Germany 0.49 0.29 41 due to the fact that socioeconomic inequalities
France 0.51 0.30 41 between families are mitigated by the
Belgium 0.48 0.26 46 Scandinavian dual earner model of family policy,
Italy 0.50 0.32 36 which is characterized by parental leaves with
Mean 0.48 0.29 39.8 generous income replacement, a strong encour-
Liberal welfare states agement of female labor force participation, and
Australia 0.47 0.33 30 the availability of public childcare from early
Canada 0.45 0.32 29 childhood on. Encouraging female labor force
UK 0.52 0.34 35 participation may reduce child poverty, espe-
US 0.50 0.38 24 cially in single-earner households, and equalize
Mean 0.49 0.34 29.5 overall household incomes, thus resulting in
Source: authors own calculations, based on OECD data improved conditions for educational attainment
(http://stats.oecd.org/index.aspx?queryid=46022) and a less unequal distribution of resources that
families can invest into their children’s education
world—social-democratic welfare regimes (see also Esping-Andersen, 2009, pp. 122–127).
achieve the greatest degree of equality of oppor- Moreover, high-quality public childcare may
tunity (Sørensen, 2006). Although few studies contribute to a homogenization of sociocultural
explicitly take into account the welfare state, milieus, which in turn might equalize the cogni-
recently several authors have started to look more tive abilities of small children. Along this line,
closely into the possible influence of social pol- Sørensen (2006, p. 372) argues that “family poli-
icy on inequality of opportunity (Beller & Hout, cies as we find them in the social democratic wel-
2006; Esping-Andersen, 2004, 2005, 2009; fare state may contribute to the equalization of
Sørensen, 2006). This research suggests that in learning and developmental opportunities in
fact several distinct paths toward weakening the early childhood, which should in turn weaken the
link between social origin and educational or effects of social background on children’s cogni-
occupational destination may exist. For instance, tive development.”
Beller and Hout (2006, p. 362) find that in liberal This leads to the second issue relevant for
and conservative welfare states, rates of social equal opportunities, the promotion of female
fluidity are high when access to higher education labor market participation. While the above dis-
is high, but rates of social fluidity are lower when cussion suggests that family policies that support
access to higher education is low. Hence, in those a “dual earner”-family model may help to tackle
liberal and conservative countries where a greater educational disparities, they do so unintention-
share of the population has access to ally. Historically, the support of female labor
postsecondary education, higher education market participation via family policies in the
indeed appears as a pathway to social mobility. In Scandinavian countries is related to the fact that
16 Social Justice and the Welfare State: Institutions, Outcomes, and Attitudes in Comparative Perspective 303

the social-democratic welfare state imposes a mitigating socioeconomic disparities, this is not
high tax burden on citizens in order to finance its the case for liberal and Mediterranean welfare
benefits and services (Kautto, 2010). Therefore, regimes, where poverty rates and income inequal-
it requires that a large share of the population, ity are comparatively high. And with respect to
including women, participates in the labor mar- equalizing opportunities concerning the educa-
ket. Hence, well-paid maternity leaves and the tional attainment of lower class children or the
provision of public childcare support mothers’ labor market prospects of women, liberal, con-
labor market participation while at the same time servative, and Mediterranean welfare states on
they positively affect their wages and reduce pov- average also fall behind social-democratic wel-
erty among single mothers (and their children) fare regimes.
(Moller et al., 2013, p. 140). Moreover, the
encompassing Scandinavian welfare states
directly promote women’s employment by pro- 16.4.2 Meeting Needs: Poverty
viding jobs in large public sectors, for example, and the Welfare State
as teachers, nurses, or administrators of social
benefits and services. Correspondingly, mothers’ In order to assess how different welfare regimes
employment rates (and overall female employ- provide for their citizen’s most basic needs, I
ment rates) hover around a high 80 % in Sweden, look at the extent of relative income poverty
Denmark, and Finland, thus exceeding the OECD across countries. While other conceptions regard-
average of 66 % of maternal employment ing human needs, such as Sen’s notion of capa-
(Bradshaw & Finch, 2010). bilities (Sen, 1992), might be theoretically more
By contrast, welfare states in the Continental sophisticated, the advantage of looking at relative
European countries fare less well in promoting income poverty is that it is relatively easy to mea-
opportunities for women. Until very recently, sure empirically and that comparable data on its
care work for children in these countries has been extent exist. Furthermore, the issue of poverty is
understood primarily as private responsibility, fundamental for any evaluation of welfare state
and family policies have long been centered politics because, as Ringen has argued, “[i]f pov-
around a male breadwinner model, thus provid- erty prevails, the welfare state is a failure”
ing little support—for example, in terms of pub- (Ringen, 2006, p. 141).
lic childcare—for mothers’ employment (Orloff, In an influential comparative study, Goodin
2010, p. 258). Furthermore, in liberal welfare et al. (1999) found that in social-democratic wel-
states childcare services are often provided via fare states the overall incidence of poverty is lower,
the market, which may promote employment poverty is less severe, and the duration of poverty
opportunities for professional, upper-class spells is shorter than in conservative or liberal
women but not working-class women (Moller regimes. Correspondingly, Table 16.2 shows high
et al., 2013, p. 140). poverty rates in liberal welfare states, where the
In sum, when looking at the outcomes of dif- share of the population with less than 50 % of the
ferent welfare regimes from a perspective of median income ranges between 7 (Canada) and 15
social justice, the social-democratic welfare % (United States), while the respective figures for
regime stands out with regard to meeting citi- social-democratic and conservative regimes are
zens’ basic needs, promoting greater equality of considerably lower, lying between 5 (Sweden,
outcome, equalizing opportunities, and realizing Denmark) and 7 % (Belgium, France) (see Table
meritocratic conditions (e.g., educational 16.1, cf. also Saunders, 2010, p. 522).
achievement independent of socioeconomic sta- Furthermore, research on the dynamics of
tus). By contrast, the other regime types are more poverty shows that levels of persistent (i.e., long-
heterogeneous on these dimensions. While term) and recurrent poverty are also lowest in
conservative welfare regimes are rather success- social-democratic welfare regimes and highest in
ful in preventing poverty and to some extent in liberal and Mediterranean countries, with the
304 P. Sachweh

conservative countries taking an intermediate Table 16.2 Poverty in different welfare regimes
position (Fouarge & Layte, 2005, p. 423). Poverty rates (among working-
These findings indicate that welfare state insti- age people, mid-2000s)
tutions impact the level and duration of poverty Social democratic welfare states
across nations. Indeed, studies comparing pov- Sweden 5
erty rates before and after taxes and transfers find Norway 7
that social policy exerts a genuine and substantial Denmark 5
influence on poverty reduction which operates Finland 7
independent from economic, structural, and Mean 6
demographic variables (Brady, 2006; Moller, Conservative welfare states
Netherlands 7
Huber, Stephens, & Bradley, 2003). In general,
Germany 8
countries with more generous welfare states typi-
France 7
cally tend to have low posttax/transfer poverty
Belgium 7
rates (Kenworthy, 1999; Moller et al., 2003).
Italy 10
Furthermore, it is not only the size but also the
Mean 7.8
shape of government intervention—that is, the
Liberal welfare states
kinds of policies—which matters. Moller et al.
Australia 10
(2003, p. 43), for instance, find that child and
Canada 10
family allowances are particularly relevant in
UK 7
reducing posttax/transfer poverty rates while US 15
means-tested benefits are not statistically signifi- Mean 10.5
cant. Along similar lines, Nelson (2004) shows
Source: OECD (2008, p. 135) (http://dx.doi.
that in cross-national perspective, non-means- org/10.1787/422446454016)
tested entitlements (e.g., from social insurance) Note: Poverty thresholds are set at 50 % of the median
are more effective in reducing poverty than income of the entire population
means-tested benefits.9 This is in line with what
Korpi and Palme (1998) term the “paradox of
redistribution,” which posits that poverty reduc- 16.4.3 Maintaining Achievements:
tion is greatest where a majority of the population Merit, Stability,
benefits from—and contributes economically and the Welfare State
to—the welfare state.
Thus, these findings suggest that welfare states Asking in how far welfare state policies con-
relying primarily on means-tested benefits, such tribute to the realization of “meritocratic” prin-
as the liberal Anglo-Saxon ones, fare particularly ciples may seem surprising. After all, a
bad in reducing poverty, and by implication in prominent critique holds that the welfare state
meeting the basic needs of the least well-off. By would crowd out individuals’ work effort and
contrast, the more generous social-democratic ambition, thus undermining the recognition of
and conservative welfare regimes in Scandinavia individual merit. Yet, as Sect. 16.4.1 has
and Continental Europe realize such a needs- shown, social policies may contribute quite a
based conception of justice to a greater degree. bit to the realization of (greater) equality of
opportunity, and thus bring about one of the
necessary conditions for meritocracy.
Furthermore, as argued previously (cf. Sects.
9
In fact, recent analyses show that only in a minority of 16.2 and 16.3.3), one can interpret the equiva-
European countries the level of social assistance bene- lence between contributions and benefits estab-
fits—probably the most important means-tested minimum
lished by social insurance programs as one
income protection scheme—reaches the poverty thresh-
olds of 50 % of the median income, and none the 60 % possible way in which “merit” becomes a rele-
threshold (Nelson, 2013, pp. 391–392). vant normative element of welfare state
16 Social Justice and the Welfare State: Institutions, Outcomes, and Attitudes in Comparative Perspective 305

policies, as status-maintaining benefits mirror Netherlands,11 and the US by looking at median


a person’s success in the labor market.10 In this coefficients of variation of pre- and postgovern-
regard, the related empirical question is in how ment income over a 10-year period. Focusing on
far different welfare regimes allow individuals people living in households with heads under age
and their families to maintain their standard of 60, they find that in all countries welfare state
living in the face of crucial life course events, intervention contributes substantially to the stabi-
such as unemployment or retirement. lization of income flows. As shown in Table 16.3,
Comparing different varieties of unemploy- pregovernmentincomes are more unstable than
ment protection regimes across nations, Gallie postgovernment incomes. Yet, the stabilizing
and Paugam (2000, pp. 3–6) note that only the effect of the welfare state is strongest in Germany
universalistic and employment-centered unem- and the Netherlands and weakest in the US. In
ployment protection systems in social-democratic fact, “[p]ost-government income instability for
and conservative welfare states, respectively, pro- Americans in general is more than a quarter
vide encompassing coverage and an extended greater than it is for the Germans or the Dutch in
duration of relatively generous benefits, whereas general” (Goodin et al., 1999, p. 203). Looking at
liberal welfare states pursue a minimalist approach min–max ratios—that is, the percentage differ-
with incomplete coverage and rather meager, ence between the best and worst year of income—
means-tested benefits of short duration. Hence, shows that in Germany and the Netherlands, the
one could assume that citizens’ standard of living median person’s postgovernment income in his
during phases of unemployment is subject to or her worst year still amounted to 54 % of the
greater fluctuation in liberal as opposed to conser- best year, while in the US a median person’s
vative or social-democratic welfare regimes. postgovernment income in his or her worst year
Indeed, analyses of the “scar effects” of unem- was only 44 % of his or her best year.
ployment—that is, lower pay in a new job or inad- Finally, while the above findings look at over-
equate reemployment—show less severe earnings all income stability across people’s working life,
losses and more favorable post-unemployment another important issue, especially for social
career trajectories in social-democratic and con- insurance systems aimed at status maintenance,
servative than in liberal welfare states (Gangl, is to what extent government transfers effectively
2006). replace individuals’ previous wage income.
Furthermore, empirical assessments of income Analyzing “effective replacement rates” of pub-
instability—as indicated, for instance, by the lic pension transfers, Goodin et al. (1999, p. 209)
year-to-year variation of a household’s income— find—rather surprisingly—that public pension
conclude that social policies in social-democratic transfers in the Netherlands and the United States
and conservative welfare state contribute sub- replace a larger portion of an individual’s market
stantially to the stabilization of income flows income than in Germany, where the conservative
across an individual’s life cycle, while this is less regime logic would lead us to expect higher
so in liberal welfare states (Gangl, 2005; Goodin replacement rates.
et al., 1999; Western, Bloome, Sosnaud, & Tach, In sum, while the stability of citizens’ stan-
2012). For instance, Goodin et al. (1999, pp. 202– dard of living over their life course is consistently
204) analyze the effect of welfare state smallest in the liberal welfare regime, it is con-
interventions, that is, taxes and transfers, on siderably higher in the social-democratic and
household income stability in Germany, the conservative welfare regimes; yet, in the latter it

10
However, such a rather “formalist” interpretation of
11
merit along the lines of equivalence is not uncontestable Contrary to many other studies, Goodin et al. (1999)
as it makes no assumptions about the specific form which classify the Netherlands as a social-democratic welfare
a contribution would take that “merits” a reward. regime.
306 P. Sachweh

is not as high as one might expect according to its and is this related to institutional differences
dominant social-insurance logic. between welfare regimes?
With regard to the first issue, survey research
shows that on the aggregate level, merit receives
16.5 Welfare State Attitudes the most popular support, followed by need,
and Social Justice while equality (of outcomes) receives the least
support (Aalberg, 2003; Liebig & Schupp, 2008;
Whereas the previous section aimed to assess the Marshall, Swift, Routh, & Burgoyne, 1999;
outcomes of different welfare regimes with a Miller, 1992). Along these lines, qualitative stud-
view to three principles of equality, need, and ies find a general normative consensus among
merit, this section asks how citizens themselves rich and poor that awards wide legitimacy to the
view the welfare state. This is an important issue principle of merit within the economic domain,
because welfare state institutions can only be sus- while other principles like need or equality are
tained if they are met with public approval, espe- considered appropriate in domestic or political
cially in times of ongoing reforms and contexts (Hochschild, 1981; Lane, 1986;
retrenchment (Esping-Andersen, Gallie, Sachweh, 2012).12 However, social groups still
Hemerijck, & Myles, 2002, p. 8). As there is a differ in the degree to which they endorse these
large literature on attitudes toward the welfare principles. While support for merit is greater
state on which recent overviews exist (e.g., among members of privileged groups (i.e., higher
Svallfors, 2010), I focus on those studies that social classes, men, highly educated persons),
more or less explicitly take into account citizens’ members of disadvantaged groups (i.e., lower
views and conceptions of social justice. In sur- classes, women, low-skilled) endorse egalitarian
veying this literature, I follow two sets of ques- principles such as need and equality to a greater
tions: First, which principles of social justice degree (Lewin-Epstein, Kaplan, & Levanon,
receive most support, how does this differ 2003; Liebig & Schupp, 2008; Swift, Marshall,
between social groups, and how do justice orien- Burgoyne, & Routh, 1995).
tations affect citizens’ support for the welfare How do justice beliefs affect citizens’ support
state? Second, does popular support for different for the welfare state? In general, popular support
principles of social justice vary across nations, for the welfare state is driven by two factors: self-
interest—as indicated by social class, gender, and
so on—and an individual’s normative orientation,
such as justice beliefs or humanitarian values
Table 16.3 Income instability in Germany, the
Netherlands, and the United States (Mau, 2003; Svallfors, 2010). As has been argued
in Sect. 16.3, welfare state institutions incorporate
Germany Netherlands US
specific normative orientations and represent con-
Pregovernment
ceptions of a just social order. Thus, a correspon-
Coefficient of 0.33 0.28 0.37
variation, mid- dence between these institutionalized normative
1980s to mid-1990s ideals on the one hand side and citizens’ norma-
Min–max (%), 42.0 41.3 39.3 tive orientations on the other can be expected to
mid-1980s to enhance welfare state support. In particular with
mid-1990s
regard to policies that redistribute resources
Postgovernment
across social groups (rather than between life
Coefficient of 0.20 0.20 0.26
variation, mid-
1980s to mid-1990s
12
Min–max (%), 53.5 53.3 44.0 Similarly, social psychological research shows that
mid-1980s to merit is deemed appropriate for the distribution of status
mid-1990s or money, while noneconomic goods should be distributed
according to the principles of equality or need (Deutsch,
Source: Goodin et al. (1999, Table A5, Stab 3A, p. 301) 1975, p. 145; Törnblom & Foa, 1983, p. 165).
16 Social Justice and the Welfare State: Institutions, Outcomes, and Attitudes in Comparative Perspective 307

phases), norms and values have been found to be vention, redistribution, and a strong notion of
important. Roller, for example, argues that “that solidarity are also strongest in social-democratic
support for socio-economic equality policies is countries, followed by the conservative ones, and
predominantly value-based” (Roller, 1995, weakest in liberal welfare states (e.g., Arts &
p. 192). Along these lines, Lewin-Epstein et al. Gelissen, 2001; Mehrtens, 2004; Svallfors, 1997,
(2003) show that support for redistribution is 2003). Thus, there seems to be little doubt that,
stronger among individuals holding equality and overall, the normative orientations of
need as justice orientations, and Sachweh et al. Scandinavians stand out as remarkably egalitar-
(2007) show that the acceptance of social assis- ian, and that citizens in other European countries
tance (or minimum income) schemes is greater are also fairly supportive of government interven-
among respondents supporting the principle of tion in principle. By contrast, this is not the case
need. Yet, it is not only egalitarian justice orienta- in liberal nations.
tions that matter. According to the institutionalist On the other hand side, matters are less
reasoning lined out above, the crucial issue is the straightforward with regard to cross-national dif-
correspondence between the values institutional- ferences in citizens’ support for different justice
ized in certain programs and citizens’ justice principles. In an early review of experimental
beliefs. In that sense, Ullrich (2008, pp. 198–201) studies on the choice of distribution principles in
finds that support for the German pension insur- different countries, Törnblom and Foa (1983,
ance—which grants benefits in accordance with p. 166) report a strong preference for equality
one’s contributions—is greater among respon- among Swedish subjects for the distribution of a
dents with meritocratic justice orientations, and variety of goods and resources, while participants
lower among respondents with egalitarian or from the US chose the principle of merit for eco-
needs-based justice orientations. All in all, these nomic (money) and the principle of equality for
findings underline the importance of paying atten- noneconomic resources (love, services). Subjects
tion to the justice principles encapsulated in spe- from Germany, finally, found the principle of
cific social policies, rather than assuming a linear merit most appropriate for the allocation of sta-
relationship between egalitarian orientations and tus, while non-economic resources should be dis-
welfare state support. tributed according to the principle of need.
The institutional design of welfare states and However, when looking at preferences for dis-
the corresponding justice principles vary across tributive principles across countries with more
nations. Therefore, we also would expect citi- recent survey data, the picture is mixed. Using a
zens’ justice beliefs to vary cross-nationally. variety of different surveys, Aalberg (2003) finds
However, the literature has not yet reached defi- that while the principle of merit receives high
nite conclusions on this issue. On the one hand levels of support across countries, there are no
side, citizens’ general normative orientations clear-cut cross-national differences with regard
toward the welfare state, solidarity, and equality to the principles of need or equality. Likewise,
appear to vary systematically across regimes. For Arts and Gelissen (2001) report that citizens in
instance, comparing perceived and desired (in) social-democratic welfare states are significantly
equality in Sweden, the US and Germany, less in favor of all three core justice principles
Sachweh and Olafsdottir (2012) find that while when compared to citizens in liberal welfare
US respondents regard their country as highly regimes, while citizens in conservative nations
unequal, their aspirations for a more egalitarian less likely to support equity (Arts & Gelissen,
society are smaller than those of Swedes or 2001, pp. 294–295). Given these contradictory
Germany (Sachweh & Olafsdottir, 2012, p. 160). and counterintuitive findings, Reeskens and van
Similarly, Svallfors finds that the degree of Oorschot (2013, p. 1175) conclude that insights
income differences citizens consider as legiti- on the cross-national variation of principles of
mate is smallest in Sweden and Norway and distributive justice are “scarce, fragmented and
greatest in the US (Svallfors, 1997, pp. 289–290). inconclusive.” They suggest not to look at prefer-
Not surprisingly, support for welfare state inter- ences for distributive justice in an abstract sense
308 P. Sachweh

but to focus on how these principles are applied itarian. Need, by contrast, seems to be at the ide-
to different social risks. Looking at European ational core of the liberal welfare state model of
citizens’ preferences for merit, need, and equality the Anglo-Saxon nations. Yet, liberal welfare
with regard to pensions and unemployment ben- states are marked by high levels of poverty and
efits, they find that in the case of unemployment income inequality and a distinct attitudinal pro-
a majority of countries respondents prefers equal- file of their citizens in which, by and large, sup-
ity over merit, whereas opinions are split in the port for welfare state politics is smaller than in
case of pensions, with about half of the countries other nations. Merit, finally, is a central idea
showing a higher preference for equality or merit, underlying the social insurance schemes typical
respectively (Reeskens & van Oorschot, 2013, of conservative welfare regimes in Continental
p. 1182). With regard to the relation between Europe. Poverty and income inequality in these
institutional differences and popular support for nations are lower than in liberal welfare regimes
distributive justice principles, they find that rather but higher than in social-democratic ones, and
than to welfare regime types preferences for jus- while Citizens’ normative orientations are closer
tice principles are related to the design of specific to those of Scandinavian citizens’, they are not as
policies: While citizens in countries with a flat egalitarian.
rate or universal pension system prefer equality Although this alignment of the three core
for distributing old-age incomes, respondents in notions of distributive justice with Esping-
nations with earnings-related pension systems Andersen’s classification of welfare regimes
support equity to a greater extent (Reeskens & appears straightforward, in practice social-
van Oorschot, 2013, p. 1189). These findings democratic, liberal, and conservative welfare
suggest that it might be more fruitful to investi- states also encapsulate other justice principles in
gate the interrelation between the institutional specific policies and are therefore marked by a
characteristics of specific policies and people’s mixture of norms. Until now, however, few stud-
support for the conceptions of justice they ies exist which attempt to empirically reconstruct
embody. This, however, requires that the concep- the ideational foundations of a variety of differ-
tions of social justice institutionalized in specific ent policies in a greater number of countries. In
policies have to be reconstructed first. that sense, more comparative-historical research
is needed that empirically reconstructs the ide-
ational foundations of different welfare state
16.6 Changing Notions of Social institutions (cf. Kildal & Kuhnle, 2005;
Justice and Welfare State Steensland, 2008).
Futures Furthermore, the Southern European coun-
tries are not easily classified with regard to their
This chapter has looked at the relation between normative foundations, and the newly emerging
social justice and the welfare state on the institu- welfare models in Eastern Europe, Latin America,
tional, social-structural, and attitudinal level. It or East Asia may further complicate the picture.
has demonstrated that considerable differences A further important task for future research on
between welfare state regimes exist (a) regarding social justice in welfare state contexts is therefore
the principles of social justice they emphasize, to investigate in greater depth justice conceptions
(b) in how far their outcomes correspond to core in non-Western contexts and to compare them to
principles of distributive justice, and (c) with established notions of social justice prevalent in
respect public opinion on social justice. Equality the Western world (e.g., Rieger & Leibfried,
appears to be a central normative ideal institu- 2003).
tionalized in social-democratic welfare states Finally, recent decades have seen an ongoing
prevalent in Scandinavia, and while they have the restructuring of welfare states across the industri-
lowest levels of poverty and income inequality, alized Western nations. While the kind and scope
their citizens’ orientations come out as very egal- of specific reforms differs cross-nationally, the
16 Social Justice and the Welfare State: Institutions, Outcomes, and Attitudes in Comparative Perspective 309

broad and common trend can be characterized as transformations of the welfare state which have
a shift from universal social rights designed to taken place (e.g., Achterberg, van der Veen, &
protect and decommodify labor toward an Raven, 2014; Burkhardt, Martin, Mau, & Taylor-
increased selectivity and targeting of benefits and Gooby, 2011; Edlund & Johansson Sevä, 2013;
services, which are often delivered by private Mau & Sachweh, 2013; May & Schwanholz,
actors and whose aim it is to increase individual 2013; Sachweh, Burkhardt, & Mau, 2009).
responsibility and to “activate” those not in the Indeed, attitudes toward welfare state reform are
labor force (Gilbert, 2002, p. 4). Welfare state seldom unidirectional and often ambivalent. For
reform can thus be characterized as a dual pro- instance, with regard to the general role of indi-
cess in which the retrenchment of publicly pro- vidual responsibility, quantitative and qualitative
vided benefits and the curtailment of social rights data from Germany show that citizens principally
(Korpi, 2003) has been accompanied by the agree to take over more individual responsibility,
strengthening of private provision (often stimu- particularly in the fields of pensions and unem-
lated publicly, for example, via tax incentives) ployment (Mau & Sachweh, 2013, p. 14;
and individual responsibility (Gilbert, 2002; Sachweh et al., 2009, p. 614). At the same time,
Hacker, 2004). Importantly, this not only involves however, sizeable portions of respondents report
the reconfiguration of institutional arrangements not being able to put money aside for retire-
but also a shift within the normative vocabulary ment—with the more vulnerable groups (women,
and conceptions of social justice underlying wel- young people, lower classes) disproportionately
fare states. With regard to the US, Hacker (2006, represented (Sachweh et al., 2009, pp. 613–
p. 34) identifies an “ideological transformation 615)—and demand that the state should assist
away from an all-in-the-same-boat philosophy of individuals in vulnerable positions in acting out
shared risk toward a go-it-alone vision of per- their individual responsibility (Mau & Sachweh,
sonal responsibility” which appears also to have 2013, pp. 11–12). Therefore, while generally
gained ground in Europe. Moreover, public social supportive of some supplementary private provi-
policies are increasingly being framed as “social sion, German citizens seem to be well aware of
investment” (Morel et al., 2012), that is, they the potential social costs a privatization of wel-
should not merely compensate disadvantages fare might incur and therefore reject a complete
once they have occurred but help to prevent cer- retreat of the state. Along this lines, Edlund and
tain risks before they arise, thereby also yielding Johansson Sevä (2013) have shown that support
collective payoffs in the long run (e.g., higher for the traditional Swedish welfare model is par-
employment rates). Hence, the question arises ticularly high in regions where the privatization
whether alongside this institutional transforma- of welfare services is low.
tion citizens’ attitudes toward social justice have Furthermore, welfare reforms are debated
changed as well. among the public not only because of their mate-
Due to the lack of longitudinal and compara- rial implications but also because of their sym-
tive survey data on public opinion toward welfare bolic dimensions. Using survey data from the
state reform, no easy and definite answer to this Netherlands, Achterberg et al. (2014) show that
question can be given. While it would be highly while members of the lower classes oppose
desirable—and indeed an important task for reforms with negative (re)distributive conse-
future research—to monitor citizens’ evaluation quences, they support particular aspects of acti-
of welfare state reforms in different European vation policies, such as work requirements—which,
countries over time, the existing studies mostly according to a logic of reciprocity, can be inter-
focus on single countries at one point in time. preted as doing something in return—even
Nevertheless, some tentative conclusions shall be though they are at a greater risk of being affected
drawn here. What the available evidence indi- by such measures themselves one day. Another
cates is that in Europe, people neither fundamen- example are the heated debates over the reform of
tally oppose nor unequivocally embrace the unemployment provision in Germany in 2005,
310 P. Sachweh

which merged provision for the long-term unem- affect the cross-national differences in the association
between occupational origins and destinations.
ployed and social assistance into a single scheme
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Justice in the Work Setting
17
Marius van Dijke and David De Cremer

This chapter provides an overview of the role of jus- Conlon, Wesson, Porter, & Ng, 2001; Colquitt
tice in work settings and why its effects can be so et al., 2013, for meta-analyses; see Greenberg &
profound. Within organizations, people experience Colquitt, 2005, for an overview). We do not offer a
different types of justice, which have been opera- comprehensive overview of this literature. Instead,
tionalized as the dimensions of distributive, proce- we assume a thematic approach that highlights the
dural, interactional, and informational justice (see unique relevance of the work setting to the study
Colquitt, 2001). The work setting provides an excel- and application of justice processes. We first
lent context to study and apply justice principles address the role of justice in the process of person-
and theories. For instance, organizations are a use- nel selection (Theme I). We then examine how jus-
ful setting to test instrumental and identity-based tice can motivate employees to contribute to the
justice models because they provide people with organization’s welfare, and how justice influences
important tangible and identity-related outcomes in-role and extra-role performance (Theme II).
(Blader & Tyler, 2009). Moreover, interactions with Subsequently, we discuss the role of justice in
work organizations can induce high levels of sub- interactions between employees and their supervi-
jective uncertainty, particularly when employees sors, pay particular attention to the integration of
enter or leave the organization. Uncertainty-based justice models and theories on organizational lead-
justice models (Lind, 2001; van den Bos & Lind, ership, and address factors that explain the enact-
2002) have thus been successful in explaining ment of justice (Theme III). These are relatively
employee attitudes and behavior at these stages. new research areas that have not been extensively
Over the last 50 years, a vast literature has reviewed elsewhere. Finally, we address the role of
evolved on the role of justice in work organizations justice when employees leave the organization,
(see Cohen-Charash & Spector, 2001; Colquitt, either voluntarily or involuntarily (Theme IV).

17.1 Theme I: The Role of Justice


M. van Dijke (*)
Erasmus University Rotterdam, Rotterdam,
in Personnel Selection
The Netherlands
17.1.1 Applicant Reactions
Nottingham Trent University, Nottingham, UK
e-mail: MvanDijke@rsm.nl
Traditionally, personnel selection researchers
D. De Cremer
University of Cambridge, Cambridge, UK have focused on developing instruments for
e-mail: d.decremer@jbs.cam.ac.uk selecting job candidates. A vast amount of

© Springer Science+Business Media New York 2016 315


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_17
316 M. van Dijke and D. De Cremer

research has been devoted to establishing and tions. However, relatively few empirical studies
improving the validity of various selection instru- have addressed the role of distributive justice.
ments such as ability and personality tests, job This may be because researchers have focused
simulations, and interviews (Anderson & Herriot, mostly on the selection stage of the hiring pro-
1997). More recently, researchers have become cess when distributive justice information is usu-
interested in the effects of selection instruments ally not available to applicants (Gilliland &
and other aspects of the hiring procedure on Hale, 2005).
applicant reactions, that is, on “attitudes, affect, In support of the applicant reactions model,
or cognitions an individual might have about the research shows that various justice rules that char-
hiring process” (Ryan & Ployhart, 2000, p. 566). acterize the selection process influence outcome
This interest stems from the realization that a variables such as the attractiveness of the organi-
large pool of qualified and interested applicants is zation to applicants, applicants’ intentions to rec-
required to select the best possible candidates. To ommend the organization to peers, intentions to
attract a pool of such applicants, organizations accept a job offer from the organization, and liti-
need to realize that an applicant’s decision to gation intentions (Truxillo, Steiner, & Gilliland,
apply for a job with a company is partly based on 2004). However, the evidence that justice rules
perceptions of the company’s hiring and selec- also influence actual behavior is weaker. For
tion practices (Turban, 2001). instance, some studies support the relationship
The applicant reactions model of Hausknecht, between justice rules and applicant withdrawal
Day, and Thomas (2004) is probably the most (e.g., Schmit & Ryan, 1997) but others do not
influential model that deals with attracting quali- (e.g., Truxillo, Bauer, Campion, & Paronto,
fied applicants. Building on the foundational 2002). Furthermore, research has also been incon-
work of Gilliland (1993), this model emphasizes sistent in showing that during the selection stage
characteristics of the hiring process that shape justice influences work attitudes and performance
applicant reactions. Many of these characteristics among applicants that receive and accept a job
refer to justice in personnel selection practices. offer. For instance, some research shows that
Specifically, the model includes procedural jus- adherence to justice rules stimulates later organi-
tice rules such as whether a selection instrument zational commitment and/or job satisfaction
is related to the job, whether the test situation among those applicants who accept a job offer
allows applicants to show their performance, (e.g., Ambrose & Cropanzano, 2003), whereas
whether applicants have the opportunity for deci- other research has not found these effects
sions to be reconsidered, and whether the organi- (Cunningham-Snell, Anderson, & Fletcher,
zation consistently treats all applicants in the 1999). No consistent relationship has been found
same manner. The model also includes informa- between procedural justice rules and later job per-
tional justice rules such as whether applicants formance (Gilliland, 1994) or turnover among
receive feedback about their performance and those applicants who are hired (Truxillo et al.,
whether organizations are open about their selec- 2002). In sum, considering justice as part of the
tion procedures. Interactional justice is also inte- selection process is relevant, but given that influ-
gral to the model in considering the quality of ence on actual behavior and long-term effects are
treatment of the applicant and propriety of ques- not easily detected, it is still not completely clear
tions. These process and interaction characteris- how important justice really is in this stage of
tics are thought to influence perceptions of the becoming an organizational member (see
fairness of a selection process and, subsequently, Gilliland & Hale, 2005, for a more detailed over-
other outcomes that reflect the orientation of view of relevant evidence).
applicants to the organization. The model of Although adherence to justice rules seems
applicant reactions also recognizes distributive straightforward and advantageous to the organi-
justice as a relevant antecedent of applicant reac- zation, the reality of the selection context can
17 Justice in the Work Setting 317

result in these rules being violated. Folger and 17.1.2 Justice Expectations
Cropanzano (1998) have called this a “justice
paradox.” This notion refers to the fact that selec- During the early stages of their interaction with
tion procedures with high predictive validity the selecting organization, applicants often have
often do not satisfy justice concerns. For instance, little knowledge of the levels of the various types
research shows that applicants perceive struc- of justice of the organization. Therefore, although
tured interviews to be less fair than unstructured the bulk of research on justice in a personnel
interviews. This is likely because applicants feel selection context focuses on justice perceptions,
that their input in a structured interview is limited some studies have started to focus on applicants’
whereas an unstructured interview allows them to expectations of justice (Bell, Wiechmann, &
demonstrate their abilities. Yet, the predictive Ryan, 2006). Bell et al. argue that justice expec-
validity of structured interviews is much higher tations can influence behavior directly but also
than that of unstructured interviews (Huffcutt & indirectly by shaping justice perceptions. This
Arthur, 1994). Similar trade-offs have been found may occur through confirmatory information
between validity and fairness perceptions for processing, which holds that people to some
cognitive ability and personality tests extent perceive what they expect and thus behave
(Cropanzano, Bowen, & Gilliland, 2007). One accordingly, thereby confirming their initial
way to deal with this paradox is to combine selec- expectations (Miller & Turnbull, 1986). Bell
tion instruments that have high predictive validity et al. (2006) present initial support that fairness
with instruments that are high in perceived jus- expectations influence applicant reactions such
tice. For instance, structured and unstructured as intentions to recommend the hiring organiza-
interviews could be used to combine predictive tion to peers directly and also by shaping justice
validity and give applicants the chance to demon- perceptions.
strate their abilities and influence the application Research has also started to identify factors
conversation (Gilliland & Hale, 2005). that shape justice expectations. For instance,
Many justice effects in the context of the hir- Geenen et al. (2012) show that expectations of
ing process can be explained in terms of fairness procedural and distributive justice are predicted
heuristic theory (Lind, 2001) and the related by the belief in a just world and also by the belief
uncertainty reduction model (van den Bos & in tests (i.e., the belief that tests are valid instru-
Lind, 2002; see e.g., Truxillo et al., 2004), for a ments for selection purposes). Yet, the influence
discussion of this model in the context of person- of these two types of beliefs in predicting justice
nel selection (see also Van den Bos & Bal, this expectations is moderated by direct experiences
Handbook). Fairness heuristic theory stresses the with the selection context. The authors find that
role of justice for people as a heuristic indicator the belief in a just world—a relatively abstract
of whether they can trust powerful authorities not type of belief—is a particularly strong predictor
to exploit them. When authorities act fairly, it of justice expectations among applicants with lit-
suggests they are not exploitative. However, tle experience in the selection context. In contrast,
authorities who act unfairly send a clear signal belief in tests—a more specific and concrete
that they cannot be trusted. During the selection belief—is a stronger predictor of justice expecta-
procedure, applicants have little power (i.e., tions among people with extensive direct experi-
because the organization selects the preferred ences in the selection context.
candidate) and they are in a situation of great
uncertainty (i.e., they operate in a situation in
which they have little knowledge of their interac- 17.1.3 Concluding Remarks
tion partners). They are thus likely to be particu-
larly attentive and sensitive to fairness-relevant Various forms of justice play an important role
information (Bauer et al., 2001; Gilliland, 1993). in the selection process by shaping the ability of
318 M. van Dijke and D. De Cremer

organizations to attract applicants. Some when it is criticized, and speaking up to


research even highlights the possibility that jus- improve the way in which work is organized.
tice experienced during the application process As in-role performance, employee OCB is also
may influence the attitudes and behavior of suc- positively associated with organizational per-
cessful applicants when they actually become formance (Podsakoff, Whiting, Podsakoff, &
members of the organization. Importantly, appli- Blume, 2009).
cants who are not selected might negatively High levels of justice are also associated
affect the organization’s well-being and perfor- with lower levels of “antisocial employee
mance, for instance, by litigation against the behaviors.” Antisocial behaviors refers to
organization. Organizational managers thus may behaviors as varied as discriminating against
want to carefully consider how they design the fellow employees based on gender or race, dis-
selection process because it is the first contact cussing confidential company information with
most employees and also nonemployees have unauthorized others, theft of company property,
with the organization. retribution (Mclean Parks, 1997), revenge, sab-
Our first section explored the relevance of jus- otage, and retaliation (see Cohen-Charash &
tice during the stage in which people enter or Spector, 2001; Colquitt et al., 2001, 2013, for
attempt to enter the organization. In the following meta-analyses).
section, we discuss how justice facilitates organi- There are, however, differences in the strengths
zation members’ motivation to contribute to the of the effects of each of the four justice dimen-
interest of the organization. sions. Both distributive and procedural justice
strongly affect employee attitudes and moder-
ately affect OCB directed at the organization and
17.2 Theme II: Justice and antisocial responses. Both types of justice have
Employee Motivation weak effects on interpersonally oriented
OCB. Yet, whereas distributive justice only
17.2.1 Effects of Justice on Attitudes weakly influences in-role job performance, pro-
and Performance cedural justice clearly has a stronger effect on
this outcome variable. The effects of interper-
A large number of studies provide support for sonal and informational justice on attitudes and
the prediction that justice positively influences behaviors are often somewhat weaker than those
employee attitudes such as satisfaction with of procedural and distributive justice, and partic-
their outcomes and the job in general, and their ularly the effects on in-role performance are
degree of organizational commitment. Justice weak. On the other hand, the effects on interper-
also influences employee perceptions by stim- sonally oriented OCB are clearly stronger than
ulating trust in the organization and the legiti- those of distributive and procedural justice (see
macy of its management, and has positive Cohen-Charash & Spector, 2001; Colquitt et al.,
effects on behavioral outcomes on both in-role 2001, for details).
and extra-role performance (i.e., referred to as
organizational citizenship behaviors or OCB;
see Cohen-Charash & Spector, 2001; Colquitt 17.2.2 Explaining the Effect
et al., 2001, 2013; Fassina, Jones, & Uggerslev, of Justice on Performance
2008; for meta-analyses; see Conlon, Meyer, &
Nowalowski, 2005, for a more detailed treat- Research offers three types of explanations for
ment of the role of justice in stimulating in- the effects of justice on in-role and extra-role
role performance). OCB refers to behaviors as performance. The first is labeled the social
diverse as voluntarily helping other organiza- exchange explanation (see Cropanzano, Byrne,
tion members, defending the organization Bobocel, & Rupp, 2001; Moorman & Byrne,
17 Justice in the Work Setting 319

2005, for overviews). A social exchange relation- Identity-based justice models note that justice
ship involves the belief among employees that signals that employees are considered respected
the organization and/or their supervisor values members of the social collective, and that the
their contributions and cares for their well-being. organization is a collective that they can be
This, in turn, instills an obligation to reciprocate proud of. This increases a sense of belonging-
by displaying behaviors that support the organi- ness and identification with the collective, which
zation and the supervisor. Because employees motivates employees to contribute to the collec-
value justice highly, they reciprocate the social tive welfare (Blader & Tyler, 2009). In support
rewards that accompany their perceptions of jus- of these models, identity-related variables such
tice with improved in-role and extra-role perfor- as respect, pride in the organization, and organi-
mance. In support of this argument, research zational identification explain procedural justice
shows that indicators of social exchange such as effects on employee behaviors that are aimed at
psychological contracts, perceived organizational supporting the organization (e.g., OCB; Blader
support, leader–member exchange, and trust & Tyler, 2009; van Dijke, De Cremer, Mayer, &
mediate justice effects on in-role and extra-role van Quaquebeke, 2012).
performance (e.g., van Dijke, De Cremer, & The third type of explanation is related to
Mayer, 2010; see Moorman & Byrne, 2005, for affective processes. Weiss, Suckow, and
an overview of mediating variables). Cropanzano (1999) conducted one of the first
The social exchange explanation for the effects studies showing the relevance of affective vari-
of justice on various types of employee perfor- ables to understand justice effects. Their findings
mance suggests that it is relevant to distinguish show that procedural justice can influence happi-
specific sources of justice (e.g., one’s supervisor ness, guilt, and pride. A number of subsequent
or the organization) and perhaps also specific studies have shown that positive and negative
types of justice to the extent that specific types of emotions mediate the relation between justice
justice often emerge from specific sources (e.g., and various outcomes such as the avoidance of
procedural justice versus interpersonal justice). antisocial behaviors, the emergence of antisocial
Making these distinctions may be relevant because behaviors like revenge, and cooperative behav-
social exchange suggests a targeted response to iors aimed at supporting the collective and its
specifically benefit the source of justice. The authorities (see Colquitt et al., 2013, for a
above noted relatively strong relationship of pro- meta-analysis).
cedural and distributive justice with organization-
ally oriented OCB may thus result because these
types of justice are viewed as emanating from the 17.2.3 Justice and Other Types
organization; similarly, the relatively strong rela- of Performance
tionship of interpersonal and informational justice
with interpersonally oriented OCB may result Research has also started to address the relevance
because these types of justice are viewed as ema- of justice to concepts that fall under the umbrella
nating from a specific source (i.e., the supervisor; term of “constructive deviance,” that is, “behav-
Loi, Yang, & Diefendorff, 2009). Yet, the empiri- iors that depart from the norms of the reference
cal evidence for such targeted justice effects group such that they benefit the reference group
seems to be mixed at best (compare, for instance, and conform to hypernorms” (Vadera, Pratt, &
the results of meta-analyses by Fassina et al., Mishra, 2013, p. 1221). Research within the
2008 with those of Colquitt et al., 2013). social exchange tradition suggests that justice
A second type of explanation for the effects may also promote employee creativity. One typi-
of justice on employee behavior that supports cal definition of creativity is “ideas, processes,
the well-being of the organization is based on and solutions that are viewed as both original and
identity processes (see De Cremer & Tyler, appropriate or useful” (Khazanchi & Masterson,
2005; Tyler & Blader, 2003, for overviews). 2011, p. 86). Generating original and novel ideas
320 M. van Dijke and D. De Cremer

involves being vulnerable by challenging exist- Zapata-Phelan, Colquitt, Scott, and Livingston
ing knowledge or the status quo. This suggests (2008) argue that justice may also facilitate per-
that employees must be willing to accept such formance by increasing intrinsic motivation, and
vulnerability in order to be creative. Because jus- in a laboratory experiment and a field study they
tice breeds trust (i.e., “a psychological state com- show that procedural justice (but not interper-
prising the intention to accept vulnerability based sonal justice) stimulates task performance, partly
upon positive expectations of the intentions or because it promotes intrinsic motivation.
behavior of another,” Rousseau, Sitkin, Burt, &
Camerer, 1998, p. 394), it can create a context in
which employees feel encouraged to take initia- 17.2.4 Justice Facilitating the Effects
tive and accept the vulnerability associated with of Punishment and Reward
creativity. In support of this argument, Khazanchi Systems
and Masterson (2011) show that supervisor’s
interactional and informational justice are both So far, we have focused on the isolated role of
associated with enhanced employee creativity, justice in motivating employee performance.
and this relationship is mediated by trust in the However, organizations typically have a number
supervisor. of systems in place that are intended to motivate
Research also shows that procedural justice employees to display desired behavior (e.g., high
stimulates employees to engage in “pro-social level performance) and refrain from unwanted
rule breaking” which can be defined as “inten- behavior (e.g., antisocial behavior). There is clear
tional violation of a formal organizational policy, evidence that justice facilitates the effectiveness
regulation, or prohibition with the primary inten- of such systems. One example is the use of pun-
tion of promoting the welfare of the organization ishment systems to respond to employees who
or one of its stakeholders” (Morrison, 2006, commit serious norm transgressions. Ball,
pp. 7–8). Such behaviors include circumventing Trevino, and Sims (1994) show that aspects of
the chain of command to get additional employ- distributive justice of a punishment system are
ees allocated to a project that benefits the organi- associated with the subsequent performance of
zation and allowing an employee to work flexible the punished employee (as indexed by the super-
hours even if the rules explicitly forbid this. In an visor), and that procedural characteristics of the
experiment and an organizational field study, punishment system are positively associated with
Langendijk, van Dijke, and De Cremer (2014) subsequent OCB of the punished employee. This
show that procedural justice stimulates pro-social research clearly puts into context the workings of
rule breaking among employees. This effect is punishment systems, which are usually argued to
mediated by employee perceptions of being influence people’s behavior by addressing their
respected as organization members, but not by self-interested impulses.
the pride they experience in the organization. Another example is the importance of jus-
Findings like these provide an interesting chal- tice for pay systems that have been specifically
lenge for the explanatory scope of models that designed to promote performance, i.e., various
focus on justice as stimulating the legitimacy of types of merit pay systems. Such systems com-
authorities and institutions and subsequent com- municate an equity norm by explicitly tying
pliance with the norms of the collective. pay to performance and have thus been argued
Social exchange, identity, and affect-based to increase employee pay satisfaction and work
explanations for the role of justice in stimulating motivation (Lawler, 1974). The pay satisfac-
various types of performance have received the tion literature convincingly supports this argu-
bulk of research attention. However, employees ment: The more people view their performance
with high commitment to the organization and as reflected in their salary, the higher their pay
high job satisfaction may experience higher satisfaction (Heneman, Greenberger, &
intrinsic motivation. Based on this argument Strasser, 1988). Moreover, the extent to which
17 Justice in the Work Setting 321

pay reflects performance is positively related such as by improving their performance. Yet,
to employee performance (Greenberg, 2003). these explanations disregard the fact that coop-
However, a focus on equity alone is not suf- erative behaviors in response to justice are not a
ficient to improve organizational performance. straightforward or easy thing to do. For instance,
This is because organizational performance attempting to benefit the collective may conflict
often also relies on organization members coop- with organizational rules and regulations, and
erating in a cohesive group. Large pay disper- different types of performance may conflict with
sions, which can result from a focus on pay for one another (e.g., in-role and extra-role perfor-
individual performance, undermine team cohe- mance; Morrison, 2006). van Dijke, De Cremer,
sion. On the other hand, focus on equality in pay Brebels, and Van Quaquebeke (in press) argue
levels is not the answer either because this that, in addition to requiring motivation to sup-
undermines individual performance motivation port the collective, behaviors aimed at benefitting
and can stimulate high performers to leave the the collective require effective self-regulation in
organization. When developing pay systems, order to effectively act upon a person’s intrinsic
organizations thus need to carefully balance motivation. This argument is supported in an
equity and equality (Cropanzano et al., 2007). organizational field study and two laboratory
The specific balance should depend on the level experiments: only people who could effectively
of interdependence that is required for the orga- self-regulate their behavior responded with
nization’s goods or services to be produced heightened levels of OCB and other cooperative
(Baron & Kreps, 1999). Furthermore, organiza- behaviors to procedural justice. In terms of theo-
tions should not only focus on the fairness of the rizing on motivation (e.g., Mitchell, 1997), jus-
outcomes of pay systems, but also on the fair- tice provides direction to employee responses
ness of decision-making procedures regarding (i.e., by promoting cooperative behavior), but it
these pay systems and interpersonal treatment may not always provide sufficient arousal, inten-
because fair procedures and fair interpersonal sity, and persistence to result in actual coopera-
treatment can mitigate the negative effects of tive responses.
outcomes that are perceived as unfair (Brockner Having discussed the role of justice in moti-
& Wiesenfeld, 1996). vating employee performance, the next section
deals with the role of justice in employees’
relationships with their supervisors. We exam-
17.2.5 Concluding Remarks ine how theories of justice can be integrated
with leadership theories and address anteced-
Overall, various types of justice are important in ents of the enactment of justice.
stimulating different types of employee perfor-
mance. Clearly, there are differences between the
types of justice in promoting specific types of 17.3 Theme III: Justice
performance. Furthermore, these types of justice and Leadership
make other systems that are designed to stimulate
performance (i.e., pay systems) and to discourage Workplaces need to be coordinated in such a way
norm transgressions (punishment systems) more that cooperation, productivity, and the welfare of
effective. Research has offered several explana- the organization are promoted. Leadership, as a
tions as to why these effects occur. Specifically, means of social influence that motivates, ener-
growing literatures support the role of exchange, gizes, and inspires organizational members to
identity, and affect-based explanations for the pursue the collective interest as much as possible
effects of justice on employee performance. (Hogan, Curphy, & Hogan, 1994) plays an impor-
The above discussed explanations for the tant role in this process. Fair outcomes, respect-
effects of justice on performance all show how ful, and just treatment can all be considered
justice motivates people to support the collective important leadership features that invite
322 M. van Dijke and D. De Cremer

subordinates to reciprocate in the most beneficial procedures, employee satisfaction, positive


way possible. Unfortunately, very little theory emotions, and intrinsic motivations increase and
and empirical research has explicitly addressed result in cooperative and citizenship behavior
the question why and in what way leadership and (Colquitt et al., 2001).
justice are related (De Cremer & Tyler, 2011; De As portrayed in arrow B, the use of justice
Cremer, van Knippenberg, van Knippenberg, practices by a leader influences significantly jus-
Mullenders, & Stinglhamber, 2005). Although tice perceptions and judgments and exactly those
some justice theories do mention the idea of outcome variables can be one important dimen-
authority and thus leadership explicitly (i.e., the sion explaining leadership effectiveness (see also
relational model of authority; Tyler & Lind, Van Knippenberg et al., 2007). For example,
1992), hardly any efforts have been undertaken to research by De Cremer, van Dijke, and Bos
integrate both literatures. Here we argue that the (2007) presented evidence that distributive, pro-
role of justice in leadership can be situated at four cedural, and interactional justice perceptions all
different levels (see Fig. 17.1). contributed to explaining the effects transforma-
tional leadership can reveal. Transformational
leadership includes four components: inspira-
17.3.1 When Leadership Makes tional motivation, idealized influence, intellec-
Justice Tick tual stimulation, and individualized consideration
(Bass, 1998). The finding of De Cremer et al.
In the present chapter, we argue that leadership is (2007) provides evidence to the theoretical notion
an important way of influence that allows justice that “transformational leaders move followers to
to impact significantly on a variety of employee’s higher stages of moral development by directing
outcomes. Specifically, this specific relationship their attention to important principles and end
can be looked upon in three different ways (see values as justice and equality” (Brown & Treviño,
arrows A, B, and C in Fig. 17.1). As portrayed in 2003, p. 158).
arrow A, and in line with Van Knippenberg, De The effectiveness of a leader’s justice prac-
Cremer, and Van Knippenberg (2007), justice tices may also be contingent on the style that a
practices enacted by a leader can reveal impor- leader uses in the organizational setting (see
tant main effects on a wide variety of employee arrow C). This specific relationship examining
outcomes. This bulk of research—some of which the interactive effects between justice and leader-
we have already referred to in this chapter—con- ship styles is the central notion of the leadership
vincingly shows that when leaders adopt distribu- fairness theory as postulated by De Cremer and
tively, procedurally, and interactionally fair Tyler (2011). According to these authors, leader-

Fig. 17.1 The role of


justice in leadership Determinants Justice effects
of justice Justice Leadership
D A (including B
enactment enactment effectiveness
judgments)

Leadership
styles
17 Justice in the Work Setting 323

ship behaviors serve as a facilitator or boundary pendent employee action, the relationship
condition of justice effects because they may between procedural fairness and employee OCB
make certain human needs salient that justice is is weakened, whereas stimulating employee
able to fulfill. For instance, if a certain leadership development strengthens this link.
style activates people’s fundamental need to
belong, justice rules (i.e., procedural fairness
such as voice) will become more important and 17.3.2 Justice Enactment
influential as they address those belongingness
needs directly (see De Cremer & Blader, 2006). Given that leader fairness can have profound
In contrast, if leadership styles fail to enhance effects on the development of fair and ethical cli-
motives and needs that can be addressed by the mates and shape employee motivation and behav-
employment of justice rules, leader fairness will ior, it is of utmost importance that we also
have less of an impact. Thus, according to De understand (a) whether leaders indeed enact jus-
Cremer and Tyler (2011) particular leadership tice under the right circumstances, and (b) what
styles and behaviors present conditions that make types of leaders are most likely to do so and under
subordinates more self-involved, which, in turn, what circumstances. This question is addressed
enhances the salience of their basic needs. in arrow D of our justice-leadership model (see
According to self-determination theory (SDT, Fig. 17.1). Unfortunately, despite the importance
Deci & Ryan, 2000), the primary basic psycho- of this question, we know little about the condi-
logical needs of humans constitute autonomy, tions and motives underlying a leader’s practice
competence, belongingness, and self-esteem. of justice. Below, we summarize the studies to
These can all be satisfied—at least to some by date that have examined when and why leaders
leader’s fair practices (see Greenberg & Colquitt, enact distributive, interactional, or procedural
2005, for an overview). justice.
A series of studies by De Cremer and col-
leagues provided evidence in favor of this leader- Enactment of Distributive Justice
ship fairness theory by showing that procedural A programmatic series of studies by De Cremer
fairness revealed a stronger or weaker impact on and colleagues (e.g., De Cremer, 2003; Stouten,
the feelings and behaviors of subordinates as a De Cremer, & Van Dijk, 2005) showed that par-
function of the specific leadership style in place ticipants who were labeled as “leader” violated
(e.g., De Cremer & den Ouden, 2009; De Cremer the equality rule when allocating resources com-
et al., 2005; De Cremer, van Dijke, & Mayer, pared to participants who were labeled as “fol-
2010; van Dijke et al., 2012). For example, De lower.” More precisely, in these studies
Cremer et al. (2005) showed that self-empowering participants were asked to be the first (from a
leadership styles by motivating employees to group of four or six) to take a sum of money (e.g.,
reward themselves after having a job well done €90) from a common resource while being allo-
increased the salience of self-esteem. Under cated to the leader or follower frame condition.
those circumstances, the positive effect of proce- Being the first one to take from the resource
dural fairness enacted by the leader was signifi- means that there is no reference to what other
cantly enhanced compared to conditions where group members do in that situation. As such, par-
the self-empowerment style was perceived as low ticipants had to rely on their idea of what leader
and not really present. van Dijke et al. (2012) or follower means in terms of distributive justice.
demonstrated that empowering leadership that It turned out that followers took an equal share
stimulates independent action decreases the need from the resource whereas leaders took signifi-
for information about respect and inclusion, cantly more than their equal share. Interestingly,
whereas empowering leadership that stimulates participants in the leader condition reported to
self-development increases the need for such feel significantly more entitled to take a larger
information. As a result, when stimulating inde- share from the resource than followers did.
324 M. van Dijke and D. De Cremer

Building on findings that people’s allocation situation evokes a preventive attitude) the enact-
behavior is influenced by how they define them- ment of fair procedures depends on the leader’s
selves, Giessner, van Knippenberg, van Ginkel, moral identity. Indeed, when a situation is per-
and Sleebos (2013) examined whether leaders’ ceived as threatening, many people are inclined
self-definition in terms of the values and norms to safeguard their personal interests and as such
of the group they represent (i.e., group prototypi- justice adherence will be put under pressure.
cality) affect their collectively oriented versus Under these conditions, leaders with a strong
self-serving allocations. Their studies show that moral identity are more likely to adhere to just
leaders who consider themselves as group proto- principles and thus ensure that decisions are
typical display allocation behavior that is more taken in a fair manner. Research by Seppälä et al.
collectively oriented compared to leaders who do (2012) identifies another situational cue that can
not see themselves as group prototypical. The lat- motivate the enactment of procedural fairness,
ter type of leaders did, however, act more in col- that is, the extent to which the leader perceives
lectively oriented ways when their allocation his/her followers to be cooperative (e.g., help-
behavior was made identifiable to the others in ing). If followers are perceived to be coopera-
the group. In the same tradition, Rus, van tive, leaders are more likely to enact procedures
Knippenberg, and Wisse (2010) examined in a fair manner. Furthermore, this effect was
whether one’s self-definition as a leader influ- found to be mediated by the leader’s trust in the
ences the allocation behavior of other leaders employee. Finally, Heslin and VandeWalle
(descriptive norms) or the belief regarding what (2011) show in a field study that the implicit per-
an effective leader should do (injunctive norms). son theory (i.e., extent to which one endorses the
Across six studies, their results show that norma- assumption that people can change) of the leader
tive information only has an effect on one’s own predicts how procedurally fair employees per-
allocation behavior when participants define ceive the appraisal of their performance to be and
themselves as a leader. these perceptions predict employee organiza-
Related to the process of self-definition is how tional citizenship behavior. Thus, the orientation
people perceive themselves in relation to others. of the leader plays an important role in enacting
Two important features of social self-definition fair procedures, particularly having a moral, sup-
are how powerful people are in affecting others portive, and trustworthy orientation toward
and how positive other people view them (i.e., others.
status). Blader and Chen (2012) convincingly Another series of studies has focused on the
show that power leads people to be less fair in concerns of followers as antecedents of leaders’
their distributive justice behavior than status. procedural fairness enactment. In a series of
Activating the idea of status makes people more experimental and field studies, Cornelis, Van
focused on their social relationships with others, Hiel, De Cremer, and Mayer (2013) show that if
making them more pro-social in terms of alloca- followers have a strong need to belong, leaders
tions. This effect of status versus power has been will give them more opportunities to voice their
found on both distributive and procedural justice opinions, especially if the leader is very empathic.
enactment. Adopting a similar approach, research by
Taken together, if people define themselves as Hoogervorst, De Cremer, and van Dijke (2013)
leaders, but do not see themselves as group proto- tested the idea that the two main concerns advo-
typical but as more powerful unique individuals cated by procedural fairness models, that is, that
they engage in distributively less fair practices. people value procedures because it gives them a
feeling of control and belongingness, influence
Enactment of Procedural Justice leaders in their decision to treat followers fairly.
Brebels, De Cremer, van Dijke, and Van Hiel In their studies, they show that the most voice is
(2011) demonstrate that in situations of crisis (as given to followers who have a strong need for
operationalized by a prevention focus; a crisis control, but particularly so when those followers
17 Justice in the Work Setting 325

also express a strong need to belong. These stud- interactional justice is to look at the specific
ies thus show that leaders do enact fair proce- influence that the middle management position
dures if their subordinates express concerns that may exert on this process.
can be adequately addressed by enacting proce-
dural justice rules.
17.3.3 Conclusion
Enactment of Interactional Justice
Research by Scott, Colquitt, and Zapata-Phelan In contrast with the more classic approach to
(2007) reveals that if leaders perceive followers study responses to justice (theme 1 and 2), in this
to be charismatic, they experience fewer negative section we reviewed the emerging research that
sentiments and more positive emotions, leading addresses what explains authorities’ justice
to higher interpersonal fairness. In a similar vein, enactment. We believe this latter research pres-
Gilliland and Schepers (2003) show that leaders ents an important step forward in our understand-
are more interactionally fair to followers who are ing of organizational justice. Yet, as we already
perceived to contribute to the success of the lead- mentioned earlier, many organization members
er’s department. Leaders see these kinds of fol- are simultaneously followers (who respond to
lowers as instrumental in their success and can justice) and leaders (who enact justice). We know
reward them by enhanced interactional justice of only one justice paper that explicitly addresses
enactment when those followers are assertive. this issue. Van Houwelingen, van Dijke, and De
Indeed, Korsgaard, Roberson, and Rymph (1998) Cremer (in press) showed across a series of field
provide evidence that assertive employees receive and experimental studies that middle managers
more positive and fair treatment in the context of who are treated unfairly by higher level manage-
performance appraisals. Finally, recent research ment sometimes respond by enacting unfair pro-
by Zapata, Olsen, and Martins (2013) shows that cedures toward their own subordinates (i.e.,
perceived employee trustworthiness determines assimilation) and sometimes by enacting fair pro-
the extent to which leaders reciprocate by means cedures (i.e., contrast). Whether middle managers
of interactional and informational justice. act in assimilative or contrasting ways depends
These studies thus reveal that if subordinates on whether they define themselves as interdepen-
are perceived as active and influential by being dent with top management or not. Interestingly,
assertive, trustworthy, charismatic, and being by influencing middle managers’ self-definition,
competent and successful, leaders are more likely even the spatial distance between middle and top
to show respect to them. In a way these condi- management influences whether middle manage-
tions facilitating the use of leader’s interactional ment assimilates or rather contrasts away in
justice signal that those leaders use a more instru- terms for fairness enactment from top manage-
mental view on the exchange relationship they ment. Although these findings present some
develop with their subordinates. If their subordi- intriguing implications for theory and practice,
nates are evaluated as actors that can be helpful to clearly, much more research is needed that
the successfulness, status, and position of the acknowledges the dual role of simultaneously
leader in the organization they receive better being a leader and a follower.
treatment. This is an interesting observation and
can be aligned well with the idea that particularly
leaders that are moving up the ranks and are 17.4 Theme IV: The Role of Justice
placed in middle management are confronted When Employees Leave
with the dilemma of how much to invest in their the Organization
own career development and how much in assur-
ing fairness and support for their subordinates. Various types of justice play an important role
As such, an important avenue for future research when employees enter the organization and dur-
examining conditions leading leaders to employ ing their stay in the organization, but they are also
326 M. van Dijke and D. De Cremer

relevant when employees leave the organization. notice was significantly and negatively related to
Just as the phase when potential employees turnover behavior, whereas the dimension of rep-
become interested in organization membership, resentativeness of views was significantly and
leaving the organization can be a time of great positively related to turnover. According to the
uncertainty. In line with the uncertainty authors, these results emerge because representa-
management model, particularly in such times, tiveness conflicts with self-interest in this situa-
justice plays an important role for employees. In tion. That is, representativeness indicates that
the following sections, we first describe the direct others have a say in the work schedule, which
effects of justice on employee turnover. will generally lead to a less optimal work sched-
Subsequently, we discuss the role of justice in ule for oneself.
situations in which some employees are forced to
leave the organization and others are allowed to
stay, as is the case in layoff contexts. 17.4.2 Justice and Downsizing

Over the last decades, downsizing has become


17.4.1 Justice and Turnover increasingly popular as an intervention to
increase many aspects of organizational effec-
Justice has a direct influence on employees’ tiveness. This popularity is not restricted to
motivation to stay in the organization or, con- Anglo-American and European contexts, but
versely, to leave. Specifically, low levels of jus- can also be observed in contexts that have tra-
tice decrease both commitment to the organization ditionally stressed the importance of communal
and job satisfaction. As noted, this is the case norms and a long-term connection of employees
particularly for procedural and distributive jus- to organizations such as in China, Japan, Hong
tice, and somewhat less so for interpersonal and Kong, and South Korea. However, downsizing
informational justice (Cohen-Charash & Spector, seldom leads to desired results, not in terms of
2001; Colquitt et al., 2001). Most empirical stud- efficiency/productivity, but also not in terms of
ies in this area report a significant negative rela- market value, profitability, reputation, or growth
tionship between justice (most research focuses in sales (Datta, Guthrie, Basuil, & Pandey, 2010).
on procedural justice) and turnover intentions One reason why these desired effects on orga-
(e.g., Aquino, Griffeth, Allen, & Hom, 1997; nizational performance often do not materialize
Schaubroeck, May, & Brown, 1994). Interestingly, is that downsizing is perceived as a highly nega-
studies examining the specific effects of proce- tive experience both for the employees who are
dural justice on turnover behavior have generally forced to leave the organization (i.e., “victims”)
reported more varied findings. Some reveal non- but also for those who stay (i.e., “survivors” of
significant results (e.g., Jones & Skarlicki, 2003), the downsizing process). In fact, downsizing has
whereas others show a negative relationship been argued to violate the implicit expectations
between procedural justice and turnover behavior and felt responsibilities of survivors and victims
(Greenberg, 1990). who must leave the organization (Morrison &
Posthuma, Maertz, and Dworkin (2007) pro- Robinson, 1997). This has important effects on
vide a reason for these diverging findings—at the responses of victims and survivors. For
least with regard to the effects of procedural jus- instance, a number of studies show that downsiz-
tice. They show that the relationship between ing is associated with reduced organizational
turnover behavior and procedural justice depends commitment and job involvement among survi-
on the specific procedural justice dimension. vors (e.g., Brockner, Higgins, & Low, 2004).
They studied voluntary turnover behavior among Victims of downsizing are more likely to take
nurses in a work scheduling context and show legal action (Goldman, 2001), slander the organi-
that the procedural justice dimension of advance zation to peers (Konovsky & Folger, 1991), and
17 Justice in the Work Setting 327

engage in violence or sabotage against the orga- tional fairness because they help victims of lay-
nization or its members (Wilkinson, 1998). offs make sense of the difficult situation they are
Because downsizing is experienced as a highly in. Moreover, layoffs that are handled with infor-
negative event, justice perceptions are important mational fairness signal to victims that they are
to both survivors and victims. Research shows worthy of dignity and respect (Bies & Moag,
that justice perceptions are influenced by 1986). Research shows that providing layoff vic-
employee perceptions of whether (a) the layoff is tims with an adequate explanation for the layoff
necessary to begin with, (b) decision criteria used increases perceptions of fairness (e.g., Brockner
in identifying who should leave and who should et al., 1994; Greenberg, 1994) and weakens nega-
stay are appropriate, and (c) victims and survi- tive victim reactions (Shaw, Wild, & Colquitt,
vors feel that victims are fairly treated and ade- 2003).
quately provided for after the process (Shah, As noted, a large number of studies show that
2000). Furthermore, Mansour-Cole and Scott downsizing negatively affects job involvement
(1998) show that procedural justice perceptions and organizational commitment among survivors
are higher when managers, rather than other (see Datta et al., 2010, for an overview). Research
sources, announce and explain an imminent lay- shows that the negative effects of downsizing on
off, especially in relationships characterized by these variables are weaker with high levels of
high mutual trust, respect, and obligation. interactional and procedural justice (Brockner
The relevance of justice in the downsizing et al., 2004). Trevor and Nyberg (2008) report
process is also apparent from the perspective of that downsizing predicts voluntary turnover
fairness heuristic theory (Lind, 2001). Periods of behavior among survivors, and that this effect is
downsizing are times of great uncertainty for mediated by organizational commitment.
employees. Fair information provides a relevant However, procedural justice weakens this medi-
source to make sense of the situation (De Cremer, ated effect. Furthermore, Chang (2002) shows
Brockner, et al., 2010) and most importantly per- that the negative effects of downsizing on the
haps, is useful for assessing the authority’s inten- attachment and commitment of survivors are
tions and trustworthiness. If the downsizing weaker when distributive justice of the downsiz-
decision process is considered to be fair, the neg- ing operation is perceived as high.
ative effects of downsizing could be mitigated. A meta-analysis by van Dierendonck and Jacobs
On the other hand, perceptions of procedural (2012) confirms many of the above outlined find-
injustice may strengthen negative responses to ings. They focus on commitment to the organiza-
downsizing. In support of this argument, tion as the outcome and consider the responses of
Brockner et al. (1994) find that more severe lay- both victims and survivors of the downsizing
offs predict lower trust in the organization. operation. This meta-analysis reveals a positive
However, this negative effect of layoff severity is relationship between justice and organizational
absent in situations of high procedural justice. commitment for both survivors and victims and
However, justice plays a much broader role in shows some evidence for the process that explains
mitigating negative responses to downsizing. why justice is of such importance in downsizing
Laid off employees can also negatively influence settings. van Dierendonck and Jacobs (2012) find
the organization. To mitigate these effects, that the impact of justice is stronger in individu-
researchers have often focused on the role of alistic than in collectivistic cultures and that jus-
informational justice, that is, the degree to which tice is more important when the layoff is initiated
decisions made by the organization are explained for profit maximization rather than for economic
to employees (Bies, 1987). Adequate explana- necessity.
tions (i.e., explanations that are appropriately Finally, research has also revealed interesting
detailed, clear, and reasonable) and provided in a effects of variables that describe how employees
timely manner promote perceptions of informa- relate to the organization prior to the downsiz-
328 M. van Dijke and D. De Cremer

ing operation. For instance, Brockner et al. we discussed in the various themes in this chap-
(1994) show that unjust procedures associated ter (see Brockner & Wiesenfeld, 1996, 2005,
with a downsizing operation result in lower for overviews of this research).
organizational commitment and self-reported The context of work organizations provides an
work effort, and higher turnover intentions par- important testing ground for the role of justice
ticularly among employees who were previ- dimensions and justice theory, but also offers a
ously strongly committed to the organization. unique aspect to the study of justice, at least
Other important effects have been reported by when compared with the legal settings in which
Wiesenfeld, Brockner, and Thibault (2000). the role of procedural justice was first investi-
They show that particularly managers who were gated (Thibaut & Walker, 1975). The authority in
laid-off (compared to organization members legal settings is supposed to be impartial, having
who do not have a management position) no vested interests in the outcomes of the deci-
respond to procedural injustice with reduced sion. This differs sharply from the role of organi-
self-esteem. This is because managers are more zational managers (Cohen, 1985), who enact
committed to the organization than employees. decisions that have implications for employee
In sum, unjust downsizing procedures seem to outcomes, but at the same time have a vested
have a particularly negative impact on the com- interest in the outcome of the decision (i.e., that
mitment and self-views of the most dedicated the organization functions effectively). In other
members. words, attempts to maintain high levels of inter-
actional, informational, and procedural justice
may sometimes be used strategically to “sell”
17.5 Conclusion and Discussion unjust outcomes to employees. Such a strategy-
based approach to justice may work for some
The topics that are addressed in this chapter time, and it may be necessary to “appear fair”
clarify that justice is important to our under- rather than only “being fair” (Greenberg, 1988).
standing of organizational phenomena at each Yet, in the long run it may actually result in a loss
of the stages under discussion: during the selec- of trust. Justice effects can only flourish under
tion process, during the time people work as circumstances where trust is present or can poten-
organization members and need to be motivated tially be developed in a positive way (see De
to contribute to the organization’s welfare, and Cremer & Tyler, 2007).
during downsizing operations. Yet, this over- We hope that the insights provided by our
view of the role of justice at the workplace nec- overview will (a) reveal a strong input to theory
essarily was restricted in scope. For instance, in and empirical-based research exploring the man-
line with the majority of research we consid- agement of justice processes throughout the busi-
ered mostly outcome variables of justice that ness cycle of an organization, and (b) motivate
are relevant from the organization’s perspec- researchers to explain and formulate more clearly
tive, such as employee commitment and perfor- to practitioners and companies the importance of
mance. Yet, justice also impacts employee justice in their organizational reality, and how
well-being. For instance, low levels of justice justice principles can be employed in the most
are associated with employee stress (Judge & effective way.
Colquitt, 2004) and health complaints (De
Boer, Bakker, Syroit, & Schaufeli, 2002). As
another example, we focused almost exclu- References
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Justice in the Couple
and the Family 18
Dorothea Dette-Hagenmeyer and Barbara Reichle

“To ask whether a society is just is to ask how it


distributes the things we prize—income and 18.1 The General Model: Causes
wealth, duties and rights, powers and opportuni- and Consequences
ties, offices and honors. A just society distributes of Injustice
these goods in the right way; it gives each person
his or her due. The hard question begins when Feelings of injustice arise when a rule for a distri-
people ask what people are due, and why” bution is applied which does not seem to be
(Sandel, 2009, p. 19). Couples and families are appropriate to a recipient or an observer. The
societies on a small scale, they generate and fol- general reactions in terms ofemotions and actions
low rules for distributions, evaluate the justice of are described by cognitive emotion theorists
distributions, and react with emotions and actions (e.g., Frijda, 1986; Ortony, Clore, & Collins,
to just and unjust outcomes. This will be outlined 1988). In the more straightforward cases, feel-
first. After the general pattern, research on justice ings of anger, outrage, disappointment, envy, and
in close relationships is summarized, with the sadness will arise, and actions will be taken to set
largest section dealing with household distribu- things right, either by a correction of the distribu-
tions, followed by a review on consequences of tion or by a correction of the evaluation as unjust.
injustice, efforts to install justice in the couple, Additionally, a victim may elicit feelings of pity
and some research on justice in the context of in an observer, and actions of support and conso-
divorce. The relationship section is completed lation. In more complex cases, injustice may lead
with research on same-sex couples. The last sec- to schadenfreude in the light of the misfortune of
tion deals with justice among kin—siblings, the victim (Feather, 2014).
intergenerational issues, and consequences of If a correction seems impossible, injustice can
injustice. be accepted, most likely with feelings of help-
lessness and resentment. Otherwise, motivated
coping may occur, with reappraisals in order to
reduce or even eliminate the experience of injus-
tice. The reduction of injustice can be achieved
be shifting the focus of comparison in a way that
leads to a more favorable outcome (as is described
D. Dette-Hagenmeyer (*) • B. Reichle in studies on the relative deprivation of working
Ludwigsburg University of Education, Ludwigsburg, women; cf. Crosby, Pufall, Snyder, O’Connell, &
Germany Whalen, 1989, see below). Belief in a just world
e-mail: dette-hagenmeyer@ph-ludwigsburg.de; can motivate a reduction or even an elimination
reichle@ph-ludwigsburg.de

© Springer Science+Business Media New York 2016 333


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_18
334 D. Dette-Hagenmeyer and B. Reichle

of feelings of injustice by means of trivializing ity principle, each actor deserves the same
the damage that has occurred, by blaming the amount of the resources in question in an egali-
victim and other strategies that restore justice tarian way. The principle of (c) need favors the
cognitively (Lerner, 1980). person who has the greatest need. The principle
Rules underlying distributions of resources are of (d) power holds that those with more power,
based on criteria like economy, feasibility, jus- authority, status, control, or the like should get
tice, and others. Many of these rules are culture more than those in lower level positions. The
bound (Leung & Stephan, 2001). The distribu- principle of (e) responsibility prescribes that
tion of resources is especially likely to provoke those who have more (especially more than they
justice considerations if resources are scarce and need) should donate resources to the less fortu-
if a distribution does not comply with the favored nate (see Forsyth, 2010).
rule of a person who is involved in the distribu- Procedural principles concern the fairness of
tion (a recipient), or with the favored rule of an the rules that regulate the allocation process
observer. Besides such individual justice ratings, (Leventhal, 1980; see also Vermunt & Steensma,
second-order justice ratings concern the con- 2016, Chap. 12 of this handbook): Third-party
cordance or discordance of the justice ratings control is rather unlikely in western families, but
of various actors, recipients, or observers. it is likely in eastern families where parents
Consequently, justice can vary between the actors arrange the marriages of their (more or less) adult
in a distribution (e.g., if their principles of a just children and make rules about how resources are
distribution are discordant, or if their ratings of distributed in these marriages. Related to this
the mutual contributions are discordant) or it can idea is the casting-vote principle, which assigns
be concordant (e.g., if they apply the same prin- the privilege of deciding to a member of the
ciple or rate their contributions as equal). group (e.g., the male as the head of the family has
Besides these subjective ratings, there are the final say). A ballot or lottery provides equal
more objective judgments that are based on soci- chances when there is no one to control the allo-
etal or legal norms for determining familial dis- cations. A negotiation refers to a democratic pro-
tributions, duties, rights, and other objects of cess that follows fixed rules (in extenso, Rawls,
justice. The most general legal norms that refer to 1999, four-stage sequence).
justice in families and close relationships can be Retributive justice principles (Darley &
found in the human rights carta or in codified Pittman, 2003; Okimoto, Wenzel, & Feather,
family law (e.g., rules that prescribe how to justly 2009; see also Wenzel & Okimoto, 2016, Chap. 13
distribute a family’s income or the appropriate of this handbook) concern the principles of just
behavior of spouses) of rights and duties that reactions to transgressions, involving compensa-
might lead to divorce or death by stoning if vio- tion, retribution, or rehabilitation (Stalans, 1996).
lated, to the placement of a child or relative in While retributive justice “refers to the repair of
public custody, or to the disinheritance of a fam- justice through unilateral imposition of punish-
ily member. ment, (…) restorative justice means the repair of
Subjective and judicial norms are based on justice through reaffirming a shared value-con-
principles. There are at least three different kinds sensus in a bilateral process” (Wenzel, Okimoto,
of principles (Reichle, 1996; Törnblom, 1992; Feather, & Platow, 2008, p. 375; see also Cohen,
see also Jasso, Törnblom, & Sabbagh, 2016, 2016, Chap. 14 of this handbook). In the context
Chap. 11 of this handbook): According to alloca- of justice in the family, restorative justice has
tion principles, distributions are based on a been applied in the context of crime, most fre-
potential recipient’s characteristics. There are at quently partner violence (e.g., Koss, 2000).
least five different allocation principles that can Outcomecharacteristics or distributionresult
be distinguished: According to the principle of rules concern the characteristics a just distribu-
(a) equity, the amounts of goods that are distrib- tion should have. Egalitarian vs. specialized, and
uted have to be proportional to a person’s costs, conform vs. nonconform distributional outcomes
investments, or merit. According to the (b) equal- can be distinguished (Reichle, 1996). Egalitarian
18 Justice in the Couple and the Family 335

means that each member ends up with exactly the 1991, p. 42)—which seems to be similar to the
same share (e.g., each spouse performs the same need principle outlined earlier. Goodnow (2004)
tasks for the same amount of time). Specialized reports that a minority of 11 % Anglo-Australian
means that each actor is allowed to engage in families distributed their chores in accordance
what he or she prefers or does best. Conform with this framework.
means that a distribution is in accordance with Besides the favored justice principles and
what a societal majority considers appropriate rules, research on justice in the family has
(e.g., a mother’s share of childcare is larger than focused on the prediction and consequences of
the share of a father, and a father’s amount of injustice. The largest body of research deals with
breadwinning is larger than the amount of a injustice in close relationships, with many studies
mother). Nonconform means a distribution is in focusing on the distribution of housework in het-
discordance with what the majority considers erosexual couples, and some newer studies focus-
appropriate (e.g., stay-at-home fathers and sole ing on same-sex couples. Another justice issue in
breadwinner mothers). close relationships concerns separation and
Each of these outcomes can be the result of the divorce. Only a few studies deal with justice
application of various principles of allocation, among siblings, and with justice in the extended
procedure, retribution, and restauration. As an family. These topics will be addressed in the fol-
example, an egalitarian distribution of child care lowing parts.
in a divorced couple can be the result of an appli-
cation of the need principle, since the father has
to compensate for the interruption of the moth- 18.2 Justice in Close
er’s career and to enable her to finish some train- Relationships
ing in order to be able to make her own living.
This could have been achieved in a negotiation One can think of many objects that could be
procedure after the father’s income had been unfairly distributed between partners in a close
withheld (retribution) because of noncompliance relationship (e.g., support, care, power, marital
with child support obligations in order to restore violence). Surprisingly, the largest body of
justice. research has focused on the distribution of roles
A different set of rules is proposed by anthro- and duties, especially housework. Why?
pological relational models theory, which postu- Freedom in love radically alters the standing of
lates four different types of relationships with women, but it doesn’t, certainly not in an auto-
corresponding modes of social interactions: com- matic way, end their oppression. For that oppres-
munal sharing, authority ranking, equality match- sion is only partly situated within the family. As a
little economy and a little state, ruled by a father-
ing, and market pricing (Fiske, 1991). The king, the family has long been a setting for the
communal orientation is interesting as it is postu- domination of wives and daughters (and sons, too).
lated to be the dominant orientation in family rela- It isn’t difficult to collect stories of physical brutal-
tionships. The communal framework is “based on ity or to describe customary practices and religious
rites that seem designed, above all, to break the
duties and sentiments generating kindness and spirits of young women. At the same time, the fam-
generosity among people considered to be of the ily has long been the woman’s place; she was abso-
same kind, especially kin” (Fiske, 1991, p. 14), lutely necessary to its existence and then to its
with a moral basis of “caring, kindness, altruism, well-being; and at some level, in most cultures, she
had to be regarded as a valued member. Within the
selfless generosity … protecting intimate relation- household, if only there, she often possessed con-
ships” (Fiske, 1991, p. 46). There is no track siderable power. The real domination of women
keeping of balances, turn taking, and equal shares has less to do with their familial place than with
as there is in the equality matching framework. their exclusion from all other places. They have
been denied the freedom of the city, cut off from
Rather, “everyone pitches in and does what he or distributive processes and social goods outside the
she can … Tasks are regarded as (the) collective sphere of kinship and love. … But what is most
responsibility of the group, without dividing the important right now is that the market, as it actu-
job or assigning specific individual duties” (Fiske, ally functions and as we understand its function-
336 D. Dette-Hagenmeyer and B. Reichle

ing, sets no internal bar to the participation of With the increased participation of women in
women. It is focused on the quality of goods and
higher education, this gender-based distribution
on the skill and energy of persons, not on kinship
standing or sex … The family will certainly be a has changed. Now men and women often per-
different place when it is no longer woman’s exclu- form the same tasks in the work force, and com-
sive place… it may well prove a more fragile asso- parisons according to justice principles are
ciation than the kinship groups of other and older
possible. However, as a couple enters parent-
societies (Walzer, 1983, pp. 239–242).
hood, the new additional role of parenting forces
Maybe housework is the nucleus of the shift to couples to redistribute their tasks (Cowan &
modern families in modern western societies— Cowan, 1992; Reichle & Montada, 1994; Schulz
the stage we are currently observing. Women feel & Blossfeld, 2006), and the large majority rein-
entitled to “the freedom of the city,” “the market,” stalls the traditional distribution. With the out-
and consequently, for a functioning family, their sourcing of childcare and the increasing
formerly privileged claims need to be shared by independence of children, most couples move
their husbands, who are more or less reluctant to back toward a more egalitarian distribution
trade their high breadwinner status for the lower (Reichle & Zahn, 2006).
status of an unpaid child care worker and Several theories offer explanations for these
homemaker. differences. Economists often see power differ-
entials as the source of this situation (see
Behrman, 1996). According to Thibaut and
18.2.1 Injustice in the Distribution Kelley (1959), there are two types of power. Fate
of Housework control is the ability of one partner to affect the
other partner’s interaction outcomes. Behavior
Housework includes all unpaid labor done to control is one partner’s ability to influence the
maintain the household or run a family (e.g., other partner’s behavior or behavioral alterna-
household chores, childcare, maintenance of tives through the first partner’s own behavior.
appliances, repairs, gardening; Coltrane, 2000). One partner is in a position of power and can
The division of paid and unpaid work between determine not only his or her own behavior and
the sexes is related to household tasks and is outcomes but also the other partner’s behavior
another prevailing issue of injustice in families. and outcomes, whereas the other partner is
These tasks may spill over onto each other and dependent. For instance, until 1977, in Germany,
may also be related to each other (Grzywacz, the husband was allowed to singlehandedly end
Almeida, & McDonald, 2002). his wife’s employment—even against her
The antecedents ofperceived injusticein the declared protest—if he thought that her employ-
household can be viewed from two perspectives. ment resulted in neglect of the household.
First, there is the division of the housework itself. Exchange theory (Cropanzano & Mitchell, 2005;
Second, there is the perception of this division as Thibaut & Kelley, 1959) sees differences in
just or unjust. For the latter, the real situation is resources as a reason for this kind of situation.
compared with a normative prescription or with The termination of a relationship results in costs
the divisions practiced by other people in compa- for both partners. However, one partner may
rable situations. Both perspectives are needed to have lower costs than the other because he or she
explain a given situation. The antecedents of both may have more options, more money, more
real and perceived injustices in the division of social and informal support, and so forth. The
housework are rooted in the attitudes of the sexes more interdependent the partners are, the smaller
toward what constitutes fair shares of work. the power differential. In patriarchal societies,
Historically, women and men had separate areas such as the ones found across Europe and North
of work. A comparison of men’s or women’s America, men have traditionally had more
work was difficult to conduct and dealt with the options and the power of decision as men have
question of “what” rather than with “how much.” tended to be economically independent, and
18 Justice in the Couple and the Family 337

women have not. It is usually the father or hus- Still another conceptualization of the percep-
band who is seen as the head of the family and tion of a distribution as just or unjust is that of
therefore in charge of family decisions. Wives or entitlement as described in the distributive justice
mothers are in charge of household decisions framework (see Major, 1993; Thompson, 1991).
because they are traditionally ascribed a certain This approach combines the psychology of enti-
expertise in this field. tlement (see Major, 1993) and the social psychol-
Another source of power can be money. The ogy of distributive justice (see Deutsch, 1985).
amount of money a person earns through paid According to the theory, women may be content
work influences the power differential in two even when the distribution of household labor is
ways. First, the person experiences positive unbalanced. Even if a distribution does not fol-
appreciation because what he or she does is worth low equity or equality rules and results in an
the money he or she receives. Second, the money unbalanced arrangement, the gendered nature of
enables the person to purchase goods that can perceptions of fairness and entitlement in close
then be used to illustrate his or her socioeco- relationships may lead to this counterintuitive
nomic status (Liebig, Sauer, & Schupp, 2010). finding in female satisfaction. This suggests that
Classic sociological and psychological mod- people perceive a situation, an event, or treatment
els also seek to explain the division of housework as just if they get what they believe they are enti-
(e.g., Aassve, Fuochi, & Mencarini, 2014). tled to by virtue of who they are (e.g., a woman or
Prominent models represent time availability a man) or what they have done. Many theories of
(e.g., Gough & Killewald, 2010), relative social justice consider this to be the most central
resources (e.g., Brines, 1994), and gender ideol- aspect of justice.
ogy (e.g., Greenstein, 1996, 2009). The time According to the authors (Major, 1993;
availability model predicts that the partner who Thompson, 1991), there are three components
spends less time on paid work will spend more that are important for justice considerations in
time on housework. However, time availability the household: (a) the comparison referents or
cannot be the only explanation. Gough and the comparison standards that are used (i.e.,
Killewald (2010) found that even when husbands who or what is compared); (b) the outcome
lost their jobs, their weekly time spent on house- value (i.e., if housework is considered a burden
work changed by less than 2 h, not enough to only or if it has positive aspects); and (c) justifi-
compensate for the existing gender gap of 12 h cations (i.e., if there are reasons that support
per week of housework. Relative resources mod- why the current distribution is just; for an over-
els assume that the partner who earns more view, see also Mikula, 2013). The comparison
money (i.e., has more resources) will do less standard is the who or what that a person com-
housework, and the partner who earns less cannot pares him- or herself with when judging the
“buy him/herself out” of housework. However, fairness of the distribution of household labor.
recent research has shown that in addition to rela- There are two possible comparison standards:
tive resources, the absolute resources of women the partner in the relationship (i.e., a relational
are an especially important factor. The more comparison) or, as Major (1993) observed, an
absolute resources a woman has, the fewer hours external man or woman in a similar situation
of housework she does (Sullivan & Gershuny, (age, family constellation, etc.; that is, a refer-
2012). Gender ideology draws on traditional ential comparison). “In the latter context,
beliefs about who does what and sees women as women may be quite satisfied with how their
more or less responsible for housework. When relationship ‘stacks up’ (Buunk & Van Yperen,
women engage in housework, this belief is con- 1991). If a woman compares her situation with
firmed, whereas when men do housework, this that of a female friend, for example, she may see
belief is contradicted. However, Carlson and herself as fortunate, ‘one of the lucky ones’
Lynch (2013) found a mutual and reciprocal rela- (Hochschild, 1989), even if she shoulders the
tion between the division of housework and gen- bulk of household responsibilities in her own
der ideology for both husbands and wives. relationship” (Dixon & Wetherell, 2004, p. 171).
338 D. Dette-Hagenmeyer and B. Reichle

Relational comparisons, on the other hand, are This finally points to the issue of socialization
more often associated with feelings of of entitlement and obligation with respect to the
injustice. household system. From childhood to adoles-
The value of the outcome is also critical. If cence, girls perform more household tasks than
household chores are seen as aversive and bur- boys of the same age, parents assign tasks to their
densome, feelings of injustice will arise even if children according to gender, especially fathers,
the distribution is close to an egalitarian split. boys are more likely to be paid for the jobs they
However, if a good family climate with close and do (for overviews see Emler & Hall, 1994;
trusting relationships is important to a woman, Goodnow, 1988). In a UK study with adoles-
she may be willing to invest more than an equal cents, females contributed to more areas of
share in household chores if she feels that this household labor but received fewer kinds of ben-
helps her to reach this goal. Also, if she feels that efits than males (telephone, motorbike, car, video,
her household labor is appreciated (e.g., Sanchez own room) with one exception (space to invite
& Kane, 1996) and if she feels that she matters to friends to stay). Females had more egalitarian
her husband (Kawamura & Brown, 2007), such beliefs than boys, but egalitarian beliefs were
feelings may lead to a perception of justice in related to experiences of domestic labors in boys
unbalanced distributions. Last but not least, many only—those who performed more female tasks
women justify their husbands’ lower engagement had stronger egalitarian sex-role beliefs. For
(i.e., they seek good reasons that can explain why females, neither contributions nor fairness ratings
the given distribution is just). Potential reasons of the contributions were influenced by their
include societal prescriptions about male and beliefs about appropriate roles and obligations
female roles but also the conviction that certain for males and females. They seem to accept
tasks may be inappropriate for men because of a demands made of them as fair and at the same
lack of ability, time, or resources. Limited contri- time claim for equal distributions of obligations:
butions to household tasks may thus be excused. “… another example of the phenomenon docu-
“[…]A sense of procedural and interactional jus- mented by Crosby (1982), the tendency for
tice, in other words, may mask injustice at the females to agree that the category to which they
level of distributive outcomes” (Dixon & belong is unfairly disadvantaged but not to rec-
Wetherell, 2004, p. 172). ognize that they personally are in this position?”
Another kind of injustice can arise from (Emler & Hall, 1994, p. 299).
unstated or explicit discrepancies between the
preferred or practiced models of two or more
family members, especially if such discrepancies 18.2.2 Consequences of Perceived
violate the assumptions of a family member. Injustice in Distributions
Examples are “mothers describing themselves as
frequently using phrases such as ‘this is a home, Relationship satisfaction is one of the conse-
not a restaurant, boarding house, delicatessen, quences of perceived (in)justice. If the object of
hotel, laundromat, etc.’ They pointed out the the unequal distribution is the amount of paid
need for children to learn the difference between work, the consequences vary by country: In West
‘mothers’ and ‘maids’ and the importance of not Germany, couples with part-time working wives
behaving like ‘a king’ or ‘a queen’ expecting are significantly more stable than couples with
everyone to pick up after them. … Fathers were full-time employed wives. In the UK and US,
likely to say that they were not ‘running a taxi neither part-time nor full-time employment sig-
service,’ or were not ‘automatic banking nificantly alters the risk of divorce. In the US,
machines.’ Children would use, toward each however, mothers working part-time have a
other, phrases such as ‘I’m not your slave,’ significantly lower risk of divorce. West German
‘you’re not paying me,’ or ‘who do you think you and British husbands’ unemployment was found
are?’”(Goodnow, 2004, p. 169). to be more detrimental to marital stability than
18 Justice in the Couple and the Family 339

wives’ employment (Cooke & Gash, 2010). In a traditional relationships (Stutzer & Frey, 2006).
similar vein, a large Danish study found that men This may explain women’s lower satisfaction
who were outearned by their wives were more scores in dual-earner relationships. In dual-earner
likely to use erectile dysfunction medication than couples, unfair distributions of household chores
their male counterparts, whereas breadwinner predicted lower marital satisfaction in both
wives and husbands alike used more anxiety and spouses but predicted divorce for women only
insomnia medication (Pierce, Dahl, & Nielsen, (Frisco & Williams, 2003).
2013). This effect has also been shown for mar- Only a small percentage of wives perceive this
riage markets. Marriage rates decline as the like- distribution as unfair (Gager & Hohmann-
lihood of males being outearned by females Marriott, 2006). Surprisingly, many women per-
increases. In a relationship, when the woman has ceive such an unequal distribution as just, even if
the potential to outearn her partner, the woman is both partners are working (Braun, Lewin-Epstein,
less likely to engage in paid work and is also Stier, & Baumgärtner, 2008). In part, women
more likely not to earn as much as she could. In compare their long hours in the household with
couples where the woman outearns her husband, their husbands’ long hours at work (Öun, 2013).
she still does more housework, relationship satis- An explanation for this distortion of reality
faction is lower, and divorce is more likely can be found in the just world hypothesis. This
(Bertrand, Kamenica, & Pan, 2015). Thus, it describes the popular belief that in a just world,
seems that men are more vulnerable to unequal everyone gets what they deserve and deserves
distributions of paid work and income than what they get (Lerner, 1980; see also Hafer &
women, a finding that is in accordance with tradi- Sutton, 2016, Chap. 8 of this handbook). It is a
tional gender roles. Specifically, the imbalance cognitive strategy to restore justice for the sake of
between paid and unpaid work between the sexes one’s own well-being. In this case, women take a
as well as the workload itself leads to various distribution that is uneven in reality, and they
negative outcomes such as distress, lower life sat- reinterpret it as even by switching the compari-
isfaction, and lower relationship satisfaction son standard. Crosby et al. (1989) also see wom-
(Coltrane, 2000). en’s denial of their personal disadvantage as a
Although women’s participation in the work motivated phenomenon: As a group, women feel
force has been growing continuously in recent deprived in comparison with men, but in com-
decades, women still perform the majority of the parison with less fortunate individual women,
housework (Lothaller, Mikula, & Schoebi, 2009) working women manage to see themselves as
and reduce the amount of paid work they do in more fortunate or less disadvantaged. This pre-
order to accomplish this (see Gager, 2008). Often, vents women from viewing themselves as vic-
they do not reduce the amount of paid work but tims. Other explanations focus on the fact that
still do more housework (for an overview, see because household chores are often not measur-
Blair, 2012). Interestingly, it is not so much the able by the dollar, they are seen as less important
division of household labor itself, but rather the than paid work and are therefore discounted in
perception of it as just that exerts the main influ- the estimation of who does how much. Another
ence on well-being. Couples who see themselves reason is that the partner who earns more of the
as having equal rights in their relationship report family income may buy him/herself out of house-
higher relationship satisfaction (Gottman & hold chores (Gager, 2008). This is aggravated by
Notarius, 2000). Nevertheless, relationship satis- the wage gap between women and men at compa-
faction is not necessarily lower in couples who rable educational and job levels (DeNavas-Walt,
decide to embrace the traditional model. In dual- Proctor, & Smith, 2013; see also Coltrane &
earner relationships, the female often performs Shih, 2010). In addition, attributions of responsi-
the bulk of the household chores and childcare on bility for the situation are important (Reichle,
top of her paid work. Thus, the work—both paid 1996). If the situation with its constraints (e.g.,
and unpaid—results in more total hours than in insufficient childcare system, compulsory school
340 D. Dette-Hagenmeyer and B. Reichle

schedules, high marginal tax rates for second 18.2.3 Efforts to Install Justice
earners, etc.) rather than the partner is perceived in the Couple
as the cause of the injustice, satisfaction is higher
(Reichle, 1994a). But if the total number of hours Efforts to install justice in the couple toward more
rises above a certain threshold, this leads to dis- egalitarian distributions have been documented in
tress and related negative outcomes, which may extensive case studies of 50 couples by Goodnow
explain why women in egalitarian relationships and Bowes (1994). Evidently, fairness and a pres-
report lower well-being (Stutzer & Frey, 2006). ervation of the quality of the marital relationship
Research in social psychology has also found were the most powerful motivations identified in
negative relations between relationship quality these extraordinary couples, but public discussions
and the belief that the partner is responsible for about paid and unpaid labor within families in the
problems (e.g., Fincham, 1994; Karney & context of women’s increased participation in the
Bradbury, 2000; Reichle, 1994a). Unrealistic or labor force also did play a significant role. On the
violated expectations (e.g., Kurdek, 1993; political side, many European governments have
Reichle, 1994b) and experienced unfairness reacted to these societal changes with some sort of
(Reichle, 1996) are related to lower relationship adaptation of their family policies. Companies and
satisfaction. Notably, the various predictors of government institutions have installed equal
relationship satisfaction are highly correlated opportunity officers. No-fault divorces and joint
(e.g., blaming the spouse, experienced unfair- custody of children after divorce are practiced in
ness, anger, disappointment, indignation, accusa- most western countries. Both parents’ names can
tion, and withdrawal), which is completely in line become the family name and the family name of
with the general pattern of injustice and related the children. Parental leave from work is legally
emotions and actions outlined by cognitive- installed in many countries. Some countries such
emotion-action theories (see above). as Germany, France, and the Scandinavian coun-
Perceived justice also mediates the relation tries have installed a tax-financed payment for
between housework and relationship satisfac- families to provide financial support to compen-
tion. The more wives felt that their housework sate for the costs of bringing up a child. Also, in
was a burden, the more they viewed the distribu- Germany, this benefit is paid for two more months
tion as unjust and the less satisfied they were if the other parent (usually the father) takes a
with their relationship (Mikula, Riederer, & parental leave. In Sweden, a short paternal leave
Bodi, 2008). Also, the more women felt that was even reported to increase subsequent fertility
their obligations in the household and in child- (Duvander & Andersson, 2006).
care interfered with their obligations in paid To summarize, most couples state that ideally,
work, the less just they perceived the division of housework should be equally split between part-
the work between the sexes; and the less justice ners (Coltrane, 2000). Whereas 62 % of
they perceived, the less satisfied they were with US-American women and men prefer the modern
their relationship (Andrade & Mikula, 2014). marriage in which the husband and wife both
Interestingly, this mediation was found mainly work outside and inside the home, only 30 % of
for women. For men, justice was not related to the fathers reported that they provide the same
the division of housework or to their relation- amount of childcare as their partners (Harrington,
ship satisfaction (Mikula, Riederer, & Bodi, Van Deusen, & Humberd, 2011). Discrepancies
2012). However, men were affected by aspects between the ideal and reality more frequently
of justice via partner effects. The less justice originate in men’s expectations that women step
wives perceived, the more relationship conflicts back from work and engage in housework and
were reported by men, and the more conflict family responsibilities than in comparable expec-
they experienced, the less satisfied they were tations of females (Gerson, 2010). In a large
(Mikula et al., 2012). Australian study, mothering involved not only
18 Justice in the Couple and the Family 341

more overall time commitment than fathering, parenting arrangement and the extent to which
but also more multitasking, more physical labor, they were allowed to participate in making those
a more rigid timetable, more time alone with arrangements. Half said that they did not have
children, and more overall responsibility for enough time with their nonresident parent. A
managing care. These gender differences in the continuing and meaningful relationship with both
quantity and nature of care applied even when parents and with siblings was very important to
women worked full-time (Craig, 2006). It seems them. More than one-third favored arrangements
that often times, psychological corrections are in which they could spend equal time with each
employed in order to allow unequal distributions parent. Youngsters were very concerned with
to be perceived as fair. issues of fairness between first and second fami-
lies, in terms of both time availability and finan-
cial provisions.
18.2.4 Justice in Separation Thus, the experience of injustice has been
and Divorce shown to severely aggravate the aftermath of
divorce, fathers’ compliance with child support
When marriages end, relationships continue, obligations, and new family arrangements. It thus
albeit in new forms. Parents remain parents, part- seems highly desirable to support parents and
ners can become subsistence payers or receivers, their children in the negotiation of new distribu-
and alimony payers or receivers. The existing tions of rights and duties that are perceived as just
studies have focused on the distribution of ali- by every member of the family—in terms of allo-
mony, child support, and child custody. In all cation, procedure, and outcome, and, if required,
these studies, the operationalizations of justice in terms of retribution and restoration.
are rather simple, with justice being conceptual-
ized as fairness.
In a qualitative study on injustice in divorce 18.2.5 Distributions in Same-Sex
(Rettig, 2007), women who were formerly mar- Couples
ried to wealthy men reported on the stressors of
unfair divorce decision procedures. They also When it comes to familial distributions in same-
reported on unjust resource distributions, includ- sex couples, the situation is different. As house-
ing losses of assets that were not divided, with hold chores cannot be distributed by the proxy of
subsequent crises involving high debts, tax fraud, biological sex, they need to be negotiated. As
bankruptcy, and loss of custody, and the traumas more same-sex parents raise children, childcare
of continued litigation for many years without has to be distributed, too.
changes granted by the appellate or state supreme The base rate of same-sex affection is difficult
courts. to assess. Estimates revolve around 1–3 % of
In a study of nonresident US fathers who filed homosexual individuals with 10–15 % of indi-
for divorce, perceived fairness and income with- viduals reporting homosexual experiences. In the
holding increased their compliance with child UK, 1.5 % of adults identified themselves as gay,
support obligations, but the effects of these strat- lesbian, or bisexual (Office for National Statistics,
egies on compliance were not additive. If fathers 2012). Australia reported 1.6 % homosexual
thought their child support orders were fair, the men, 0.9 % bisexual men, 0.8 % homosexual
use of routine income withholding did not women, and 1.4 % bisexual women, with 8.6 %
increase their compliance (Lin, 2000). of men and 15.1 % of women having experienced
An Australian study showed that the justice of sexual desire or contact with same-sex partners
postdivorce distributions impacts children and (Smith, Rissel, Richters, Grulich, & de Visser,
adolescents (Parkinson, Cashmore, & Single, 2003). In legislation, there is still a difference
2005): There was a strong relation between between the more liberal northwestern Europe
young people’s perceptions of the fairness of the and the rather strict legislation in southern
342 D. Dette-Hagenmeyer and B. Reichle

Europe, with some exceptions. Spain, for intergenerational justice tend to adopt one of two
instance, is very liberal despite the great majority strategies. The first is to cover a time span in ret-
of Catholics. France, on the other hand, compares rospect, the approach used in most sibling stud-
to Eastern European countries. To date, homo- ies. Alternatively, prospective and longitudinal
sexual acts are no longer persecuted in any of the designs are applied, with the advantage of fewer
European countries. Many countries have passed distortions by effects of motivated coping that
antidiscrimination laws, but only three countries might have transformed a severe injustice into a
(i.e., Kosovo, Portugal, and Sweden) have added tolerable one.
respective passages to their constitutions. Same- Most sibling studies center on perceptions of
sex marriages are currently possible in seven unequal treatment between siblings and their
European countries: Belgium, Iceland, The effects: Using longitudinal data from middle
Netherlands, Norway, Portugal, Sweden, and childhood to late adolescence, Shanahan,
Spain. Several other nations offer homosexual McHale, Crouter, and Osgood (2008) reported
couples a civil union or civil partnership, a legal cross-sectional and longitudinal links between
form similar but not identical to marriage. differential treatment, ratings of the fairness of
Homosexuals may adopt children in nine coun- differential treatment, and outcomes. Youths who
tries: Andorra, Belgium, Denmark, the UK, reported decreases in parent–child relationship
Iceland, The Netherlands, Norway, Sweden, and warmth and differential treatment reported
Spain (Bundeszentrale für Polititsche Bildung increases in depressive symptoms and decreases
(BZPB), 2013). in sibling warmth. Effects were moderated by
Research on the division of housework gender, age, birth order, and parent, with girls at
between same-sex couples is fairly new. In gen- older ages experiencing the most marked effects.
eral, the division of housework is more egalitarian Girls seemed to be more susceptible to subjec-
than in heterosexual couples (Goldberg, Smith, & tively perceived unfair treatment. Another longi-
Perry-Jenkins, 2012). Lesbian mothers share tudinal study (Campione-Barr, Greer, & Kruse,
household labor more equally than heterosexual 2013) found that violations of fairness and equal-
mothers and report a greater preference for an ity between siblings were associated with subse-
equal distribution (for reviews, see Coltrane & quent increases in depressive mood.
Shih, 2010; Goldberg, 2013). Lesbian couples In young adulthood, within-family stability in
tend to divide household labor quite equally. In parents’ differential treatment of siblings from
childcare, biological mothers tend to contribute adolescence onward revealed that the adolescent
more, but the majority of lesbian partners do not sibling who was closer to the parents went on to
perceive the biological mother to be the “primary” be the young-adult sibling who was closer to and
parent (Goldberg & Perry-Jenkins, 2007). received more material support from the parents.
Differential parental financial assistance of
young-adult siblings predicted worse sibling
18.3 Justice Among Kin: Siblings, relationship quality (Siennick, 2013).
Intergenerational Issues, In middle adulthood, justice evaluations have
and the Long Arm been found to mediate the effects of perceived
of Injustice parental differential treatment (recognition, nur-
turance, and demands for assuming filial respon-
Intergenerational justice has been conceptualized sibility) on the quality of relationships with
as a form of longitudinal generalized exchange, siblings and parents. Justice evaluations were
an open-ended generalized chain: “To understand even more powerful predictors of relationship
what constitutes a fair or just exchange particu- quality with parents than differential treatment
larly within families, we cannot just look at iso- by parents (Boll, Ferring, & Filipp, 2005). In
lated exchange relations” (Cook & Donnelly, later life, adult children’s perceptions that their
1996, p. 78). Consequently, studies focusing on fathers favored any siblings predicted reports of
18 Justice in the Couple and the Family 343

tension with their siblings, even more in daugh- After a marital breakup, injustice has also
ters than in sons. Perceptions of mothers’ favorit- been shown to impact the satisfaction of adoles-
ism did not predict such tensions (Gilligan, cents with the parenting arrangements of their
Suitor, Kim, & Pillemer, 2013). Finally, when divorced parents. Moreover, injustice plays a cru-
care was provided as a consequence of elderly cial role in the integration of first and second
mothers’ major health events, care and percep- families. In order to enable families to solve these
tions of favoritism regarding future caregiving justice issues, Miller (2014) proposed the estab-
were associated with sibling tension, with even lishment of a Child Support and Visitation
greater effects of caregiving on sibling tension Enforcement Office, which would use mediation
when perceptions of favoritism were also present to create and enforce all aspects of the child cus-
(Suitor, Gilligan, Johnson, & Pillemer, 2013). tody agreement. German law allows judges to
Finally, injustice in families has consequences mandate separated parents to work with a
beyond the family. Children’s reports of high mediator.
appraisals of procedural justice in family conflict Injustice among kin mostly concerns unequal
resolutions were associated with lower frequen- treatment of siblings and has been shown to harm
cies of bullying by the child at school (Brubacher, both parent–child relationships and sibling rela-
Fondacaro, Brank, Brown, & Miller, 2009). tionships. On the positive side, constructive con-
flict solution practices in families are transmitted
to other social contexts of children.
18.4 Conclusions Many potential justice issues remain to be
studied. For example, we do not know much
Injustice in its various forms, as violations of per- about cultural differences—whether forced mar-
sonal or legal norms of allocation, procedure, dis- riages, arranged marriages, or unequal dowry
tributional outcome, retribution, and restoration, distributions are perceived as just or unjust pro-
is a very powerful condition in close relationships cedural principles. We also do not know anything
and in the larger family context. If it cannot set about the potential benefits of injustice regard-
right or an individual does not psychologically ing long-term consequences and developmental
cope with a distortion, for example, by relative impacts (e.g., greater maturity). And finally we
deprivation weights or other coping mechanisms, do not know much about the potential benefits of
injustice can lead to dissatisfaction, health prob- the experience of justice in the family—be it in
lems, marital breakup, depression in the children the role of a child, a spouse, or a sibling, to name
of unjust parents, tension between parents and but a few questions for the future.
their children, and finally among siblings.
On the positive side, equal shares in house-
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Justice and Education
19
Nura Resh and Clara Sabbagh

Justice is a human construction, and it is doubtful that it can be made in only one way.
Walzer (1983, p. 5)

thought, we identify different classes of


19.1 Introduction resources and their underlying distribution prin-
cipleswithin this sphere. This is of importance
The just distribution by and within institutions of because educational settings, which clearly con-
scarce resources, including money, influence, stitute various arenas of resource distribution,
jobs, status, and in-kind benefits, has been the play a primary distributive role in assigning stu-
subject of a large body of literature across the dents to schools and, within schools, to tracks
social sciences.1 However, despite the important and ability groups, and because teachers distrib-
role of justice in formal educational settings, ute not only knowledge and grades, but also
such as schools, less systematic attention has attention, learning help, care, and respect. In so
been paid to the examination of such justice per- doing, they provide differential learning oppor-
ceptions and their attitudinal, emotional, and tunities and socialization experiences that affect
behavioral consequences among students and students’ motivation, academic achievements,
teachers (Deutsch, 1979; Sabbagh, Resh, Mor, & subsequent educational careers and, ultimately,
Vanhuysse, 2006). occupational positions and life chances (e.g.,
Walzer (1983), in his highly influential Bills & Wacker, 2003; Hurn, 1985; Oakes,
Spheres of Justice, stressed the importance of Gamoran, & Page, 1992).
examining education as a distinct distributive The question of who will receive what kind of
sphere, whereby various valued social resources educational resources, based on which principles,
are distributed according to distinct principles is therefore crucial to a wide range of factors that
or “distributive patterns.” Following this line of affect the socioeconomic welfare of citizens virtu-
ally across the life cycle (Connell, 1993). This
question is all the more important since the educa-
1
For empirical and theoretical overviews, see other chap- tional literature typically frames distributional
ters in this Handbook.
issues less in terms of justice than in terms of effec-
N. Resh tiveness, such as didactic fit, adjustment of learning
Hebrew University of Jerusalem, Jerusalem, Israel
pace, and academic achievement. Moreover, edu-
e-mail: nura.resh@mail.huji.ac.il
cational practices depend on resources—public
C. Sabbagh (*)
and/or private—allocated based on policy deci-
University of Haifa, Mount Carmel, Haifa
31905, Israel sions (national, local, etc.) regarding who ought to
e-mail: csabbagh@edu.haifa.ac.il get what and according to which principles.

© Springer Science+Business Media New York 2016 349


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_19
350 N. Resh and C. Sabbagh

In order to provide a comprehensive overview just one, based on the perceived justice principles
of educational settings as a “sphere of justice,” and rules, a sense of justice is likely to emerge,
the following thematic review will cover five which in turn may increase the subject’s satisfac-
educational distribution subspheres of justice. tion, efficacy, and commitment to others.
Moving from the macro- to micro-educational Conversely, when there is a gap between actual
spheres, we focus on the distribution of: (a) right and just patterns of distribution, individuals (or
to education, including resource allocation to groups) will sense injustice (Jasso, 1980), which
realize this right; (b) educational places (student may lead to feelings of anger, moral outrage and,
composition; selection to classes, tracks, ability- eventually, asocial behavior, alienation, and pro-
based learning groups); (c) pedagogy; (d) grad- test (e.g., Gurr, 1971). Thus, the (un)just distribu-
ing; and (e) teacher–student relations (help, tion of educational resources is likely to affect
respect, attention, care). students’ learning motivation and well-being
In reviewing the justice-related research that (Dalbert & Maes, 2002) and to shape their “social
has been accumulated on these subspheres, we maps” and worldviews regarding a just or unjust
are guided by three interrelated central questions society (Dar, Erhard, & Resh, 1998).
that have been posed in the study of justice (Jasso, Finally, the third central question in justice
1989). The first asks “What do individuals and research asks: “What are the behavioral and
collectivities think is just?” (Jasso, 1989, p. 354). social consequences of perceived injustice?”
In other words, it encompasses the identification (Jasso, 1989, p. 354). Namely, the focus is on the
of principles and their more specific rules that consequences of potential gaps between per-
“ought” to regulate the distribution of societal ceived justice and actual allocations in the daily
resources (“goods” and “bads”) to individuals or educational practices. In considering this ques-
groups. In the sphere of education, for example, tion, we also relate to antecedents of the sense of
one can ask about the justice principle (or combi- justice whenever they are revealed in empirical
nation of principles) that ought to guide resource studies.
allocation to schools or grade allocation by teach- This thematic review provides a synthesis and
ers. Justice research has identified three arche- systematic discussion of the empirical knowl-
typal justice principles and their correspondent, edge that has accumulated over the past few
more specific rules, which determine the “just” decades in somewhat scattered fashion across
values underlying the distribution of various several subdisciplines. We argue that everyday
kinds of resources in a given setting (Deutsch, educational practices in school can be framed in
1985; Leventhal, 1980): equality (to each accord- distributive terms that entail conceptions of jus-
ing to arithmetic equality, or equal opportuni- tice. As mentioned earlier, we review the litera-
ties); need (to each according to their needs); and ture related to the specific principles and rules
equity (to each according to their effort, contribu- that are perceived as just in the distribution of
tion, ability, and outcomes). these resources, the practices used in their actual
The second question in the study of justice allocation, and the antecedents and consequences
(Jasso, 1989) states: “What is the magnitude of of sense of justice/injustice about distribution in
the perceived injustice associated with given each of these subcategories. It should be noted,
departures from perfect justice?” (p. 354). This however, that this general three-layered structure
question assumes that people strive to get what is mainly analytical. In fact, in some educational
they (think they) deserve. Specifically, it states subspheres we could not apply it consistently due
that the magnitude of injustice is a function of to different constrains such as lack of relevance
people’s comparison of their actual rewards (e.g., (e.g., consequences with respect to the right of
income) with given principle(s) perceived as just. education) and the way that justice is being con-
When the actual pattern of distribution fits the ceived (e.g., socially just pedagogies).
19 Justice and Education 351

19.2 The Right to Education gin, socioeconomic or racial/ethnic origin, and


the individual’s educational outcomes (Coleman,
The education of younger generations expresses 1968; Howe, 1997; Schmidt, Cogan, &
society’s deepest search for continuity over time McKnight, 2011). This liberal egalitarian ideal of
(Hurn, 1985; Walzer, 1983). The institutionaliza- education has been differentially implemented
tion of formal education and its transformation to across social and historical contexts (Vanhuysse
a citizen right and communal obligation has been & Sabbagh, 2004). It is worth noting that even
historically embedded in the development of the the seemingly simple definition of “equal access”
modern nation-state. Once the economic infra- has undergone a number of changes over time,
structure had developed outside the family, chil- extended to the secondary level and widened in
dren’s training was turned over to the public scope to include various groups that were not pre-
educational system (Coleman, 1968). This sys- viously part of “education for all,” such as women
tem, consolidated in the nineteenth century, was in higher education, children of various races,
based upon distinctly liberal and egalitarian ide- noncitizens, the handicapped, and individuals
als (Rawls, 1971). with special needs (Hallinan, 1992).
Public “education for all,” carried out by With regard to resource allocation to schools,
teachers in schools, requires resources: physical the interpretation of EEO has undergone radical
(buildings, equipment, and teaching materials) revisions that reflect changing perceptions of
and human (teachers, administrators, and other what constitutes “equal opportunity”—from the
school staff). These resources are provided to classic liberal and more simplistic idea of equal-
schools, their direct recipients, and transformed ity of input to a focus on equal output. The former
to qualities of education, such as more or less suggests that equality is the principle of resource
professional teachers, richer or poorer equip- distribution, while the latter emphasizes the dif-
ment, or physical environment. Via these quali- ferential starting point of students and the need to
ties the students become the central recipients of “compensate” weaker-disadvantaged social
the allocated resources. groups for past and current unjust discrimination,
in order to provide a “real” equal opportunity for
equal outcomes (Coleman, 1968; Kellough,
19.2.1 Just Distribution of Access 2005).
and Resource Allocation This latter interpretation, based on the need
principle, is reflected in the implementation of
Guided by the overarching ethos of Equality of affirmative action policy, that is, the allocation of
Educational Opportunity (EEO), these ideals extra resources to disadvantaged populations
held that the right to an education ought to be with the aim of achieving greater equality of aca-
equally granted to all children, regardless of their demic outcomes (e.g., Blanchard & Crosby,
family origin or other inborn attributes, like 1989; Kellough, 2005; Walton, Spencer, &
nationality, ethnicity, socioeconomic status, reli- Erman, 2013).2 Policies of affirmative action
gion, and gender. The EEO ethos reflects the have been adopted by many national systems
strong belief that the “common school” will serve
as “the great equalizer”: because of schooling, 2
Both educational equal opportunity and the policy of
ability and effort will triumph over initial differ- affirmative action (also termed “positive discrimination”)
have been the focus of academic, public, and political dis-
ential circumstances. Students willing to work
cussions of pros and cons. These debates are accompanied
hard and take advantage of the “equal opportu- by an abundance of publications and, in some cases, have
nity” will have the chance to succeed and fulfill become a judicial issue related to questions of discrimina-
their academic potential. Thus, equality of access tion and deprivation not only in education, but also in
other areas of life, especially the occupational sphere.
to education and equity in the learning process
Here, we very generally outline these notions and their
within the school will eventually eliminate, or at implementation in the just distribution of resources to
least reduce, the relationship between student ori- schools.
352 N. Resh and C. Sabbagh

(also in other spheres of life) and have given rise tion, ability groupings, streaming, or any other
to abundant intervention programs targeted at mechanism of differentiation (see below the sec-
entitled disadvantaged groups (Kellough, 2005; tion on “places of education”). This core curricu-
Sowell, 2004). These policies have also raised lum is aimed at preparing students to become
questions about implementation, such as: Who is democratic citizens, participating in “collective
defined as the individual or group entitled to the decision making on major issues in which all citi-
benefits? How can we ensure the distribution of zens have, in principle, an equal voice” (Connell,
benefits reaches those who are entitled to it 1993, p. 45). In sum, like the shift from equal
equally? input in resource allocation to unequal input
Concomitantly, reflecting unease with the (affirmative action), Connell’s theory of “curricu-
simplistic interpretation of equal opportunity, an lar justice” usefully broadens the notion of equal
elaborate discourse has developed around the access by emphasizing “difference” as a condi-
interpretation of “equal access.” Connell (1993) tion to achieve social justice (see also McDonough
argues that it should be conceived not only as the & Feinberg, 2003).
right to school participation per se, but also as the
assurance of meaningful participation, including
attention to appropriate curricula: 19.2.2 Actual Distribution of Access
Justice cannot be achieved by distributing the same and Resource Allocation
amount of a standard good to children of all social
classes. Education is a process operating through As mentioned, the universal trend of greater
relationships, which cannot be neutralized or oblit- equality in educational access is reflected in full
erated to allow equal distribution of the social good
at their core. That “good” means different things to participation of the nations’ young at the differ-
ruling-class and working-class children, and will ent levels of schooling (elementary and second-
do different things for them (or to them) (Connell, ary) and a more inclusive participation of groups
1993, p. 19). that were not previously entitled. While access to
higher education is mostly regulated by the equity
In this understanding, liberal-egalitarian theo- principle (selective access based on meritocratic
ries of justice provide only a partial answer to the characteristics), the policy of affirmative action
distribution of the right to education. Instead, (open access to discriminated groups) has also
Connell (1993) proposes a notion of “curricular been implemented in some countries at times
justice” based in part on Rawls’ (1971) classic (e.g., the U.S.). However, if just distribution of
argument that the distribution of socioeconomic access is to be interpreted according to Connell’s
resources should maximize the benefits of soci- “curricular justice” meaning, the widespread
ety’s least advantaged groups. Connell claims practice of tracking and ability grouping seems to
that since the hegemonic curriculum in education run counter to the call to refrain from mecha-
is often based on the interests of the advantaged, nisms of selective differentiation within school.
true justice demands a counter-hegemonic cur- We touch upon this issue in the next section on
riculum that advances the interests of the less the actual distribution of learning places.
advantaged. Schools should therefore embody What do we know about the actual distribu-
compensatory educational programs, multicul- tion of school resources? In his much-cited
tural inclusion, special programs for girls, and so investigation, known as the Coleman Report,
on. These counter-hegemonic programs must Coleman et al. (1966), found, to the surprise of
also guarantee that all students have access to many, that material investment (buildings and
conventional scientific methods and findings. educational equipment, like libraries, laborato-
Accordingly, a second principle of “participa- ries, and sport’s equipment) did not vary signifi-
tion and common schooling” should emphasize cantly between schools (across the U.S.).
the provision of basic skills and knowledge by However, this is a somewhat limited definition
means of a common curriculum, ruling out selec- of school resources, which also encompass a
19 Justice and Education 353

wide range of inputs beyond buildings and over, which increases the rate of out-of-field
equipment, such as curriculum, learning materi- and less experienced teachers in the school
als, informal enrichment, class size (or teacher– (Darling-Hammond, 2004; Ingersol, 2005).
student ratio), and quality of teachers and other In sum, EEO, initially perceived as entitle-
school staff. In general, there is much evidence ment to equal access to education and equal
that the more affluent (socioeconomically and resource inputs to schools, has attracted great
ethnically), who usually also live in more afflu- public and academic attention. The more sophis-
ent districts and communities, are getting a ticated perception of meaningful equal access
greater share of school resources of various and equality in resource distribution, that has
kinds (e.g., Betts, Reuben, & Danenberg, 2000; since evolved, reflects a shift to a focus on the
Gamoran & Long, 2007; Kozol, 1991; right (just) access and resource distribution that
Raudenbush, Fotiu, & Cheong, 1998; Schmidt ought to be practiced so as to ensure equal oppor-
et al., 2011). This disparity in resource allocation tunity for outcomes to discriminated against (in
is exacerbated by the implementation of “free the past and present) social groups, which should
market” policies like school choice and privati- be compensated through affirmative action poli-
zation of resource contribution, where the stron- cies. The actual distribution of opportunities
ger social groups usually win the competition seems to meet the expectation of equal access to
(e.g., Gamoran & Long, 2007; Witte, 2000). school in its straightforward interpretation, but
The teaching staff, or rather the “quality of not the perceived just expectation of both access
teachers,” is probably the most significant of to resources.
the various school resources that affect stu-
dents’ educational outcomes. Thus, in examin-
ing the actual distribution of school resources, 19.3 Allocation of Learning Places
we focus on teachers as a distributed “good.”
Despite lack of consensus as to the definition of In principle, “right to education,” the provision of
a “qualified teacher,” there is empirical support equal (or unequal) access to school, and “alloca-
for the connection between teachers’ qualifica- tion of learning places,” have a common feature:
tions (teaching ability and academic knowl- the determination whether and where will a child
edge, subject matter expertise, teaching receive the educational “goods.” However, the
certificate, experience, pedagogy, and the like) first—access to schooling—is usually a central
and their students’ learning and academic prog- policy decision. The second, allocation of learn-
ress, self-image, motivation, and attitudes ing places, although dependent on the system’s
(Darling-Hammond, 2000, 2004; Hanushek, policy, is much more an autonomous (for districts
Kain, & Rivkin, 2004; Ingersol, 2005; and individual school decision) type of distribu-
Raudenbush, Fotiu, & Cheong, 1999). Thus, tion, that is carried out within schools by princi-
one would expect teacher quality to be equally pals, counselors, and/or teachers (see the notion
distributed in schools in various districts and of “local justice” by Elster, 1992).
communities across the educational system. In The structural organization of learning,
this regard, abundant empirical evidence about whereby students are assigned to different insti-
the actual distribution of teachers in schools tutions, tracks, or ability groups, regulates the
shows clearly that even the modest just princi- distribution of learning opportunities, that is,
ple of equal distribution is not applied in real- access to knowledge, the amount and content of
ity. Rather, students of low-SES and lower-track intended curriculum presented to students, the
classes have a much greater chance of being expected credentials, and other contextual class-
taught by less qualified teachers. Moreover, room factors resulting from their differential stu-
schools in disadvantaged areas are more likely dent compositions and the often accompanying
to have a higher concentration of underquali- differentiation in quality of allocated teachers
fied teachers and to suffer greater teacher turn- (Cohen, 2000, p. 266). It is worth noting that,
354 N. Resh and C. Sabbagh

since the number of learning places in any kind event, deviation from meritocratic considerations
of learning group is limited and indivisible, the that benefit students from strong backgrounds on
distribution of learning places takes place under the basis of their ascriptive characteristics, such
conditions of competition. When applicants out- as gender, socioeconomic status, race, and ethnic
number the vacancies in a school or higher edu- origin, is usually considered unfair.
cation institution, “tragic choices” must be made Even though the allocation of learning places
(Calabresi & Bobbit, 1978) which are tempered, is guided by the above considerations of merito-
as shown below, by principles of justice. cratic justice, there is some cultural variation
The structural organization of learning, imple- across types of educational institutions and coun-
mented at various transition points in the school- tries when considering the “just” distribution rule
ing process, is of crucial importance to students (Reisel, 2011). For example, while selection in
because it implies the acquisition of differential U.S. primary and secondary education (tracks
societal credentials, which are then converted and within-class ability groups) stresses ability
into valuable assets in the labor market (Reisel, (i.e., standardized test scores and IQ scores),
2011). From society’s point of view, this practice which is a highly differentiating rule, the Japanese
is justified as a functional means of increasing educational system emphasizes less differentiat-
societal efficiency by means of proper selection ing rules, such as students’ effort and hard work
and regulation of societal resources (Ansalone, (Ansalone, 2004; Sabbagh, 2003).
2004; Hurn, 1985). From a pedagogical point of
view, the structural organization of learning is
said to increase academic achievement, as it 19.3.2 The Actual Distribution
ensures didactic fit in the teaching–learning pro- of Learning Places
cess, matching level, pace and method of teach-
ing to students’ ability, and caters to students’ To what extent do these ideals of justice fit the
needs and interests by adjusting their content of actual distribution of learning places? Divergence
learning (Hallinan, 1992). in this respect is likely to be indicative of injustice
(i.e., the second question in justice research). Most
studies that have examined actual distribution of
19.3.1 The Just Distribution learning places agree that meritocratic justice rules,
of Learning Places such as academic achievement and ability, are most
salient in determining assignment to schools and to
The distribution of learning places, which has higher education. Some studies support the claim
short and long implications for students, also of “just” placement based on ability and achieve-
involves a frame of justice that specifies the dis- ment alone (Alexander & Cook, 1982; Murphy &
tribution principles and rules that ought to guide Hallinger, 1989).
a just educational selective process (i.e., the first However, it has also been suggested that,
question in justice research). They answer such beyond meritocratic considerations, girls have a
questions as: How should students be assigned to better chance than boys of being placed in higher
ability groups and tracks, and to university ability grouping (Jones, Vanfossen, & Ensminger,
departments? 1995) and in the more promising academic tracks
While the call for greater inclusiveness in in high school (Resh, 1998), although this trend
schools and universities rests on the principle of varies across nations (Ayalon, 1995) and is
equality, selection and admission practices are dependent upon the disposition of girls to display
commonly conceived as guided by the rules of an incentive to attain college credentials (Reisel,
meritocracy, that is, equity-based interpretations 2011). Moreover, students of affluent background
of equal opportunity, which justify inequality on and hegemonic race or ethnic origin have a better
the basis of effort, academic achievement, and chance of being placed in higher or more presti-
ability (Arrow, Bowles, & Durlauf, 2000). In any gious learning groups (e.g., Gamoran, 1992;
19 Justice and Education 355

Schuman, 2001; Vanfossen, Jones, & Spade, sion criteria (as reflected in the decisions of
1987). It is worth noting that, even when objec- admission officers) in highly selective private
tive barriers are reduced, this type of inequality is research universities, examined the contextual
augmented by the choice of students from disad- role of school effects, such as the academic qual-
vantaged sectors not to pursue further education ity of schools and their student bodies, in predict-
(Reisel, 2011). ing admission to elite colleges. Based on social
A few words are in order about the central fig- comparison and relative deprivation theories, the
ures (i.e., counselors and admission officers) who authors bring empirical support of a “frog pond”
serve as “gatekeepers” of the educational stratifi- hypothesis, whereby the chances of being
cation system, whereby decisions about students’ accepted to an elite college are greater if a student
placement in ability groups, classes, and tracks, is strongest in a less prestigious high school, as
as well as university admissions, are determined opposed to an average student in an outstanding
(Cicourel & Kitsuse, 1963; Yogev & Roditi, high school (measured by high school class
1987). In their study of the rules that affect coun- ranks) (see also Marsh & Hau, 2003). At the
selors’ considerations when they assign students same time, and similar to Conley’s findings, they
to junior high schools, Yogev and Roditi (1987) show that meritocratic attributes of individual
found that meritocratic considerations were less students (e.g., standardized GPAs, SAT scores,
determinant for disadvantaged than affluent stu- and various Advanced Placement (AP) examina-
dents, and that there was a direct effect of stu- tions) are the strongest predictors of college
dents’ ethnic characteristics on school assignment admission. Affirmative action also appears to be
in the case of disadvantaged students. Similarly, applied to some degree, and nonacademic criteria
Resh and Erhard (2002) found that school coun- still play a role in selection: admission was pre-
selors are more likely to convey “cooling-out” dicted by being a woman, black, or Hispanic (the
messages to lower class and “weak” students.3 “need” principle), while there was also preferen-
At the university level, selection is usually tial treatment of private school graduates, ath-
carried out by mechanistic and/or discretionary letes, and children of alumni.
procedures. That is, admissions are determined
automatically by standardized criteria (quantita-
tive data in the form of ability test or governmen- 19.3.3 Distributional Consequences
tal exit exams at the end of high school) and/or by of the Structural Organization
discretionary procedures focusing on qualitative of Learning
criteria, such as interviews, evaluation of essays,
and recommendations. We now focus on the consequences of the distri-
In a study of self-reported beliefs by admis- bution of learning, that is, the extent to which
sion officers at high-prestige private universities organizational and curricular differentiation,
in the U.S. about the allocation of study places, through a better didactic fit, contributes to equal-
Conley (1996) found that while meritocratic cri- ity of outcomes (i.e., academic achievement) and
teria had a large influence on admission deci- to a just distribution of further educational (and
sions, officers were also “biased” in that they occupational) chances. The didactic fit argument
preferred candidates from disadvantaged groups, that usually justifies tracking and ability group-
such as women, blacks, and Hispanics, perhaps ing is countered by those who argue that such
the result of political pressures in favor of affir- practices differentiate socio-learning environ-
mative action. A later study by Espenshade, Hale, ments (Dar & Resh, 1997) and curriculum (Oakes
and Chung (2005), which also focused on admis- et al., 1992), affecting students’ opportunities to
learn and their future prospects (Dougherty,
3
“Cooling out” messages are among the functions of hid- 1996).
den curriculum, where unpromising students’ high expec- Abundant research on the scholastic and affec-
tations are discouraged and geared toward more realistic
alternatives in their educational career trajectory (see,
tive impact of ability grouping and tracking often
Clark, 1960). indicates opposite effects to those expected.
356 N. Resh and C. Sabbagh

Learning in a “high level” group or track has an 19.4 Pedagogical Practices


independent positive effect on students’ aca-
demic outcomes, academic image, and educa- Pedagogical practices, the interrelated aspects of
tional aspirations, while placement in a “low teaching and learning, can be generally defined
level” group or track almost consistently yields a as the ways in which teachers choose to encour-
negative effect (e.g., Oakes et al., 1992; Slavin, age learning, that is, to promote knowledge
1990). Moreover, research has indicated that cur- acquisition and intellectual and personal devel-
ricular differentiation benefits students from opment, as the basic preconditions for future
advantaged backgrounds but lowers the motiva- successful performance in society (Parsons,
tion and intellectual stimulation of disadvantaged 1959b). Since pedagogical practices affect stu-
students (Cohen, 2000; Dar & Resh, 1997). Note dents’ opportunities to learn, questions arise as
that although tracking is pervasive in the educa- to their just distribution (Dougherty, 1996).
tional structure of many countries, evidence fails The justice of pedagogical practices has been
to support the claim that it furthers academic conceptualized in terms of two distinct though
achievement (Gamoran & Long, 2006). Rather, coexisting facets. One identifies the kind of
tracking and ability grouping are often perceived distribution rules that should be (or actually are)
as mechanisms for perpetuating social and cul- applied in pedagogical practices and whether
tural inequality because, through exposure to dif- these practices are perceived as just (i.e., the first
ferent types of curricula, they in fact imply basic question of justice research). This facet,
segregation along lines of class, ethnicity, and which has received relatively little scholarly
gender (Cohen, 2000). attention, deals with the (just) normative design
In other words, the distribution practices of pedagogical practices and their implementa-
embedded in the structural organization of learn- tion. The second facet, which has been the focus
ing contribute to a widening rather than a narrow- of more recent research, specifies the extent to
ing of educational gaps, contrary to standard which pedagogical practices promote social jus-
“equal opportunity” claims. The evidence on the tice—the extent that these practices bring about
effect of ascriptive factors, such as socioeconomic societal conditions that can be considered just
status, race, and gender, on the process of selec- (i.e., the third basic question of justice research).
tion and placement in schools and classes (tracks Even though the discussion on this second facet
and ability groups), combined with the depressing diverges to some extent from the general three-
academic effect of being placed in a low group or layered structure of our chapter (i.e., just distri-
track, suggests that the practice of curricular and bution rules, actual practices, and consequences),
organizational differentiation does not enhance we include it in this chapter’s review because it
“equal opportunity-to-learn” conditions. has been very predominant in the educational
In sum, the just allocation of learning places is discourse of justice in education.
meant to further an egalitarian notion of justice,
whereby “any given disadvantaged groups has
progressed in accessing a hitherto inaccessible 19.4.1 Just Pedagogical Practices
educational good” (Lynch, 2000, p. 93). Put dif-
ferently, it is meant to alter the nature of the rela- The work by Thorkildsen (1989a, 1989b) stands
tionship between social origins and educational out in its attempt to identify classroom practices
achievement (Breen, Luijkx, Mueller, & Pollak, and their underlying distribution rules, as well as
2009; Shavit, 1993). However, as shown here, the the extent to which these practices are perceived
actual allocation of learning places often diverges as just and guide actual classroom learning. In
from these justice ideals, reproducing (unjust) her pioneering study, Thorkildsen (1989a) exam-
existent inequality structures. ined students’ perceptions of justice with regard
19 Justice and Education 357

to five classroom practices frequently used by this sort of educational practice reflects “not sim-
teachers in heterogeneous classrooms: “accelera- ply the ability of people to learn, the utility of
tion”—each student progresses at his/her own obtaining an education, but locating learning and
rate, based on capability (i.e., fits the equity rule); its outcomes in a structure of justice that extends
“fast worker sit and wait”—fast learners do not to life within complex societies” (Budd, 2013,
advance until slow learners have finished the task p. 18). In this understanding, teachers are per-
(fits the equality rule); “peer-tutoring”—after fast ceived as playing an active role in promoting
learners finish a given task, they help slow learn- social justice by allowing both educational
ers (fits both equality and need rules); “enrich- opportunity and a “transformative educational
ment”—after fast learners finish their task, they policy” that involves “equally inspiring, enlight-
enrich themselves through other activities (fits ening, liberating and knowledge producing for
equity rules, though this is more egalitarian than students from disadvantaged background as it is
acceleration); and “all move on, slow ones never for those who are more privileged” (Lupton &
finish”—fast learners advance with no regard for Hempel-Jorgensen, 2012, p. 602).
slow ones (fits a Machiavellian rule). She found “Critical pedagogy” and the seminal work of
that slow and fast learners alike, across age Freire (1970) can be regarded as one of the most
groups, believed the practice of “peer-tutoring” influential educational practices that has
to be the most just and “all move on, slow ones attempted to teach social justice. This pedagogy,
never finish” to be the least just (see also which has inspired many scholars in education
Thorkildsen, 1993). (e.g., Giroux, 1988; McLaren, 1989), challenges
existent societal structures of oppression (e.g.,
Actual Pedagogies race, ethnic origin) and instead envisions a soci-
When asked to state what practices their teachers ety based on egalitarian humane democratic val-
actually use at school, most students claimed the ues. In order to achieve this goal, classroom
practice of “enrichment” to be most frequent, hierarchies are broken down (Lawson, Boyask, &
which points to a possible source of sense of Waite, 2013), and both students and teachers are
injustice in schools. Interestingly, students in placed in agency positions which are meant to
upper grades favored the practice of “accelera- affect change. Specifically, rather than delivering
tion” (which fits equity rules) more strongly that a body of knowledge to a group of passive stu-
those in lower grades (Thorkildsen, 1989a, dents, the teachers’ role is to empower them
1989b). To the best our knowledge, the study of through considering their experiences and devel-
consequences of these pedagogies is oping an awareness of social problems that char-
nonexistent. acterize the social historical and political reality
in which they live. In this understanding, respon-
sibility for social inequalities is attributed to the
19.4.2 Socially Just Pedagogies very basic structure of society, rather than to dif-
ference (i.e., multicultural diversity), or to indi-
The studies presented earlier mainly emphasize vidual attributes and prejudice (e.g., laziness).
the distributional aspects of classroom practices. Later, Newmann, Marks, and Gamoran (1996)
Recent research, however, points to a variety of and Newmann and Wehlage (1993) developed
socially just pedagogies—known also as “critical the notion of “authentic pedagogy” in the United
pedagogy,” “authentic pedagogy,” “productive States (for an application to the Netherlands, see
pedagogy,” “creative pedagogy,” and “transfor- Roelofs & Terwel, 1999). This multifaceted con-
mative pedagogy”—which are meant to promote struct specifies three main criteria for teaching
social justice, and, at the same time, effectively and evaluation practices: “construction of knowl-
advance learning, especially among disadvan- edge,” that is, students’ capacity to analyze and
taged students. As suggested earlier, the aim of interpret knowledge rather than simply reproduce
358 N. Resh and C. Sabbagh

it; “disciplined inquiry,” where students are asked 1996) involve the teacher’s tendency to strongly
to investigate and understand in depth the topics control what is taught, with students expected to
at hand, using elaborated communication; and respond in a prescribed way and according to
“values knowledge beyond school,” whereby stu- external systems of reward and punishment
dents are required to make connections between (Lupton & Hempel-Jorgensen, 2012).
substantive knowledge and public problems or Second, in sharp contrast to these pressures,
their personal experiences. socially just pedagogies advocate empowerment
“Productive pedagogies”—a related model of teachers and students alike by granting all a
developed by Gore (2001), Ladwig (1998), and high degree of agency and autonomy. It is worth
by Lingard, Hayes, and Mills (2003) in the frame- noting, however, that the element of autonomy is
work of a school reform in Queensland, not exclusive to this type of pedagogy (see, e.g.,
Australia—builds upon authentic pedagogy the “competence mode” by Bernstein 1996;
research, extending considerations to social and Lupton & Hempel-Jorgensen, 2012). What
intellectual outcomes of schooling. This model makes it unique is that in socially just pedago-
includes two additional criteria which emphasize gies, the autonomy afforded to teachers and stu-
the furthering of social outcomes (e.g., active dents allows them to become activists and
citizenship and justice), especially among stu- advocates of social justice (Cochran-Smith,
dents from traditionally underachieving back- 2004; Zeichner, 2009). Specifically, students—
grounds (Lingard et al., 2003). One criterion is especially those of deprived backgrounds—are
“socially supportive” classroom environments, in conceived as capable of undergoing a transfor-
which students are able to influence activities and mation in terms of learning through “problema-
to self-regulate their behavior. The other is “rec- tising, questioning and rethinking” (Lawson
ognition of difference,” which is of special et al., 2013, p. 107) and through engaging in vol-
importance to issues of justice, as it explicitly untary activities. Moreover, teachers are expected
strives to include and reinforce the identity of to apply their expertise and ability rather than
nondominant groups, such as people of color, being handled by external constraints and
women, and homosexuals. resources (Lupton & Hempel-Jorgensen, 2012).
In sum, the socially just pedagogies presented One means of achieving this has been to create
earlier focus on the social outcomes of educa- common informal social networks of teachers in
tional practices, whereby different forms of which they support each other and share ideas
social justice are promoted, such as the recogni- around social justice (Ritchie, 2012).
tion of “difference,” defined along religious, cul- Finally, socially just pedagogies stress the fur-
tural, and socioeconomic lines (Bhopal, 2012; thering of communal relationships between stu-
Connell, 1993; Lawson et al., 2013); the empow- dents and teachers on the basis of trust. That is, in
erment of socially weak groups (Freire, 1970); addition to developing an intellectual culture in
overcoming discrimination of social, religious the classroom, teachers are expected to create a
groups (e.g., Bhopal, 2012); and the general fur- relation with students in their own environment,
thering of equality in the wider society. outside of schools (Lingard et al., 2003). This is
Notwithstanding the variety of their aims, attained by engaging marginalized students in
socially just pedagogies share a number of attri- schooling, thereby contributing to more equal
butes. First, they all encompass a critical view of outcomes from formal education, as well as by
normative schooling and the societal arrange- implementing democratic and inclusive pedago-
ments that support it. Specifically, they contend gies (Floriana & Black-Hawkinsb, 2011).
that, rather than furthering students’ agency
toward social change, normative schooling “Actual” Socially Just Pedagogies
adopts an instrumental and technical approach to and Their Consequences
learning that hinders such agency (Ritchie, 2012). Drawing on this general vision of the socially just
These “performative mode” pressures (Bernstein, pedagogies, Cammarota and Romero (2010)
19 Justice and Education 359

examined a recent socially just pedagogy labeled affecting their self-image and motivation, as well
the Social Justice Education Project (SJEP). This as their parents’ expectations; and they may also
project developed a scheme of participatory affect the student’s social status and popularity in
action research (PAR) for “oppressed” Latino class. Grading practices also have a latent func-
high school students, which is meant to invoke tion, inculcating important values and norms of
“critical reflection and action.” This is achieved behavior that prevail in the wider society
by generating poetry themes about everyday (Deutsch, 1979; Dreeben, 1968).
social, cultural, and learning practices in stu-
dents’ lives (e.g., immigration policies and dis-
crimination against Latinos), and then examining 19.5.1 The Just Distribution
these themes through ethnographic research of Grades
methodology (e.g., observation, video documen-
tation, photography, interviews) with the aim of By definition, grades are allocated differentially
using this knowledge to assess and address their and their distribution is mainly guided by rules
injustice experiences. That is, PAR is meant to of meritocracy (rules that stress personal
provide students with the opportunity to, first, achievement), rather than by ascription (in-born
develop a critical analysis of the socioeconomic characteristics, such as gender or race) or par-
problems (conditions) characterizing their own ticularistic rules (personal relations with the
families and communities and, then, initiate teacher, kinship ties, and the like) (Hurn, 1985;
social change that leads to greater “social jus- Parsons, 1959a). However, when considering
tice”—which, in this context, means “achieving how grades should be allocated, teachers and
an egalitarian world with safe, vibrant neighbor- students alike tend to combine, in some weighted
hoods, that support healthy, positive young iden- fashion, various equitarian considerations, such
tities” (Cammarota & Romero, 2010, p. 490). as talent, actual performance (success in tests),
Thus, students are conceived as agents of social invested effort and class learning behavior, as
change and social justice, stakeholders who are well as the principle of need (students’ need of
empowered to affect educational policies and encouragement) (Nisan, 1985; Resh, 2009).
practices that lead to social justice. When high school teachers in Israel were asked
to assign weight to each of the above five factors,
very few concentrated on one or two consider-
19.5 Grading ations only. On the average, they suggested that
performance (success in tests) should receive
Evaluating student performance is an integral and about 60 % of the weight in the final grade, while
central part of the teaching–learning process. The effort and class learning behavior should receive
most salient method of evaluation in schools is about 19 % and 6 %, respectively (Resh, 2009).
standardized grading within classrooms, placing A comparison of the perspectives of high
students on a hierarchical scale according to their school students and their teachers showed that,
academic success. while the basic trend is similar, students assign
Grades have manifold instrumental and psy- lower weight to performance (about 50 %), about
chosocial effects (Deutsch, 1979; Jasso & Resh, the same weight to effort (19 %) and greater
2002; Nisan, 1985), and are thus considered a weight to class learning behavior (14 %) (Resh,
highly valued, wanted reward (Green, Johnson, 2009). Berti, Molinari, and Speltini (2010) who
Kim, & Pope, 2007). They serve as “gatekeep- compared teachers’ and students’ ideas on the
ers,” providing or withholding access to classes, just distribution of resources (including grades),
ability groups, and tracks (Resh, 1998), and they found that students, especially girls, emphasized
serve as a shortcut signal of human capital to the equality principle, while teachers were more
employers, thus affecting earnings (Miller, 1998). inclined to favor differentiating principles (effort
They provide feedback about students’ worth, and need).
360 N. Resh and C. Sabbagh

Teachers’ grade distributions may not be 19.5.2 The Actual Distribution


applied universally, but rather may vary under of Grades and Sense of
different conditions, related to the student’s (In)justice
capacity or the subject matter. For example,
Resh (2009) found that about half of the high Evidence on actual grades usually comes from
school teachers thought that the grading of student responses. There are virtually systematic
“weak” and “strong” students should be differ- findings of a gender effect: girls get better grades
entiated, ascribing greater weight to effort and than boys, and the latter expectedly feel more
need when grading the “weak” ones (see also deprived (e.g., Dalbert & Maes, 2002; Jasso &
Resh, 2010). Moreover, science teachers seem Resh, 2002; Resh & Dalbert, 2007, in the U.S.,
less performance driven than their math teach- Israel, and Germany). On the whole, a sizeable
ers’ colleagues; they gave greater weight to portion of students seem to experience injustice in
effort and need in grade allocation, and this ten- reward distribution in schools, both in grade allo-
dency was accentuated when grading (differen- cations and in teacher–student relations (see
tially) the weaker students (Resh, 2009). This below), suggesting that schools are a meaningful
difference between disciplines has been source of injustice experiences for students. The
explained by teachers’ perception of their sub- few studies that have examined the possibility of
ject matter as open/flexible vs. closed/hierarchi- sense of injustice in grades being related to SES
cal (Biberman-Shalev, Sabbagh, Resh, & or ethnic origin found it to be about equally spread
Kramarski, 2011), the tendency to use progres- among students from each social/ethnic back-
sive or conservative pedagogies, and teacher’s ground (Gogard, 2012; Resh & Dalbert, 2007).
self-efficacy. Finally, grading practices may vary
across sociocultural contexts. A study of Israeli
junior high school students (Sabbagh, Faher- 19.5.3 Consequences
Aladeen, & Resh, 2004) found that Jewish stu-
dents who live in a market-driven context Although discussion about the significance of
characterized by individual and competitive rela- sense of justice in school, in general, and about
tions ascribe more importance to meritocratic grades, in particular, emphasizes its expected
rules. In contrast, Druze students, who live in short- and long-term effects on outcomes, only
relatively homogenous, more traditional com- recently do we find studies which specifically
munities based on ascriptive status and solidarity investigate this issue. Some of these combine
relations, have a greater tendency to believe sense of justice about grades with sense of justice
grading should be guided by particularistic or about teachers’ treatment in the same measure.
ascriptive types of rules. Berti et al. (2010) suggest that perceived (in)jus-
In a somewhat different fashion, Dalbert, tice in school affects identification with the
Schneidewind, and Saalbach (2007) looked at school and class and dialog with teachers. Peter
three types of evaluation—criterion reference and Dalbert (2010) found the BJW (Belief in a
(grading by universal academic standards), Just World) effect on perceived school climate to
norm reference (grading in comparison to be mediated by justice experiences with teachers
classmates), and personal (grading a student’s (including experience in grading). Gorard’s
own progress, in comparison to self). They (2012) international study revealed justice expe-
found that students, regardless of SES group or riences to be the strongest variable affecting per-
grade level (age), perceived criterion reference ception of the school as a fair place, trust in
as the most just method and norm reference as teachers and in people in general, and a readiness
the least. to support special attention and help for weaker
19 Justice and Education 361

students. Recent research on sense of justice and dents), but less justifiable to give them more
civic socialization suggests that sense of justice attention, which they think ought to be distrib-
about grades affects democratic attitudes (espe- uted more equally—or even according to the
cially with regard to human rights) (Resh & need principle, that is, offer more of it to weaker
Sabbagh, 2014a), sense of belonging to school students. An international study that compared
(Resh & Sabbagh, 2013), and behavior at school sense of fairness in school in 14 countries found
(dishonesty and violence) (Resh & Sabbagh, students’ perceptions of a just distribution of
2014b). these rewards to be quite similar across countries:
differential allocation of grades and punishments
(equity principle) and equality in the distribution
19.6 Teacher–Student Relations of respect and other relational rewards (Gogard,
2012).
In the process of teaching–learning, teachers dis- Thorkildsen, Nolen, and Fournier (1994)
tribute a wide range of relational rewards to their examined students’ fairness perceptions of the
students, including attention, help in response to practices teachers use to enhance learning moti-
students’ needs, reactions to nonroutine events vation. Most respondents, aged 7–12, perceived
(distractions, class fights), encouragement (or motivation practices that stress praise for excel-
disapproval), respect and affection.4 Just as teach- lent performance as unfair, because they harm
ers have the authority to define standards of those who are not praised and provide them with
learning demands and bestow grades in accor- no direction for future learning. The practices
dance with students’ academic achievements, considered the most fair were those that foster
they also define appropriate class-behavior motivation among all students, by reinforcing
norms, and they have the authority to set up posi- tasks that are well done and by encouraging “fast
tive and negative relational rewards (or sanctions) learners” to attack more challenging problems
accordingly (Weiner, 2003). and “slow learners” to try out new ideas on how
they can improve. Different types of distribution
rules underlie these two practices: the former is
19.6.1 Just Teachers–Students guided by a rule of equity (i.e., reward according
Relation to achievement), while the latter is guided by an
egalitarian rule of justice. With respect to motiva-
The appropriate norms that underlie the distribu- tion practices, students thus seem to prefer a
tion of these goods (attention, help, respect, more egalitarian distribution. Exploring sense of
affection) are not unequivocal (see Jencks, 1988). justice and definitions of entitlement in various
For example, teachers (and probably students) domains of school life in Israeli junior high
may find it justifiable to assign high grades to the schools, Dar and Resh (2001) also found students
most talented or successful students (equity) (or to be more egalitarian in the relational domain
more severe punishment to the more violent stu- (teacher–student relations, peer relations) than in
the academic domain.
4
These relational rewards are defined by some researchers A study by Bear and Fink (1991) examined
as an “interpersonal aspect of procedures,” suggesting fifth and eighth graders’ perceptions of the fair-
that this may be a specific domain of procedural justice— ness of disciplinary practices (such as suspen-
see Vermunt and Steensma, 2016, Chap. 12 of this hand-
sion) imposed by teachers on students who have
book. In the context of schooling, we tend to perceive it as
a category of rewards allocated mainly by teachers (but been disturbing the class or who were involved in
also by peers) in the teaching–learning process. Whatever a fight. They assumed that fighting is the more
the definition, there is agreement that students (or teach- severe offense, because it is intrinsically (mor-
ers) define expectations (norms) of “fair distribution” of
ally) wrong, harming, and violating the rights of
these rewards and that perceived justice or injustice in
their distribution may have motivational and attitudinal others, and therefore should incur harsher pun-
consequences. ishment. Disturbing the class, in contrast,
362 N. Resh and C. Sabbagh

involves breaching a social convention, which is 19.6.3 Consequences


more bound to a social context and should there-
fore have less severe repercussions. Classifying Perceived injustice in teacher–student relations
students who had broken disciplinary rules into that arises in teaching–learning interactions is
two groups, based on their “reputations” (well particularly important because it has attitudinal
behaved and misbehaving), the authors further and behavioral consequences that affect students’
assumed that judgments of fairness of a given evaluation of the class and school educational cli-
disciplinary practice would also take into account mate and their learning motivation and behavior
the reputation of the transgressor. Findings con- (Peter & Dalbert, 2010; Wubbels & Brekelmans,
firmed both assumptions: suspension of the trans- 2005). In his international study, Gogard (2012)
gressor was perceived as fairer for fighting than suggests that justice experience is the most effec-
for disturbing the class and as fairer for a misbe- tive factor impacting student evaluations of the
having student than for a well-behaved one. school as a fair place, trust in teachers and in
Interestingly, however, the effect of reputation on people in general, and the readiness to extend
fairness judgments was stronger than the effect of help to others, especially “weak” students. Berti
severity of the infraction. Thus, disciplinary prac- et al. (2010) also found that perceived injustice
tices were guided by a notion of equity (applied affects sense of identification with the class and
to the distribution of negative outcomes), and fair school. Resh and Sabbagh (2013, 2014a) showed
punishment (suspension) was supposed to be in that sense of relational justice seems to have a
proportion to the severity of the offense and the greater effect than sense of justice about grade
reputation of classmates (see also Hamilton & distribution, and that the former significantly
Rytina, 1980). affects a range of civic attitudes: democratic
orientation, trust in people and in institutions,
and sense of belonging to school.
19.6.2 Actual (In)justice in Teachers–
Student Relations
19.7 Conclusion
Both academic discourse and fine literature
relate to teachers (and schools in general) as a Considering the high significance attributed to
possible source of students’ sense of justice (or formal education as an essential asset to both
injustice), but there are relatively few investiga- individuals and the public, the relatively limited
tions that measure the actual amount of per- discussion about it in the framework of justice
ceived teachers’ relational injustice, and in some distribution is a bit surprising. Yet, it is not that
of them the measurement scale mixed items educationalists and academics have not been con-
about fairness in grading with those related to cerned about injustice in the distribution of vari-
relations (respect, help, and the like). Such is the ous educational resources. Rather, they have been
scale used by Gogard (2012), who found in a framing their concerns in terms of inequality,
comparative study of five EU countries (middle gaps, disadvantage, and the like (Coleman et al.,
schools) a similar, quite low level of perceived 1966; Jencks et al., 1972; Lynch, 2000; Shavit &
justice: less than 50 % of the students agree that Blossfeld, 1992). Hence, framing educational
their teachers are fair. Interestingly, this percep- issues as justice distribution issues—elaborating
tion did not vary by social class. Similarly Berti upon teachers’ and students’ views of the just
et al. (2010) found that about 60 % of students principles that should be used, versus what is
perceived injustice in communication in class actually being implemented, in the distribution of
(their definition of interactional justice). With a wide scope of “goods” and “bads” in schools,
respect to Germany, Peter et al. (2012) show a as well as students’ evaluation of their justice
mean of 4.24 (in a scale of 1–6) of perceived experience in schools—should be a highly pro-
teacher fairness. ductive and insightful venue for future research.
19 Justice and Education 363

We suggest that the critical significance of a approaches, as well as qualitative and historical
just school, or rather of justice in schools, is methodologies. As we hope to have demon-
largely threefold. First, ensuring school “fair- strated, a more consistent research focus on the
ness” in both structure and daily practices has manifold faces of social justice within education
merit of its own, as people are striving to achieve harbors the hope of significantly advancing our
justice and to restore it when violated. This is understanding of how the interplay of justice ide-
especially true since schools represent a micro- als and practices influences the ways in which
cosmos of society to their students. Second, the our schools can prepare future generations for
just or unjust distribution of resources and citizenship in pluralistic democracies.
rewards to the school and in school has instru- Finally, our review focuses on distribution per
mental significance, as it affects students’ moti- se and did not cover issues pertaining to proce-
vation, their chances of educational success and, dural justice in various educational spheres—
consequently, their future educational and life namely, to the fairness of the means by which
chances. Third, the experience of just or unjust distributions, or decisions about them, are made
distribution of resources in schools is a form of (for an overview, see Vermunt & Steensma, 2016,
latent curriculum that may be a factor in shaping Chap. 12 of this handbook). Components of fair
students’ worldviews, social perspectives, and procedure include the accepted criteria of reward
actual behavior. allocation; consistency, universality, and transpar-
Consistent with the “spheres of justice” argu- ency in using these criteria; and having a “voice,”
ments outlined by Michael Walzer, this thematic that is, the legitimacy to appeal when “fair” proce-
review has documented a rich variety of justice dure seems to be violated. Hence, procedures of
rules that guide the distribution of various goods reward distribution may become, in themselves,
within the educational domain. However, actual the source of a sense of (in)justice, which may
distribution practices are not necessarily those affect both the legitimacy of distribution out-
perceived as most just, which is a source of a comes and satisfaction with them (for an over-
sense of injustice among students. Most salient view, see Hegtvedt, Johnson, & Watson, 2016,
among these “justice gaps” are placement deci- Chap. 23 of this handbook). “Fair” procedures are
sions and the reality of teacher–student relations, thus as relevant in the educational sphere.
which often seem to be biased by the application However, relatively little research has focused on
of in-born or interpersonal criteria, such as gen- procedural justice and its consequences among
der, class and ethnicity, or personal idiosyncra- parties of the educational system (administrators,
sies of teachers and other school staff. teachers, students) and this gap is also calling for
These findings have implications for social– further and wider investigation.
psychological and sociological research on edu-
cation. Future research should further inquire Acknowledgments Authors are listed in alphabetical
into the justice claims and the actual patterns of order. We would like to thank Helene Hogri for her edito-
rial assistance.
distribution across a wider range of educational
goods, settings (including private, public, reli-
gious, secular, and family-based schools), and
variables (including individual-level variables, References
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Justice and Environmental
Sustainability 20
Susan Clayton, Elisabeth Kals, and Irina Feygina

entific understanding of the interdependence of


20.1 The Environment ecosystem elements means that people are more
as a Context for Justice likely to recognize the causal link between an
action and its environmental consequences, and
The natural environment has become an impor- to make a judgment about the ethics of that
tant domain in which to examine issues of justice action, embracing considerations of justice as
(Clayton & Müller, 2013; Clayton & Opotow, well as responsibility. Perhaps most important,
2003). Research on environmental justice first the rapid rate of ecological change provides a ref-
came into focus in the 1970s against the back- erence point that may frame the current situation
ground of the New Environmental Paradigm as unjust: the exponential growth in human popu-
(Dunlap & Van Liere, 1978), and in the 1990s lation and the urban development and pollution
became a broader research field within environ- that are associated with it are affecting the quality
mental psychology (Clayton, 1996; Horwitz, of our natural environment and our climate so
1994; Montada & Kals, 1995; Opotow & rapidly that people are able to perceive the
Clayton, 1994). Among the public, growing change during their own lifetime, and even to
awareness of a shortage in environmental anticipate further degradation.
resources such as clean water and arable land has The enhanced salience of justice in regard to
brought attention to the question of how those environmental challenges complements the fact
resources are distributed (Hegtvedt & Flinn, that many people believe that there is a moral or
2000; Lerner, 1981; Syme, 2012; see also United ethical component underlying the distribution and
Nations Educational, Scientific, and Cultural treatment of environmental entities (Hussar &
Organization [UNESCO], 2006). Increased sci- Horvath, 2011; Kahn, 2001; Kempton, Boster, &
Hartley, 1995). However, existing models of jus-
tice cannot be simply extended to address environ-
S. Clayton (*) mental issues. Environmental goods and services
The College of Wooster, Wooster, OH, USA are unlike many other resources, such as financial
e-mail: sclayton@wooster.edu
benefits, that have been the focus of justice
E. Kals research. People of future generations will be
Catholic University of Eichstaett, Eichstaett,
Germany affected by ecologically relevant decisions made
e-mail: elisabeth.kals@ku.de today. Geographically specific actions may have
I. Feygina effects that diffuse across boundaries. The indivis-
New York University, New York, NY, USA ibility of environmental resources, and the com-
e-mail: irina.feygina@gmail.com plex interdependence of ecosystems, make it

© Springer Science+Business Media New York 2016 369


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_20
370 S. Clayton et al.

impossible to isolate an individual or even national 20.2 General Perspectives


share of environmental resources for people to uti- on Environmental Justice
lize as they wish. Thus, environmental issues com-
prise a particularly rich area for justice researchers, 20.2.1 Distributing Environmental
and considerations of environmental justice chal- Resources
lenge us to think about contexts that are not clearly
bounded in time, space, or scale. Research on distribution has been a central topic
A justice perspective on environmental issues within the area of justice research (e.g., Adams,
illuminates the reasons that these issues are so 1963; Deutsch, 1975, 2000; Walster, Walster, &
contested and emotional. An environmental per- Berscheid, 1978). The fair allocation of resources
spective on justice research challenges us to rec- is an almost universal concern, from children
ognize some of the ways in which current theories competing over cookies to corporate managers
are insufficient. By reviewing the research and assigning salaries. Consequently, it has played a
writings surrounding justice and the natural envi- major role within environmental psychology
ronment in this chapter, we hope to raise new from its inception: Although in the late 1960s
questions that inspire more work in this area. psychological research began to examine envi-
This chapter will review empirical research on ronmental concerns (Gifford, 2007), the field
individual justice judgments, justice-related grew exponentially in response to the energy cri-
emotions (like indignation and outrage), and their sis in the 1970s. From the beginning, empirical
attitudinal and behavioral implications. The studies of energy crises focused on justice-
scope of empirical research ranges from integra- relevant questions of causation, guilt, and fair
tive issues of moral inclusion to targeted analyses distribution of scarce resources (Kushler, 1989),
of local environmental conflicts from a justice and ecological crises continue to provide impetus
perspective. We consider justice judgments with for research on decisions on resource use and
regard to behavior and attitudes of individuals allocation. A recent example addresses attitudes
and groups in political, economic, and social and commitments to the use of nuclear power
domains, as well as issues surrounding political after the Fukushima Daiichi nuclear disaster in
instruments that impact ecologically relevant 2011 (Sirrenberg & Kals, in press).
behaviors and decisions. Yet, as suggested earlier, research on the dis-
The current chapter consists of six sections. tribution of ecological goods and resources must
After this first, introductory, section we review take into account the ways in which environmen-
characteristics of environmental issues that make tal resources are conceptualized differently from
them distinctive examples of justice reasoning, other types of resources. First, environmental
and consider issues of distribution and inclusion, resources are often more interconnected com-
as well as emerging new dimensions of justice pared to other types of resources, thus attitudes
(Sect. 20.2). Next, we review findings on indi- about entitlement to environmental resources are
vidual justice judgments in relationship to social complicated. Although some may believe that
groups and to policies (especially with regard to identifiable parts of natural resources, like prop-
the competing dimensions of sustainability), and erty, are clearly allocated to specific recipients, in
motivated justice perceptions driven by ideologi- practice the way one individual uses his or her
cal inclinations and tendencies to justify the cur- resources is likely to affect the resources of oth-
rent system (Sect. 20.3). We then further explore ers, often by diminishing their value. This dis-
the behavioral impact of justice perceptions and junction between perceptions and reality may
the motives and emotions that underlie them underlie many conflicts over alleged violations of
(Sect. 20.4). Finally, we suggest practical impli- property rights. In other cases, environmental
cations for policy, management, and conflict res- resources have been considered to be common
olution (Sect. 20.5) as well as promising goods, freely available to all who can utilize
directions for future research (Sect. 20.6). them. Thus, the “commons dilemma,” in which
20 Justice and Environmental Sustainability 371

shared access to a common resource leads to lack of divisibility noted earlier. The concept of
depletion of the resource, has been considered property rights, in which people are allowed to
particularly applicable to environmental issues. make decisions about the land they own, is
There is a large body of research addressing envi- related to an equity model in which the environ-
ronmental resources as commons and exploring mental benefit, that is, land, is allocated accord-
circumstances under which cooperation for pro- ing to monetary inputs. Although many people
tection of the resource is more or less likely (e.g., endorse this model, others have discovered that
Committee on the Human Dimensions of Global their property cannot be insulated from wider
Change, 2002; Van Vugt, 2009). environmental influences: rising sea levels erode
Second, in recent years there has been increas- coastlines, sinkholes swallow houses, and hidden
ing awareness of the variety of benefits that natu- toxins permeate the soil. Similarly, when a prop-
ral environments provide. Not only goods such as erty owner harms his or her environment, say by
clean air and water, and arable land, whose direct contaminating the groundwater through inappro-
benefits are obvious, but also ecosystem services priate use of pesticides or disposal of motor oil,
such as pollination, protection from stormwater the effects of that damage will be felt by a large
surges, and carbon sequestration are provided by and ill-defined group of people. The benefits
healthy ecosystems. Psychological research sug- from any fine levied against the individual are
gests that nature also contributes to cognitive unlikely to go to those affected.
functioning, mental well-being, and social capital A distributive approach that emphasizes needs
(e.g., Wells & Rollings, 2012). The fair way of may receive some support (e.g., Lukasiewicz,
allocating access to such noneconomic benefits Syme, Bowmer, & Davidson, 2013), but it
might be more challenging to delineate than the requires us to think carefully about what is
equivalent allocation of clearly understood needed. People need clean air and water, but do
resources such as clean water or the economic they also need green space, given the evidence
productivity of farmland. for its impact on well-being? A more general dis-
Third, environmental resources are often con- cussion of the right to healthy nature has not yet
sidered in terms of costs as well as benefits. permeated public discourse, nor prompted much
Research on the unjust distribution of environ- work by justice researchers. Also relevant is the
mental resources has typically emphasized the question of whether a needs-based approach pre-
distribution of costs such as exposure to toxins. scribes upper as well as lower limits. Support for
The costs of mitigating or ameliorating environ- justice has been described as an efficient way of
mental damage are also significant. There is evi- optimizing outcomes (e.g., Allison & Messick,
dence that one of the obstacles to effective 1990). People cooperate with others and work as
international agreements to address climate part of a group, or society, because of their confi-
change is disagreement about what is a fair way dence that the distribution will be fair. If some
of distributing the costs associated with mitiga- use more than they need, does that constitute
tion (Kriss, Loewenstein, Wang, & Weber, 2011; injustice regardless of their impact on others?
Lange, Vogt, & Ziegler, 2007). Justice research suggests that people are reluc-
tant to see others overcompensated and will even
accept less in order to ensure a more “just” distri-
20.2.2 Models of Distribution bution. Translated to the environmental sphere,
this might suggest that excessive consumption of
Distributive justice can follow many principles, environmental goods—consuming more than one
but the literature is dominated by three models: needs—is inherently unjust. If so, people might
equity, equality, and need. When it comes to respond to this excessive consumption by punish-
environmental resources, equity—a distribution ing those who consume excessively, by consum-
in which people who contribute or deserve more ing more themselves, and/or by reducing their
also receive more—is problematic because of the identification with the group. Work by Markowitz
372 S. Clayton et al.

and Bowerman (2012) suggests that a large pro- closely examined by Opotow (1990, 1994).
portion of the public, at least in the U.S., does Exclusion is not only associated with belonging
disapprove of excessive consumption. This may to a marginalized social group but can be based
represent an emerging model of justice. It remains on concerns about relative group standing as
to be seen whether it will have a wide impact on well. That is, moral exclusion can be a motivated
society. strategy for justifying one’s harsh actions toward,
Compared to an equity model of distribution, or privileged position over, a group with which
an equality model for distributing environmental one’s own group is in competition for status or
resources tends to receive more support (e.g., resources. If a group has been excluded from
Clayton, 2008). People endorse the idea, in gen- moral consideration, its members may be belit-
eral, that environmental resources are common tled, stigmatized, and isolated. They are not con-
goods and should be available to all. There is sidered to deserve fair treatment or a fair share of
some sense that environmental harms should be needed resources. Thus, an overall belief in jus-
equally distributed, rather than having some peo- tice can be maintained despite the disadvantaged
ple bear an unequal share of the burden. But this position and unfair experienced of outgroups,
model in turn raises another ill-defined question: because their situation is irrelevant.
who is counted? Who is included in the moral As arguments are made about what is or is not
universe? fair regarding environmental issues, complex
questions regarding inclusion emerge. Most
research related to justice takes for granted that
20.2.3 Issues Surrounding Inclusion we know whose interests or rights are relevant.
But environmental questions raise the possibility
One of the key ways in which justice has been that we need to extend our scope of justice to
raised with regard to environmental issues has include other types and levels of moral actors.
been in the identification of “environmental Should nature itself, or natural entities, deserve
injustice”: situations in which environmental moral consideration (Lukasiewicz et al., 2013;
costs, such as exposure to toxins, are unevenly Stone, 1972)? Do we need to consider the rights
distributed across different sectors of society of future generations? What are our obligations
(e.g., Nweke & Lee, 2011). When those who to animal species?
receive more of the costs are shown to be dispro- The topic of animal rights has generated a vast
portionately members of ethnic minority groups, amount of literature, which we do not attempt to
the situation is described as “environmental rac- summarize here. It is clear, though, that taking
ism.” The assumption is that increased exposure the interests of animals into account would lead
to risk results not from bad luck or random fluc- to very different perspectives on justice when
tuation but from a type of societal exclusion. thinking about things like animal research, zoos,
People of low socioeconomic status or who are and vegetarianism. But whereas individuals can
members of minority groups lack the access to make their own decisions about whether to eat
political and economic power that would mark meat, visit zoos, or use products that have been
their full inclusion as equal-status members of tested on animals, only at the societal level can
society, with all the rights of any other members. we decide whether to protect species or provide
This moral exclusion is characterized by both them with habitat. Thus, the question of animal
distributive and procedural injustice: the unequal rights has emerged as important in public dis-
distribution of environmental costs and benefits course about environmental protection.
is at least in part a consequence of a lack of voice, It is worth noting that support for animal
with minority groups not consulted in the making rights is part of a general trend toward an
of decisions that affect environmental conditions. expanded moral universe in Western thought, and
The manifestation of moral exclusion, particu- that it is associated with a general orientation that
larly in environmental dilemmas, has been endows the natural environment with intrinsic
20 Justice and Environmental Sustainability 373

value. For example, Clayton (2008) found that Increasingly, another dimension that needs
people with a strong environmental identity—a to be considered is the temporal one. Impacts
sense of themselves as interdependent with the on the environment today will have conse-
natural world—showed more support for animal quences, sometimes expanding ones, in the
rights. Other research suggests that a willingness future. Economists have extensively explored the
to attribute intrinsic moral value to nature is asso- phenomenon of temporal discounting, by which
ciated with a higher level of moral reasoning future outcomes are assigned lower weight than
(Karpiak & Baril, 2008). the equivalent outcomes in the present. One
Even among those willing to consider the explanation for temporal discounting is that
moral standing of nonhuman entities, however, those who will experience future costs some-
there is a lack of clarity about whose interests to how count less than those who might experience
consider. Do individual animals have rights or present costs. But the idea of intergenerational
only species? Specific rivers or ecosystems? equity implies that each generation has equal
Environmental dilemmas may pull us away from status (Weiss, 1992); thus, it is not fair to bur-
a focus on the treatment of individual entities, as den future generations with the consequences
even a focus on human rights requires us to con- of our greenhouse gas emissions. Although the
sider groups such as unidentifiable future genera- term “intergenerational justice” is quite common
tions rather than simply collections of individuals in the context of environmental research, it is
(Weiss, 1992). not precisely defined what generations are being
considered. Psychologically, the next generation
(one’s own children) is the easiest to think of and
20.2.4 New Dimensions of Justice to take responsibility for, and this may extend to
the generation thereafter (one’s grandchildren).
In order to decide whether a situation or process But the more conscious reflection on distinct
is fair, we must be able to envision what a just future generations is required, the less personal
outcome would look like. Although many of the commitment might result (Gethmann, 2008; the
instances in which people evaluate the justice or question of intergenerational justice will again
injustice of environmental policies involve be picked up in the context of “sustainability,” in
weighing concrete costs and benefits to specific Sect. 20.3.3).
people at a particular place and time, in general In sum, environmental resource distribution
environmental issues challenge us to expand our poses challenging justice dilemmas: What is fair
thinking along multiple dimensions. Because of with regard to access, use, and protection of the
the ways in which environmental costs, as well natural environment? What justice principles
as benefits, resist allocation among individuals, should be followed for resource distribution, and
they must be considered at the group level, in how can decision-makers address potentially
terms of their impacts on states, nations, or even unequal benefits across groups? Who is included
humankind as a whole. As Brickman, Folger, in the domain of environmental rights (e.g., pol-
Goode, and Schul (1981) pointed out in their lution rights or the rights to live in healthy envi-
classic distinction between microjustice and ronment), and based on which justice arguments?
macrojustice, this raises questions that relate Are some needs irrefutable, while others are dis-
less to the allocation rule by which individual putable? And how can the needs and rights of
inputs lead to individual outcomes, and more to future generations be included in resource
the desired shape of the overall distribution. decision-making?
What is the minimum level of access to green Moreover, by what political means should
space, clean air, and fresh water that we con- environmental protection be implemented and
sider fair? What is the maximum permissible justice maintained? Protection of the natural
level of exposure to toxins or the maximum environment and fair distribution of rights and
number of species extinctions? burdens are often accomplished through policy
374 S. Clayton et al.

instruments, whose efficacy depends on accep- protection against cognitive dissonance that can
tance and perceived justice by the population. arise from engaging in ecologically damaging
Hence, in the next part of this chapter we review behavior (e.g., Montada & Kals, 1995) and be
empirical findings on individuals’ perceptions of strengthened by linking environmental benefits
justice, starting from general responses to justice and burdens with group identity (Clayton, 2000).
and lack thereof, and then focusing on specific Environmentalists and their opponents may also
perceptions of policies and on underlying ideo- be defining justice differently. An environmentalist
logical motivations. position is linked to macrojustice-level arguments
related to societal concerns, such as equality and
responsibility, while a position interfering with
20.3 Perceptions of Justice environmentalism is linked to microjustice-level
arguments, which are related to principles of equity
20.3.1 Individual Justice Perceptions and procedural justice (Clayton, 1998). Differences
and Differences Between in focus on justice arguments also contribute to the
Groups occurrence and development of environmental
conflicts (Clayton, 2000).
A widespread and increasing awareness of eco-
logical injustices and concern about environmen-
tal problems exists within the general population 20.3.2 Justice Perceptions in Relation
(e.g., Clayton, 1996; Montada & Kals, 1995; to Policies
Törnblom & Kazemi, 2007). Yet, notable differ-
ences between groups continue to be observed. Empirical findings are beginning to reveal differ-
The extent to which environmental protection is entiated justice judgments not only toward broad
seen as a moral issue varies across social groups, considerations of environmental dilemmas but
and is in part affected by the framing of the topic. also toward specific policies. One example is the
For example, liberals in the United States are attempt to limit carbon dioxide emissions. Taking
more likely than conservatives to see the environ- this goal seriously requires fundamental changes
ment as a moral issue, because they respond more in decision-making processes on political, eco-
strongly to themes of harm and care that tend to nomic, and private levels, both in the Western
be stressed in environmental messages (Feinberg world and increasingly in developing countries,
& Willer, 2013). where people express their right to catch up with
Group differences also stem from the interests the high living standards of industrialized coun-
and goals that underlie the existence of a group, tries. In most cases, these changes impose
and how these relate to questions of ecological short-term costs in the form of taxes or limits on
protection. On one end of the spectrum are con- the use of energy, and ecological improvements
servation groups, which espouse an explicit inter- may only be experienced in the long run. People
est in contributing toward protection of the natural construe such shifts in benefits and externalized
environment and supporting sustainable develop- ecological burdens as justice problems (e.g.,
ment. On the other end are groups whose interests Clayton, 1996; Montada & Kals, 1995; Myers &
may interfere with ecological aims, like motors- Kulish, 2013; Opotow & Clayton, 1994;
port clubs or supporters of local economic inter- Törnblom & Kazemi, 2007). However, they dif-
ests. As expected, conservationists express greater fer in what is perceived as just concerning the
sensitivity, including justice sensitivity, to envi- distribution of profits, harms, and risks. For a
ronmental problems compared to control groups specific example, Nancarrow and Syme (2001)
matched in age, gender, and educational level. describe controversy surrounding the fair distri-
Conversely, members of motorsport clubs report bution of scarce water in a dry region and the
lower justice sensitivity compared to matched allocation of risks if too much water is
control groups. These differences may reflect consumed.
20 Justice and Environmental Sustainability 375

Opinions also differ about which policy instru- findings, preferences for the three stricter policies
ments aimed at controlling pollution are right and (prohibitive laws, taxation, and subsidies) are
fair. There are many different political instru- positively correlated with each other (Montada &
ments, such as legal regulation aimed at the Kals, 2000) and negatively correlated with pref-
reduction of damages and risks (e.g., ban on risky erences for a policy of appeals.
production); regulations by taxes and other
charges which make, for example, polluting pro-
duction more expensive and provide revenue for 20.3.3 Justice Perceptions in Relation
communities and the state; subsidies for environ- to Sustainability
mentally friendly alternatives (e.g., in the context
of energy efficiency); the allocation and trading Justice perceptions are even more complex in
of emission rights (which link to human rights of regard to “sustainability” and its synonymous
affected individuals who were not involved in the term “sustainable development.” These terms
decision-making); and appeals to the responsibil- became known in 1972 through the Club of Rome
ity of private or mega-actors (Montada & Kals, report “Limits to growth” (Meadows, Meadows,
2000). These instruments carry different implica- & Behrens, 1972). They began to be discussed by
tions for restrictiveness and efficiency, distribu- the United Nations in the wake of the Brundtland
tion of burdens and costs, freedom of choice, and report and continue to be a key consideration for
personal or institutional restrictions, and conse- the U.N. (United Nations Headquarters, 2010).
quently give rise to varying justice judgments The early concept brought together concerns of
(Montada & Kals, 2000). ecology and developmental politics by focusing
According to research by Montada and Kals on intergenerational justice, whereby future gen-
(2000), prohibitive laws and ecological taxation erations could enjoy adequate opportunities for
are perceived as the most just policies, followed economic and social development, perhaps on
by subsidy policies, while appeals are perceived par with the current one (World Commission on
as the least strict instrument and rejected as Environment and Development (WCED), 1990).
unjust. Prohibitive laws and ecological taxes are The goals of sustainability include, among oth-
regarded as just since they affect everyone ers, the satisfaction of basic human needs so that
equally, though may be perceived as unjust by future conflicts over the distribution of resources
those who believe them to pose economic risks, can be avoided. As Weiss (1992) stated,
as extreme as causing bankruptcy of companies, “Sustainable development relies on a commit-
or to offer insufficient prevention of abuse of the ment to equity with future generations” (p. 19).
natural environment. Perception of taxes as just As such, the justice perspective is inextricably
stems especially from their ability to hold respon- linked with the concept of sustainability.
sible those who cause ecological problems, thus Sustainability has become one of the most
reducing externalization of costs. Appeals do not popular terms within public and scientific dis-
force polluters to pay and may result in inequality course on ecological problems (WCED, 1990)
if some follow the appeals while others free ride and illustrates the shift toward thinking about the
and profit from the obedience of others (e.g., relationship between present and future needs
some might take the bus instead of their car, and rights. The intergenerational sustainability
resulting in less traffic and more parking space perspective has a three-dimensional structure: the
for those who drive). Free riders demotivate those ecological dimension traces back to the aims of
who are willing to comply by creating a sense of pollution control; the economical dimension
injustice and disadvantage. And though appeals embraces the idea that ecological and economical
are favorably perceived to not interfere with aims are interrelated; and the social dimension
rights of freedom nor cause economic risks, they takes the needs of current and future generations
are seen as less effective than stricter policies into account and aims for social justice (Kruse,
(Montada & Kals, 1995, 2000). In line with these 2006). Sustainability is evaluated with regard to
376 S. Clayton et al.

compatibility of the three dimensions (Kaufmann- tice, which entails concern for future generations
Hayoz, 2006). In most cases, especially within and geographically distant people. The basis for
politics, economic and social dimensions should conflict can be seen in the example of global cli-
supplement ecological needs in comprising sus- mate change: It is caused by anthropogenic activ-
tainability (Kruse, 2006). However, in practice, ity (IPCC, 2007) and is attributed to multiple
there is a complex and competing interplay causes (including CO2 emissions through fossil
among the three dimensions, especially between fuel use and burning of tropical rainforests, and
the ecological dimension aimed at environmental methane emissions in animal farming), which are
protection and the economic dimension aimed at generated by multiple actors and divergent activi-
growth, market freedom, and protection of job ties over a long period of time. The harmful con-
security, and only rarely do projects succeed in sequences of these actions emerge in the long
integrating ecological, social, and economic term, follow nonlinear patterns that are difficult
goals (see Kirby, 2003 for an example). Decisions, to predict, and will affect future generations and
especially about specific political instruments, removed populations (e.g., in the “developing
weigh competing aims and values against each world”) who neither profit from their causation
other, and if priority is given to one dimension through a high living standard nor are involved in
the others might suffer. the relevant decision-making process. This global
It remains unclear whether equal status intergenerational distribution of ecological bene-
between dimensions of sustainability really exists fits and costs is regarded as unjust by the majority
or should be established as a theoretical guideline of the population, while differences between
(Kruse, 2006), which has led to the distinction groups are observed, as discussed earlier (Myers
between “weak” and “strong” sustainability & Kulish, 2013; Russell, 2001).
(Neumayer, 1970). Whereas weak sustainability Differentiated justice perceptions are particu-
allows for the depletion of natural capital if it is larly important in ecological conflicts on a local
compensated for by increases in human capital, level (e.g., selecting the site of a waste incinera-
strong sustainability places ecological aims at the tion facility). As with global ecological conflicts
top of a hierarchical pyramid model, followed by (Müller, 2012), injustices in local conflicts are
social and then economic aims (Neumayer, experienced when moral norms (including justice
1970). Until now, strong sustainability has not norms), legitimized claims, fundamental rights,
met with general approval in political and public laws, or contracts are violated (see Montada,
discussions. 2007 for an overview). Individual interests also
Psychological research has begun to increas- play a significant role, but their importance is
ingly investigate issues of sustainability, with a often overestimated by conflicting parties, while
growing number of studies mentioning the term the impact of perceived injustice is underesti-
as a key word (Gifford, 2007), and putting an mated or overlooked (Müller, 2012). To resolve
emphasis on urgent ecological problems like cli- the conflict, it is necessary to understand why a
mate change (Kazdin, 2009). Although these political instrument or debated issue is seen as
problems pose severe justice dilemmas, analyses unjust, taking into consideration individuals’
from a justice perspective are still rare, but sug- scope of justice (Opotow, 1994). Taking moral
gest that the three-dimensional perspective on and justice considerations into account offers
sustainability can partly account for differences clarity on the position of conflicting parties, help-
in justice judgments of political instruments: ing to formulate and weigh the arguments under-
people are able to consider how just or unjust lying justice perceptions, and to separate
instruments are on different dimensions, and self-interest from justice arguments. Thus, an
weigh them to an overall (in)justice judgment. awareness of moral dilemmas that often underlie
The potential for divergent perspectives on ecological conflicts may be achieved.
justice becomes especially salient in the context In sum, the notion of sustainability can be
of sustainability’s focus on intergenerational jus- considered as a “fuzzy set” (Linneweber, 1998)
20 Justice and Environmental Sustainability 377

with multiple goals that are often in competition. contribute to notable demographic and ideologi-
Discourses on justice, prompted by local ecologi- cal differences in environmental attitudes and
cal conflicts, might contribute to a facet of “wis- behaviors. These include decreased acknowl-
dom” of the acting people (Baltes & Staudinger, edgement of, concern about, and response to
2000), shedding light on sustainability, and at the environmental problems among men compared
same time upholding the original understanding to women, those with lower levels of educational
of “sustainability” that focuses on ensuring inter- attainment, conservatives compared to liberals,
generational social justice. and those more strongly identified with America
(Feygina, Jost, et al., 2010). For example, politi-
cally conservative U.S. respondents were less
20.3.4 Motivated Justice Perceptions likely than more liberal respondents to consider
an environmental disaster, the explosion of the
Responses to environmental problems and sup- Deepwater Horizon oil rig, to represent an injus-
port for policies aimed at environmental justice tice (Clayton, Koehn, & Grover, 2013).
and sustainability are also impacted by motivated Importantly, the motivation to rationalize
and ideological processes, as well as by a general established systems is strongly linked to espousal
ecological belief in a just world (EBJW), and of an array of political ideologies, including con-
contribute toward individual differences in envi- servatism (Jost, Glaser, Kruglanski, & Sulloway,
ronmental perceptions and behavior. 2003), right-wing authoritarianism (Altemeyer,
2003), social dominance orientation (Pratto,
System Justification and Ideological Sidanius, Stallworth, & Malle, 1994), and free
Motivations market ideology (Heath & Gifford, 2006). These
Efforts to address current and long-term impacts ideologies share an underlying motivation to
of ecological problems are stymied by minimiza- uphold the status quo and the social power hierar-
tion and denial of such problems in general, and chy, and have been consistently linked to support
of climate change in particular (Feygina, Jost, & for racial, gender, and economic inequality via
Goldsmith, 2010). Such responses appear to be stereotyping that blames victims and resistance
motivated by a desire to maintain a view of estab- to policies that benefit the disadvantaged in eco-
lished social, economic, and political practices as nomic, social, educational, and political domains.
fair, successful, legitimate, and natural, which Beyond these impediments to social justice,
precludes a willingness to acknowledge prob- system-justifying ideologies contribute toward
lems that arise from such practices (Jost, Banaji, resistance to collective and personal responsibil-
& Nosek, 2004). Environmental problems, which ity and action aimed at improving environmental
stem in large part from industrial processes and sustainability and justice (Feygina, 2013).
regulatory shortcomings, bring into question the Espousing a conservative ideology is associated
sustainability of the status quo and of core socio- with increased support for dominating and
economic institutions, and are therefore highly exploiting nature, a diminished sense of concern
threatening and may elicit defensive dismissal for or duty toward the environment, and decreased
and resistance to efforts at amelioration (Feygina, engagement in environmentally sustainable indi-
Goldsmith, & Jost, 2010). As a result, motiva- vidual or political-level behavior (Allen, Castano,
tions to perceive systems as fair and just lead, & Allen, 2007; Cottrell, 2003; Sabbagh, 2005).
ironically, to beliefs and behaviors that preclude Right-wing authoritarianism is correlated with
the implementation of necessary policies, eco- holding antienvironmental attitudes, including
nomic instruments, and personal choices that support for environmentally destructive indus-
would ensure environmental protection and fos- trial practices and rejection of the need for envi-
ter just outcomes. ronmental protection, deference to technological
Differences in the extent to which individuals superiority, and a desire to punish environmental-
experience motivation to support the status quo ists as they are perceived to be a threat to the eco-
378 S. Clayton et al.

nomic system (Peterson, Doty, & Winter, 1993; ecological equality of opportunities, ecological
Schultz & Stone, 1994). Similarly, social domi- human rights, and the ecological right to modify
nance orientation is related to a perceived superi- a legal relationship (Leist, 2007). EBJW is posi-
ority of humans over other animals and natural tively correlated with justification of environ-
phenomena, and is accompanied by an opposi- mental mistreatment and a lack of responsibility
tion to ecological protection and support for for protection. The detrimental effects of EBJW
unethical and harmful behavior toward the envi- have been observed in the context of energy-
ronment (Clayton, 2008). Finally, free-market relevant behavior, in perceptions of justice in the
ideology is associated with an extensive faith in distribution of valuable environmental resources,
market systems and the devaluing of and discon- and in the justification of distribution decisions
necting from nature, as well as resistance to by various arguments and principles, such as
acknowledging anthropogenic climate change equal opportunity for access to the resources.
(Heath & Gifford, 2006). EBJW seems to be a general trait, beyond differ-
In sum, research consistently reveals that entiated ecological justice perceptions. A similar
system-justifying worldviews contribute to unjust phenomenon was investigated by Wojcik and
attitudes and behaviors toward people and the Cislak (2013), who examined people’s tendency
environment, by placing them in a devalued and to believe that nature itself is just. They found
disempowered position, thus excluding them that people who believe in “just nature” were less
from the domain of justice (Opotow, 1990), and likely to donate money to help victims of a natu-
justifying a lack of concern as well as personal ral catastrophe.
and collective responsibility for protection and In the following section, we consider the
care. impact of justice perceptions and valuations with
regard to ecological rights, burdens, and political
Ecological Belief in a Just World measures, which are influenced by ideologies
A comparable mechanism might underlie the and traits, on individuals’ decision-making and
effects of a general EBJW on perceiving the cur- behavior.
rent situation and system as just despite its short-
comings. Although the Earth may be far from a
“just world,” considering the prevalence of envi- 20.4 Motivating Behavior
ronmental exploitation, most people are able to
maintain a perception and belief that the world is 20.4.1 Impact of Justice Perceptions
just. The belief in a just world, introduced by on Behavior
Lerner (1980), describes a conviction that every-
one gets what he or she deserves and deserves The analysis of motivational bases of justice
what he or she gets. If this belief is shattered, for perceptions and judgments is regarded as an
example by observing severe injustice, it can be important prerequisite for understanding proenvi-
restored either by helping the victim, or by rein- ronmental decisions and behaviors, and sustain-
terpreting the situation so that the victim seems to able development more broadly (Kruse, 2006).
deserve what he or she incurs (Lerner, 1980). Research on behavioral implications of distribu-
This leads to justification of the status quo and tive justice has focused on unfair distribution of
removes the necessity for implementing changes costs and rewards (Törnblom & Kazemi, 2007),
(Hafer & Choma, 2009). but ecological conflicts and decision-making
Belief in a just world has been observed in entail consideration of procedural and interac-
many settings, including at school and in the fam- tive justice as well (Syme, 2012). Experiencing
ily (Dalbert & Stöber, 2006). With respect to the ecological injustice, especially unfair distribution
environment, it has been observed in the form of of ecological costs and benefits, has been found
an EBJW (Baier, Kals, & Müller, 2013), covering to motivate actions against the injustice and in
20 Justice and Environmental Sustainability 379

support of the environment, such as avoidance of one’s country, and to ensure the continuation of
energy-intensive daily behavior and support for one’s established way of life appears to moti-
political measures that protect the natural environ- vate proenvironmental intentions and behaviors
ment (Clayton, 1996; Horwitz, 1994; Kals, 1996; (Feygina, Jost, et al., 2010). In other words, rec-
Montada & Kals, 2000; Müller, 2012; Opotow & ognizing the confluence, rather than opposition,
Clayton, 1994; Syme, 2012). between economic and ecological sustainability,
Similarly, members of conservation and envi- as well as justice, is an important pathway to
ronmental action groups, who engage in behav- garnering support for environmentally respon-
iors that benefit the natural environment, are more sible behavior.
aware of and sensitive to environmental injustice
and ecological problems. Attitudes toward envi-
ronmental policies are affected by perceptions of 20.4.3 Emotional Responses
justice (Dreyer & Walker, 2013), and research
shows that individuals who hold positive attitudes Attributions of Responsibility
toward restrictive environmental policies, such as The impact of justice judgments is not restricted
regulation by laws and taxation, show a greater to pure cognitions, but goes hand in hand with
willingness to make proenvironmental commit- attributions of responsibility for injustice, and
ments and engage in corresponding behavior, with justice-related emotions, such as indigna-
such as restricting personal consumption, protest- tion about injustice (Kals, Schumacher, &
ing the irresponsible behavior of others, and form- Montada, 1999; see Kals & Müller, 2012 for an
ing action groups. The link between policy overview). Attribution of moral responsibility
support and personal behavior is not found for predicts experiencing blame, indignation, and
policies pertaining to subsidies or appeals anger, and overall it appears to be an important
(Montada & Kals, 1995, 2000). determinant of many environmental emotions,
attitudes, and behavior. Moreover, environmen-
tal losses are considered more serious when
20.4.2 Harnessing Ideological they are caused by human rather than natural
Motivations Toward events, even if the human events were unin-
Proenvironmental Behavior tended (Brown, Peterson, Brodersen, Ford, &
Bell, 2005).
Motivational and ideological processes underly- Perceived moral responsibility for the envi-
ing justice judgments also impact behavior. ronment predicts proenvironmental behavior, in
Greater EBJW (which is related to justifying the line with Schwartz’s norm-activation theory
status quo rather than supporting change) moti- (Kaiser & Shimoda, 1999). Perceptions of per-
vates engagement in behavior that negatively sonal responsibility can result in guilt (Harth,
impacts the climate (Baier et al., 2013). Leach, & Kessler, 2013), which may also impact
Similarly, system justifying motivations and behavior. It appears that justice cognitions may
ideologies contribute toward decreased engage- relate to environmentally relevant behavior both
ment in behaviors that protect and support the directly and through a potential impact on emo-
environment (Feygina, 2013). However, such tion. Emotions can follow from attributions of
processes may offer an opportunity to encour- responsibility or be triggered by experiences of
age, rather than interfere with, sustainability. injustice.
Research demonstrates that helping people who
are motivated to justify the status quo recognize The Role of Experience
that ecological and resource sustainability is a Experiencing ecological burdens, such as living
means to uphold and bolster existing socioeco- in a polluted area, appears not to be related to
nomic systems, to act patriotically by protecting perceptions of injustice and internal attributions
380 S. Clayton et al.

of ecological responsibility, and to have little 20.5 Implications for Policy,


influence on commitment to act for the natural Management, and Conflict
environment on a global level (cf., Kals et al., Resolution
1999). This may be due to conflicts of interest
between individuals and society, as well as short- and The success of environmental policies depends
long-term concerns, as no direct or noticeable on perception of such policies as just. Perceived
reductions of local ecological burdens can be injustice of a policy demotivates not only those
expected by behavioral changes that address who perceive themselves as unjustly disadvan-
environmental problems of a global scale. taged but also those who seem unjustly advan-
However, personal burdens and experiences taged. This effect is observed in research on
account for political activities at the local level, intergenerational as well as international ecologi-
such as engagement in a citizens’ initiative (cf., cal injustices (Hegtvedt & Flinn, 2000; Russell,
Kals, Becker, & Ittner, 2006). Personal experi- 2001). Perceptions of fairness, on the other hand,
ence may enhance a sense of personal responsi- affect willingness to pay for public goods (Ajzen,
bility and strengthen the perceived moral Rosenthal, & Brown, 2000) and support of a car-
significance of environmental harm. bon tax (Dreyer & Walker, 2013); trust in agen-
cies is an important predictor of accepting their
Relationship to Nature environmental allocations (Devine-Wright, 2013;
A sense of personal relationship with nature is Syme & Nancarrow, 2012); and fair allocation
an important emotional basis of proenviron- procedures increase acceptance of an unfavorable
mental behavior (Kals, in press; Mayer & outcome (Greenberg & Folger, 1983), especially
Frantz, 2004; Nisbet, Zelenski, & Murphy, of personal outcome acceptance in ecological
2009). If nature has become part of an individ- conflicts (Müller & Kals, 2007).
ual’s identity, it is experienced as having moral Importantly, people do not act only on the
standing and deserving of protection (Clayton, basis of self-interest but also for the (environ-
2003, 2008, 2012), and this attachment links mental) sake of the community. For example,
environmental values and personal moral obli- people were found to check their tires more when
gations to protection of the natural environ- the behavior was described as a way to protect
ment. As such, it is closely related to biospheric the environment, but not when it was described as
and altruistic values, but not to egoistic values a way to save money (Bolderdijk, Steg, Geller,
(see Müller, 2012). A sense of relatedness to Lehman, & Postmes, 2013). Moreover, the find-
nature may lead a perception of environmental ing (described earlier) that appeals to behave sus-
harm to evoke a stronger emotional response tainably may be rejected as unjust whereas strict
(Berenguer, 2007). policies, like prohibitions, are accepted as just,
Overall, emotional responses are an impor- suggests that policies requiring unselfish proen-
tant predictors of environmental behavior vironmental motives can be accepted by the gen-
(Carrus, Passafaro, & Bonnes, 2008); they eral population (Montada & Kals, 2000).
often follow direct experience, and are more This offers important policy advice: People do
likely following perceived injustice as well as not simply state “not in my back yard” or “vote
attributions of personal responsibility. with their pocketbook,” but rather accept ecologi-
Proenvironmental behavior for the sake of the cal restrictions when they are regarded as just.
general commons appears to be motivated by Political decision-makers should take seriously
perceptions of ecological injustices and by tak- people’s awareness of justice problems that result
ing ecological responsibility to reduce these from policies, and should replace policies per-
injustices (Kals et al., 1999), which may be ceived as unjust (e.g., mere appeals) with ones
facilitated by personal closeness and identifica- that try to balance the dimensions of sustainabil-
tion with nature, as well as the experience of ity and are judged to be more just (e.g., stricter
environmental burdens. and more efficient regulations).
20 Justice and Environmental Sustainability 381

This finding also brings into question the also by group membership, ideology, and the fun-
ubiquitous belief in self-interest as a motive damental need to believe in a just world. Third,
(Lerner & Clayton, 2011). While self-interest can justice perceptions matter in motivating and
account for engagement oriented toward the local directing behavioral responses, and thus have
natural environment and protection of one’s practical policy implications. Our review sug-
“backyard,” even in this context ecological gests a number of important directions for future
responsibility for the community and justice research; we identify four in particular.
judgments are of relevance. Such justice apprais- First, at a theoretical level, we need more
als stem from a justice motive and empirically research that considers the expansion of the
cannot be traced to hidden self-interests (Kals moral universe. When are nature and natural enti-
et al., 2006). ties considered to have rights, and what are the
Therefore, politicians need to be aware of the consequences? As the temporal dimension
justice motive and activate it by making people becomes important, how far into the future are
aware of the congruence between ecological care people prepared to extend their moral calcula-
for personal and societal well-being. This long- tion? What environmental rights and obligations
term perspective may be facilitated by burgeon- do we extend to individuals and groups who are
ing ecological awareness within the general geographically and culturally remote from us,
population of Western societies and strengthened and who have less power and voice in the global
by more readily observable environmental economy? What are the implications of consider-
changes and their increasing impacts. ing systems rather than individuals as moral
Moreover, communication in policy and busi- actors and stakeholders?
ness domains can benefit from taking into consid- Second, as part of a tendency to connect indi-
eration and directly addressing motivational and vidual justice beliefs and perceptions to societal
ideological influences on reactions to changes and issues, there is a need to examine predictors of
initiatives. People’s perceptions, attitudes, and justice perceptions not only in general but with
behaviors are powerfully determined by deeply regard to specific situations. Such research
seated connections to the socioeconomic system should also explore preferences for new forms of
and by the need to protect and justify its institu- distribution, such as the possibility of a ceiling
tions. As such, it is important for processes that on consumption, and equal access to environ-
aim to improve environmental justice to also mental benefits as well as costs. This topic can
address system-oriented concerns, ensure that encompass issues of moral inclusion by consider-
environmental and socioeconomic sustainability ing environmental justice and the distribution of
are cultivated in tandem, and that communications environmental costs and benefits across different
make clear the confluence, rather than conflict, societal groups. This approach builds on psycho-
between these goals (Feygina, Jost, et al. 2010). logical insight into subjective justice experiences
and judgments in order to inform development
of environmental policy that is both fair and
20.6 Directions for Future acceptable.
Research A third, and related, direction is to recognize
that understanding and realizing the goals of envi-
We have reviewed a wide range of research to ronmental justice is an interdisciplinary challenge
make three key arguments. First, environmental (Walker, 2012). Integrating the perspectives of
resources add new complexities to existing mod- psychology, economics, and public policy is
els of distributive justice, in particular suggesting important for research as well as practical appli-
further consideration of concepts such as need, cation (Ittner & Ohl, 2012). Collaboration with
inclusion, and the temporal dimension. Second, economists and policy-makers can help to
perceptions of justice are affected by the particu- improve ways to compensate people for loss of
lar characteristics of environmental policy, but environmental resources or include their market
382 S. Clayton et al.

value in policy decisions. Another approach is to bility of the findings. Qualitative research strate-
shift from a traditional focus on the quantity of gies, such as semistructured interviews,
environmental resources to their quality, by evalu- completing sentences, and free association, rather
ating their benefits and considering the amount than commonplace reliance on preformulated
and type of value they provide. While it is not items, can improve assessment of justice percep-
easy to describe environmental resources in terms tions. Such field research is likely to encounter
of distributions, economists have begun to expand challenging practical problems, as environmental
their thinking beyond traditional economic values conflicts are often acted out on a highly charged
and are working with psychologists and others to emotional level. Due to powerful dynamics of the
generate a more complete valuation of natural conflict, research has to be done under intense
benefits (e.g., Ringold, Boyd, Landers, & Weber, time pressure, and often adaptations of the assess-
2013). Further, collaboration with political scien- ment instruments are necessary over time. But
tists and policy-makers should explore the role of overcoming these problems rewards the investi-
ideology in the perception of, and response to, gator with externally validated data on the justice
environmental justice. Not only do psychological processes underlying ecological conflicts, which
factors affect perceptions of justice, so too do can be used for mediation and development of
social and political influences tied to group identi- effective resolution strategies.
ties. The politicization of environmental issues The principal concern of early research on
means that we need to investigate these influences environment and justice was with local and
in order to work toward the implementation of national ecological problems, while later research
more just environmental policies. has focused on attitudes and behaviors toward
Finally, research would do well to investigate global ecological problems, such as climate
ecological conflicts at multiple levels, including change (Kruse, 2006). Future research needs to
local, national, and global, in order to develop a continue expanding the scope under consider-
better understanding of justice perceptions and ation, including intergenerational and intertem-
ecological decision-making. In these contexts, jus- poral aspects, while maintaining a focus on local
tice judgments are of special practical relevance as environmental issues. In the context of increasing
tools to support conflict resolution and offer oppor- interdependencies across space, time, and spe-
tunities for in-depth research. The action plan cies, researchers from multiple disciplines should
“Agenda 21” of the United Nations is based on the work in concert to examine subjective reactions
idea that proenvironmental behaviors and decision- to different justice models in the context of spe-
making can be executed on local, national, and cific environmental challenges.
global levels. But psychological perspectives pri-
oritize individual behavior and analyze its many
levels, from daily behavioral decisions of regular References
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Inequity Responses in Nonhuman
Animals 21
Catherine F. Talbot, Sara A. Price,
and Sarah F. Brosnan

inequity aversion, reacting aversely to obtaining


21.1 Introduction fewer benefits than a partner, and advantageous
inequity aversion, in which the actor reacts nega-
Consider how many times you have heard, said tively to being overcompensated, or obtaining
or thought, “That’s not fair!” Humans are deeply more rewards than a partner.
concerned with issues of fairness and justice in Humans are not alone in this response.
both our own lives and the lives of others. Evidence accumulating over the previous decade
Although human responses to inequity vary shows that other species also respond negatively
based on factors such as culture (Henrich et al., to getting a less valuable outcome than a partner
2001), personality (Colquitt, Scott, Judge, & (reviewed in Brosnan, 2013), and in some cases
Shaw, 2006; Wiesenfeld, Swann, Brockner, & may even be sensitive to receiving more (e.g.,
Bartel, 2007), and relationship quality (Attridge Brosnan, Talbot, Ahlgren, Lambeth, & Schapiro,
& Berscheid, 1994; Clark & Grote, 2003), these 2010). Although most of the research effort has
responses are found across cultures (Haidt, 2012) focused on nonhuman primates, even newer evi-
and show consistent brain activation patterns dence shows that this response is also present in
(Lieberman, 2007). Moreover, humans not only some nonprimates. This widespread distribution
react strongly to receiving less than a social part- allows us to explore the evolution of fairness by
ner (Fehr & Rockenbach, 2003; Hatfield, Walster, using the comparative approach. Understanding
& Berscheid, 1978; Kahneman, Knetsch, & the evolution of traits such as fairness provides
Thaler, 1986; Zizzo & Oswald, 2001), but will insight in to why traits evolved and the situations
also incur costs to punish those who behave in which it will, or will not, occur. For instance,
unfairly, even if we have not been affected by the research has established that there are substantial
inequity ourselves (Fehr & Fischbacher, 2004). differences in the response across individuals
In behavioral and experimental economics, these and contexts (Price & Brosnan, 2012), allowing
reactions are often referred to as inequity aver- us to use other species as model systems in
sion (IA), which includes both disadvantageous which to explore how various features influence
inequity responses. We can also use the compar-
ative approach to study the function of the
behavior, or the reason why it evolved. This trait
C.F. Talbot (*) • S.A. Price • S.F. Brosnan
is not universal within the primates (e.g, Talbot,
Georgia State University, Atlanta, GA, 30302, USA
e-mail: katetalbot8@gmail.com; sprice1015@gmail. Freeman, Williams, & Brosnan, 2011), therefore
com; sarah.brosnan@gmail.com we look for correlations between a sensitivity to

© Springer Science+Business Media New York 2016 387


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_21
388 C.F. Talbot et al.

inequity and other traits across species to deter- Research on nonhuman species is in its infancy
mine which situations may have led to the evolu- and thus far has focused primarily on distribu-
tion of this response. With respect to IA, such an tional concerns. Studies typically examine
approach has substantiated the hypothesis that responses to various distributions of food
the ability to compare one’s own effort and pay- rewards, focusing on how individuals respond to
off with that of a partner may have played a key receiving less than a partner (although see Sect.
role in the evolution of cooperation (discussed in 21.6.3 for a brief discussion of retributive
more detail below; Brosnan, 2006b; Fehr & responses to inequity in animals). This reaction is
Fischbacher, 2003). clearly more closely related to fairness than to
Our goal in writing this chapter is to high- justice (although it is not in and of itself fairness
light the importance of the nonhuman litera- either; see Sect. 21.2.2 for more on this), thus
ture for understanding the evolution of fairness below when we discuss nonhuman research we
in humans. We first describe the comparative typically refer to inequity or, if appropriate, fair-
approach, following which we discuss research ness. However, reacting negatively to receiving
on inequity responses in animals. We focus on less than a partner is a necessary preliminary step
the nonhuman primates (hereafter, primates) both in regulating and maintaining justice, as one must
because, to date, the majority of research effort be able to first recognize when a situation is
has been directed at the primates and because unfair before one can rectify the injustice.
humans are also primates. We use these data to
evaluate several hypotheses on the function of
the inequity response. We next consider how this 21.2.1 The Comparative Approach
research relates to other behaviors, such as delay to Studying Behavior
of gratification, prosociality, and punishment. We
end with a discussion on the utility of studying Studying the evolutionary trajectory of behaviors
responses to inequity in other species for under- can be challenging, as we cannot directly study
standing how and why people respond in the behaviors in the past. However, using an approach
ways that they do in situations involving fairness. known as behavioral phylogeny, scientists can
explore a behavior in a large number of species to
see how the behavior varies both across the phy-
21.2 Studying Inequity Responses logenetic distribution of species and across dif-
in Nonhuman Animals ferent ecological contexts. Depending on which
species share the trait, we can deduce the likeli-
One of the challenges of studying behavior hood that the trait evolved due to common decent
derived from humans in other species is defining (i.e., homology) or in response to similar selec-
these behaviors in such a way that they reflect the tive pressures (i.e., convergence). For instance, if
human construct, but can be empirically investi- two closely related species exhibit a behavior,
gated in a species that does not talk and may be then it is assumed to have been present in their
different in other ways. This is particularly chal- most recent common ancestor, representing a
lenging in the case of abstract ideas, such as fair- homologous trait. If, however, two relatively dis-
ness or justice. Although the two terms are often tant species exhibit a behavior, but their phyloge-
used synonymously, and are conceptually related, netically closer relatives do not, then the behavior
fairness concerns voluntary actions between indi- is most likely a convergent trait. Convergent traits
viduals whereas an impartial third party usually are those that occur when two or more species
metes out justice. Both are multifaceted concepts experience similar selective pressures that lead to
that include how resources are distributed (i.e., the emergence of similar traits, such as the evolu-
distributive justice), how people make decisions tion of wings in birds and insects, whose com-
about fairness (i.e., procedural justice), and the mon ancestor did not have wings.
fairness of sanctions imposed as a response to Aside from determining whether a trait rep-
norm violations (i.e., retributive justice). resents a homology or convergence, compara-
21 Inequity Responses in Nonhuman Animals 389

tive analyses can tell us some things about how think they do, or what they want the experimenter
the trait evolved. For instance, evidence from a to think that they do.
range of species can help us elucidate why the Studies on inequity responses in animals gen-
behavior was favored by natural selection, pro- erally measure subjects’ reactions to getting a
viding information on its evolutionary function. different reward as compared to a partner subse-
Understanding the selective history for a trait quent to both completing the same work. In the
may help to explain situations that do not seem typical procedure, two subjects from the same
beneficial in modern contexts. For example, it social group, seated adjacent to one another,
has been proposed that cognitive and behavioral alternate performing a task (such as exchanging a
biases, or rules of thumb, evolved to help our token with a human experimenter) for a reward.
ancestors make the best decisions, but in current The subject in question receives a less good
times such biases may occasionally lead to sub- reward than (disadvantageous IA) or a better
optimal decision-making (e.g., Haselton et al., reward than (advantageous IA) the partner, and
2009). Additionally, studying how a trait varies their response is compared to a situation when
across multiple species with different environ- both receive the same food. The subjects can eas-
ments provides an understanding of how ecology ily observe the task the other completes and the
and social environment influence the behavior. reward they receive during these interactions.
Behavioral responses generally manifest as nega-
tive reactions such as refusing food rewards or
21.2.2 The Inequity Paradigm refusing to continue participating in the task.
While any response to the different rewards
Much of the research examining the foundations could be due to inequity, it could also be due to
of justice and fairness in animals has employed the discrepancy between the received reward and
experimental economic games based on game the other visible one, independent of whether a
theory (see Konow & Schwettman, 2016, Chap. 5 partner received it. Early studies with nonhu-
of this handbook). Game theory is an analytical man primates demonstrated that they respond
approach used to study decision-making behavior negatively when they get a less good reward
by using simple decisions (e.g., accept or reject) than anticipated. For example, in Tinklepaugh’s
to understand complex behaviors (e.g., inequity). (1928) classic study, macaques observed an
Games derived from experimental economics are experimenter hide a preferred food reward under
ideal for comparative research because these sim- a bucket. The next day he lifted the bucket and
ple decisions easily generalize across multiple allowed the macaques to take the food. At times
species using the same procedures and do not he would, unbeknownst to the monkeys, replace
require training or instruction, both of which may the preferred reward with a piece of lettuce (not a
bias subjects’ choices. Although the goal is to preferred food). In these cases, when the bucket
keep procedures as similar as possible, nonhuman was lifted, the monkeys reacted negatively, leav-
procedures, by necessity, are slightly different ing the lettuce untouched. To control for possible
from those used with humans. One large differ- frustration effects in inequity studies, a control
ence is that the humans interact with an experi- condition is used in which both subjects are
menter of their own species while animals interact shown a more preferred food reward, follow-
with a different species (i.e., a human). Thus, it is ing which they exchange and receive the less
important to include appropriate controls to preferred option. Critically, in this case both
understand the impact of the experimenter on an the subject and the partner receive the less pre-
interaction. Furthermore, while human subjects ferred reward, as compared to the inequity tests,
can verbalize how they feel about inequitable situ- in which the partner receives the more preferred
ations, in other species we can only measure overt reward. Although both food rewards are present
behavioral responses. Of course, this may also be during inequity tests, in these contrast controls,
an advantage; nonverbal procedures allow us to the experimenter explicitly draws the subjects’
report what the subjects do instead of what they attention to this better option. While the out-
390 C.F. Talbot et al.

come—refusal—is the same in the contrast and 21.3 Inequity Responses


inequity conditions, in the latter case the referent in Nonhuman Primates
is social (i.e., someone else’s outcome). Species
can, of course, respond to both individual and The majority of research on inequity responses in
social contrast (i.e., inequity) in different situa- animals has focused on the primates. Within the
tions, but the purpose of these control tests is to great apes, chimpanzees (Brosnan, Schiff, & de
assure that any response in the “inequity” condi- Waal, 2005; Brosnan, Talbot, et al., 2010; but see
tion is due to the fact that the partner received the Bräuer, Call, & Tomasello, 2009) and possibly
more preferred food, rather than just the presence bonobos (Bräuer et al., 2009) react negatively to
of the preferred food. Note that the underlying inequity, but orangutans do not (Bräuer et al.,
mechanism for these reactions is likely the same, 2009; Brosnan, Flemming, Talbot, Mayo, &
but the difference lies in the referent, which is a Stoinski, 2011). Among the New World monkeys
social partner in the case of inequity, but not in tested, Callitrichids (i.e., tamarins and marmo-
the case of contrast effects. sets; Freeman et al., 2013; Neiworth, Johnson,
As mentioned earlier, with nonverbal species Whillock, Greenberg, & Brown, 2009) and squir-
we are measuring behaviors, not intentions, so rel monkeys (Talbot et al., 2011) do not respond
we do not know subjects’ underlying motiva- to inequity, although capuchin monkeys do
tions. Thus, we refer to these as inequity (Brosnan & de Waal, 2003; van Wolkenten,
responses rather than the human term “inequity Brosnan, & de Waal, 2007). Finally, among Old
aversion” that in its inclusiveness of both disad- World species only two macaque species have
vantageous and advantageous inequity implies a been tested, both of which also respond to ineq-
social norm of equity. Similarly, while human uity (Hopper, Lambeth, Schapiro, Bernacky, &
studies of inequity are inexorably linked to issues Brosnan, 2013; Massen, van den Berg, Spruijt, &
of fairness, justice, and morality, these are not Sterck, 2012). However, both between and within
what are being studied in other species. There are each of these species, a great deal of variation has
many reasons for this, but considering the most been observed.
important, in human society, equity and fairness
are valued as moral. This implies an underlying
motivation to maintain equity across various con- 21.3.1 Individual Differences
texts and adhere to social norms. While we can in Inequity Responses
test whether animals monitor and respond to their
own outcome relative to another’s, we do not yet As with humans, primates show individual differ-
have evidence for an adherence to social norms ences in behavior (e.g., Baumert & Schmitt,
or a sense of morality (Brosnan, 2011a, 2014). 2016, Chap. 9 of this handbook) and not all pri-
Instead, what we are studying in other species is mates respond similarly to inequity. When such
precursor behaviors from which a sense of fair- individual differences are uncovered, one goal is
ness and morality may have evolved (Brosnan, to try to relate it to the species’ social and eco-
2014). Thus, responding negatively to getting logical environment. When these differences are
less than a partner is not a sense of fairness but is viewed across species, patterns may emerge that
one of those behaviors that may have led to it are indicative of how factors such as sex, kinship,
(Brosnan & de Waal, 2014). Additionally, the use dominance, reproductive status, environment,
of the term “precursor” is not accidental; in and other aspects of socioecology may influence
chemistry, a precursor molecule is one that, when a particular behavior. For example, there is evi-
acted on by something else, can change in form. dence that, at least in some species, responses to
These precursors to the sense of fairness may do inequity are influenced by sex (Brosnan, Talbot,
the same, for example starting out to serve one et al., 2010), rank (Bräuer, Call, & Tomasello,
purpose, but then evolving to serve another. 2006; Brosnan, Talbot, et al., 2010), social group
21 Inequity Responses in Nonhuman Animals 391

(Brosnan et al., 2005), and age (Hopper et al., (Loewenstein, Thompson, & Bazerman, 1989).
2013; see Sect. 21.7, Conclusions and Future Moreover, couples in close relationships operate
Directions). A recent study that explored several on a more communal basis while those experi-
of these factors in chimpanzees (rank, sex, social encing marital conflict may switch to contingent
group, personality, and duration and quality of record keeping due to perceptions of unfairness
relations) found that personality, in particular, (Clark & Grote, 2003). As with humans, chim-
may significantly impact an individual’s response panzees apparently vary in their response to ineq-
to inequity and contrast. Like humans, nonhuman uity based on their social relationships. In a study
animals are known to show personality differ- that tested inequity responses in chimpanzees
ences or consistent, long-term, behavioral pat- from multiple social groups, four subjects were
terns that are independent of context (Gosling, pair-housed, six came from a recently formed
2001). In this study, different personality dimen- group (within the previous 8 years), and ten came
sions correlated separately with responses to from a long-term social group (housed together
inequity and contrast suggesting that the chim- for more than 30 years). The former two situa-
panzees viewed these two situations differently tions are both unusual for chimpanzees, who
(Brosnan et al., 2015). typically live in large, stable social groups.
Rank is another critical feature for group- Within these groups, males live their entire lives
living primates. Even in species in which the in the same group and females may only change
dominants are tolerant of subordinates, domi- groups once, around puberty (Nishida et al.,
nants are nonetheless accustomed to receiving a 2003). Chimpanzees that were pair-housed or
greater share of food, mates, and social partners. were members of the short-term social group fre-
Similarly, the relative ranks of the participants quently refused to exchange when their partner
may determine their expectations for the division received a better reward, while those individuals
of rewards; we would anticipate that the domi- who had lived together their entire lives showed
nant partner should react more strongly to less little to no response to inequitable outcomes
preferred rewards than should the subordinate (Brosnan et al., 2005). This latter group also
partner. Some evidence supports this; dominant demonstrated high levels of reciprocity in food
chimpanzees respond more strongly to inequita- sharing and grooming (de Waal, 1997), avoided
ble outcomes than do subordinates (Bräuer et al., confrontation (Hare, Call, & Tomasello, 2000),
2006; Brosnan, Talbot, et al., 2010). Capuchin and, when they did fight, exhibited extensive rec-
monkeys do not show rank effects in the standard onciliation after conflict (Preuschoft, Wang,
inequity paradigm (Brosnan & de Waal, 2003; Aureli, & de Waal, 2002), all indicating strong
van Wolkenten et al., 2007), possibly because social relationships. While we cannot determine
dominant capuchins are tolerant of subordinates whether it was the quality of these social relation-
(Fragaszy & Visalberghi, 2004), but do in other ships or the length of time that the subjects had
inequity paradigms (Takimoto, Kuroshima, & lived together that influenced the chimpanzees’
Fujita, 2010). Social status should also influence responses, it seems that something about their
humans’ responses to inequity, and future pri- group membership influenced their behavior.
mate studies may uncover particular contexts or This study also highlights one of the chal-
environments in which the effect is most lenges of studying nonhuman primates; without
pronounced. the ability to ask them about the motivations for
In humans, the quality of the relationship their behaviors, we are left assessing outcomes
between individuals impacts responses to ineq- with no understanding of intention. For instance,
uity. People in positive or neutral relationships in the above study, it is unclear whether the
tend to tolerate disadvantageous inequity whereas decreased refusals in the group with longer term
people in negative relationships do not and also relationships were due to interest in each other’s
become more tolerant of advantageous inequity well-being or a disinterest in interrupting their
392 C.F. Talbot et al.

social relationships. Either is possible given what Considering capuchin monkeys, negative
we know about chimpanzees’ behavior. responses to inequity have been observed in all
Chimpanzees do help one another, both in the lab but one study that included a task (Brosnan & de
(Warneken & Tomasello, 2006) and in natural Waal, 2003; Fletcher, 2008; van Wolkenten et al.,
interactions (de Waal, 2006), so it is feasible that 2007; but see: Silberberg, Crescimbene, Addessi,
they were interested in each other’s outcomes. Anderson, & Visalberghi, 2009), but never in
However, chimpanzees are also very sensitive to studies that did not include a task (Dindo & de
social relationships and work hard to maintain Waal, 2007; Dubreuil, Gentile, & Visalberghi,
the balance that exists in the group (de Waal, 2006; Roma, Silberberg, Ruggiero, & Suomi,
1982). As a result, we do not know whether the 2006). This was even true within the same group
mechanism or mechanisms leading the chimpan- of capuchin monkeys (Brosnan & de Waal, 2003;
zees’ behavior is the same as that in humans. Dindo & de Waal, 2007; van Wolkenten et al.,
That being said, even if the mechanisms differ, 2007). Subsequent within-species tests compared
the fact that similar outcomes have evolved subjects’ responses to unequal outcomes when
implies that social relationships are very impor- they had to work for those rewards to when the
tant in mediating reactions to inequity in both experimenter simply handed them out for “free”
chimpanzees and humans. When using the com- verified that inequity responses occur only in the
parative method, it is important to keep this dis- context of a task in both capuchins (van
tinction between function (or outcome) and Wolkenten et al., 2007) and chimpanzees
mechanism in mind; confounding the two results (Brosnan, Talbot, et al., 2010). Recent work has
both in assuming similarity where none exists shown that the type of task is not important, but
(e.g., assuming that similar mechanisms imply only that a task is required at least in squirrel
similar function), or missing it altogether (e.g., monkeys (Freeman et al., 2013).
assuming that disparate outcomes are under- There are several possibilities for this consis-
pinned by disparate mechanisms). tent effect of the task. First, it may be an artifact of
captivity. Despite caretakers’ best efforts to dis-
tribute food equally, higher ranking individuals
21.3.2 The Role of Effort typically obtain more and better quality foods
than subordinates do through the use of aggres-
One feature that was consistent in early studies of sion or intimidation, so subjects may be accus-
inequity was that the subjects had to complete a tomed to situations in which foods are distributed
task in order to receive their food reward; whether unequally (Brosnan, Talbot, et al., 2010; Sapolsky,
they completed this task and accepted their 2005). Alternatively, if inequity is indeed related
reward was the dependent variable of interest in to cooperation, then these subjects, sitting adja-
determining how they responded to inequity cent to one another and alternating participation
(e.g., Brosnan & de Waal, 2003). However, sub- in the task, may perceive the task as a cooperative
sequent studies did not all include a task, and this one, triggering a sensitivity to inequity (Brosnan,
almost always led to different results. While 2011a, 2011b; see also Sect. 21.5, Evolution of
these results were interpreted as showing that pri- Inequity: Emerging Patterns). In fact, the one
mates did not respond to inequity, the lack of chimpanzee study that found no response to ineq-
effort may have led to subjects interpreting the uity in a task-based paradigm also involved sub-
task differently than in situations in which there jects sitting across from one another, separated by
is a task. Moreover, the dependent variable, a 1 m wide testing space (Bräuer et al., 2009),
refusal, is based only on refusal of the reward rather than adjacent in the same enclosure, which
when no task is involved, which may also affect may support the idea that the chimpanzees did not
results as it is presumably more difficult for a pri- perceive that situation as one of joint action
mate to refuse a food reward than a token. (Brosnan, Talbot, et al., 2010).
21 Inequity Responses in Nonhuman Animals 393

Intriguingly, despite the fact that effort seems enclosure (Brosnan et al., 2005; Brosnan, Talbot,
to be essential in primate studies, in these tests et al., 2010), but not in studies in which they were
subjects do not respond to differences in effort in separate enclosures, seated across from one
when rewards are held constant. When subjects another and separated by a 1 m testing space
had to exchange more (versus fewer) tokens for a (Bräuer et al., 2009). Of course, such constraints
reward, in neither capuchin monkeys (van can point to important factors influencing
Wolkenten et al., 2007) nor chimpanzees responses. As in chimpanzees, the spatial orien-
(Brosnan, Talbot, et al., 2010) did differences in tation between two individuals has proven impor-
the level of effort influence individuals’ behavior. tant for humans in some cognitive tasks. Humans
Similarly, in a study in which chimpanzees had to prefer to sit opposite one another in competitive
wait for 10 s (a long wait for these apes) after tasks, but adjacent to each other in cooperative
exchanging to receive their reward, while their ones. Subjects’ self-reports indicate a strong
partner got the reward immediately, the tempo- interest in eye contact, particularly in the com-
rally disadvantaged chimpanzees did not respond petitive task (Sommer, 1965). This may be par-
differently (Brosnan, Talbot, et al., 2010). Thus ticularly important in inequity, as these responses
far, only one study has showed that capuchin are apparently rooted in cooperation.
monkeys are sensitive to another’s effort in ineq- Additionally, in these studies we measure
uitable situations (Takimoto & Fujita, 2011). whether subjects react to inequity, not whether
Therefore, while a task appears to be essential, they notice it. In fact, it is very likely that subjects
subjects seem to be more tolerant of differences notice inequity but fail to respond. Studies of
in the level of effort than they are to differences in human children that have used explicit measures,
the level of the reward. This is different from such as verbal responses or active division of
humans, who typically expect a greater reward rewards, found little evidence that children
for a greater effort (Lawrence & Festinger, 1962), understand distributive justice before the age of
and thus is an avenue that requires greater five (e.g., Fehr, Bernhard, & Rockenbach, 2008;
exploration. Lane & Coon, 1972), whereas studies using
implicit measures, such as emotional and
behavioral responses, have found that children as
21.3.3 Experimental Context young as 15 months old notice and react to ineq-
uitable distributions (e.g., LoBue, Nishida,
All studies comparing different groups, whether or Chiong, DeLoache, & Haidt, 2011; Schmidt &
not they are of the same species, are faced with Sommerville, 2011; Sloane, Baillargeon, &
unavoidable differences in procedure. In animals, Premack, 2012). This means that animal results
these manifest as differences in housing and hus- need to be compared to humans’ behavioral out-
bandry that are typically beyond the control of the comes, not their reported decisions.
researcher. Facilities vary in size, shape, and spatial
orientation and social arrangements are limited by
the demographics of the group and the relation- 21.4 Inequity Responses
ships among the individuals being tested. in Nonprimates
Unfortunately these factors can greatly impact
responses. Both enclosure size (Bräuer, Call, & Those interested in the evolution of human
Tomasello, 2007) and visual access to other indi- behavior often focus on the primates, as we our-
viduals (Takimoto et al., 2010) influence behavior. selves are primates, however, nonprimate species
Such practicalities may explain some of the may also be informative about the ecological or
conflicting results in inequity studies in chimpan- social conditions under which behaviors evolve
zees. As mentioned earlier, chimpanzees have as well as the contexts under which they vary.
reacted negatively to inequity in studies in which Several studies have used variants of the typical
they were seated next to one another in the same inequity procedure to explore responses in
394 C.F. Talbot et al.

nonprimates. Much work has focused on canids, tively to inequity (Brosnan & de Waal, 2003)
who show sensitivity to fairness and social norms while closely related squirrel monkeys do not
through social play in the wild (Bekoff, 2004). (Talbot et al., 2011). Likewise, among apes,
Lab work on domestic dogs shows that they are humans (Hatfield et al., 1978), chimpanzees
less willing to give a paw on command if rewards (Bräuer et al., 2009; Brosnan et al., 2005;
are given to a partner but they themselves receive Brosnan, Talbot, et al., 2010), and possibly bono-
nothing (Range, Horn, Viranyi, & Huber, 2009; bos (Bräuer et al., 2009) respond negatively to
Range, Leitner, & Virányi, 2012). However, inequity in at least some contexts, but orangutans
unlike primates, dogs did not respond to differ- do not (Bräuer et al., 2009; Brosnan et al., 2011).
ences in food quality, nor did they ever reject a We can also use the existing data to rule out
reward. Dominance also did not influence refus- several other hypotheses. Almost by definition,
als, but dogs who were socially close (i.e., regu- one would only expect to find inequity responses
larly slept in body contact) were more averse to in group-living species; solitary individuals who
unequal outcomes than were dogs with a less meet rarely have little reason to be interested in
affiliative relationships (Range et al., 2012), a another’s outcomes and so it is unlikely that the
pattern that differs from primates (Brosnan et al., trait would have been selected for (although if the
2005) and humans (Clark & Grote, 2003). reaction is the result of a homology, it may be
Regardless of their partner’s payoff, however, apparent in some solitary species nonetheless).
dogs prefer experimenters who give them the However, it is not the case that all group-living
most rewards (Horowitz, 2012), indicating that species respond negatively to inequity. Squirrel
they are more interested in maximizing their own monkeys, who are highly gregarious, do not
reward than equality per se. Other recent work respond to inequity (but do respond to individual
has focused on the corvids, who converge with contrast; Talbot et al., 2011), nor do callithrich-
primates on several behaviors. Crows and ravens ids, who live in close family groups (Freeman
decreased exchanging for a reward when a part- et al., 2013). More specifically, some have sug-
ner received a free gift and refused to work more gested that inequity responses may be a trait
often in the inequity condition than the equity shared among socially tolerant species (Neiworth
condition (Wascher & Bugnyar, 2013). One spe- et al., 2009). However, social tolerance is not
cies that does not respond to inequity is cleaner necessarily a prerequisite, either, as macaques,
fish (Raihani, McAuliffe, Brosnan, & Bshary, who are generally less socially tolerant than
2012), a result we discuss in the next section. many other primates (Thierry, 2000), also
respond to inequity (Hopper et al., 2013; Massen
et al., 2012). Finally, negative responses to ineq-
21.5 Evolution of Inequity: uity do not follow from advanced cognition.
Emerging Patterns Orangutans, who have a very large brain-to-body
ratio and are equivalent to other great apes on
The comparative approach is a powerful tool for cognitive tasks (Shumaker, Palkovich, Beck,
understanding the evolutionary function of a Guagnano, & Morowitz, 2001), are not sensitive
given behavior. By examining inequity across a to their partner’s outcomes (Bräuer et al., 2009;
wide range of species, we can begin to identify Brosnan et al., 2011).
some emerging patterns that may help to eluci- The hypothesis that the inequity response
date the prerequisites for IA. Although only emerged in tandem with cooperation, as a mecha-
about a dozen species have been studied thus far, nism to compare one’s own effort and outcomes
some patterns are already emerging. First, the with that of another (Brosnan, 2006b; Fehr &
variation of responses to inequity indicates that Schmidt, 1999), does fit current evidence in ani-
inequity responses are not a homology among mals (Brosnan, 2006b, 2011b; Price & Brosnan,
primates. For example, within the primate Family 2012; Range et al., 2009; Wascher & Bugnyar,
Cebidae, capuchin monkeys do respond nega- 2013). All of the species that respond to inequity
21 Inequity Responses in Nonhuman Animals 395

habitually cooperate with nonkin in various con- respond to small inequities in close relationships.
texts, including food sharing, cooperative hunt- Supporting this, studies among marital partners
ing, coalitions, and alliances (e.g., Bekoff, 2004; have found that the stage of the relationship
Dugatkin, 1997; Emery, Seed, von Bayern, & between two partners plays an important role in
Clayton, 2007; for a review see Price & Brosnan, determining to what extent they respond to small
2012). Negative reactions to inequity may stabi- inequities, such as the division of household tasks
lize cooperation by helping individuals recognize (Clark & Grote, 2003; Frisco & Williams, 2003;
when a cooperative partner is getting more than Pillemer, Hatfield, & Sprecher, 2008).
their “fair share,” which is a cue that it may be Another interesting exception occurs in
time to find a new, more equitable, partner (e.g., a cleaner fish. Male cleaner fish maintain small
partner choice mechanism). Although this means territories known as cleaning stations where
suffering the short-term cost of finding a new they service “client” fish by removing ectopara-
partner, it has the potential to lead to larger pay- sites and dead skin (Côté, 2000), often working
offs in the future. Note that this behavior does not with unrelated females that inhabit these clean-
necessarily require conscious decision-making ing stations to obtain food (e.g., join client
by the individuals involved. For this behavior to inspections; Bshary, Grutter, Willener, &
be under positive selection, individuals who sam- Leimar, 2008). Nonetheless, cleaner fish were
pled other partners when they were getting less not sensitive to inequity in an experimental
than a current one would have to be more suc- study in which they had to complete a task (tac-
cessful than those who did not sample in this tile stimulation) to receive a reward that some-
way, whether or not they understood their gain. times differed from their partner’s (Raihani
However, responses to inequity are only ben- et al., 2012). However, cleaner fish punish
eficial if the gains of switching to a new partner (Raihani, Grutter, & Bshary, 2010), a behavior
exceed the average net cost of doing so. In cases that is uncommon in primates (Jensen, 2010; see
in which the benefits of maintaining a social part- also Sect. 21.6.3 for more on punishment). It
ner are high (e.g., if the partner is related or may be that cleaners use punishment to change
assists with offspring care), or the costs of finding their partner’s behavior rather than inequity to
a new partner are high (e.g., if finding a new part- identify when it is time to find a new partner
ner would mean giving up a season’s reproduc- (Raihani & McAuliffe, 2012).
tive output), then responding to minor inequities
may not be beneficial. This seems to be the case
with cooperative breeders. These species live in 21.6 Inequity and Related
close-knit family groups consisting of a breeding Behaviors
pair and a number of additional helpers, often
their offspring, to provide alloparental care 21.6.1 Cognitive Requirements
(Clutton-Brock, 2006). This breeding style seems of Inequity Responding
to have influenced their social behavior in a num-
ber of ways (Hrdy, 2009; Van Schaik & Burkart, In order to respond negatively to inequitable out-
2010), and it may be that one of them is to show comes, one must first be able to recognize when
reduced sensitivity to inequity with one’s mate another individual receives a preferred outcome
due to the high costs of finding a new one (Brosnan, 2006a, 2006b). In the case of foods,
(Freeman et al., 2013). Callithrichids, a coopera- this requires differentiating the quality or quan-
tively breeding group of primates, do not respond tity of two foods, which most animals can do
negatively to inequity (Freeman et al., 2013; (Shettleworth, 2009). Individuals must also dif-
Neiworth et al., 2009), nor do owl monkeys, who ferentiate between their own and others’ out-
exhibit biparental care (Freeman et al., 2013). comes. Such discrimination is also necessary for
Humans, too, are cooperative breeders (Hrdy, social learning, which is also widespread across
2009) and so may have been selected not to the animal kingdom (e.g., Zentall & Galef, 1988).
396 C.F. Talbot et al.

Once the inequity is recognized, the individ- experimenter who followed the rules and one
ual must feel strongly enough about the discrep- who did not provide the promised outcomes, sub-
ancy between one’s own outcome and another’s jects showed no preference between the “inequi-
to alter their behavior. Thus, in order to refuse a table” human and the “fair” one, whether they
food reward in tests of inequity, one must be able personally experienced the humans or observed
to control their impulse to obtain an immediate them interacting with other monkeys (Brosnan &
reward or delay gratification. Not surprisingly, all de Waal, 2009), possibly indicating that the intent
of the primate species that so far have shown a of the experimenter did not influence their deci-
negative response to inequity also are able to sions. In similar experiments, neither monkeys
delay gratification in experimental tests (Dufour, (Sheskin, Ashayeri, Skerry, & Santos, 2014) nor
Wascher, Braun, Miller, & Bugnyar, 2012; Evans dogs (Horowitz, 2012) discriminate between
& Beran, 2007; Evans, Beran, Paglieri, & experimenters who previously treated them fairly
Addessi, 2012; Leonardi, Vick, & Dufour, 2012). versus those who did not. While it is possible that
However, not all of the species that demonstrate intentionality influences some primates’
delay of gratification exhibit negative responses responses, as it does humans’, more research is
to inequity (e.g., marmosets: Stevens, Rosati, needed to explore this possibility.
Ross, & Hauser, 2005). Thus, the ability to delay
gratification may be a prerequisite to refusing in
the context of inequity, but inequity responses do 21.6.2 Inequity and Prosocial
not immediately follow from this ability. Behavior
Different species are able to delay gratification
for different periods of time (e.g., Evans et al., The studies earlier all focus on how animals
2012), and it is possible that, once established, respond to receiving less than a partner, or disad-
increased selection for negative responses to vantageous inequity. However, inequity aversion
inequity selected for increased delay of gratifica- in humans includes two components: responding
tion abilities. to being both disadvantaged and advantaged.
Although negative responses to inequity may Advantageous inequity aversion occurs when one
interact with other cognitive mechanisms, they responds to getting more than a partner. Although
do not necessarily involve rational or even con- such reactions are rare in animals, they do occur
scious decision-making. Responses to inequity on occasion. In one study, chimpanzees were
are more likely to be an emotional response, more likely to refuse a highly preferred reward
motivated by personal dissatisfaction rather than when their partner received a less preferred
objective deduction of what is fair or just in the reward (e.g., the subject was advantaged) as com-
situation. Children, too, respond to inequitable pared to when they both received the same higher
distributions by 15 months of age, before they are value reward (e.g., the rewards were equal).
able to articulate and reason about fairness or Although we do not know what the underlying
other moral issues (Schmidt & Sommerville, motivations of the chimpanzees were, they never-
2011; Sloane et al., 2012). On the other hand, it theless noticed and responded to inequitable situ-
will be interesting to see whether the intent of the ations in which they were overcompensated
actor influences animals’ decisions, as it does in (Brosnan, Talbot, et al., 2010).
humans, who refuse unfair offers less often when More commonly studied is prosocial behavior,
a computer dictates the distribution (Blount, in which individuals make choices that provide a
1995). There is evidence that some nonhuman benefit to their partner at no cost to themselves.
primates also understand the intentional actions Although the specifics of the designs vary, in
of others (Call, Hare, Carpenter, & Tomasello, general, subjects’ responses with a partner are
2004). However, in a study in which monkeys compared to their responses to the same reward
were given a choice between working with an distribution when alone; if subjects are truly pro-
21 Inequity Responses in Nonhuman Animals 397

social, rather than simply attracted to an option Functionally, punishment is an act that imposes a
with more total food items, they should selec- cost on another individual while incurring an
tively choose the prosocial option when sitting immediate cost to the actor, but on average, pun-
next to a partner as compared to when by them- ishment results in a long-term benefit to the pun-
selves. Although there is quite a lot of variation isher (i.e., second-party punishment;
in outcomes, across both species and experimen- Clutton-Brock & Parker, 1995; Fehr &
tal paradigms, for most species that have been Fischbacher, 2004). Humans will also punish
tested there is at least some evidence of prosocial others even when they themselves do not directly
behavior (reviewed in de Waal & Suchak, 2010; benefit, but instead the benefits go to the group
Jaeggi, Burkart, & Van Schaik, 2010; Silk & (i.e., third-party/altruistic punishment; Fehr &
House, 2012). Gächter, 2000, 2002). Although second-party
More interesting for our purposes is how sub- punishment has been observed to occur in a wide
jects respond when prosocial tendencies conflict variety of species, from eusocial insects to non-
with equity. In a recent study, capuchin monkeys human primates (e.g., de Waal, 1982; Reeve &
had to choose whether or not to pull in a tray that Gamboa, 1987), third-party punishment is much
would bring their partner either the same reward less common (Jensen, 2010).
(equal options) or a more preferred one (proso- Considering the evidence to date, dominant,
cial options). Prosocial behavior is evident in this but not subordinate, chimpanzees punished
paradigm if subjects pulled in the tray more often thieves when their own food was stolen, but not
when a partner was present than absent (exclud- when someone else’s was, providing evidence of
ing conditions in which the puller itself benefits, second-party, but not third-party, punishment
in which case they should always pull in the tray). (Riedl, Jensen, Call, & Tomasello, 2012). Still,
In situations of moderate disadvantageous ineq- some observations of third parties intervening
uity, capuchin monkeys demonstrated prosocial during conflicts are suggestive of third-party pun-
behavior, delivering low value food to their part- ishment because the actor is seemingly impartial
ner even though the actor itself received nothing. to the outcome (e.g., “policing” de Waal, 1982;
However, when the partner received a highly pre- de Waal & van Roosmalen, 1979; Watts,
ferred food and the subject received either a low Colmenares, & Arnold, 2000). Of course, it is
value food or nothing, prosocial behavior ceased difficult to rule out the possibility that the actors
(Brosnan, Houser, et al., 2010). Thus, although receive some sort of immediate or delayed direct
negative reactions to inequity limited prosocial benefit. However, behavior like this may have
choices, these two behaviors can coexist and been integral in the evolution of third-party pun-
interact to shape behavior. ishment. Male cleaner fish punish noncoopera-
tive females who take a bit of mucus (a preferred
food) out of the client fish rather than eating only
21.6.3 Retributive Responses ectoparasites (see Sect. 21.4). This causes the bit-
to Inequity ten client to flee, depriving both the male and
female of additional foraging opportunities. Such
On the opposite side of the spectrum, inflicting punishment by the male increases the likelihood
harm unto others may be important for the main- that females will behave cooperatively in future
tenance of cooperation, as selfish individuals will interactions (second-party punishment; Raihani
exploit cooperators for a “free ride.” Punishment et al., 2010). This behavior also benefits the client
is one mechanism by which individuals may stop fish, however, who no longer get bitten, and as
free riders from exploiting them (e.g., strong rec- such functions as third-party punishment as well.
iprocity; Boyd, Gintis, Bowles, & Richerson, Raihani et al. (2010) argue that this form of “self-
2003; Gintis, Bowles, Boyd, & Fehr, 2005; serving” third-party punishment may be a key
although see Dreber, Rand, Fudenberg, & Nowak, step in the evolution of altruistic punishment
2008; Rockenbach & Milinski, 2006). observed in humans.
398 C.F. Talbot et al.

If third-party punishment is rare in other spe- ous UG studies in chimpanzees, responders


cies, it may be more beneficial to explore second- accepted all offers, however they switched from a
party punishment, which may also support 90 % preference for a token that brought them
fairness norms, albeit in a self-interested way. more rewards in the UG condition to a 60 % pref-
One task commonly used to explore second-party erence for a token that gave both individuals
punishment is the Ultimatum Game (UG; Güth, equal rewards in the control condition. This was
Schmittberger, & Schwarze, 1982; see also also true for children in a similar task. Although
Konow & Schwettman, 2016, Chap. 5 of this there were no refusals, in both children and chim-
handbook). In the UG, one individual (the pro- panzees responders reacted negatively to unequal
poser) splits a sum of money with another indi- choices, so it is possible that the threat of a refusal
vidual (the responder), who can either accept the (punishment), which is cheaper than refusing a
offer, in which case both individuals receive the positive outcome, was sufficient to change the
proposed allotment, or reject the offer, in which proposers’ behavior in favor of the responder
case neither individual receives any reward. (Milinski, 2013; Proctor, Williamson, de Waal, &
Although rational choice models predict that Brosnan, 2013).
humans should accept any offer, because any
increase is better than none, in reality, people in
Western cultures typically reject when less than 21.7 Conclusions and Future
20 % of the sum is offered (Camerer, 2003). Directions
Possibly because they anticipate this reaction,
proposers typically offer about 40 % of the allot- Comparative research on nonhuman animals pro-
ted sum, which is more than is offered when the vides a way to explore the evolution of humans’
responder does not have the opportunity to reject sense of fairness and justice. Because nonhuman
offers. Versions of this task with animals and primates cannot be asked how they feel about
small children typically use a so-called limited various scenarios, as we would do with humans,
form UG, in which the proposer can choose from this research instead places subjects in situations
one of only two distributions, which may be eas- in which an experimenter creates inequity
ier for them to understand. between the subject and a conspecific social
Three UG studies have been run in chimpan- partner. Subjects who react negatively, for
zees. In two of these, proposers offered the small- instance refusing rewards or refusing to partici-
est amount and responders accepted virtually all pate, are considered to respond negatively to
offers, including those in which they received inequity. These studies have found that, like
nothing (Jensen, Call, & Tomasello, 2007; Kaiser, humans, some nonhuman species respond nega-
Jensen, Call, & Tomasello, 2012). In these stud- tively to inequitable outcomes. Also like humans,
ies, the way in which the responder could refuse different individuals react differently, and cur-
was to fail to pull in a tray of food (i.e., inhibit an rently there is research underway to try to deter-
action), rather than actively choosing to reject. mine which factors are key in influencing
Such inhibitory responses are difficult even for animals’ responses. The distribution of negative
humans; humans asked to wait 1 min to refuse an responses to inequity across species indicates
offer in a face-to-face context accepted most that it is closely linked to cooperation; that is,
offers, as did the chimpanzees (Smith & species that cooperate extensively outside of kin-
Silberberg, 2010). In the third study, proposers ship and pair-bond relationships are more likely
had to choose a token and pass it to their partner, to respond negatively to inequitable outcomes.
who could then either accept the offer by return- Thus, responses to inequity may function to
ing the token to the experimenter or not, refusing allow individuals to compare their own outcomes
the offer. Their choices were compared to those with those of another, allowing them to choose
in a control condition in which the responder fair partners for cooperative interactions. Finally,
could not influence the outcome. As with previ- inequity responses are likely driven by and inter-
21 Inequity Responses in Nonhuman Animals 399

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Part V
Beyond Justice
Morality and Justice
22
Linda J. Skitka, Christopher W. Bauman,
and Elizabeth Mullen

Morality and justice have apparent similarities. Piaget, 1932/1997; Kohlberg, 1981). Others view
Both facilitate social interaction, coordination, morality as one of several possible motivations
and cooperation. Both can feel like external stan- for justice (e.g., Folger, 2001; Skitka, 2003). Still
dards that somehow should carry more weight others argue that justice is merely one component
than individuals’ preferences. That said, morality of morality (e.g., Haidt & Joseph, 2004). The
and justice are not synonymous. Scholars as far goals of this chapter are therefore to (a) review
back as Aristotle have identified ways that moral- these different perspectives on morality and jus-
ity and justice differ (see Konow, 2008). In this tice, and (b) offer constructive critiques and iden-
chapter, we review research programs from the tify ways that these theories might inform each
literatures on moral development, the social psy- other. We conclude that three separate literatures
chology of justice, and the burgeoning social converge on the basic idea that morality and jus-
psychological literature on adult morality and tice are distinct but related constructs. However,
examine how scholars have conceptualized the no consensus exists regarding more specific
relation between morality and justice. We review aspects of the relation between the constructs.
these literatures in roughly chronological order to
illustrate how theorizing and research about
morality and justice has changed over time. 22.1 Moral Development
We find a great deal of variability in how theo- and Justice
rists have approached links between morality and
justice. Some treat them as the same construct 22.1.1 Classic Theories of Moral
(e.g., classic theories of moral development; Development

Justice has had a long and deep connection to


L.J. Skitka (*) theory and research on moral development,
University of Illinois at Chicago, Chicago, IL, USA beginning with Jean Piaget’s focus on the moral
e-mail: lskitka@uic.edu
lives of children as revealed through games and
C.W. Bauman play. He observed that children’s games are dom-
University of California, Irvine, CA, USA
inated by concerns about fairness (Piaget,
e-mail: cwbauman@exchange.uci.edu
1932/1997). In early years, children are very con-
E. Mullen
cerned about following the rules, but they also
San Jose State University,
San Jose, CA, USA begin to understand that rules are relatively arbi-
e-mail: mullen@gwu.edu trary as they develop. Finding ways to coordinate

© Springer Science+Business Media New York 2016 407


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_22
408 L.J. Skitka et al.

play to facilitate group function becomes more 1982). There also have been many critiques of
important than the rules themselves. Piaget there- the evidence that Kohlberg tried to mount in sup-
fore came to view moral development as the port of the notion that moral development occurs
result of interpersonal interactions through which in universal ordered stages (e.g., Simpson, 1974;
people find solutions all will accept as fair Sullivan, 1977).
(Piaget, 1932/1997).
Kohlberg (1981) embraced and elaborated on
Piaget’s conclusion that moral development is 22.1.2 Contemporary Theories
rooted in justice. Kohlberg described the stages of Moral Development
of moral development in a variety of ways, but
one clear way he thought they differed was in the Contemporary theories of moral development
motivation that drives justice judgments. In have adapted some components of Kohlberg’s
Stages 1 and 2, people do little more than seek to ideas, but have dropped its most controversial
avoid punishment and obtain rewards. Their con- aspects, including normative claims that some
ceptualization of justice is mainly defined by stages of moral development and reasoning are
self-interest. At Stages 3 and 4, people begin to better or worse than others. Ties between moral
consider others’ expectations for their behavior development and justice operations remain, but
and the implications of their behavior for society the emphasis on justice is not as strong in con-
as a whole. They show concern for other people temporary theories of moral development as they
and their feelings, follow rules in an effort to be were in Kohlberg’s writing about the topic. Next,
seen as a good person, and feel an obligation to we review two of these contemporary theories:
contribute to the group, society, or institution. At Moral schema and domain theory.
Stage 5, people define justice in terms of uphold-
ing people’s basic rights, values, and the legal Moral schema theory. Moral schema theory
contracts of society. People at this stage under- reconceived Kohlberg’s stages as cognitive sche-
stand social life is a social contract to abide by mas (Rest, Narvaez, Bebeau, & Thoma, 1999a,
the laws for the good of all and to protect the 1999b). According to this theoretical update,
rights of the individual and the group. Finally, at people use three kinds of schemas to make socio-
Stage 6, people believe that laws or social agree- moral judgments: personal interest, norm mainte-
ments are valid only if they are based on univer- nance, and post-conventional. The personal
sal principles, and their justice judgments are interest schema develops in early childhood, the
motivated by concerns about self-condemnation norm maintenance schema develops during ado-
rather than social approbation. In short, people lescence, and the post-conventional schema
become increasingly able to take into account the develops in late adolescence and adulthood. Once
perspectives of others as they progress through formed, people can use any one of the schemas to
the stages, and the source of moral motivation guide their judgments and behavior, and theoreti-
shifts from outside (i.e., heteronomy) to inside cally can move fluidly between them as a func-
the individual (i.e., autonomy). tion of how well features of situations and social
Although Kohlberg’s theory was enormously relationships map onto and therefore prime the
influential, it nonetheless has a host of problems. activation of one or another core schema.
For example, people seldom give responses to When people apply the personal interest
moral dilemmas that can be completely encapsu- schema, they tend to focus on their own self-
lated or described by any single Kohlbergian interests in a situation or justify the behavior of
stage. The theory also has been criticized for others in terms of their perceptions of others’
championing a Western worldview and being personal interests. The norm maintenance
culturally insensitive (e.g., Simpson, 1974; schema focuses on (a) the needs of cooperative
Sullivan, 1977), and sexist in both its construc- social systems and the group, (b) a belief that
tion and interpretation of morality (Gilligan, living up to these norms and standards will pay-
22 Morality and Justice 409

off in the long run, and (c) a strong duty orienta- create and maintain order within the group.
tion, whereby one should obey and respect Conventions are arbitrary in the sense that they
authorities. Finally, the post-conventional depend on group norms and practices rather than
schema primes a sense of moral obligation based intrinsic features of the actions they govern. For
on the notions that laws, roles, codes, and con- example, greeting someone with a handshake or
tracts facilitate cooperation. However, people by showing them the back of your hand with just
also recognize that these standards are relatively your middle finger extended is only meaningful
arbitrary, and there are a variety of social in a particular society that has established rules
arrangements that can achieve the same ends. about those actions. Other societies have estab-
This schema leads people more toward an orien- lished different practices for greetings that are
tation that duties and rights follow from the equivalent in terms of how they regulate interper-
greater moral purpose behind conventions, not sonal interactions (e.g., kisses on the cheek, flick-
from the conventions themselves. Post- ing your hand under your chin); nothing about
conventional thinking therefore focuses people these actions in-and-of-themselves is inherently
on ideals, conceptions of the ultimate moral right or wrong. In sum, morals and conventions
good or imperative (Rest et al., 1999a). Although both establish permissibility or impermissibility
moral schema theory does not explicitly refer- and create social order, but conventions depend
ence justice or justice operations, Rest et al. on group context whereas morals are viewed as
(1999a, 1999b); Rest, Narvaez, Bebeau, and more universal. In domain theory, as in formalist
Thoma (1999b) nonetheless emphasize that their ethics, morals (a) are not based on established
theory is fundamentally about justice: “We still rules (i.e., rule contingency), (b) prohibit rules
agree with Kohlberg that the aim of the develop- that would sanction undesirable actions (i.e., rule
mental analysis of moral judgment is the rational alterability), and (c) generalize to members of
reconstruction of the ontogenesis of justice oper- other groups and cultures (i.e., rule and act
ations” (Rest et al., 1999b, p. 56). generalizability).
Supporting the notion that there is an impor-
Domain theory. Domain theory was proposed as tant psychological distinction between the moral
an alternative view of moral development as criti- and conventional domains, people judge and pun-
cism of Kohlberg’s theory began to mount. A key ish moral transgressors more severely than those
observation that helped launch domain theory who break conventions (Smetana, 2006; Turiel,
was that people, even young children, differenti- 1998). Additionally, moral rules do not depend
ate between actions that harm innocent people on authorities. Children say that hitting and steal-
and those that break rules but do not harm anyone ing are wrong, even if a teacher says it is okay
(Turiel, 1983; see also Nucci & Turiel, 1978; (Nucci & Turiel, 1978; Smetana, 1981, 1984).
Smetana, 1981). Based on growing support for Similarly, children endorse obedience to moral
the distinction between transgressions that do requests (e.g., to stop fighting) made by any per-
versus do not harm someone, Turiel surmised son, including other children, but they only
that two distinct systems underlie people’s judg- endorse obedience to norms (e.g., seat assign-
ments of social events; a system focused on ments) from legitimate authorities (Laupa, 1994).
morality and another on social convention. Domain theory therefore provides a clear account
Domain theory defines morality as concep- of when and why people sometimes are willing to
tions of rights, fairness, and human welfare that break rules to achieve what is in their view a
depend on inherent features of actions (Turiel, greater good. Moral rules supersede social con-
1983). For example, punching a stranger in the ventions and provide both the motivation and the
face for no reason is wrong because it hurts rationale that attempts to change the system
someone, not because it violates a law, social requirement.
rule, or custom. Social conventions, in contrast, In summary, moral developmental theory
are rules that a particular group has adopted to began with the core assumption that morality and
410 L.J. Skitka et al.

justice operations were functionally the same psy- In the early 1980s, justice theory and research
chological constructs. Although the emphasis on shifted from a dominant focus on distributive
justice operations is less explicit in contemporary justice to consider the role that procedures play
moral developmental theory than it was in Piaget in people’s conceptions of fairness, with a cor-
and Kohlberg’s work, these theories nonetheless responding shift in assumptions about the
continue to assume that justice and morality are motives that drive people’s concern with fair-
either very deeply connected if not the same psy- ness. Procedural justice theorists posited that
chological construct. Integrating the domain the- people’s concern about being fairly treated is
ory distinction between morality and convention driven more by relational motives, such as needs
with social psychological theory and research on to feel valued, respected, and included in impor-
justice, however, suggests the connections are not tant groups, than it is by material self-interests
as deep as these theorists might believe—an issue (e.g., Lind & Tyler, 1988; Tyler & Lind, 1992).
we revisit in the concluding section of this Both the quality of decision-making procedures
chapter. and the quality of interpersonal treatment pro-
vided by decision-making authorities, provide
individuals with important information about
22.2 Morality their status and standing within a group (Blader
from the Perspective & Tyler, 2003).1
of Justice Theory Morality as a consideration or motivation that
and Research shapes people’s justice reasoning is a relatively
new development in justice theorizing and
Justice theory and research evolved almost research. Some of this work connects with the
entirely independently of theory and research in historical focus of justice research on questions
moral development. Moral development theory of distributive and procedural justice, and some
and research was focused on improving child- of it does not, but each of these perspectives
hood education. Justice theory and research, in nonetheless posit that morality—and not only
contrast, was initially motivated by a desire to self-interest or relational needs—plays a role in
understand the factors that affect satisfaction how people think about fairness.
with promotion decisions and wages, and the
implications of just or unjust treatment on worker
productivity (e.g., Adams, 1965; Stouffer,
Suchman, DeVinney, Star, & Williams, 1949).
Early justice theory and research focused largely 1
Some scholars consider interpersonal treatment a dimen-
on questions of distributive justice, that is, how
sion of procedural justice (e.g., Blader & Tyler, 2003),
people believe the benefits and burdens of social others argue that interpersonal treatment from those who
cooperation should be distributed. Theories of implement procedures is a separate construct termed
distributive justice generally assume that people interactional justice (Bies, 2005; Bies & Moag, 1986).
Meta-analyses indicate that interactional justice and pro-
approach life as a series of negotiated exchanges,
cedural justice are highly overlapping but nonetheless dis-
and that human relationships and interactions are tinguishable constructs (Cohen-Charash & Spector, 2001;
best understood by applying subjective cost- Colquitt, Conlon, Wesson, Porter, & Ng, 2001). For exam-
benefit analyses and comparisons of alternatives. ple, people tend to experience higher levels of interac-
tional justice when decision makers provide justifications
Although based on an assumption that people are
and explanations for outcomes compared to when they do
rationally self-interested, these theories also pro- not, irrespective of the decision-making procedures used
pose that properly socialized persons learn that to to generate the outcomes. Although theorists suggested
maximize rewards in the long run, they need to from the outset that poor treatment can prompt moral out-
rage (Bies, 1987), the potentially unique link between
understand and adhere to norms of fairness in
moral motivation and interactional justice has only
their relationships with others (e.g., Walster, recently begun to be emphasized and articulated in detail
Walster, Berscheid, & Austin, 1978). (e.g., Spencer & Rupp, 2009).
22 Morality and Justice 411

22.2.1 Moral Exclusion and the Scope rather than all of morality. In addition, there is
of Justice confusion about whether the scope of justice
should be conceptualized as a dichotomous (in
The scope of justice is defined as the boundary which case targets are either in or out of the scope)
condition on when morality and justice are per- or continuous variable (in which case exclusion
ceived as applicable concerns: Moral rules and can range from mild to severe, Hafer & Olson,
justice considerations only theoretically apply to 2003). The scope of justice concept also implies
those psychologically included in people’s scope that if someone is “inside the scope,” then they get
of justice (Opotow, 1990). Moral exclusion, a positive treatment, whereas if they are outside the
related concept, refers to the entities (e.g., indi- scope, they do not. What this conceptualization
viduals, groups of people, or animals) that are ignores is the possibility that entities—regardless
excluded from people’s scope of justice and of whether they are included or excluded from
therefore not considered as having the right to perceivers’ scope of justice—can vary in whether
fair or moral treatment (Opotow, 1995). they are perceived as deserving positive or nega-
Theory and research on the scope of justice has tive treatment (Hafer & Olson, 2003).
its roots in evidence that people are relatively hard
wired to sort others into categories of “us” versus
“them” (Deutsch, 1990). Categorizing entities in 22.2.2 The Functional Pluralism
this way corresponds with a tendency to see peo- Model of Justice
ple within one’s group (and therefore scope of
justice) as good, and those outside of it as less so The functional pluralism model of justice
(e.g., Tajfel, Billig, Bundy, & Flament, 1971). attempts to integrate moral concerns into how
The consequences of moral exclusion theoreti- people think about questions of procedural and
cally range from mild kinds of micro-aggression distributive justice. According to the functional
(e.g., verbal or behavioral indignities; Sue, pluralism model of justice (Skitka, 2003; Skitka,
Bucceri, Lin, Nadal, & Torino, 2009) to much Aramovich, Lytle, & Sargis, 2009; Skitka &
more harmful forms of exclusion, including exter- Wisneski, 2012), the adaptive challenges people
mination, genocide, slavery, or mass internments confront in their everyday lives require the abil-
(e.g., DeWind, 1990; Nagata, 1990, 1993; Staub, ity to move fluidly between different goal states
1990). Consistent with scope of justice predic- or motives. For example, people have to resolve
tions, people are less likely to support social poli- the problems of (a) competing for scarce
cies designed to help excluded groups (Beaton & resources, such as wages or jobs (the economist),
Tougas, 2001; Opotow, 1994; Singer, 1996), more (b) how to get along with others and secure their
likely to deny excluded groups legal procedures standing in important groups (the politician), and
and rights (Boeckmann & Tyler, 1997), and more (c) building a meaningful sense of existence (the
likely to express apathy when they witness nega- theologian).2 In short, the functional pluralism
tive treatment of excluded than included groups model’s position is that people are intuitive econ-
(Brockner, 1990; Foster & Rusbult, 1999). omists, politicians, and theologians. Which
Although the notion that people maintain a homunculus is piloting the ship at any given time
scope of justice has been generative, it has not (so to speak), depends on the current goal orien-
escaped constructive criticism. Among other tation of the actor and the salience of various
issues, there is not agreement that justice and situational cues that could activate one or another
morality are functional equivalents, or if instead, of these mindsets.
justice is only one aspect of morality or ethics
(Hafer & Olson, 2003). Although Opotow and
others treat these concepts as relatively inter- 2
Other mindsets or perspectives that can influence percep-
changeable, it might be preferable to narrow the tions of fairness are the intuitive scientist and prosecutor
“scope of justice” term to concerns about fairness, (see Skitka & Wisneski, 2012 for a review).
412 L.J. Skitka et al.

The intuitive economist. People take the perspec- one’s life who control valuable resources and
tive of an intuitive economist when situations who have some legitimate right to inquire into the
prime a materialistic mindset. According to the reasons behind one’s opinions or decisions. This
functional pluralism model of justice, material knowledge activates the goal of establishing or
goals and concerns are most likely to be activated preserving a desired social identity vis-à-vis
when (a) there is a possibility of material gain, (b) these constituencies” (Tetlock, 2002, p. 454).
the relational context is defined in market terms, The functional pluralism model predicts that
and (c) other goals are not particularly salient. people are more likely to take the perspective of
Contexts that prime the intuitive economist there- the intuitive politician when: (a) their material
fore include negotiations for goods and services, needs are at least minimally satisfied, (b) their
purchases, investments, and other contexts in needs for belongingness, status, and inclusion are
which the primary goal is material exchange. not being met or are under threat, (c) the potential
When the intuitive economist, or materialistic for significant relational losses or gains are made
mindset is activated, people define equitable out- especially salient, (d) the dominant goal of the
comes as more fair than outcomes distributed social system is to maximize group harmony or
equally or on the basis of need (e.g., Deutsch, solidarity, (e) people’s interdependency concerns
1985), a finding that is robust across cultures are primed, and (f) accountability demands are
(Fiske, 1991). They also become physiologically high (Skitka, 2003; Skitka & Wisneski, 2012).
distressed at either inequitable underpayment or Consistent with the idea that the goals associ-
overpayment, and adjust their level of effort and ated with the intuitive politician perspective
productivity to restore equity (see Walster et al., influence people’s reasoning, people care more
1978 for a review). Although no research to our about procedures and interpersonal treatment
knowledge has studied the degree to which an intu- than material outcomes when (a) social identity
itive economist mindset affects perceptions of pro- needs are particularly strong, (b) perceivers are of
cedural justice, there are some logical possibilities. low rather than high status, (c) status concerns
For example, intuitive economists should be espe- are primed, and (d) they are high rather than low
cially concerned about consistency, for example, in interdependent self-construal and interdepen-
that pricing rules or compensation guidelines are dent self-construal is activated (see Skitka &
applied in the same way irrespective of who is pur- Wisneski, 2012 for a review). In a related vein,
chasing the goods or performing the service. Given people are more likely to accept negative or unfa-
that voice effects on procedural fairness are vorable material outcomes when they are the
explained to some degree by the instrumental ben- result of fair rather than unfair procedures (the
efits of process control (e.g., Lind, Kanfer, & “fair process effect,” e.g., Folger, 1977), in part
Earley, 1990), people in an intuitive economist because these procedures convey information
mindset might also be especially sensitive to oppor- about belongingness (e.g., De Cremer & Alberts,
tunities for voice, but primarily for instrumental 2004) and respect (Lind & Tyler, 1988; Tyler &
rather than noninstrumental reasons. Lind, 1992). In short, people sacrifice material
interests to serve social identity needs and goals,
The intuitive politician. When situations activate when social identity needs are more salient than
an intuitive politician mindset, people are moti- material ones.
vated to achieve and maintain a position to influ- Variables related to social identity also influence
ence others, to accumulate the symbols, status, people’s judgments of distributive justice. For
and prestige associated with influence and power, example, people primed with solidarity and group
and seek approval from the social groups and harmony goals, who are chronically higher in com-
individuals to whom they are accountable munal or interpersonal orientation, or who take a
(Tetlock, 2002). Intuitive politicians’ motivation group rather than an individual level perspective,
is rooted in “the knowledge that one is under the are more likely to allocate material rewards equally
evaluative scrutiny of important constituencies in than equitably, and to rate equal allocations as more
22 Morality and Justice 413

fair than equitable ones. Other research indicates cases, they can simply evaluate whether authori-
conceptions of fairness vary as a function of the ties get it “right.” “Right” decisions indicate that
social role of the perceiver. For example, when authorities are appropriate and work as they
one’s social role as a parent is more highly acti- should. “Wrong” answers signal that the system
vated, one is more likely to perceive allocations is somehow broken and is not working as it
based on need as fairer than those based on equity should. Consistent with these ideas, people’s fair-
or equality (see Skitka & Wisneski, 2012 for a ness reasoning is driven more by whether author-
review). ities get it “right” than by whether authorities
provide opportunities for voice, respect the dig-
The intuitive theologian. People adopt an intui- nity of those involved, or otherwise enact proce-
tive theologian mindset when they are motivated dural fairness when people have a moral
more by concerns about morality and immorality investment in decision outcomes (e.g., Bauman
and questions of the greater good than by either & Skitka, 2009; Skitka, 2002; Skitka & Houston,
their social standing or material self-interest. 2001; Skitka & Mullen, 2002; Skitka, Aramovich
People should be more likely to use a moral et al., 2009; Skitka, Bauman & Lytle, 2009).
frame of reference for evaluating fairness when In summary, theories of procedural and dis-
(a) their material and social needs are minimally tributive justice have emphasized materialistic
satisfied, (b) they have a moral conviction about and social motivations underlying justice and
the outcome being decided (e.g., whether abor- ignored or dismissed the possibility that people’s
tion is or is not legal); (c) moral emotions are conceptions of fairness might connect to underly-
aroused, such as moral outrage, guilt, or shame; ing moral motives. Justice theory and research
(d) there is a real or perceived threat to people’s has been preoccupied with which of these two
conceptions of morality (not just normative con- motives—materialistic/egoistic motivation ver-
ventions), (e) people’s sense of personal moral sus social identity and belongingness—best
authenticity is questioned or undermined, or (f) explains people’s reasoning about procedural and
people are reminded of their mortality (Skitka, distributive fairness. A working definition of jus-
2003; Skitka, Aramovich et al., 2009; Skitka & tice and what it means to people, however, could
Wisneski, 2012). just as reasonably start with morality, righteous-
Consistent with these hypotheses, people are ness, virtues, and ethics rather than with self-
more likely to believe that duties and rights fol- interest, belongingness, or other nonmoral
low from the greater moral purposes underlying motivations. The functional pluralism model of
rules, procedures, and authority dictates, than justice treats materialistic and social identity con-
from the rules, procedures, or authorities them- cerns as valid motivations that can contingently
selves when they have a moral investment in out- influence how people think about fairness
comes (Skitka, Bauman & Lytle, 2009; see also (instead of framing these as competing theoreti-
Kohlberg, 1976). Moral beliefs are not by defini- cal alternatives), but it also recognizes that moral
tion antiestablishment or anti-authority; they just concerns sometimes shape people’s fairness rea-
are not dependent on establishment, convention, soning as well.
rules, or authorities. Instead, when people take a
moral perspective, they focus more on their ide-
als, and the way they believe things “ought” or 22.2.3 Fairness Theory and the
“should” be done, than on a duty to comply with Deonance Approach
authorities. When people have moral certainty
about what outcome authorities and institutions Fairness theory focuses less on questions of pro-
should deliver, they do not need to rely on stand- cedural and distributive fairness, and more on
ing perceptions of legitimacy as proxy informa- people’s reactions to transgressions. Fairness
tion to judge whether the system works—in these theory posits that justice is fundamentally about
414 L.J. Skitka et al.

accountability and the assignment of blame in Rupp, 2010). However, deontic responses also
response to counter-normative outcomes and include opportunities for social reconciliation,
interpersonal conduct (Cropanzano, Byrne, which open the door to future interactions once
Bobocel, & Rupp, 2001; Folger & Cropanzano, a situation has been satisfactorily resolved.
1998, 2001; Folger, Cropanzano, & Goldman, Taken together, these aspects of the deontic
2005). According to the theory, perceived fair- approach highlight a facet of the way people
ness depends on people’s answer to three central experience injustice that has been absent from
questions: (a) Would the situation have turned out many theories of justice.
better if things were done differently? (b) Could In summary, fairness theory attempts to
the actor have behaved differently? (c) Should the integrate and organize theory and research on
actor have behaved differently? That is, “would” moral judgment with justice, and proposes the
judgments assess whether something negative social cognitive and emotional processes that
occurred by considering counterfactual alterna- may underlie when, why, and how people judge
tives as reference points. “Could” judgments and react to unfairness. Empirical research that
determine whether the actor realistically could formulates and tests specific hypotheses
have chosen a different course of action. “Should” derived from fairness theory has recently gath-
judgments ascertain whether the actor violated ered momentum (e.g., Umphress, Simmons,
moral or ethical standards. In short, people judge Folger, Ren, & Bobocel, 2012), but as with any
fairness by comparing aspects of events associ- relatively young theory, there are many areas
ated with accountability to counterfactual of fairness theory that remain untested, unad-
alternatives. dressed, and underspecified. For example, fair-
The “should” component of fairness theory ness theory currently has only addressed
explicitly links justice and morality. It argues negative events, that is, people’s responses to
that perceived transgressions of moral norms perceived transgressions. Although the theory
for interpersonal conduct—the product of may ultimately be extended to explain people’s
“should” judgments—arouse deonance, a moti- reactions to positive events (Folger &
vational state akin to reactance and dissonance Cropanzano, 2001), asymmetries in how peo-
(Folger, 1998, 2001). Deontic responses have at ple process positive and negative events are
least five important attributes that distinguish likely to complicate this effort (e.g.,
them from other responses to unfairness (Folger Baumeister, Bratslavsky, Finkenauer, & Vohs,
et al., 2005). Deontic responses often involve 2001). Therefore, fairness theory provides a
rapid evaluations of situations that alert per- broad framework for understanding justice
ceivers to injustice. Although people can and judgments in the context of transgressions that
do consciously deliberate about justice, initial may provide increasing utility as it continues
appraisals of unfairness can arise from auto- to develop.
matic attribution processes that detect and cat-
egorize stimuli as negative for the perceiver.
Deontic responses do not always serve individ- 22.3 Justice from the Perspective
uals’ self-interest and often include strong of Theory and Research
emotions, especially anger and hostility that on Adult Morality
drive behavioral responses. Furthermore, deon-
tic responses prompt a desire for retribution. Justice theorists are not alone in their recent
Rather than seek compensation for the losses interest in morality; in recent years other social
they incurred, aggrieved persons can be moti- psychologists have also become fascinated by
vated to restore justice through punishment or morality. We turn next to how social psycholo-
other means perceived to decrease the likeli- gists interested in morality have made connec-
hood of future violations (e.g., Skarlicki & tions with psychological concerns with justice.
22 Morality and Justice 415

22.3.1 Moral Foundations Theory To date, however, empirical research on addi-


tional candidates for “foundationhood” has
Moral foundations theory (MFT) incorporates focused mainly on Liberty/oppression, which
concerns with justice as part of a larger pluralist underlies the negative reactions people have to
theory of morality. Drawing on similarities individuals or institutions that meddle in the lives
between works in anthropology (e.g., Fiske, of others (see Iyer, Koleva, Graham, Ditto, &
1992; Shweder, Much, Mahapatra, & Park, Haidt, 2012).
1997), and evolutionary theories of human soci- The harm and fairness foundations are indi-
ality, Haidt and colleagues proposed MFT (Haidt vidualizing foundations (in which individuals are
& Joseph, 2004, 2007; Haidt & Graham, 2007; the locus of moral value, and concerns with
see Graham et al., 2013 for a review) to explain autonomy and protecting individuals’ rights are
variation in morality across (sub)cultures. In par- paramount), whereas in group, authority and
ticular MFT argues that there is a small set of purity are binding foundations (in which the
innate “foundations” upon which cultures con- group is the locus of moral value, and concerns
struct their moral systems. Thus, MFT argues with loyalty, duty, and self-control are para-
some aspects of morality are organized in mount; Graham et al., 2009). Haidt and col-
advance of experience (Marcus, 2004), but never- leagues argue that most research in moral
theless get revised during childhood through cul- psychology has tended to focus on the individual-
tural practices and experiences. The revision izing foundations, and has neglected the other
process accounts for the diversity of moralities foundations.
witnessed across cultures and across groups Much of the research on MFT has been applied
within a culture (Graham, Haidt, & Nosek, 2009). to understanding ideological disagreements
MFT asserts that there are at least five moral between liberals and conservatives (and of late,
foundations: (1) Harm/care, (2) Fairness/reci- libertarians). In particular, Haidt and colleagues
procity, (3) In-group/loyalty, (4) Authority/ have argued that liberals endorse the harm and
respect, and (5) Purity/sanctity (Graham et al., fairness foundations more than the other founda-
2013). The harm/care foundation underlies vir- tions, whereas conservatives tend to endorse all
tues of kindness, generosity, and nurturance and five foundations more equally (Graham et al.,
evolved from our ability to feel the pain of others. 2009; Haidt & Graham, 2007); both groups
The fairness/reciprocity foundation underlies equally endorse liberty (Graham et al., 2013).
ideas of justice, rights, equity, and autonomy and Thus, according to MFT, the root of some ideo-
is related to the process of reciprocal altruism. logical disagreements rests in the fact that con-
The in-group/loyalty foundation underlies the vir- servatives endorse moral principles that liberals
tue of self-sacrifice for the group and values such don’t recognize as moral (Haidt & Graham,
as loyalty and patriotism; it evolved in response to 2007). MFT and moral motives theory (reviewed
our ancestors’ ability to form shifting coalitions. later in this chapter) together suggest that justice
The authority/respect foundation underlies the researchers may have missed an important mod-
virtues of obedience to legitimate authorities and erator of how people judge fairness, specifically,
respect for tradition; it evolved from our history of the political orientation of the perceiver.
hierarchical social interactions. Finally, the purity/ Although MFT has generated a lot of research
sanctity foundation underlies ideas about religios- in the short time since its original formulation, it
ity and how the body can be desecrated by con- has also been subject to criticism (for a review
taminants and impure activities; it evolved from see Graham et al., 2013). In particular, MFT has
disgust mechanisms that protect the body. been criticized for lacking conceptual clarity on
Notably, Haidt and colleagues believe that several what constitutes a foundation and for not provid-
additional foundations may exist, including but ing enough evidence that moral intuitions are in
not limited to Liberty/oppression, Efficiency/ fact innate (Suhler & Churchland, 2011). Some
waste, and Ownership/theft (Graham et al., 2013). scholars reject its pluralist perspective and argue
416 L.J. Skitka et al.

that all morality comes down to the dimension of Social relationships generally fit one of four
harm (Gray, Young, & Waytz, 2012). Others basic relational models: communal sharing,
argue that only the harm and fairness dimensions authority ranking, equality matching, and market
are truly moral, and the other foundations repre- pricing (Fiske, 1991, 1992; see also Haslam,
sent conventional beliefs (e.g., Jost, 2009). Still 2004). How people define fairness and morality
others criticize MFT for missing vital elements therefore depends on the relational system. In
of morality (see Janoff-Bulman’s work reviewed communal sharing relationships, all people within
below) or for not paying enough attention to the a given group (e.g., a family) hold equivalent and
relational context in which concerns about moral- undifferentiated status and can expect equal
ity arise (Rai & Fiske, 2011). The authors of access to resources, but the same is not true for
MFT acknowledge these criticisms in their recent outsiders. The authority ranking model provides
writings and discuss ways that MFT could organization within a group by introducing asym-
address these criticisms in future research metry among members according to ordinal posi-
(Graham et al., 2013). tions that indicate linear patterns of dominance
In summary, MFT argues that concerns about and deference. In equality matching relationships,
harm and justice (which have been the dominant people seek to balance their outcome relative to
focus in the literatures on moral development and others’ in terms of both valence and magnitude
the social psychology of justice) are only two along one dimension at a time (e.g., effort). In
foundations on which morality is built. By draw- market pricing relationships, people take into
ing our attention to other possible foundations of account a wide array of disparate dimensions of
morality (e.g., authority), MFT has highlighted comparison and combine them along a common
that justice and morality are not identical con- metric (often money) into a single ratio that facili-
cepts because concerns about justice and harm tates complex comparisons and exchanges. The
are only part of the larger pie of morality. four basic relational models help people antici-
pate and coordinate behavior, evaluate interac-
tions and exchanges, and identify transgressions.
22.3.2 Relational Models Theory Each relational model prescribes the basis for
and Moral Relationship moral motivation and judgment that people use to
Regulation derive appropriate standards of conduct given the
nature of the relationship between the individuals
The relationship regulation approach to morality involved (Rai & Fiske, 2011). Unity is the princi-
posits that people derive their standards for pal moral motive in communal sharing relation-
morality and justice from their understanding of ships. People in communal sharing situations are
the social relationships within specific situations expected to take care of their own. They ought to
(Rai & Fiske, 2011). According to this perspec- satisfy any in-group members’ unmet needs,
tive, moral principles do not exist independent of experience threats to individual members of the
the social-relational contexts in which they oper- group as a threat to the group as a whole, and
ate. Instead, moral concepts such as harm, equal- protect the integrity of the group from both inter-
ity, or purity are situationally determined as a nal and external disruptions. Hierarchy is the
function of the type of social relationship a given principal moral motive in relationships character-
situation involves. Diversity in moral thought, ized by authority ranking. People expect inequal-
feelings, and actions therefore is not the product ity in these situations; lower ranking individuals
of erroneous recognition of moral facts but a claim fewer resources and have a duty to support
legitimate consequence of how different people and defer to higher ranking individuals. Higher
interpret social situations and implement a finite ranking individuals, in contrast, claim more
set of schema about the nature of a given resources but are obligated to lead and look after
relationship. lower ranking individuals.
22 Morality and Justice 417

Equality is the principal moral motive in the flict that is accompanied by moral outrage
equality matching model. In relationships char- (Fiske & Tetlock, 1997). Tradeoffs that are rel-
acterized by equality matching, people strive to atively easy to make when viewed through the
provide equal opportunities or outcomes lens of one relational model can appear inap-
through processes such as turn taking, in-kind propriate—or even ghastly and unthinkable—
reciprocity, and lotteries in which each person when viewed through the lens of another. Goods
has the same opportunity to be chosen. Finally, and services, for example, are bought and sold
proportionality is the principal moral motive in every day, and the vast majority of these trans-
market pricing relationships. When market actions are acceptable because people apply the
pricing applies, people monitor multiple inputs market pricing model to such exchanges. When
and outputs simultaneously and ensure that it comes to human organs, however, people
rewards and punishments are equitable. Taken often apply the communal sharing model,
together, the relational regulation approach which causes them to view organ markets as
integrates a wide array of perspectives, includ- taboo and morally repugnant. Somewhat simi-
ing prior research on care (e.g., Opotow, 1990), larly, friendships often operate under the equal-
authority (e.g., Tyler & Lind, 1992), and mul- ity matching model. If one couple invites
tiple distributive justice criteria (e.g., Deutsch, another to their home for dinner, the appropri-
1985). By doing so, it provides a comprehen- ate response is to reciprocate at a later date.
sive and contingent theory of when and why Offering to pay a sum that would cover the cost
moral rules and motives vary across situations of dinner would be perfectly acceptable under
and individuals. the market pricing model (e.g., at a restaurant),
From the perspective of relational models but awkward and uncomfortable under the
theory, moral conflict is largely the result of dis- equality matching model in someone’s home.
agreement over implementation rules that spec- In sum, relational models and the moral motives
ify when, how, and to whom each relational that accompany them facilitate social interac-
model applies (Fiske, 1991, 1992; Fiske & tions, but conflict arises when people apply dif-
Tetlock, 1997). The relational models them- ferent implementation rules, or worse, a
selves are universal but abstract. Beliefs about completely different model.
how to operationalize the models to address In summary, relational models theory and the
specific situations and relationships vary across moral relationship regulation approach provide a
cultures, groups, institutions, ideologies, and rich framework for understanding how and why
individuals’ familiarity with possible prece- morality and justice vary across situations, and it
dents. Consider, for example, a situation in also explains when and why people sometimes
which most people agree that the equality moralize conflict and resist the type of tradeoffs
matching model fits. If one person does another that are necessary to resolve disagreements. The
a favor, everyone might agree that reciprocation relational systems model is solidly grounded in
is appropriate. In the absence of more precise interdisciplinary theory and empirical research
implementation rules, however, it remains about how people coordinate social relationships.
unclear how or when the favor should be recip- However, it is presented at a level of abstraction
rocated. Different interpretations of the ways to that may make it difficult to formulate hypothe-
satisfy the requirements of a model can there- ses about how the theory should apply in specific
fore lead to misunderstanding, disagreement, situations. Moreover, the theory allows that any
and conflict. given situation can simultaneously involve parts
Disagreement over which model ought to of each model, which may limit its utility or
apply to a given situation is less common than make it unfalsifiable. Therefore, greater specifi-
disagreement over implementation rules, but it cation of the theory is needed before it can be
tends to generate intense and intractable con- tested cleanly.
418 L.J. Skitka et al.

22.3.3 Moral Motives Model The moral concerns identified by MFT over-
lap to a considerable degree with the moral
Janoff-Bulman and Carnes (2013) moral motives motives model, with one primary exception.
model has been offered as an alternative to MFT MFT defines fairness in individuating terms—it
and the relational models theory. Building on the describes microjustice (i.e., justice from the per-
scaffolding of theory and research on behavioral spective of the individual). In contrast, moral
regulation and motivation (e.g., motives of motives theory differentiates between micro- and
approach and avoidance, and behavioral activa- macrojustice, or justice at the level of the indi-
tion versus inhibition; e.g., Carver & Scheier, vidual versus the collective, respectively.
1998), Janoff-Bulman and Carnes argue that Although the macro- or social justice compo-
morality fundamentally involves behavioral reg- nent of moral motives theory has already proven
ulation to facilitate an optimized social existence. to be somewhat controversial (see Graham, 2013
In particular, proscriptive moral regulation is for a critique), it has strong empirical grounding
focused on avoiding immorality or transgres- in research that has revealed important differ-
sions, and is inhibitory and protection oriented. ences between how people think about justice for
In contrast, prescriptive morality is an approach individuals versus collectives (Brickman, Folger,
motivation oriented toward providing rather than Goode, & Schul, 1981). Individual justice focuses
protecting. on person-specific variables, such as merit.
In addition to arguing that morality engages Macrojustice (or what Janoff-Bulman & Carnes,
these two motivational systems, Janoff-Bulman 2013 called social justice) instead focuses on the
and Carnes (2013) argue that these moral motiva- shape of the outcome distribution writ large, such
tions can play out at three different levels of anal- as the distribution of annual income of a given
ysis, specifically morality of the self, the other, public. Discourse about growing income inequal-
and the group. At the level of the self, proscrip- ity is a concrete example of a macrojustice
tive and prescriptive moral motivations are asso- concern.
ciated with self-restraint and moderation on the MFT also implies that liberals for the most
one hand, and industriousness on the other. Other part do not have a communal moral orientation.
directed moral motivation is interpersonally Moral motives theory challenges this idea, and
directed, and is proscriptively focused on avoid- argues that liberals do have communal moral
ing harm, and prescriptively focused on helping concerns, they just are not captured well by the
and fairness. Finally, the group-based or collec- foundations of in-group, authority, and purity,
tive oriented moral motives are concerned with which are largely described in proscriptive terms,
social order and communal solidarity when they which appeal to conservatives. In contrast, moral
are proscriptively oriented (e.g., status quo main- motives theory proposes that liberals’ communal
tenance), and focused on social justice and com- moral motivations are prescriptively oriented
munity responsibility when they are prescriptively around concerns about social justice and commu-
motivated. Similar to MFT, Janoff-Bulman and nal responsibility, and not in-group, authority or
Carnes (2013) argue that liberals and conserva- purity.
tives differ in their moral motivations. According Strengths of moral motives theory include its
to this model, however, ideological differences explicit grounding in psychological theory and
are not classified around individuating or binding research on motivation, as well as reinvigorating
foundations, but are focused instead on differ- the important distinctions between micro- and
ences in the motivational priorities of liberals and macrojustice. Especially given recent public
conservatives. Political conservatives’ moral debate about issues such as income inequality,
motivations are more likely to be proscriptively social class divisions in access to higher educa-
motivated, whereas political liberals’ moral moti- tion, and various other macrojustice topics, how
vations are prescriptively motivated. people reconcile conflicts between micro- and
22 Morality and Justice 419

macrojustice concerns will be an important area ments (e.g., Brockner et al., 1998; Skitka &
for future research. Mullen, 2002; van den Bos, Wilke, Lind, &
Vermunt, 1998). Furthermore, the claim that jus-
tice rules are more often based on normative con-
22.4 Morality and Justice: ventions than moral imperatives is reinforced by
The Same or Different the degree to which definitions of justice include
Constructs? not only informal norms, but also a host of for-
malized codes and guidelines that can vary across
This review highlights the considerable variabil- organizational structures or communities.
ity in the literature regarding how morality and Homeowners’ associations, for example, gener-
justice are related. For Piaget and Kohlberg, ate very localized versions of their covenants;
morality and justice were viewed as essentially workplaces vary in their pay and benefit policies,
the same thing; more contemporary theories of and so forth. Although all homeowners’ associa-
moral development, however, have de- tions and workplaces (for example) will develop
emphasized the links between morality and jus- their covenants and policies in ways that ensure
tice operations. Contemporary theories of fairness (and therefore increase compliance),
morality differ from theories of justice in the there is no one just set of rules, nor do people
kinds of connections they make between moral- experience these rules as universally generaliz-
ity and justice. Moral foundations and moral able or objective truths.
motives theories, for example, posit that justice is In contrast, people do not generally accept and
merely one aspect among many that define the expect that their conceptions of morality are or
moral domain. Alternatively, recent theories of should be contextually contingent or situationally
justice maintain that morality is one concern that variable, and are offended at the very idea that
underlies why people care about justice. morality could be relative (e.g., Darwell, 1998;
One way to help clarify the similarities and Smith, 1994). Even philosophers who reject the
differences in the psychology of justice and idea of moral objectivism (e.g., Mackie, 1977)
morality may be to integrate the distinction nonetheless accept that people’s commitment to
domain theory makes between normative con- the idea that there are objective moral truths is
ventions and moral imperatives with justice the- central to folk metaethics (i.e., people’s beliefs
ory and research. Specifically, it may be that and assumptions about the nature of morality).
people’s conceptions of justice are often grounded In summary, our review of the rather dis-
more on conventional beliefs than moral impera- jointed literature on morality and justice leads us
tives. Consistent with this assertion, people tend to tentatively conclude that morality and justice
to acknowledge and accept the idea that determi- are distinct, but sometimes overlapping psycho-
nants of fairness can and should vary across situ- logical constructs. Perceptions of justice are typi-
ations, but they experience their moral beliefs cally more negotiable and flexible than moral
and convictions as universally generalizable and beliefs. Justice judgments also are at least as
objective truths (e.g., Goodwin & Darley, 2008; likely to be driven by nonmoral as moral con-
Morgan, Skitka, & Lytle, 2013). Moreover, cerns. That is, justice judgments often are made
researchers have identified a plethora of alloca- using what Rest et al. (1999a, 1999b) referred to
tion norms and standards that are seen as differ- as personal interest or norm maintenance sche-
entially fair and appropriate in different contexts, mas, or what Skitka and Wisneski (2012) labeled
relationships, or situations (e.g., Deutsch, 1985). as the intuitive economist or politician mindsets.
A broad range of factors similarly shape percep- Justice only becomes moralized when it is based
tions of procedural fairness (e.g., Leventhal, on post-conventional beliefs about fundamental
1980; Lind & Tyler, 1988) and the relative weight questions of right and wrong, which unlike nor-
that people place on distributive versus proce- mative conventions, are nonnegotiable, authority
dural considerations when making fairness judg- independent, and autonomous.
420 L.J. Skitka et al.

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agement of moral outrage. In L. L. Cummings &
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B. M. Staw (Eds.), Research in organizational behav-
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this refinement will be (a) careful definition of Bies, R. J., & Moag, J. S. (1986). Interactional justice:
terms, (b) deciding whether justice and morality Communication criteria of fairness. In R. J. Lewicki,
B. H. Sheppard, & M. H. Bazerman (Eds.), Research
describe judgments, behaviors, attitudes, motives,
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Blader, S., & Tyler, T. R. (2003). A four-component
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“fair” process. Personality and Social Psychology
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Boeckmann, R. J., & Tyler, T. R. (1997). Commonsense
In summary, theories of moral development, justice and inclusion within the moral community:
morality, and justice evolved independently but When do people receive procedural justice from oth-
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have converged on the idea that justice and
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Social Dynamics of Legitimacy
and Justice 23
Karen A. Hegtvedt, Cathryn Johnson,
and Lesley Watson

At our university, when, after careful consultation her decisions are unfair and yet not challenge
and consideration, the College dean appoints a them, recognizing that their colleagues may not
department chair, that faculty member knows that share their views. And, sometimes, when a chair
she: (1) has the support of the dean; and (2) most repeatedly fails to consult faculty members, makes
faculty members in her department “endorse” her unilateral decisions that benefit her personally and
candidacy as well. She is, in effect, legitimized as only her closest collaborators, and also submits
the occupant of a legitimate position. In the course slipshod reports required by upper administration,
of her term, she must make a number of decisions department members may demand that the dean
regarding the allocation of course assignments, dismiss her. By claiming that she has imposed
travel and research funds, committee assignments, unjust practices on the department that have threat-
faculty raises, hiring in particular substantive ened the morale and compromised courses and
areas, and the like. Faculty members judge how scholarly production within it, they essentially
well she goes about making those decisions and undermine her legitimacy as chair.
the actual resulting resource distributions. Although the latter action may be rare in most
Although they may personally disagree with some academic settings, the example highlights the com-
decisions, they may still judge them as at least plex relationship between two fundamental princi-
within the purview of her role as chair, if not more ples relevant to interaction: legitimacy and justice.
generally as fair and beneficial to the department. Implied in this example is that the dean appointed
In other instances, some faculty may contend that that particular faculty member because she had
been observed to make judicious, fair decisions
and treat her colleagues with respect. The example
also suggests that legitimacy of the occupant of the
K.A. Hegtvedt (*) chair position affects the interpretation and judg-
Department of Sociology, Emory University, Atlanta, ment of the chair’s actions, with faculty members
GA, 30322, USA
initially allowing leeway for some of her actions
e-mail: khegtve@emory.edu
that they perceive as unjust. With concrete instances
C. Johnson
of legitimacy and justice, it is sometimes difficult
Emory University, Atlanta, GA, USA
e-mail: cjohns@emory.edu to determine which of two existed first.
This chapter examines the relationship between
L. Watson
ICF International, Fairfax, VA, USA legitimacy and justice in terms of social dynamics
e-mail: lesley.watson@icfi.com characterizing a variety of situations, particularly

© Springer Science+Business Media New York 2016 425


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_23
426 K.A. Hegtvedt et al.

in organizational contexts, that sometimes repre- ute resources necessary for subordinates to do
sent justice processes as antecedent to legitimacy their jobs well in a fair and effective manner, they
and sometimes as a consequence of them. are more likely to be supported by both their
Together, these two processes draw attention to the superiors and their employees in their positions
welfare not simply of individuals but of the col- (Hegtvedt & Johnson, 2009). In these ways, jus-
lectivity—the organization or larger group—in tice processes fuel legitimacy.
which they are embedded. And in so doing high- In contrast, violations of those rule-based
light the stability of the social order, including the expectations may stimulate perceptions of injus-
possibility of reproducing existing inequalities, tice and responses to restore justice. Yet, for a
and identify potential pathways for change. variety of reasons, people disadvantaged by a dis-
Essentially, legitimacy processes play a potentially tribution, a decision-making procedure, or inter-
important role in the evaluations and actions of personal encounter may not attempt to address
low and high ranking members in stratified groups. perceived injustice (e.g., Gaucher, Kay, & Laurin,
Here, we refer to legitimacy as the process 2010; Hegtvedt & Isom, 2014; Olson & Hafer,
through which patterns of behavior or a cultural/ 2001). One key reason is that they believe or
social object gain social support and approval come to accept their outcomes or treatment—or
(Johnson, Dowd, & Ridgeway, 2006; Zelditch & the system that produced them—as legitimate. In
Walker, 1984). Legitimated rules and authorities, such ways, legitimacy shapes justice processes.
moreover, entail a perceived obligation to obey Thus, the causal primacy of legitimacy or jus-
(Tyler, 2001; Zelditch & Walker, 1984). And, tice depends upon the nature of the existing context
social justice pertains to “a state of affairs (either and recognition of what can be gained from social
actual or ideal) in which (a) benefits and burdens discourse by understanding the dynamic nature of
in society are dispersed in accordance with some their relationship. And, of course, in some situa-
allocation principle…(b) procedures, norms, and tions, when perceived unfairness is pervasive and
rules that govern…forms of decision making shared, dissent may brew among those disadvan-
[that] preserve the basic rights, liberties, and enti- taged leading to at least the desire for, if not actual,
tlements of individuals and groups; and (c) change and the emergence of the legitimacy of
human beings…are treated with dignity and alternative rules, norms, authorities, or structural
respect…” (Jost & Kay, 2010:1122). arrangements (see Walker, 2014).
In some respects, distributive, procedural, and In this chapter we examine this dynamic rela-
interactional justice principles represent legiti- tionship between legitimacy and justice. Given
mated rules that govern individual- and group- that the preceding chapters have detailed aspects
level interactions. Such principles signify what of social justice, here we begin by addressing
people expect in their family and work lives, the question: What is legitimacy? To respond
from their governments, and so forth. To the conceptually to that question, we draw upon lit-
extent that individuals, especially those in author- eratures in philosophy, sociology, and psychol-
ity positions, behave consistently with justice ogy. Then we present theoretical arguments and
principles, they may ensure the perceived legiti- review empirical studies focused on the effects
macy of their actions and rules, as well as the of justice on legitimacy and on the effects of
structures in which they are embedded. For legitimacy on justice. In doing so, we touch
example, Tyler (1990/2006a) shows that when upon (but do not develop in depth owing to page
people judge the procedures used by legal author- constraints) issues of power. We conclude by
ities to be fair, they are more likely to perceive noting the double-edged implications of legiti-
the authorities as legitimate and comply with macy and justice for social change and by high-
their requests and decisions. Generally, when lighting issues regarding additional processes
authorities treat rule violators with dignity and (such as social comparisons and emotions) that
respect, offenders develop a greater appreciation may augment the dynamic between these two
for the normative order of the group, organiza- fundamental notions that serve to reinforce the
tion, or polity. Similarly, when managers distrib- fabric of society.
23 Social Dynamics of Legitimacy and Justice 427

23.1 Conceptualizing Legitimacy when it is exercised in accordance with a consti-


tution (written or unwritten), the essentials of
Sociological and psychological conceptualiza- which all citizens, as reasonable and rational, can
tions of legitimacy, not surprisingly, share some endorse in the light of their common human rea-
similarities owing to their common roots. Just as son” (p. 41). Moreover, Rawls (1993) contends
justice has a long history anchored in philosophi- that political legitimacy stems from the funda-
cal discourse, the notion of legitimacy also mental notion of society as a “fair system of
emerges in philosophical treatises (see Peter, cooperation,” involving free and equal citizens
2010; Solomon & Murphy, 2000; Zelditch, and, as detailed in his theory of justice regarding
2001b). Philosophical forbearers largely focused the establishment of fair distributions, a fair soci-
on conceptualizations of political legitimacy, ety (see Rawls, 1971, 2001). Like Rousseau, he
with emphasis on the state. In doing so, they too cautions that decisions made by state institu-
raise, at least implicitly, issues of power and the tions may be legitimate but not necessarily just,
means of ensuring justice for those served by the recognizing that justice pertains to social and
state. Social scientists have extrapolated from economic institutions and dynamics as well.
these state-focused arguments and focused more Buchanan (2003) echoes this premise when he
generally on the legitimacy of authorities and suggests that a political entity (e.g., a new state)
decision-makers at the organizational level. may gain legitimacy from other states by demon-
As a social contractarian philosopher, Locke strating a “minimal internal justice requirement.”
(1690/1990) argues that political legitimacy Such a requirement involves indication that the
derives from the consent (implicit or explicit) of entity protects the human rights of those over
the governed and represents a foundation for sub- whom it wields power and that it had a right to
sequent discourse. He further contends that peo- come into existence (i.e., did not emerge through
ple who give their consent to the “social contract” usurpation).
(i.e., the authority of the state) are obligated to The philosophical approaches provide a back-
follow the state’s laws. Rousseau (1762/1988) drop to conceptualizing legitimacy and its
expands this argument, recognizing that consent relationship to justice in current social psycho-
may stem from several sources: private will, logical works. The prescriptive approaches
reflecting personal interests; a citizen’s general offered by Enlightenment-era social contractar-
will, considering interpretations of the common ian philosophers clearly resonate in the work of
good; and the general will, constituting the com- twentieth century sociologist Max Weber on
mon good (see Peter, 2010). To the extent that legitimacy (1922/1968). And, the arguments of
democratic decision-making reveals the general Rawls and Buchanan on the inherent role of jus-
will, legitimacy emerges. Rousseau also argues tice processes regarding distributions, proce-
that political legitimacy transforms power into dures, and treatment in shaping legitimacy
state authority, bringing with it citizens’ obliga- parallel developments in social psychology in
tions to comply. While legitimacy ensures state recent decades.
functioning, he foreshadows a crisis of legiti- Weber’s (1922/1968) exposition on “what
macy when states employ their power in a man- makes a social order legitimate” highlights both
ner that is harmful to its citizens. In such cases, consent and obligation to comply as Locke sug-
what is legitimate may not be, in a broader sense, gested, and recognizes, as Rousseau did, that
just and may stimulate the dissent as illustrated individuals may have interests distinct from the
(on a much smaller scale) in the example of the common good. Weber argues that even though
department chair. individuals may differ in their beliefs and values,
Modern philosophers also weigh in on legiti- they come to behave in a manner consistent with
macy and its relationship to justice. Rawls (2001) the rules of a given social order because they pre-
addresses the crisis identified by Rousseau by sume that others accept the rules as well. To the
arguing that “political power is legitimate only extent that they perceive that others support the
428 K.A. Hegtvedt et al.

social order, the order itself becomes an appropri- gated to defer to those authorities, institutions,
ate, objective feature of social life. Thus, legiti- and social arrangements” (Tyler 2006b, p. 376).
mation involves a collective social process that He anchors current discussions of legitimacy to
engages social actors who come to develop cog- the history of the study of the dynamics of author-
nitions that a social object (e.g., a rule, an author- ity in psychology. Kelman (2001) reinforces this
ity, a procedure, a distribution, a political polity) foundation by noting that “the authority’s ability
is valid and objective. By acting in accord with to exert influence depends on his or her perceived
the legitimated rules, individuals exhibit compli- legitimacy” (p. 55). As described further below,
ance and reinforce normative behavior, even if Tyler’s theoretical approach to legitimacy (Tyler,
doing so contrasts with their personal habits, 1990/2006a, 2001, 2003, 2010) focuses on the
beliefs, or interests. legitimacy of authorities. His theorizing empha-
Building on Weber’s core argument, sociolo- sizes how legitimacy emerges from the extent to
gists Dornbusch and Scott (1975) distinguish which authorities employ fair procedures or, in
“propriety,” representing personal beliefs about other words, how justice processes shape the
the desirability and appropriateness of a social emergence of legitimacy.
order’s norms and procedures, from “validity,” Additionally, psychologists examine the
signifying collective consensus regarding such extent to which a set of beliefs legitimizes a
matters. Validity perceptions stem from observa- social order, an authority, a distribution of wealth,
tions that others occupying positions of authority and the like. Hafer and Sutton (2016, Chap. 8 of
support the norms and procedures (i.e., authori- this handbook; Lerner, 1980) suggest that belief
zation) or that peers offer such support (i.e., in a just world dictates that people’s outcomes are
endorsement). Authorization and endorsement, deserved because of who they are or what they
respectively, lead individuals to feel obligated to do. Such a belief leads individuals to justify their
obey the social order’s norms and procedures own lower outcomes and legitimize lower out-
even in the absence of personal approval of them. comes to others as undeserved. Consequently,
Thus, in effect, “validity” of a social order trumps people fail to respond to what otherwise might be
individuals’ beliefs of its impropriety (see seen as personal and third-party injustices.
Zelditch, 2006). Extending the example opening Beyond individual outcomes, sets of beliefs jus-
this chapter, even though some faculty members tify existing systems of distribution or decision-
may disagree with a chair’s decision to seek posi- making. In discussing justice and politics, Jost
tions in a particular area, they may recognize that and colleagues (Jost, Banaji, & Nosek, 2004;
others support the chair’s prerogative to shape Rothmund, Becker, & Jost, 2016, Chap. 15 of
hiring decisions and that the designated areas are this handbook) review system justification the-
ones in which graduate students may find jobs, ory, which proposes people are motivated “to
which could benefit the department in the long. rationalize away the moral and other failures of
Developments of the effects of legitimacy on jus- our social, economic, and political institutions
tice processes, detailed below, take Dornbusch and to derogate alternatives to the status quo”
and Scott’s elaborated Weberian approach as a (Jost & Kay, 2010:1148). That motivation pro-
starting place for their analyses. pels individuals to rely upon conscious or uncon-
Weberian ideas on legitimacy also typify work scious stereotypes to defend and justify existing
in psychology. Tyler (2006b) defines legitimacy systems. In effect, system justifying beliefs allow
as “the belief that authorities, institutions, and acceptance of inequalities in the status quo, lead-
social arrangements are appropriate, proper, and ing people to see those inequalities as supported
just” (p. 376). Although his proffered definition and deemed appropriate by others (i.e.,
conflates legitimacy and justice, like Weber he legitimized).
specifies that “when [legitimacy] exists in the These psychological approaches have pro-
thinking of people within groups, organizations, vided the foundation for recent volumes that have
or societies, it leads them to feel personally obli- examined the relationship between legitimacy
23 Social Dynamics of Legitimacy and Justice 429

and justice (Bobocel, Kay, Zanna, & Olson, thus anchors his argument in terms of the more
2010; Jost & Major, 2001). Despite the varied general process of ensuring rule adherence or
disciplinary roots, two fundamental questions compliance in social groups. Below we trace the
characterize the legitimacy/justice relationship: foundation of and subsequent development of
How do justice processes explain the emergence this argument.
of legitimacy? How does legitimacy affect per- At the core of Tyler’s perspective on justice
ceptions of and responses to injustice? Below we and legitimacy is a contrast to other means by
address theoretical arguments and empirical which authorities secure rule adherence (for other
work relevant to each of these questions. views on such processes, see Fetchenhauer &
Wittek, 2006; Kahan, 2005). Tyler (2001, 2006b,
2010) assumes that authorities want to maintain
23.2 Justice Processes social order and to do so requires securing the
and the Emergence cooperation of group members. Authorities
of Legitimacy might do so by establishing directives and pro-
viding incentives and/or sanctions to ensure that
Philosophers Rawls (1993) and Buchanan (2003) individuals follow the directives. Though poten-
anchor legitimacy in elements of fairness and tially characterized as a “rational approach,” the
justice. While individual-level (e.g., referential provision of incentives and the application of
beliefs, interaction dynamics) and institutional- sanctions require both the availability and use of
level social processes facilitate the legitimation resources as well as systems of monitoring or
of rules, norms, actors, structural arrangements, surveillance to elicit the desired behavior.
or the like (see Johnson et al., 2006), we focus on Regardless of whether described in terms of a
the role of various justice processes. We first “command and control process” (Tyler, 2001),
delineate Tyler’s (Tyler 2001, 1990/2006a, social control (Tyler, 2002), reliance on coercive
2006b, 2010) argument about how procedural power (Tyler, 2005), or a deterrence approach
justice leads to the legitimacy of authorities. (Tyler, 2010), such instrumentality is costly (in
Importantly, Tyler’s conceptualization of terms of material and social resources) and often
procedural justice involves two elements: inefficient. Instead, Tyler (2001) proposes an
decision-making and interpersonal relations. The identity approach and then subsequently extends
latter involves the fairness of treatment, which is that perspective in his value-based approach to
akin to interactional justice with its emphasis on regulation (Tyler, 2010).
respect (Bies, 2001; see Jost & Kay, 2010 on the Tyler’s (2001) identity approach to legitimacy
overlap). Then we consider other accounts that develops out of the group value (Lind & Tyler,
bring in distributive justice concerns. We 1988) and relational (Tyler & Lind, 1992) models
conclude with empirical evidence for these of procedural justice, which rely heavily on social
approaches. identity theory (e.g., Tajfel & Turner, 1979, 1986;
see also Hogg, 2006). Assuming that people want
to secure a positive social identity, they draw on
23.2.1 The Role of Procedural (and information delivered during social interaction to
Interactional) Justice develop both a sense of themselves and their rela-
tionships to others, including group authorities.
Tyler’s (1990/2006a) empirical examination of Essentially, individuals want to feel valuable to
“why people obey the law” offers the first formu- their group and believe that they belong to valu-
lation of how fair procedures used by authorities able groups. Authorities can deliver such status-
nurture the emergence of legitimacy. As noted relevant information through how they make
above, legitimacy carries with it a voluntary def- decisions and treat group members. Decision-
erence behavior, often in the form of complying making fairness involves conformity to rules per-
with rules, requests, decisions, and the like. Tyler taining to accuracy, honesty, representativeness,
430 K.A. Hegtvedt et al.

neutrality, correctability, and ethicality (see behavior conforms to the norms, rules, and poli-
Leventhal, Karuza, & Fry, 1980). Additionally, cies of the groups to which they belong. Such
decision-makers should demonstrate respect coupling provides the framework for what Tyler
through politeness and dignified treatment and terms a “self-regulatory model of authority”
provide evidence of their trustworthiness (Tyler (Tyler & De Cremer, 2009). People are more
& Lind, 1992; see also Blader & Tyler, 2003). likely to obey rules when they perceive them to
The latter behaviors of decision-makers capture be congruent with what they recognize as legiti-
elements of interactional justice (Bies, 2001) as mate and fitting with their sense of right and
well. Belief that one belongs to a valuable, high wrong. For example, when managers talk openly
status group combined with the status conveyed with their subordinates about the values guiding
to him or her by fairness in interaction with their decisions about job assignments and
authorities produces positive self feelings and expected performances, and the two groups forge
enhances identification and commitment to the a shared understanding of those values, then sub-
group, which in turn increase the likelihood that ordinates are more likely to comply with requests
group members accept the decisions of authori- consistent with those values. Although Tyler
ties and follow their rules. casts such an approach as more efficient and less
Thus, the overarching premise of this identity costly than instrumental strategies dependent
approach is that procedurally fair authorities are upon resource expenditures and emphasizing
more likely to be perceived as legitimate. For material outcomes, he notes that its activation
example, when a manager involves his subordi- within any group or organization will take time to
nates in decisions that affect how they function in develop.
their jobs and shows them respect, the employees Nonetheless, to the extent that authorities
are more likely to see him as legitimate and to use fair procedures, incorporating both fairness
comply with his requests. The procedural justice/ in decision-making and treatment of group
legitimacy link is likely to be particularly strong members, they plant the seeds of legitimacy for
when group membership is central to individu- their rules and policies. Yet, emphasis on pro-
als’ identities and authorities belong to the same cedural justice in the context of hierarchical,
social group as the members. Such ties to a group authority-based relationships is only one
and respectful treatment within a group commu- approach to how justice facilitates the emer-
nicate that an individual belongs to a moral com- gence of legitimacy. Drawing on sociological
munity that embraces particular values rooted in traditions, other approaches emphasize the role
procedural justice that promote human dignity of distributive justice.
(Tyler & De Cremer, 2009). In effect, procedural
justice shapes values.
Tyler (2010; Tyler & De Cremer, 2009) 23.2.2 The Role of Distributive
extends the linkages between procedural justice, Justice
values, and legitimacy in their value-based
approach to rule adherence. He casts the legiti- Tyler’s procedural justice and value-oriented
macy of certain rules as value-laden and couples approach to legitimacy and rule adherence
those legitimacy-based values with individual emphasizes relational issues over instrumental,
moral values. He argues that “congruence outcome-oriented ones. His conceptualization of
between [legitimated] rules and an individual’s instrumental strategies, however, constricts the
moral values should …motivate adherence, as nature of structural or resource-based relations at
people strive to follow their inclinations to do the core of most organizations to interactions
what they feel is morally right” (Tyler, 2010, only between authorities and subordinates, ignor-
p. 258). Thus judgments about legitimacy and ing the dynamics among subordinates them-
morality fuel individuals’ intrinsic motivations selves. Hegtvedt and Johnson (2009) offer a
and sense of responsibility to ensure that their complementary resource-based model of the
23 Social Dynamics of Legitimacy and Justice 431

emergence of collective sources of legitimacy, to be so for others reinforces the collective wel-
such as authorization and endorsement fare of members of the organizational group (e.g.,
(Dornbusch & Scott, 1975; see Zelditch, 2006), Settoon, Bennett, & Liden, 1996) and may stimu-
in multi-tiered organizations based on a social late shared approval and support of the authority
exchange approach to power (e.g., Blau, 1964; (i.e., legitimizing an authority through endorse-
see Molm, 2006) and distributive justice pro- ment by peers and subordinates). When higher-
cesses (see Hegtvedt, 2006; Jost & Kay, 2010). level authorities note the endorsement of their
By doing so, they move beyond emphasis on mid-level managers and the compliance by sub-
individual beliefs and motivations to the impact ordinates that such legitimacy motivates, they
of interaction dynamics, including those involv- may, in turn, augment their authorization of the
ing third-party observers who may not be directly mid-level authorities. For example, a department
affected by the behavior of an authority but chair who provides her faculty members with
whose beliefs may influence those directly adequate travel and research funds, appropriate
affected. Inclusion of observers underscores the office space, and public recognition for accom-
collective nature of both justice and legitimacy. plishments is using the resources associated with
As foreshadowed by the ideas of political phi- her department in a way that is likely to win the
losophers noted previously, within any organiza- favor of her colleagues; a dean’s observation of
tion, the power structure often constitutes the this resource use and resulting endorsement of a
context in which legitimacy beliefs arise. Those chair may reinforce her appointment decision.
in power hold resources that make it possible to In contrast to Tyler’s (2001, 2010) approach,
direct, coordinate, and instruct the activities of which assumes that authorities and subordinates
organizational members so that all benefit in the are members of the same group and thus promote
long run (e.g., products are sold; employees earn a shared group identity, the structural power,
a livelihood). Even though coercive power use resource-based approach of Hegtvedt and
creates a less stable (and possibly opposed) foun- Johnson (2009) recognizes that authorities and
dation for authority than legitimacy beliefs, subordinates may perceive themselves as belong-
structural power arrangements per se do not ing to different groups. Yet, with its emphasis on
require that power be used coercively. Hegtvedt the dynamics of exchange, the resource-based
and Johnson (2009) argue that power held by framework suggests two potential processes that
authorities affords them opportunities to contrib- may mitigate the ill consequences of perceiving
ute to their subordinates’ welfare by distributing membership in different groups. First, dynamics
resources that assist them in being successful in among subordinates may allow for the emer-
their jobs. Authorities already authorized (legiti- gence of a sense of shared perceptions among
mated by support from above) may have more subordinates, which may nurture a shared iden-
opportunities to use their power to provide valued tity not in opposition to the authority. And sec-
resources to their subordinates (Kanter, 1977) ond, to the extent that authorities use their power
than those lacking authorization. benevolently, they signal respect toward subordi-
Nonetheless, to the extent that authorities act nates and cultivate perceptions of procedural jus-
benevolently through repeated, successful tice, as described by Tyler, which may engender
exchanges, of both material, tangible resources a group feeling that includes both subordinates
(such worked hours and pay) as well as symbolic, and authorities.
intangible ones (such as praise, office location, Hegtvedt and Clay-Warner (2004) elaborate
awards) (Wayne, Shore, & Liden, 1997), they on the interpersonal and cognitive processes by
engender perceptions of distributive and proce- which subordinates come to view authorities’
dural justice, trust (e.g., Molm, Takahashi, & behaviors as procedurally just and compare their
Peterson, 2003), and commitment (Lawler & perceptions to those of others to provide a basis
Yoon, 1998). Moreover, assessments that out- for the emergence of endorsement. With endorse-
comes and treatment are fair for self and observed ment, subordinates may begin to cement their
432 K.A. Hegtvedt et al.

relationship and possibly their group identity macy, in support of Tyler’s identity and value-
with the authority. Wenzel (2006) demonstrates oriented approaches. In contrast, fewer empirical
that identification with an “inclusive category” investigations have examined the impact of dis-
(consisting of one’s ingroup, outgroup, and tributive justice on legitimacy. Empirical work
authority) enhances the legitimacy of the author- fits within two interactional domains: encounters
ity when it treats ingroup and outgroup members with legal authorities and organizations.
similarly. Thus, benevolent power use may
enhance the development of relationships across Encounters with Legal Authorities
group boundaries, bolster commitment to the Support from the public is one necessary compo-
organization, and ultimately lay a foundation of nent to enable the criminal justice system to func-
an inclusive group identity. tion properly. Fagan (2008) identifies procedural
The resource-based approach seems to char- fairness and respectful treatment as one of the
acterize the antecedents to legitimacy during the major concerns for the legitimacy of the criminal
initial stages of exchange relationships within a justice system (other concerns involve perceived
work group when the potential for endorsement justice in sentencing and the system’s ability to
is emerging. Then, once established, Tyler’s accurately detect wrongdoing and thus protect
identity/value approach describes the mainte- the public). Tyler’s research (1990/2006a)
nance of legitimacy within groups. Both frame- launched consideration of how the fairness of
works assume that authorities and subordinates interactions with the police and courts affects
have similar goals. Yet when the two groups have perceptions of legitimacy. Subsequent studies
different goals, subordinates may identify among examine particular types of encounters with legal
themselves, rather than with authorities. The cou- authorities and of communities.
pling of such separation with the failure of Tyler (1990/2006a) examines the self-reported
authorities to use power benevolently may result attitudes and behaviors toward agents of the law
in conflict, as illustrated in the example that of a random sample of 1575 Chicago residents,
opened this chapter. Below we further examine including a smaller subsample that had direct
how collectively perceived injustice may under- experience with police or courts. The study
mine the perceived legitimacy of the authority focuses on the impact of relational (procedural
and challenge the status quo. justice) and instrumental (distributive justice
Even though certain conditions may under- considerations regarding outcomes) elements on
mine the legitimacy of an authority whose initial perceptions of legitimacy and the relationship
support and approval was established via justice between legitimacy and compliance. While the
processes, neither model explicitly deals with latter relationship is fully confirmed, the former
such processes. In many other ways, however, the relationships are more nuanced. Results indicate
procedural and distributive justice models of the that citizens who thought that authorities used
antecedents to legitimacy are complementary. fair procedures (e.g., representation, impartiality,
Importantly, they identify issues of structure, consistency) in making decisions and treated
interactional dynamics, and identity relevant to them with respect and dignity were more likely to
the emergence of legitimacy. be judged as legitimate, regardless of the actual
outcome of the encounter. And, although distrib-
utive justice assessments influenced compliance,
23.2.3 Empirical Evidence they did not affect legitimacy.
of the Effects of Justice Similarly, results from two surveys of respon-
on Legitimacy dents from random samples drawn for registered
voters in New York City (N = 586 sampled prior
Substantial evidence, reviewed below, confirms to and N = 1422 sampled after September 11,
the relationship between procedural justice, 2001), perceived procedural justice emerged as
including its interpersonal elements, and legiti- the best predictor of police legitimacy, exceeding
23 Social Dynamics of Legitimacy and Justice 433

the impact of performance evaluations and dis- control efforts because these stops often target
tributive justice (Sunshine & Tyler, 2003). The relatively minor or ambiguous offenses (e.g.,
perceived fairness of police treatment had a “stop and frisk”) (Gau & Brunson, 2010). Second,
stronger relationship with legitimacy than per- “profiling” considers a person’s race when deter-
ceived police ability to offer effective help and mining how to proceed with regard to actions like
quality of police services relative to people of a stopping cars for traffic violations, patrolling
different race or socioeconomic status. Plus, per- neighborhoods, or arresting alleged offenders.
ceived legitimacy increased compliance with This practice, when used as a measure for proce-
police requests. dural injustice, negatively affects perceptions of
When police officers have support from the police legitimacy (study 4 [N = 1.653] Tyler &
people in their communities, they are more suc- Wakslak, 2004). Thus, despite the aim of these
cessful in keeping order and reducing crime. In practices to increase public safety, they nega-
Australia, postal survey findings involving 2.611 tively impact perceived procedural justice and
residents show that those who believe police pro- thus police legitimacy as well.
cedures and practices are fair are more likely to Other research focuses on evaluations of
view them as legitimate and be satisfied with court authorities and perceived legitimacy.
their services (Hinds & Murphy, 2007). As illus- Although Gibson (1989) suggests that people
trated in a randomized field trial study in the may comply with unpopular Supreme Court
United States, even minor, though procedurally decisions because of levels of diffuse support
just, traffic encounters enhance individuals’ for the Court rather than procedural justice con-
beliefs about the legitimacy of the police cerns, Tyler and Rasinski (1991) reanalyze
(Mazerolle, Antrobus, Bennett, & Tyler, 2013). Gibson’s data (N = 606 from General Social
Empirical evidence also shows the linkage Survey) and reveal an indirect effect of proce-
between fair encounters with police and percep- dural justice, through legitimacy, on compli-
tions of their legitimacy among Jamaican high ance. While Gibson (1991) questions their
school students (N = 289), which in turn enhances reanalysis because individual citizens know
their willingness to help the police fight crime little about Supreme Court procedures and
(Reisig & Lloyd, 2009). Importantly, as shown assessment of procedural justice in this instance
by a study integrating census data and survey may be insufficiently distinct from measures of
responses in a mid-size city (N = 531 from repre- perceived legitimacy, other studies provide sup-
sentative state sample across different types of port for the link. For example, Tyler (1997,
neighborhoods) this robust relationship between study 6, N = 502 California bay area residents)
procedural justice and perceived legitimacy of shows that relational elements (neutrality, trust-
the police remains even when analyses take into worthiness, status recognition) have stronger
account the impact of concentrated disadvantage impact on perceived legitimacy of the Supreme
in neighborhoods (Gau, Corsaro, Stewart, & Court than instrumental concerns (e.g., out-
Brunson, 2012). come favorability, process control), although
Two practices often employed by the police, the latter were not irrelevant to legitimacy
however, threaten their legitimacy, in large part judgments.
because people view the procedures employed as Also other investigations in which litigants are
unfair. First, “order maintenance policing” seeks familiar with the legal decision process uphold
to control crime by sending a message that even the relationship between perceived procedural
the slightest infractions will not be tolerated, and justice in court proceedings and legitimacy of the
often involves practices such as frequently stop- criminal justice system. Qualitative research
ping people suspected of petty or low-level disor- (N = 120) shows that adolescents perceive the
derly behavior. Based on interview data from criminal justice system as less legitimate, regard-
young men (N = 45), such practices appear to less of their personal outcomes, if they experi-
negatively affect police legitimacy and crime ence delays, confusion, or unprofessional conduct
434 K.A. Hegtvedt et al.

in the courtroom (Greene, Sprott, Madon, & rally occurring social dilemma focused on water
Jung, 2010). shortages [N = 401], and New York residents’
perceptions of the police [N = 830]) consistently
Encounters with Authorities in Other demonstrate positive effects between outcome
Contexts dependence and perceived legitimacy of authori-
Evidence from contexts outside of the legal arena ties. (Positive effects for perceived procedural
also provides support for the predicted relation- justice emerge as well.) Two follow-up experi-
ship between procedural justice and the perceived mental studies reiterate the predicted positive
legitimacy of authorities. Results from studies relationship, one focusing on perceptions of
1–5 (each involving different samples: college legitimacy and the other on compliance with the
students in Studies 1 [N = 335] and 2 [N = 346]; authority. Additional analyses reveal that per-
residents of Chicago serving in managerial roles ceived legitimacy mediates the effects of out-
in Study 3 [N = 409]; public-sector employees in come dependence and procedural fairness on
Northern California in Study 4 [N = 305]; and San assessments of outcome favorability. The authors
Francisco citizens in Study 5 [N = 401]) reported conclude “that because outcome dependence
in Tyler (1997) show that relational factors repre- breeds legitimacy the powerless also contribute
senting procedural justice enhance the perceived to the maintenance of an unequal status quo that
legitimacy of authorities in the family, in aca- may not be in their own interest” (Van der Toorn
demic departments, in private- and public-sector et al., 2011, p. 136).
work organizations, and local government. And
again, instrumental concerns about outcomes Summary
affect legitimacy but have lower impact than pro- Clearly, results from studies focused on nonlegal
cedural justice. contexts are consistent with those from legal con-
In another study, Tyler and Blader (2000) texts in demonstrating the expected procedural
interviewed 404 employees, working in various justice effect on legitimacy of authority. Yet, the
contexts, about their supervisors or leaders in findings also hint at the role outcome assessments
their organizations use of fair procedures and may play. Tyler and colleagues often employ
their perceptions of the legitimacy of those lead- measures of outcome favorability and perceived
ers. Evidence for the expected positive relation- process control to instantiate what they call
ship emerges. Additionally, other work on “instrumental judgments” (in contrast to “rela-
employees (Tyler & Blader, 2005) confirms a tional judgments” pertaining to procedural jus-
strong link between both perceived legitimacy tice); whether such instantiations actually
and value congruence and rule adherence among represent perceptions of distributive justice, how-
employees. ever, should be closely examined. Findings from
A recent study (Van der Toorn, Tyler, & Jost, Van der Toorn et al. (2011) are consistent with
2011) provides some indirect evidence of the the Hegtvedt and Johnson (2009) argument, but
Hegtvedt and Johnson (2009) argument regard- their studies focus on the distribution of one out-
ing the role of power and distributive justice in come or evaluation. Similarly, exchange
the emergence of legitimacy. Anchoring their approaches and their analyses of trust and com-
research in the systems justification approach mitment hint at the importance of the use of
(Rothmund, Becker, & Jost, 2015), they argue benevolent power to bolster the legitimacy of an
that outcome dependence (i.e., the extent to authority. To fully assess the impact of distribu-
which a subordinate is dependent upon an author- tive justice requires consideration of how author-
ity for desired outcomes and thus power- ities allocate multiple resources across multiple
disadvantaged) enhances the likelihood of actors over time. And, as noted in Tyler, Dienhart,
judging the authority as legitimate. Results from and Thomas (2008), the fairness with which
the analysis of three surveys (involving conflict authorities allocate punishments when workers
resolution for undergraduates [N = 380], a natu- break organizational rules may also be relevant in
23 Social Dynamics of Legitimacy and Justice 435

shaping the perceived legitimacy of management. thing else” (Zelditch, 2001a, p. 5). As such, they
Thus, the extent to which distributive justice pro- recognize that legitimacy may be auxiliary to
cesses complement procedural justice in shaping other processes, including those focused on the
legitimacy of authorities (or policies or out- fairness of distributions, procedures, and treat-
comes) requires further investigation. In contrast, ment. The foundation of their approach is
however, scholarly work on the impact of legiti- Dornbush and Scott’s (1975) distinction between
macy on justice evaluations has largely focused propriety and validity. As defined above, propri-
on distributive justice. ety refers to an individual’s personal beliefs that
an “object” (an authority, rules, norms, structural
arrangements) is desirable and appropriate
23.3 The Effects of Legitimacy whereas validity captures the idea that the indi-
Processes on (In) Justice vidual believes that he/she is obliged to comply
Perceptions and Responses with the authority, the rules, etc. even in the
absence of personal approval of them. Zelditch
The group value model underlying Tyler’s and Walker emphasize how views of others in the
(1990/2006a) initial approach to the role of pro- social context enhance the validity of the “object.”
cedural justice in the creation of the legitimacy of Their perspective and later elaborations focus on
authority highlights how individuals are embed- collective sources of legitimacy: authorization
ded in a social context. Likewise, the Weberian (support from “above”) and endorsement (sup-
sociological perspective on legitimacy, first pro- port from those of equal or lower status). They
posed by Dornbusch and Scott (1975) and elabo- analyze authorization and endorsement as pro-
rated by Zelditch and Walker (1984; Walker & cesses that produce compliance, behaviorally
Zelditch, 1993; Zelditch, 2001a, 2006), empha- demonstrating legitimacy of an authority, rules,
sizes the role of collective aspects of social norms, or a social order.
dynamics. The impact of legitimacy on justice Why should people comply with an autho-
perceptions and responses, then, focuses on how rized or endorsed norm or authority? Distinct
other people’s evaluations and responses in an from Tyler’s (2010) value approach, Zelditch and
unjust situation affect an individual’s own assess- Walker anchor their response to this question in
ments and reactions. Below we first appraise the sanctions. They argue that authorities or “uppers”
elaborations offered by Zelditch and his col- in a group hierarchy control formal sanctions,
leagues and then discuss later attempts to more such as docking pay, limiting desired work
closely integrate their legitimacy arguments with assignment opportunities, or preventing promo-
issues of (distributive) justice. We again call tions for insubordination. At the same time, peers
attention to the behavior of third parties in justice or other subordinates in the group have at their
situations to illustrate their potential role in legiti- command informal sanctions, including scorn,
mizing individuals’ perceptions and responses to ostracism, and the like. For example, if Professor
injustice. We conclude this section with a review Green voiced concerns that she believed her
of empirical studies examining the impact of department chair to be unjustly favoring certain
legitimacy on justice processes. segments of the department in hiring and research
funds, she may have been met by disdain by her
colleagues who still supported the chair and by a
23.3.1 The Role of Collective Sources reduction of her own travel funds by the chair.
of Legitimacy Within a group situation, individuals compare
their own evaluations of an “object” with what
In their theoretical research program, Zelditch they believe others around them think. If they
and Walker (1984; Walker & Zelditch, 1993) perceive support by others of, for example, an
seek to determine how legitimacy “increases the authority or norm, then they assume that others
acceptance of, or reduces the resistance to, some- will act in accord with the authority or norm,
436 K.A. Hegtvedt et al.

which, in turn, affects their own reactions. In served by the principle. And when multiple group
effect, people who are affected consciously or members perceive that they are unjustly treated
unconsciously consider the implications of by a leader, they tend to coalesce to reallocate
failing to also provide public support for the rewards more justly (Webster & Smith, 1978).
“object.” The potential sanctions, in other words, These experimental studies not only highlight the
carry social and perhaps material costs, which collective element missing from much justice
individuals may attempt to avoid by complying research but also emphasize the development of
with an authority’s decision or acquiescing to a consensus about what constitutes fairness that
given behavioral expectation. Should Professor collectively benefits group members. In taking
Green have sensed that the chair remained legiti- into account the social context of justice pro-
mated in the eyes of her colleagues, she may not cesses, they draw attention to the underlying role
have voiced her concerns. of social comparisons and cognitions in linking
Although no explicit mention of the import of legitimacy to justice.
legitimacy to justice processes emerges in the Hegtvedt and colleagues (Hegtvedt, Clay-
early work by Zelditch and Walker, their program Warner, & Johnson, 2003; Hegtvedt & Johnson,
of studies (described more explicitly below) 2000) argue that when an individual compares
relies upon an unjust situation. And, Zelditch his or her personal assessment of an outcome dis-
(2001b) hints at how perceived injustice, which tribution or procedure to the evaluations
may lead to dissent more generally, might desta- expressed by others (authorities or peers) about
bilize the legitimacy of a given distribution or the focus of the justice evaluation or the decision-
social order. Thus, it is not surprising that other maker, to the extent that there is disagreement, he
scholars have attempted to make the legitimacy/ or she grows less certain and less confident in the
justice link more apparent. original assessment. The undermining of the cer-
Cohen (1986) first attempted such a theoreti- tainty of a person’s justice evaluation may attenu-
cal linkage by focusing on the legitimacy of a ate the severity of the perceived injustice. In
structure of power. He argues that authorization addition, the perception of injustice should stim-
of a power structure increases individuals’ accep- ulate the attribution process to determine “why”
tance of the structure, even if it produces an it occurred, with a focus on the allocator (see
unjust distribution of outcomes. Additionally, he Utne & Kidd, 1980; Van den Bos, Bruins, Wilke,
suggests that if observers also believe that their & Dronkert, 1999). Endorsement and authoriza-
peers support the structure, any collective action tion of the allocator essentially provide consen-
to alter the existing social order as a response to sus information pertinent to the attribution
the injustice it creates grows unlikely. process (see Fiske & Taylor, 2013). If peers or
Thus,authorization and endorsement operate authorities legitimize the allocator, even if the
against opposing forces for change. distribution—representing a single act—seems
Following up on Cohen’s initial theorizing, unjust to the perceiver, he or she may be less
Hegtvedt and Johnson (2000) delineate how col- likely to attribute the injustice internally to the
lective sources of legitimacy specifically impact allocator’s intentions and more likely to assume
perceptions of and responses to injustice. They external causes such as the authority’s position
draw on distributive and procedural justice per- and associated rights or a one-time judgment
spectives and the few early justice studies that lapse. External attributions, in turn, are likely to
examine how “what others think” affects indi- decrease the perceived severity of the injustice.
viduals’ justice actions. For example, Kahn, For example, if an authorized and endorsed man-
Nelson, Gaeddert, and Hearn (1982) provide evi- ager decides unilaterally to invest in a fancy,
dence that in face-to-face discussions, people expensive coffee machine for the office rather
compare their perceptions of what distribution than distributing quarterly bonuses, employees
rule is fair with the opinions of others and end up may attribute it to some new managing gimmick
promoting the distribution principle suggested by to enhance the quality of the workplace rather
a member whose interests were not directly than to an intentional decision to deprive them of
23 Social Dynamics of Legitimacy and Justice 437

extra cash; in making that external attribution, cost of acquiescence to an unjust distribution,
they are less likely to protest what they might procedure, or treatment. In such instances, what
have seen as an unfair use of the money. Hegtvedt is legitimated may not be just. For example, in
et al. (2003) consider how the legitimacy of the many schools there is a zero tolerance policy
allocator, in conjunction with his or her use of with regard to weapons; when schools invoke a
fair procedures, also works to attenuate the per- 3-day suspension for a 7-year-old for pointing his
ceived severity of distributive injustice. finger like a gun at a classmate, the legitimate
With regard to responses to injustice, Hegtvedt rule has been upheld but many may see the pun-
and Johnson (2000) contend that endorsement ishment as severe and unfair. Walker (2014)
and authorization may operate directly or indi- argues that tensions between legitimacy and per-
rectly, through altered assessments of injustice. ceived injustice threaten social stability. He con-
To the extent that legitimacy invokes the possibil- trasts individual-level responses, which may
ity of sanctions—both material and social—for improve the lot of one disadvantaged group
noncompliance, it affects the cost and nature of member, to joining with peers to take collective
responses. When others disagree with a focal per- action as a means to potentially improve condi-
ceiver’s assessment and legitimize the unfair dis- tions for all. Although individual and collective
tribution, procedure, or allocator, that person may interests may not always coincide, ultimately it is
be less likely to take action on his or her own and the threat of collective dissent and actual collec-
others are less likely to join in collective action to tive action (coupled with factors beyond individ-
oppose the injustice. In effect, legitimacy pro- uals’ perceptions) that weakens the status quo
cesses hamper overt responses, although unob- and potentially destabilizes systems of inequality
servable responses involving cognitive distortion in outcomes, procedures, or treatment. Stymieing
of elements of the situation may occur. In con- the conflict and establishing a new sense of what
trast, if others perceive the injustice and fail to is legitimate may depend on the distribution of
legitimize the existing distribution or allocator, actual benefits to signal concern with collective
then the seeds for forming coalitions and foment- welfare (Cohen, 1986) or a shift in power.
ing for social change are sown. To date, however, most empirical research on
Such analysis raises two issues. First, legiti- the influence of legitimacy on justice processes
macy, especially endorsement processes, draws shows what Cohen (1986) labels the “acquies-
attention to the role of others who may not be cence” rather than the “opposition” effect. The
directly affected by a particular distribution, pro- studies noted below are outside of traditions such
cedure, or treatment. Yet the extent to which they as belief in the just world (Hafer & Sutton, 2016,
support an act or a decision, or the person making Chap. 8 of this handbook) or legitimizing ideolo-
the decision, may affect how an individual gies (Rothmund, Becker, & Jost, 2016, Chap. 15
responds. As Skarlicki and Kulik (2005) note in of this handbook), which also demonstrate why
their review of the growing research on the role disadvantaged actors often fail to respond to
of third parties in justice situations, observers are injustice, thereby acquiescing to the status quo.
important group members because not only do
they learn what fate they too may experience by
observing that of others but they also may be 23.3.2 Empirical Evidence
active in bringing about changes. They may act of the Effects of Legitimacy on
as agents for the injustice sufferer vis-à-vis an Justice
authority and they may join in collective action—
especially if they fail to endorse an authority or a The work of Zelditch and Walker (1984; Walker &
decision and likewise perceive injustice. Zelditch, 1993) offers a first glimpse of the impact
The responses of others highlight the second of legitimacy on responses to an unjust distribution.
issue: legitimacy is a double-edged sword. It gen- Later work attempts to test relationships hypothe-
erally ensures social order, but sometimes at the sized by Hegtvedt and Johnson (2000).
438 K.A. Hegtvedt et al.

In their experimental work on legitimacy legitimacy attenuate, as anticipated, the per-


and compliance, Zelditch and Walker create a ceived injustice of the rewards that individuals
communication network where the actor in the receive from their company. And, legitimacy is
“center” position is structurally advantaged and more important than self-interest in influencing
thus obtains the highest outcomes from interac- perceptions of justice. Workers’ perceptions of
tion with others. In effect, the communication the fairness by which decision-makers allocate
network represents a given social order, albeit the outcomes, however, mediate the legitimacy
one that results in an unfair distribution. Interest effects.
focuses on whether disadvantaged group mem-
bers would challenge the structure or simply Summary
comply. Findings show that when the network is Together, these studies illustrate the impact of
either validated (Thomas, Walker, & Zelditch, collective sources of legitimacy on assessments
1986) or specifically endorsed by other group of and responses to outcome injustice. The
members (Walker, Thomas, & Zelditch, 1986), empirical work also signals the importance of
demands to change it are infrequent. Such effects considering how legitimacy and procedural jus-
emerge even when private opinions (i.e., propri- tice may combine to shape outcome judgments.
ety) of group members indicate that they do not What remain missing, though, are considerations
accept the unjust structure. Another study further of how “what others think” about an authority
demonstrates that validity affects such individual also shapes his or her behaviors. For instance, are
beliefs, decreasing the intensity of the belief that legitimated authorities more likely to use fair
the network was unfair (Walker, Rogers, & procedures in decision-making or in their treat-
Zelditch, 1988). ment of subordinates than those without legiti-
Vignette studies likewise confirm the effects macy? When does legitimacy allow authorities to
of legitimacy on people’s sense of propriety or deviate from procedural justice? Also, examina-
actual justice evaluations. Johnson and Ford tion of the conditions under which perceived
(1996) show that endorsement and authorization injustice stimulates opposition to currently
of a manager reduce the likelihood that study par- legitimated distributions, authorities, and struc-
ticipants imagining themselves in a pay conflict tures awaits greater empirical scrutiny. Below we
(owing to perceived injustice about their pay) consider additional issues that may bear on the
with a work manager would pursue tactics like legitimacy/justice relationship.
forming a coalition or seeking the advice of
higher authorities to redress the conflict. A third-
party vignette study regarding the combined 23.4 Conclusion
effects of procedural justice and endorsement
demonstrates that respondents viewed the situa- In fall 1960, a cohort of young women arrived at
tion (the distribution of sought-after committee Spelman College, a historically Black institution
positions) as most fair when the decision-maker in Atlanta, Georgia, to begin their college careers,
used fair procedures and was highly endorsed pursuing the promise of higher education for bet-
(Hegtvedt et al., 2009). Also, the fair process tering their lives. Little did their middle-class fam-
effect (whereby procedural justice positively ilies anticipate that their daughters would engage
affects distributive justice evaluations) is stron- in far more than attending classes, choosing a
gest under conditions of high endorsement. major, and dating Morehouse men. As described
Mueller and Landsman (2004) use data from in the documentary film, Foot Soldiers: Class of
a survey of child welfare social workers 1964, these women came to recognize the injustice
(N = 745) to examine the effects of endorsement of discriminatory segregation. Influenced by their
and authorization proposed by Hegtvedt and upper-class mates, they began to wonder why, in
Johnson (2000) as well as procedural justice. Their their social context, they consistently and squarely
findings demonstrate that collective sources of were confronted with discrimination in daily inter-
23 Social Dynamics of Legitimacy and Justice 439

actions in public places such as stores, restaurants, reflects the dynamics of legitimacy and justice
and other businesses. Such a realization led them processes described in the foregoing review, it
to challenge the legitimacy of the system that also hints at issues that have yet to be examined
permitted such discrimination. Despite parental theoretically or empirically. To conclude this
acquiescence to the existing system and instruc- chapter, we identify several issues that we believe
tions to their daughters to focus on their studies will augment our understanding of the linkage
and remain distant from the unrest, they partici- between legitimacy and justice.
pated in the coordinated civil rights protests that First, this chapter has demonstrated that the
were sweeping the American south. While peace- primacy of legitimacy or justice in the relation-
fully picketing or sitting in at segregated lunch ship between the two processes, a “chicken and
counters, they suffered the wrath of Klu Klux egg” conundrum of sorts, fades when the nature
Klan members, police, and even less racist whites of the social context enters the analysis. The
who simply feared challenges to the long-standing legitimacy of a new rule, a new authority, a new
Jim Crow laws. Collectively, individuals brought social order emerges over time. Justice processes
attention to the injustice of a legitimated system play a role in its emergence, as the philosophers
and, ultimately, the nonviolent protests coupled argued. Whether procedural, interactional, or dis-
with recognition by others, including third par- tributive justice is paramount, however, depends
ties in positions of power and advantage, of that on the existing familiarity between members of
injustice, spurred the passage of one of the most different groups, subordinates, and their manag-
transformative pieces of legislation in twentieth ers, “the people” and governmental representa-
century United States: the Civil Rights Act of tives, and the like. Hegtvedt and Johnson (2009)
1964. argue that the fair distribution of resources may
In effect, the civil rights movement epitomizes matter in early interactions among authorities
Rawls’s (1993) recognition that legitimated state and their subordinates to establish legitimacy
institutions may not always be just. This histori- whereas continued procedurally, just
cal example illustrates the dynamic relationship decision-making and treatment of subordinates
between legitimacy and justice beyond the con- may sustain that legitimacy. Empirical work
fines of a particular organization as well as its should consider the stage of a relationship when
double-edged nature. Parents of the young examining the impact of forms of justice on legit-
women essentially complied with the validity of imacy. In addition, those relationships are often
a (unfair) system—regardless of personal embedded in structural power arrangements.
beliefs—and urged their daughters to suppress Although many studies focusing on perceptions
responses to the injustice. Nonetheless, the col- of authorities (in organizations generally or spe-
lege freshmen perceived injustice (whether con- cifically in legal arenas) implicitly considered the
ceptualized as procedural, distributive, or impact of power differences, few studies explic-
interactional) and attempted to undermine the itly examine the impact of variation in structural
legitimacy of system. Their actions seem to have power arrangements and in the nature of power
emerged from development of a group identity use, despite theoretical arguments emphasizing
tied to the vision of their older classmates, inter- their importance (e.g., Cohen, 1986; Hegtvedt &
actional dynamics that spurred endorsement of a Johnson, 2009).
new system, and the collective action—and ulti- In many instances, legitimacy already exists,
mately a margin of consensus—necessary to providing stability and decreasing the cost of
achieve it. In turn, the desired new system aligned compliance. Yet, as studies reviewed above indi-
with moral beliefs of equality and freedom, con- cate, legitimacy attenuates perceptions of and
sistent with Tyler’s (2010) value approach to responses to injustice. Nonetheless historical
social regulation. examples illustrate the possibility of undermin-
While analysis of this particular example, one ing previously legitimated social orders. More
among many describing historic social change, systematic work is needed to address the condi-
440 K.A. Hegtvedt et al.

tions under which perceived legitimacy fails to to express anger or resentment when a dispute
quell concerns about injustice (see Walker, 2014). over pay is with a manager endorsed by their
In effect, this is a question of the process of dele- peers, (i.e., legitimacy depresses negative emo-
gitimation (Johnson & Watson, 2015). To do so tional responses to injustice). Emotions, how-
also requires consideration of underlying pro- ever, may play other roles in the dynamic between
cesses activated by social conditions. legitimacy and emotions. Emotional bonds with
Thus, a second issue focuses on social psy- fellow group members may shape comparison
chological processes of cognition, identity, social choices, the development of a group identity, and
comparisons, and emotions. The theoretical ultimately the perceptions of the fairness of a sys-
approaches described in this chapter clearly iden- tem. Indeed, some evidence demonstrates that
tify roles for cognition or attribution (see also affect influences assessments of justice (Van den
work in system justification theory on stereotyp- Bos, 2003) and is not simply a response to injus-
ing (Rothmund, Becker, & Jost, 2016, Chap. 15 tice. Emotions may also override assessments of
of this handbook) and group identity. Although the “costs” of challenging a legitimate system
beyond the scope of this chapter and not specifi- that produces unfair outcomes or uses unfair pro-
cally anchored to justice concerns, much work on cedures. The Foot Soldiers example hints at these
intergroup processes involves examination of possibilities—incoming cohort members devel-
cognitive and group identity mechanisms that oped emotional bonds to their more senior coun-
foster or breakdown discriminatory practices, terparts, which may have reinforced personal
which, respectively, maintains or undermines the negative feelings toward discrimination.
legitimacy of a social ordering of groups (see Emotional elements of legitimacy and justice,
Hogg, 2006). And, implicit in both procedural moreover, may also figure in understanding moti-
and distributive justice approaches pertaining to vations underlying both compliance with and
legitimacy are concerns about social compari- challenges to legitimate authorities.
sons. When and with whom do individuals com- Although Tyler (2010) highlights motivational
pare their justice assessments with those of elements pertaining to justice and legitimacy
others, which in turn shape their justice assess- processes, his argument raises a third issue
ments? Are comparisons to members of the group regarding the nature of legitimacy. In effect, he
with which they identify or are they to others who suggests that congruency between an individual’s
they believe have more power in the situation? In own moral values and the values represented by
the example of the Spelman women who joined the dictates of legitimate authorities, help to
the civil rights movement, clearly they compared shape intrinsic motivations, which underlie a new
their evaluations of injustice to those of their value-based model of social regulation. As such,
upper-class peers rather than to their parents. legitimacy seems to become an attribute of an
Explicating underlying cognitive, group identity, individual, not of an “object” external to the indi-
and social comparison processes seems essential vidual. While such congruency helps to achieve
to a more nuanced understanding of the effects of rule adherence or compliance with authorities, it
legitimacy on responding to injustice. also seems akin to saying that Weberian notions
Unlike the other underlying processes, schol- of propriety drive systems of legitimacy. Yet, as
ars have given little attention to the role of emo- reviewed above, much of the research by Zelditch
tions in current theorizing and empirical work at and colleagues (see Zelditch, 2001a) suggests
the intersection of legitimacy and justice. Yet jus- otherwise—individuals failed to challenge a
tice researchers have long argued that people legitimized system despite their personal beliefs
emotionally respond to injustice, which in turn about its unfairness. Personal moral beliefs,
may propel further behaviors (see Hegtvedt, moreover, especially when they are supported by
2006). One vignette study (Johnson, Ford, & others, as in the example of the Spelman women,
Kaufman, 2000) addressing emotions shows that may be a means for undermining an illegitimate
individuals are less likely to feel resentment and system. This contrast between the possibility that
23 Social Dynamics of Legitimacy and Justice 441

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as a function of inclusive identification and power Zelditch, M., & Walker, H. A. (1984). Legitimacy and the
over ingroups and outgroups. European Journal of stability of authority. Advances in Group Processes, 1,
Social Psychology, 36, 239–258. 1–25.
Archives and Social Justice
Research 24
Susan Opotow and Kimberly Belmonte

Archives are familiar institutions. They vary groups, and individuals; assisting in the process of
widely in size, content, medium, and purpose. remembering the past through authentic and reli-
able primary sources; and serving a broad range of
Some are small family or institutional collections people who seek to locate and use valuable evi-
stored in homes, offices, or libraries. Others are dence and information (Society of American
large and preserve a city’s history, such as the 72 Archivists, 2012).
miles of records in the London Metropolitan
Archives, or a nation’s history such as the 150
million documents in the Ottoman Archives in
Istanbul. This paper argues that archives are rich 24.1 The Abuse of Authority:
sites for empirically-based social justice research. Archives and Injustice
Archive is a noun when it refers to a place-
based repository for historical records or arti- As influential societal institutions, archives have
facts. The verb, to archive, positions archiving as documented violent and unjust state activities as
an active process: “to place or store in an archive well as opposition to injustice.
referring to the activities involved with acquiring, Critical scholars have argued that, in addition
collecting, and making archival material avail- to preserving and maintaining historical material,
able to the public and to scholars” (Oxford archivists can foster social justice (cf., Cook,
English Dictionary, 2014). The Society for 2011; Jimerson, 2007). Harris (2007) maintains
American Archivists describe of the professional that “if archivists do not enter the power contests
activities that create and maintain archives: on behalf of democracy, then they turn their
Archivists select, preserve, and make available pri- backs on higher callings and condemn them-
mary sources that document the activities of insti- selves to being merely bureaucrats and function-
tutions, communities and individuals… Archivists aries” (p. 262).
provide important benefits and services such as:
identifying and preserving essential parts of the
cultural heritage of society; organizing and main- Archives and power. As “loci of power of the
taining the documentary record of institutions, present to control what the future will know of
the past” (Schwartz & Cook, 2002, p. 13),
archives are authoritative sites that can sub-
S. Opotow (*) • K. Belmonte
stantiate or refute historical accounts, reshape
City University of New York, New York, NY, USA
e-mail: sopotow@jjay.cuny.edu; kbelmonte@ collective and historical memories that fade
gradcenter.cuny.edu with the passing of generations (cf., Halbwachs,

© Springer Science+Business Media New York 2016 445


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_24
446 S. Opotow and K. Belmonte

1992), and support the contemporary social order activist individuals and groups, have been uti-
(Gorgas, 2003; Jimerson, 2007). In a 1970 speech lized in war crime prosecutions and have sub-
to the Society of American Archivists, Howard stantiated victims’ legal claims for redress.
Zinn called for the field to correct biased Archived records, for example, allowed
archiving practices that primarily preserve his- Americans and Canadians of Japanese descent to
torical material on people who are wealthy, seek reparations for World War II-era internment
white, and elite (Zinn, 1977). He asked archivists decades after the war (Laberge, 1987).
to actively seek out the stories and material of Archives have also documented the pre-
marginalized people who have been excluded carious circumstances of lives lived amidst
from the historical and archival record (also see injustice, offering detailed accounts of pro-
Ham, 1975). Doing so allows archives to offer found challenges faced by persecuted groups.
counter-narratives that retell history and chal- The Ringelblum Archive, for example, was a
lenge an unjust status quo (Harris, 2002). clandestine documentation project in the
Warsaw Ghetto during World War II. Led by
Archives and persecution. Several notoriously historian Emmanuel Ringelblum, the project
repressive regimes in the twentieth century pro- collected and archived narratives of
duced vast archives on individuals they perse- “researchers, writers, teachers, people in
cuted, tortured, and murdered (Quintana, 1998). public office, members of the underground,
The Third Reich in Germany (1933–1945), for and simple, ordinary Jews” (Kermish, 1992 ,
example, kept detailed records on deportations p. vii). Preserving these diverse personal
and deaths (Kahn, 1969). The Stasi, the Security accounts was motivated by a sense of urgency
Ministry of the German Democratic Republic as mounting persecution signaled an uncer-
(1945–1989), generated voluminous records tain future for the ghetto and its residents.
based on the surveillance of millions of East The archive served as a collective effort to
German citizens (Wolle, 1992). Security forces speak to people in the future about ghetto
during apartheid in South Africa (1948–1994) residents’ experiences.
also kept extensive files on citizens (Harris, National archives also document injustice
2002). The Khmer Rouge in Cambodia (1975– and efforts to combat it. For example, the
1979) archived confessions of political prison- Museum of Memory and Human Rights in
ers obtained through torture and photographs of Chile, which opened in 2010, contains
prisoners before their execution (Caswell, archives documenting the brutal human rights
2010). As these regimes lost power, such violations of the Pinochet dictatorship (1973–
archives became legal liabilities. Toward World 1990). These significant archives accumu-
War II’s end, the Third Reich ordered the lated as human rights groups in Chile opposed
destruction of its records to shield its leaders the dictatorship’s repressive policies. In the
from prosecution for war crimes. In South post-dictatorship period, the archives were
Africa, only documents with prior approval as used in legal proceedings against members of
“official memory” (Harris, 2007, p. 205) sur- the Pinochet government. In 2003 the archives
vived apartheid’s end. were incorporated into the UNESCO Memory
of the World heritage register because of their
Archives and the advancement of social justice. historical significance (Estrada, 2008 ). As
Despite archives’ origins in power hierarchies authoritative historical resources that docu-
and their role in oppressive regimes, archives mented the Pinochet era, the archives served
have also played a significant role in redressing as the basis for the Museum of Memory and
injustice. Archives that remained after repressive Human Right’s permanent exhibition
regimes ended, along with archives produced by ( Opotow, 2015).
24 Archives and Social Justice Research 447

24.2 Archives and Models what was included in the collection and what was
of Justice not, who uses or benefits from the archive, and
who may access it and who may not. The justice
Justice is a complex and diffuse construct. To contingency, who, aligns with arguments that
study the relationship between social justice archives should be inclusive and benefit all mem-
and archives, we focus on three justice contin- bers of society with special attention to previ-
gencies what, how, and who: distributive jus- ously excluded and silenced voices and
tice, procedural justice, and exclusionary and marginalized cultures (Harris, 2007; Jimerson,
inclusionary justice (Clayton & Opotow, 2003; 2007; Zinn, 1977). All matters of acquisition of
Opotow, 1996, 1997). information and access to archives, including the
Distributive justice emphasizes what resources implementation of open or closed access policies,
are fairly allocated to individuals or groups are relevant to exclusionary and inclusionary
(Deutsch, 1985; Walzer, 1983). Perceptions that justice.
resources are distributed unfairly can provoke To summarize, archives and social justice
perceptions of distributive injustice. Foa and Foa research intersect in several ways. First, archives
(1974) contend that both tangible and intangible offer details about how people in the past have
distributive resources, such as information, have perpetrated injustice, been victims of injustice,
psychological importance. Applied to archives, and been bystanders to injustice. This can pro-
distributive justice concerns an archive’s infor- vide information of interest to scholars who are
mational resources, including materials in its col- examining the past, comparing the past with the
lections and materials that can be accessed. present, or developing theory on justice and
Procedural justice emphasizes how proce- change. This information can also support social
dures and processes guide social relations. A pro- justice initiatives by providing documents that
cedural model of justice is attentive to the clarity validate claims about past injustice.
and consistency of rules, the impartiality of deci- Second, archives provide evidence for
sion makers, and the correctability of unfair pro- changes in norms and behavior over time. They
cesses (Lind & Tyler, 1988; Thibaut & Walker, offer details on various forms of injustice in the
1975). Applied to archives, procedural justice past including racial discrimination; social
concerns institutional policies and archivists’ inequality/poverty; the abuse of political, eco-
activities that operationalize these policies nomic, military power; and group-based victim-
including collecting, cataloging, preserving ization and violence.
archival material, and shaping or reshaping a Third, archives can foster informational injus-
collection. tice when the material they contain does not rep-
Exclusionary and inclusionary justice focus resent the totality of what was available and,
broadly on the justice contingency, who. It is an instead, is biased due to selective acquisition
emphasis on social categories that are within or policies or excision of unwanted material. This
outside the scope of justice, the boundary within can serve special interests rather than the larger
which considerations of fairness apply to others public.
(Opotow, 1990). Those within the scope of jus- Fourth, archives are valuable information
tice can be viewed as deserving of rights and repositories once people who witnessed past
resources; those outside can be viewed as nonen- events are gone. They can supply the raw mate-
tities or enemies and therefore can be harmed or rial for scholarly and artistic projects, including
exploited (Opotow, 1995, 2012). Applied to books, articles, plays, and exhibitions that can
archives, exclusionary and inclusionary justice inform the larger public about the causes, pro-
aligns with critical perspectives that are attentive gression, and outcomes of past injustice with the
to the purpose for which an archive was created, goal of preventing similar injustice in the future.
448 S. Opotow and K. Belmonte

24.3 Archive-Based Social Justice among care, intimacy, power, control, and humil-
Research: Five Examples iation. These narratives focused on people whose
lives were rendered invisible during apartheid. In
To study the kinds of justice questions that can be one narrative a man recalls witnessing the effects
examined in archives, we sought out archive- of racism on his mother. His account foregrounds
based, empirical, social science studies on jus- how economies of care entwined with the exclu-
tice. Because the search proved challenging, sionary policies of apartheid:
yielding too many hits or too few, we worked I watched my mother bringing up white kids, serv-
with a university reference librarian. Together, ing white people to ensure that we were fed. With
we located 14 peer-reviewed articles at the inter- each year that passed, I watch her energy slipping
section of archives and social justice. In this set away, ounce by ounce… I watched a life of a par-
ent being offered for the convenience of a white
of papers, researchers used archives to investi- person, until there was nothing left. My mother
gate various social justice issues at the individual, worked for the one family for more than 20 years.
community, institutional, and societal levels. A When she left their employ, there was no pension,
close read of the method sections in each paper and not even money for a couple of months. She
was discarded because they had no use for her any-
indicated that 5 of the 14 papers had a primary more. (N31, Black, male, 50s) (p. 311)
focus on archival research. In the section that fol-
lows we describe these five papers that sample As Shefer explains, interrogating the lived
the broad possibilities for archive-based social experiences of apartheid asks how we, in the
justice research. present, can achieve “nonracialism, gender equal-
ity, peace and justice” (p. 310). Examining the
experience of structural injustice alongside insti-
24.3.1 Domestic Work During tutionalized white privilege, Shefer argues, can
Apartheid aid us in the task of fostering racial justice today:
A nonviolent and peaceful South Africa requires
The Apartheid Archive Project (AAP) is an inter- facing the historical and contemporary renditions
national research effort initiated in 2008 that of power relations, in their intertwined material,
examines the experiences of racism under South ideological, and psychical forms, so that the humil-
iations and violence caused by racism become
African apartheid (1948–1994), a sociopolitical unimaginable. (p. 316)
system that legalized racial segregation to pre-
serve white privilege. The AAP focuses on apart- Shefer’s study on domestic workers during
heid as remembered in the narratives of people apartheid highlights distributive and exclusion-
who lived through it in order to understand how ary injustice. Distributive injustice is evident in
apartheid affected ordinary South African people the meager compensation domestic workers
in their daily lives and its continuing effects received and their poor working conditions.
today. Its narratives permit the study of the com- Exclusionary injustice attends to people’s experi-
plex relationship among memory, nostalgia, ences within the extremely narrow scope of jus-
injustice, and guilt. tice of apartheid. The AAP fosters distributive
To examine how people experienced struc- and inclusionary justice by collecting documents
tural injustice in the past and how that past con- on the human effects of apartheid and making
tinues to influence contemporary society, Tamara them available to researchers and the wider pub-
Shefer (University of the Western Cape) studied lic on the Web. The Project and its research
17 narratives on domestic workers collected by papers clarify that all South Africans have histo-
the AAP. Her 2012 paper, “Fraught tenderness: ries that are important at the individual, family,
Narratives on domestic workers in memories of and national level. These histories allow people
apartheid” examines the complex relationship today to remember and learn from an unjust past.
24 Archives and Social Justice Research 449

24.3.2 Educational Injustice tions that discriminate against its citizens. (Meiners
& Quinn, 2010, p. 150)
and Queer Militancy
Consistent with a scholar-activist model,
People who identify as lesbian, gay, bisexual, or Meiners and Quinn used this archive to build a
transgender (LGBT, referred to with the umbrella movement that demanded LGBT students and
term, queer) have historically experienced dis- teachers be afforded the same rights and privi-
crimination in multiple spheres of society. In a leges afforded their heteronormative peers. Thus,
2010 paper on educational justice, “Doing and the archive was an activist tool that was deployed
feeling research in public: Queer organizing for to contest discrimination.
public education and justice,” Erica Meiners Meiners and Quinn’s work is intended to foster
(Northeastern Illinois University) and Therese procedural justice by questioning educational pro-
Quinn (School of the Art Institute of Chicago) cedures and policies that normalize the exclusion
describe an archive they created to document the of LGBT students. They engage in what Felstiner,
marginalization of LGBT individuals and support Abel, and Sarat (1980–81) have described as
their activist goals. They investigated the relation- “naming, blaming, and claiming” (p. 631), identi-
ship between the privatization of public education fying injurious experiences so that they can
and the marginalization of queer students and become more widely understood as grievances
teachers in Chicago Public Schools, centering warranting broader attention. In their scholarship
their research on three conflictual educational con- that documents injustice, Meiners and Quinn seek
texts that denigrated homosexuality: (1) military- distributive and inclusionary justice. In this exam-
themed schools within the public school system at ple we see how these two kinds of justice interact
a time when homosexuality was illegal in the US when information sharing, a form of distributive
military and individuals identified as homosexual justice facilitated by archives, can support inclu-
were discharged; (2) holding conferences for pub- sionary advocacy in public education.
lic school teachers at a private Christian college
requiring applicants to sign a pledge stating that
homosexuality is immoral; and (3) the removal of 24.3.3 Land Claims: Ancestral
sexual orientation and social justice training from Rights and Historical
teacher accreditation standards. Injustice
Meiners and Quinn’s archive spanned two
years (2005–2007), and it included political cam- In a 2008 paper on legal and racialized social
paign letters, flyers, emails, and petitions. As one inequality in the past and present, Sharad Chari
example, in 2004 the Chicago Board of Education (University of KwaZulu-Natal and the London
decided to convert part of a public high school to School of Economics) utilized ethnographic
a military-themed school funded with a grant methods to document how residents of
from the local naval base. Opponents to this ini- Wentworth, a suburb of Durban, South Africa,
tiative argued that it would privatize education to created archives to engage in political work to
serve special interests and marginalize queer stu- counter historical and contemporary racism.
dents and educators. The archive they created Wentworth, a township polluted by the petro-
includes a 2005 letter from 53 educators to the chemical industry, was developed for Colored1
Chicago Board of Education explaining their people in the 1960s and has been a center of envi-
opposition and stating in part: ronmental activism in South Africa.
Although the Chicago Board of Education, City of
Chicago, Cook County, and the State of Illinois all 1
Social categorizations constructed during apartheid used
prohibit discrimination based on sexual orienta- the term Colored as one of four main racial groups identi-
tion, the United States Military condones discrimi- fied by law: Blacks, Whites, Colored, and Indians.
nation against sexual minorities… Chicago should Colored describes people of mixed racial/ethnic origin
refuse to allow the military to recruit in its public who possess ancestry from Europe, Asia, and various
schools, and refuse to do business with organiza- tribes of Southern Africa.
450 S. Opotow and K. Belmonte

Chari’s paper, “The antinomies of political restitution, and she clips newspaper articles on
similar restitution and recognition efforts else-
evidence in post-apartheid Durban, South
where in South Africa. (Chari, 2008, S73)
Africa,” examines how local environmental jus-
tice groups and individuals in Wentworth counter These personal archives, like Meiners and
“corporate and governmental obstinacy” (p. S64) Quinn’s (2010), are attentive to social justice
by producing archives that they use as tools for process and outcomes. These archives are not
environmental activism. intended to be repositories of historical records.
In this study, residents described various envi- Instead they are efforts by people to create tools
ronmental efforts including obtaining title to that they use to redress injustice. In such
ancestral land that was lost because of long- archives narratives and evidence together reveal
standing race-based policies of dispossession and a compelling history. Chari’s scholarship on the
segregation predating and during apartheid. Chari making and using of archives engages with
interviewed Wentworth residents who sought questions of procedural, distributive, and inclu-
recompense for lost land holdings through the sionary justice. The residents are concerned
maintenance of personal archives that included with procedural injustice enshrined in laws and
land titles, newspaper clippings, photocopies of court procedures. Consistent with Shefer (2012),
book chapters, and objects. These archives were this research also asks: How did procedures and
assembled purposefully to speak back to institu- distributions of resources, normalized under
tionalized racism that had allowed whites, but not apartheid, affect people historically and how do
people from other racial designations, to own they continue to affect people in South Africa
land under apartheid. today? The evidence in residents’ archives
Chari described the use of archives to press draws our attention to structural injustice in
questions of justice for a Wentworth resident, such questions as: Whose claims have legiti-
Louise Landers. Using documentary evidence macy? Who was allowed to own land? Do such
including her land title documents as well as claims rightfully expire?
chapters she has photocopied from books,
Landers asserted her family’s land before they
were dispossessed by the 1913 Land Act. Chari 24.3.4 The Black Panther Party’s
explained: Community Activism
What is important is that these and a few other
individuals in Wentworth continue to collect his- The Black Panther Party (BPP), prominent in the
torical evidence not just for compensation of loss USA in the 1970s, was stereotyped in the main-
of land and title, but also to demonstrate the stream media as a dangerous and violent organi-
wrongfulness with which these arguments have
been dismissed. In this respect, these appeals to zation. These derogatory accounts reinforced
historical evidence share common cause with oth- negative stereotypes, inflamed fears, and justified
ers who maintain documentary evidence of partici- undercover surveillance and violence directed at
pation in Apartheid and anti-Apartheid politics, in the BPP by the state. Scholarship by Ricky Pope
varied ways of claiming the right to political par-
ticipation. (Chari, 2008, p. S72) (Western Michigan University) and Shawn
Flanigan (San Diego University) focuses on com-
Chari placed Landers’s efforts in the sociopo- munity service activities of the BPP. They observe
litical context of evidence-based claim-making: that service activities by groups willing to use
These limited archiving experiments in Wentworth violence are often framed as a utilitarian tool to
show how some people try to support their political recruit members.
claims—whether individual or communal—by Focusing on the BPP in the 1970s and using
supplementing notions of agency with the careful archival material, Pope and Flanigan problema-
maintenance of documents. While Louise Landers
maintains evidence of her land claim, she also sees tize this “utilitarian notion of service provision”
it as part of a broader project of Coloured land (p. 446) to argue that the BPP’s community
24 Archives and Social Justice Research 451

programs were intended to support and heal ground. These acts show the gross unconcern the
city government has for the aged. (Pope &
communities burdened with oppressive structural
Flanigan, 2013, p. 463; from The Black Panther
arrangements. Their 2013 paper, “Revolution for [newsletter], Dec. 16, 1973)
Breakfast: Intersections of Activism, Service,
and Violence in the BPP’s Community Service What was ignored then as well as now, Pope
Programs,” describes Pope and Flanigan’s exami- and Flanigan argue, are the significant contribu-
nation of archival material on the wide range of tions the BPP made to the community through
BBP social services activities at their Oakland programs that addressed chronic hunger and pov-
California headquarters. These materials include erty, the lack of police protection, and police
archival video footage, narrative and personal brutality.
accounts, and news articles. Pope and Flanigan Pope and Flanagan’s use of archival material
write: challenges historic, derogatory accounts of the
BPP and provides details on the context in which
The BPP offered a wide range of health and
social services as part of its survival programs,
the Black Panthers worked and their social justice
including free breakfast programs for school activities. They argue that these activities were
children and food aid for families; schools, adult undertaken to benefit the larger community rather
education, and childcare; medical care, medical than to recruit members. Their research highlights
research, and ambulance services; cooperative
housing; employment assistance; free shoes and
distributive justice in two ways. First, it highlights
clothing; free plumbing, home maintenance, and historical distributive injustice in the deficient
pest control; and protective escort for the elderly civic resources afforded the Oakland community.
(Hilliard, 2007). (p. 454) Second, it utilizes archival evidence as informa-
As Craig Rice explained in The Black Panther: tional justice in order to counter past distortions
Intercommunal News Service (Hilliard, 2007), a and one-sided accounts of the BPP in the 1970s,
book compiling 20 volumes of the BBP’s official representations that justified exclusionary policies
newsletter, The Black Panther (1967–1980): then and that hinder a fuller understanding of the
BPP’s history now.
The Panthers… promoted self-defense against
hunger, self-defense against addiction, self-defense
against poverty. They established programs to
address critical issues like the breakfast program 24.3.5 Social Movements
for school children and the free health clinics, and
gave a voice to those who had never been heard and Political Posters
before. (Pope & Flanigan, 2013, pp. 459–460; see
Rice, 2007, p. xvii) The Center for the Study of Political Graphics
(CSPG) is a California-based archive that col-
These programs were instituted in response to
lects and exhibits domestic and international
the BPP’s understanding that the police did not
political posters on social issues from the late
protect the black Oakland community:
nineteenth century to the present (Wells, 2000).
The absence of police protection and the presence The CSPG has over 80,000 political posters in
of police oppression is a common theme reported
in relation to provision of services by the BPP… its collection focusing on human rights, racism,
On the days that seniors go to the banks to cash sexism, war, environment degradation, and other
their social security and pension checks, they are social issues. In this social justice graphic
sometimes mugged. Since the police department archive, the posters are understood as historical
does not do its job, we have initiated S.A.F.E
[Seniors Against a Fearful Environment]… When records that document people’s efforts to make
seniors asked the Oakland Police Department for the world more just (CSPG documentary, 2014).
more protection, they received only suggestions: In her 2000 paper, “Solidarity forever! Graphics
“Walk closer to the curb, away from buildings.” on the International Labor Movement,” Carol
Recently, the Oakland City Council gave the
police department over $455,000 for another Wells describes how this collection of posters,
police helicopter that will patrol the city from the which chronicle international and transhistorical
air while senior citizens are being mugged on the social justice and human rights issues, have con-
452 S. Opotow and K. Belmonte

tinuity over time as social justice movements labor conditions, racial disparities in incarcera-
become influential, recede, and then become rel- tion, and the violations of human rights. It high-
evant again. lights distributive injustice in the lack of equity
Traveling exhibitions of the CSPG have and fair treatment.6 By organizing traveling exhi-
included All Power to the People!, a collection of bitions of its archival collections, CSPG makes
Black Panther Party posters and newspaper its collections more available, enacting principles
graphics produced in the 1960s and 1970s,2 and of distributive and inclusionary justice. The gen-
Courageous Voices,3 an exhibition on racism, erativity and intergenerationality of archival
sexism, and human rights (Wells, 1990). Recent material is particularly evident in the collections
CSPG exhibitions include Out of the Closet and and exhibitions of the CSPG. Many of its posters,
into the Street, focused on LGBTQ liberation which are now archival material, drew upon the
movements nationally and internationally that then-available archival material when they were
“connect the celebrations and struggles that have created.
been central to the history of Los Angeles to the
broader LGBTQ community, and show the cen-
tral importance of graphics to educate, agitate 24.3.6 Contributions of Archive-
and organize.4” Another exhibit, Prison Nation,5 Based Research to Social
included posters of the prison-industrial com- Justice
plex, racial disparities in sentencing, the death
penalty, prison privatization, and prisoner These five studies sample the wide range of
re-entry. archives available that are useful for social justice
Wells (2000) describes the importance of the research from smaller, personal collections to
graphic tradition in struggles for social justice: institutionally-based archival material. Utilizing
The graphic tradition supporting the rights of archival material as a primary data source to
workers—especially posters and cartoons—has an examine a wide variety of social justice issues,
unprecedented continuity. Most protest move- these five papers suggest three ways that archive-
ments are related to a specific event, such as the based research can further research on social
Viet Nam War, or a topical issue, such as
AIDS. Some struggles, such as women’s rights, are justice.
cyclical and have been ‘rediscovered’ by subse-
quent generations. But the labor movement, with Changes in norms and values. Each of the papers
all of its changing populations and social condi- speaks to changes in justice norms and behaviors
tions, has been producing powerful images
throughout the current century, and many decades over time. For example, archives allowed Shefer
before. Labor posters cover many human-rights (2012) and Chari (2008) to compare present and
issues confronting society at large, such as sexism, past. Both scholars document how the injustice of
racism, immigration, war (both anti and pro) and apartheid, which seemingly ended decades ago in
the environment. (pp. 509–510)
1994, can nevertheless persist in present lives and
By documenting social movements through social relations. Shefer’s (2012) layered analysis
protest graphics, the CSPG encompasses key that examines multiple perspectives across time
social justice issues including racism, sexism, reveals the complex personal and societal dynam-
war, environmental degradation, exploitative ics associated with institutionalized injustice. Chari
(2008) discusses contemporary individual-pro-
2
duced archives that address historical and contem-
See information on All Power to the People! exhibit at
http://www.politicalgraphics.org/home.html
porary laws and norms with implications for social
3
See http://www.politicalgraphics.org/cgi-bin/album. justice. Wells (2000) describes an archive that
pl?album = 12courageous_voices allows researchers to examine activist responses to
4
See https://www.politicalgraphics.org/exhibitions/anno-
tations/outofthecloset.pdf
5 6
See https://www.politicalgraphics.org/pdf/PRISON%20 Also see Lau (2013) on the Interference Archive and
NATION%20-Gallery%20Guide.pdf http://interferencearchive.org
24 Archives and Social Justice Research 453

various kinds of social justice issues over time. The ported anti-racist, anti-sexist, pro-labor, and other
many kinds of archives in these papers, including social movements in the past. Visual evidence of
protest posters, narratives about domestic work in these movements in the Center for the Study of
the apartheid era, and personal archives on land Political Graphics Archive can inform and inspire
claim, fundamentally concern such enduring social contemporary collective efforts to realize social
issues as racism, inequality, and the abuse of power justice goals.
that takes various forms over time.

Constructive effects of archival research. Each of 24.4 Working with Archival Data:
the five papers details the constructive effects of Inclusionary
archival research and its potential to redress ste- and Exclusionary Challenges
reotypes, distortions, and erasures from main-
stream histories. For example, Meiners and Archives offer social justice researchers a rich
Quinn’s (2010) work on LGBT marginalization and varied source of historical data that may be
and Pope and Flanigan’s (2013) work on distor- unavailable from other sources. They can provide
tions of BPP history exemplify how archives can details on individuals’ lives, societal institutions,
foster informational justice, a form of distributive special events, and historical periods. Like other
justice that reappraises past stereotypes and con- data sources, archival data have limitations, so
tributes new knowledge. The use of archives in this concluding section advises readers about
these papers provides evidence on contexts and methodological and interpretative challenges of
issues missing from the public record. Chari’s working with archival data.
work (2008) indicates that personal archives can
be utilized productively along with other meth-
ods (e.g., surveys, interviews) to capture the 24.4.1 Methodological Challenges
complexity of lives lived amidst difficult and of Archival Data
unjust conditions.
In archival methods, history and ethics entwine.
Continuing forms of injustice. All five papers Archives, regardless of their age or size, offers
speak to various groups’ memories of having only a slice of history. An archive cannot capture
experienced injustice. Focused on historical peri- every event nor can it contain the complete record
ods, they enrich our knowledge of a past that is of every life, organization, or nation. Because an
relevant today. Shefer’s (2012) study of domestic archive’s collection is limited to materials origi-
workers’ exploitation during apartheid resonates nally gathered and later maintained, social justice
with the plight of low-wage workers throughout researchers should be knowledgeable about the
the world today. Meiners and Quinn’s (2010) archive’s history and consider the strength and
paper resonates with homophobia and discrimi- appropriateness of the available material to
nation against LGBT people that continues to answer their research questions (Zaitzow &
have harmful effects in societies throughout the Fields, 1996).
world. Chari’s (2008) research on grassroots Over the lifespan of an archive, archivists
archives links historic and contemporary envi- were subject to influences of the prevailing status
ronmental degradation to activist movements in quo. These may have been reflected in decisions
marginalized communities throughout the world. they made about the kinds of materials that were
Pope and Flanigan (2013) address distortions in important and warranted preservation. These
the historical record about groups that were vili- decisions might later have been revisited as an
fied and persecuted as they sought to achieve the archive expanded or downsized, resulting in
wider applicability of social justice. Wells (2000) additions to or culling of the collection.
describes how visual representations have sup- Throughout an archive’s history, the collection
454 S. Opotow and K. Belmonte

may also have changed as records were deliber- edge broadly rather than offering access only
ately or inadvertently destroyed, a process called to the elite individuals or groups.
fragmentation (Guha, 1997). In their seminal 1993 Sage methods mono-
Archives contain historic materials that seem graph on archival research, Elder, Pavalko, and
to offer incontrovertible evidence of the past. Clipp summarize these challenges well: (1) archi-
Critical scholars have argued, however, that val data are never precisely what one wants or
archives only offer a “professional illusion” expects; (2) archival data reflect the perspectives
(Gilliland, 2011, p. 197) of neutrality and objec- of original investigators; and (3) the rationale for
tivity (Also see Jimerson, 2009; Schwartz & using archival data should be based on the
Cook, 2002). Ketelaar (2008) challenges the strengths of the data, while aware of its
notion that any set of archival records can be weaknesses.
impartial because they include what their recorder Therefore, before beginning work with
recorded as true. Although archives can be archive-based materials, researchers should be
authoritative, they cannot claim impartiality as aware of the archive’s history and alert to particu-
they invariably present a particular perspective of lar material or perspectives that may be missing.
truth and history. Thus, each archive has its own Historicizing the archive and its collection per-
history of inclusions and exclusions that have mits scholars to interpret key material in light of
occurred over generations of archival caretaking. such questions as: Who created the archive,
The Ethical Code of the Society of American when, and for what purpose? Who has main-
Archivists (2012) is attentive to the exclusion- tained it and with what resources? Was material
ary and inclusionary potential of archives, stat- lost over time? If so, what, when, and why?
ing: “Since ancient times, archives have
afforded a fundamental power to those who
control them. In a democratic society such 24.4.2 Interpretative Challenges
power should benefit all members of the com- of Archival Data
munity” (Society of American Archivists,
2012). Like traditional historical accounts that Drawing on Carolyn Steedman’s (2002) work,
afforded more attention to elites than to ordi- Maria Tamboukou (2014) describes her archival
nary or marginalized people (cf., Newsinger, research on an individual’s letters as working
2009; Prashad, 2007; Zinn, 1980), archives with historical fragments and discontinuities that
have often been focused on elite sectors of soci- require the interpretation of silences. She
ety. Anne Gilliland (2011) urges archivists to observes that the notion of the archive inevitably
be more attentive to marginalized communities “operates with certain inclusions and exclusions”
in their work: (p. 618) that requires the researcher to make
The needs of some communities and individuals interpretative decisions throughout the research
whose identities, lives or welfare are implicated process. She states:
with the record will never be equitably addressed
The researcher is always creating an archive of her
without a proactive archival community that many
own, which gradually becomes part of wider fields
would argue is incompatible with neutrality, but
and bodies of knowledge. It is the researcher’s
others would argue is the pursuit of social justice
archive, or what I have called ‘the researcher’s
(p. 207).
cut’, that creates a unity, piecing together archival
To achieve such social justice goals, the fragments, theoretical insights, spatio-temporal
experiences and material conditions and limita-
Ethical Code of the Society of American tions. (p. 631)
Archivists ask archivists to capture a multiplic-
ity of historical perspectives rather than have a Tamboukou’s description implies that, on a
limited base of knowledge. It also urges archi- smaller scale, researchers’ work with archival
vists to make their archives widely accessible material mimics the archivists’ work in selecting
to the public so that archives can foster knowl- and arranging historical material. Her description
24 Archives and Social Justice Research 455

emphasizes that archival research requires data but not interpretations. Researchers, there-
researchers to be attentive to inclusions and fore, must be knowledgeable about the period
exclusions in their own process. under study and careful about imposing meaning
Ben Gidley (2012) advises that even when from the present onto the past. With these caveats
records are missing, partial, or biased, they can in mind, the analysis of archival data can yield
reveal a history of injustice when read knowledge- important findings that can expand our knowl-
ably and critically. In the context of colonial texts, edge of past social justice and its relevance today.
Edward Said (1993) has argued for a contrapuntal
reading that takes account of intertwined histories
and perspectives even when some perspectives are References
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Justice and Culture
25
Ronald Fischer

Justice issues are among the most fundamental writings from ancient Mesopotamia—deals with
elements in any human interaction. As soon as questions of paying fair wages, regulating
two individuals start a relationship or interaction inheritance and making fair decisions in social
where they want or need to exchange some form interactions.
of goods, issues of fairness and justice emerge. Humans are an ultra-social species. The forma-
These exchanges can be material such as trading tion of tight social relationships and the ability to
food, clothes, or tools, or can involve immaterial form effective bands of related individuals
goods, such as helping each other or sharing enabled our survival in prehistoric times.
information. Imagine two people stranded on an Humans most likely roamed in small bands.
empty island. They need to regulate and solve Within each band, each band member received
problems such as the organization of food gather- enough to get by and the social group helped to
ing and how much food each person is allowed to ward off predators and enemies. Going all the
eat. If one gathers the firewood, is the other per- way back to the beginnings of humanity, all cur-
son allowed to benefit from the fire at night or rently continuing human groups and cultures
cook food? Is the effort expanded to gather fire- share a concern for justice. Rudimentary justice
wood worth an equal share in any spoils of hunt behaviors can even be observed in higher pri-
or should our desert island protagonists give pri- mates such as chimpanzees, rhesus monkeys or
ority to some activities over others? These ques- gorillas, suggesting an evolutionary or biologi-
tions arise in any social interaction independent cal mechanism for justice (e.g., Brosnan, 2006).
of cultural context. The desert island example is a What is likely to make humans different is our
simple scenario which is encountered in much sense of individuality within a social context.
more complex forms in social interactions in Allan Lind (2001) theorized that all humans are
modern societies. It is no coincidence that faced with the fundamental dilemma of whether
Hammurabi’s code—one of the earliest surviving they should submit to the group or whether they
should retain their self-identity. In most social
situations, these two goals are mutually exclu-
R. Fischer (*) sive and individuals need to find a balance. Lind
Victoria University Wellington, Wellington,
New Zealand
(2001) argued that the best solution to this
dilemma is to use perceptions of justice. Justice
Aarhus Institute of Advanced Studies, Aarhus,
Denmark
principles concern boundaries of power abuse,
e-mail: Ronald.Fischer@vuw.ac.nz; rfischer@aias.au.dk entail criteria for decision-making and adequate

© Springer Science+Business Media New York 2016 459


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_25
460 R. Fischer

interactions that limit the potential for exploitation actions that are used to implement justice criteria.
and allow individuals to engage in group activ- This addition of practices is quite important from
ities without the fear that advantage will be taken of a cultural perspective, because individuals may
them. Therefore, by relying on justice perceptions universally prefer a single justice rule (e.g., pay-
in social relations, individuals can get a sense of ing people according to their contribution), but
whether they are exploited or whether they are how such a rule is implemented (in terms of the
regarded as full members of the social group. criteria or practices) may differ significantly
My argument, drawing upon these evolution- depending on the local conditions.
ary examples, is that justice concerns are univer-
sal, independent of culture. Yet, cultures differ in
how and when justice issues are addressed and 25.1.2 Focus on Justice Perceptions:
the specific criteria that are used by different The When
human groups to solve justice dilemmas.
Studying cultural differences in justice is of great A second distinction was introduced by
importance given (a) the fundamental nature of Cropanzano, Byrne, Bobocel, and Rupp (2001),
justice in regulating human interactions and (b) differentiating temporal aspects of perceptions of
the unprecedented levels of interactions between justice. The major difference is between evalua-
individuals from different nationalities and cul- tions of specific events (event perspective) versus
tures due to globalization and internationaliza- a more global evaluation of individuals, groups,
tion of business. In the remainder of this chapter, or institutions in terms of their accumulated jus-
I will explore some of these differences, espe- tice credits (social entity perspective). Event per-
cially in the context of work relations, where jus- ceptions are evaluations of specific organizational
tice issues are probably most salient (e.g., just events such as promotion or pay raise decisions at
think of the number of hours each day most peo- a specific point in time, whereas entity evalua-
ple spend at work) and because it is organiza- tions are global evaluations of social entities such
tional justice that has attracted a large amount of as supervisors, groups, or organizations over
research in the social sciences. In order to under- time. Research in justice using experiments has
stand how culture may influence justice percep- typically examined event perceptions (e.g., the
tions and justice-related decision-making, I will fairness of a justice manipulation), whereas entity
first differentiate between different components perceptions are more often investigated through
in the justice process. the use of field surveys (e.g., asking individuals
to evaluate the perceived overall fairness of
supervisors or organizations). Cropanzano et al.
25.1 Unpackaging Justice (2001) linked these two perceptions back
Perceptions together. First, objective justice-related events
are evaluated by individuals (event perceptions)
25.1.1 Level of Abstraction: The How and these perceptions are then cognitively inte-
grated by individuals into global perceptions
Justice concerns, actions, and perceptions can be about a social entity (entity perceptions) (Lind’s,
differentiated in a number of ways. First, we may 2001 Fairness Heuristic Theory suggests a pro-
examine justice perceptions in terms of the level cess mechanism). I argue that this differentiation
of abstractness. Morris and Leung (2000) pro- is important for at least four reasons when we
posed a two-stage model distinguishing between discuss cultural differences. First, it clearly rec-
justice rules and justice criteria. Justice rules are ognizes the difference between the actor (organi-
abstract principles that guide decisions, whereas zational decision-maker) and the perspective of
justice criteria are the implementations of any observers, partners, or recipients. Even though, it
specific rule. Expanding this model, Leung and is a simple distinction, these perspectives are
Tong (2004) added justice practices: the concrete often confused, especially in cross-cultural work
25 Justice and Culture 461

and we need to pay close attention to whose three dimensions of justice. Distributive justice
perspective is being studied. Second, individual refers to perceptions of the distribution of
differences are likely to influence how much peo- rewards, whether people believe that their out-
ple pay attention to justice-related events. For comes and rewards match their inputs or invest-
example, there are individual differences in how ments (Adams, 1965). The second component is
much people pay attention to violations of jus- procedural justice, which is the evaluation of the
tice, so-called equity sensitivity (Huseman, procedures that determine these outcomes
Hatfield, & Miles, 1987; see also Baumert & (Thibaut & Walker, 1975). Interactional justice
Schmitt, 2016, Chap. 9 of this handbook). In (Bies & Moag, 1986) concerns the treatment of
addition to individual differences, there are also individuals by decision-makers, the extent to
cross-national differences in equity sensitivity which procedures are explained and issues of
(Chhokar, Zhuplev, Fok, & Hartman, 2001; showing respect and sensitivity in justice-related
Mueller & Clarke, 1998). Third, the interpreta- interactions. Interactional justice elements apply
tion of justice events by the observer, partner, or to both procedures and distributive elements.
recipient of any interaction is important. These Consequently, Greenberg (1993) argued that
interpretations are likely to be shaped by per- there are four different components of organiza-
sonal, situational, and cultural context variables tional justice ordered along two independent
(Morris, Leung, Ames, & Lickel, 1999). Finally, dimensions. The first dimension is the traditional
if individuals perceive some injustice, they will differentiation of justice focusing either on pro-
need to decide how to react. Perceived injustice cedures or outcomes. The second dimension
does not automatically translate into behavioral refers to the focal determinant (either structural
or attitudinal changes. Individuals often have or interpersonal). According to Greenberg
choices about whether and how to react to actions (1993), procedural and distributive justice are
of perceived injustice and these choices (as well concerned with structural aspects of organiza-
as the extent to which people perceive a choice) tional decision-making. The focus is on the insti-
also differ across situations and cultural contexts. tutional or structural context within which the
Much cross-cultural research does not consider interaction occurs, e.g., the procedures used to
presence or absence of choice and the nature of determine an outcome and the perceived fairness
choice when individuals are faced with injustice. of the final outcome. The concept of interper-
Individuals in a particular cultural context may sonal justice in contrast emphasizes the treatment
not react to an unfair action because of a per- of individuals, examining how the structural ele-
ceived lack of choice or a perceived inability to ments are implemented in interpersonal interac-
express their negative reactions, but nevertheless tions. Crossing the two dimensions leads to four
feel that an injustice was committed. Claims that justice components: procedural (procedures,
justice is less important in some cultures com- structural), distributive (distributions, structural),
pared to others typically ignore the influence of informational (procedures, social), and interper-
choice and/or situational constraints. It may just sonal justice (distributions, social). This unifying
be that researchers missed this crucial variable framework has helped to clarify how justice per-
that limits the expression of perceived injustice ceptions at the entity level can be organized. An
(which was studied by the researcher). instrument measuring these four dimensions has
been developed by Colquitt (2001) in US organi-
zations. The most comprehensive assessment of
25.1.3 Dimensions of Justice: this measure across different cultural contexts
The What was done by Fischer et al. (2011), examining jus-
tice perceptions in samples from Argentina,
A third and classic distinction is in terms of Brazil, Egypt, Indonesia, Lebanon, Malaysia,
the dimensions of justice. There is now relative New Zealand, Philippines, Saudi Arabia, Taiwan,
consensus in the literature that there are at least Turkey, United Kingdom, and the United States.
462 R. Fischer

Using state-of-the-art multigroup confirmatory (emphasizing identity concerns such as self-


factor analysis, they found strong support for a worth, esteem, and acceptance by others as com-
four-dimensional structure that fitted well across municated by fair treatment; Lind & Tyler, 1988;
all countries. At the same time, perceptions of Tyler & Lind, 1992) and the moral virtue or
justice were found to be more highly intercorre- deontic approach (people care about justice
lated in societies where relationships are charac- because it reinforces basic values of human dig-
terized by inequality and greater group orientation nity and worth; Folger, 1998; see also the earlier
(collectivism). In these more hierarchical and work by Lerner, 1971; 2003). More recent theo-
group-oriented contexts, employees may dis- ries such as fairness heuristic theory (FHT, Lind,
criminate less between different dimensions of 2001) and uncertainty management theory (UMT,
justice and perceive the organization more holis- Lind & Van den Bos, 2002; van den Bos & Lind,
tically. Fischer et al. (2011) argued that this pat- 2002) combine some of these concerns, by postu-
tern fits with extensions of the relational model of lating that individuals worry about possible
authority (Tyler & Lind, 1992). Interestingly, exploitation in their relationships with groups
score reliabilities were lower in collectivistic set- and authorities and therefore monitor justice as a
tings, partially explaining why justice effects means of gauging whether they can trust particu-
may sometimes be weaker in some non-Western lar groups and authorities (see for example, Jones
samples. & Martens, 2009). The central tenet of these the-
ories is that humans have a need for predictability
and uncertainty reduction.
25.1.4 Justice Motives: The Why These different justice motives can be distin-
guished into more specific motives which then
Finally, individuals may care about justice for may be related to several of the four justice
different reasons (Ellard, Harvey, & Callan, dimensions discussed in the previous section
2016, Chap. 7 of this handbook). This relates to (e.g., Barry & Shapiro, 2000; Jones, Scarpello,
the larger question that I started the chapter with, & Bergmann, 1999; Kim & Leung, 2007;
namely why justice may be important to individ- Shapiro & Brett, 1993). For example, proce-
uals. Classic research by Mel Lerner (1971, 1975, dural justice has strong links to both instrumen-
2003) showed that people have intrinsic justice tal control and noninstrumental belonging
motives when confronted with serious violation motives (e.g., Barry & Shapiro, 2000; Shapiro
of justice, which leads to strong emotional reac- & Brett, 1993). As a consequence, the debate
tions when people are perceived to be suffering. has therefore shifted to the question of the rela-
In such high stake situations, emotional reactions tive ordering of these needs (e.g., Colquitt et al.,
such as anger, shame, guilt, disgust, or contempt 2005; Cropanzano et al., 2001; Gillespie &
compel individuals to take actions (Lerner, 2003). Greenberg, 2005). There is some emerging con-
Most contexts studied by psychologists today are sensus that there are a number of basic needs or
less dramatic and allow individuals to choose goals underlying justice concerns which are
between different alternative courses of action then translated into more specific needs or goals
(or evaluation). A number of possible motives during particular interactions with decision-
underlying justice effects have been debated in makers. Gillespie and Greenberg (2005) listed
the literature (e.g., Colquitt, Greenberg, & Scott, belonging as the most important motive,
2005; Cropanzano et al., 2001; Folger, 1998; whereas Colquitt et al. (2005) added security
Gillespie & Greenberg, 2005; Greenberg, 2001; (comprising both trust and uncertainty) as a sec-
Lind & Tyler, 1988; Thibaut & Walker, 1975). ond basic motive. Assuming that these two
The three most popular explanations have been goals are the most basic goals, they may then be
the instrumental approach (emphasizing a human expressed in terms of control, esteem, or moral-
concern with control over outcomes, e.g., Folger, ity concerns within more specific justice-related
1977); the relational or group-value approach events and encounters. The examination of justice
25 Justice and Culture 463

motives shows much promise for understanding erated versus people trying to strive for certainty
variability in justice perceptions and justice and structure in their lives. This dimension is
effects across cultural contexts (see Fischer, called uncertainty avoidance (Hofstede, 1980). A
2013a). Next, I briefly examine psychological final dimension, that will be relevant for the dis-
approaches to culture. cussion in this chapter, is the extent to which
individuals and groups emphasize competition
and success versus harmonious relations.
25.2 Culture in Psychological Hofstede (1980) called this dimension
Research Masculinity–Femininity (Hofstede also included
gender relations and gender-definitions of occu-
Culture is incredibly difficult to define, with pations in his original definition), but I prefer the
many divergent and contradictory definitions label Mastery versus Harmony (used by Schwartz,
being used in the social sciences (Faulkner, 1994). Hofstede (1980) developed the first widely
Baldwin, Lindsley, & Hecht, 2006). In cross- used set of dimensions. Other dimensional sys-
cultural psychology research, which is what this tems do exist (notably House, Hanges, Javidan,
chapter draws upon, culture is typically defined Dorfman, & Gupta, 2004; Schwartz, 1994; see
as a shared meaning-system within a population reviews in Smith et al., 2013) and they typically
which is passed on through generations (Fischer, converge with Hofstede’s dimensions. I used the
2012a). The assumption is that values, beliefs, terms for cultural dimensions in previous
norms, and attitudes are shared among individu- research. There has been some debate about
als in the same culture (see Fischer & Schwartz, whether the value dimensions that individuals
2011 for a critical examination of this assump- hold and the value dimensions of cultures as sys-
tion). Following Hofstede’s (1980) seminal study, tems are similar or different (Hofstede, 1980;
cross-cultural researchers have focused primarily Schwartz, 1994). If the value systems of individ-
on values as central elements of culture to help us uals and cultures are different, we cannot draw
to understand how cultures differ (Smith, Fischer, any parallels between individual and culture-
Vignoles, & Bond, 2013). Values are defined as level processes and processes at one level cannot
motivational goals that function as guides in life be extended to the other level. Fortunately, more
to select courses of action and to evaluate people recent examinations of this issue suggests that
and events (Fischer, 2013b). individuals and cultures actually share similar
A number of major dimensions have been dimensions of values, making it possible to dis-
described over the years. The most fundamental cuss individual and culture-level processes
and central dimension of culture is the extent to together (Fischer, 2012b; Fischer, Vauclair,
which individuals see themselves as independent Fontaine, & Schwartz, 2010; Fischer & Poortinga,
and autonomous or as part of a larger group. This 2012; see the review in Fischer, 2013b).
dimension is most commonly called individual- In addition to these psychological dimensions
ism–collectivism (Hofstede, 1980). A second of culture, economic differences need to be con-
dimension concerns the distribution of power sidered. Justice in most social settings is about
within social groups. Individuals may be seen as distributing limited resources. The economic
moral equals and little hierarchical differentia- conditions of the system within which the
tion exists between individuals within groups or exchange is taking place is likely to impact how
there may be marked status hierarchies that sepa- decisions are made and how individuals will react
rate individuals within the same group. This to these decisions. At the most fundamental level,
dimension is often called power distance market integration or the extent to which indi-
(Hofstede, 1980) or Hierarchy (Schwartz, 1994). viduals are integrated into a money economy that
A third dimension, that will be relevant for the structures social relations in terms of economic
discussion in this chapter, concerns the extent to value is likely to shape decisions. There is some
which uncertainties in life are acceptable and tol- evidence that this is a fundamental dimension
464 R. Fischer

that differentiates traditional hunter-gatherer and justice (distributive, procedural, informational,


foraging cultures from cultural groups living in and interpersonal justice). These justice percep-
modern nation states (Henrich et al., 2010). tions of both events and entities may or may not
Among market economies, the extent to which be translated into actions, depending on the situ-
wealth is distributed equally or whether there are ational constraints and the choice of the per-
large income inequalities is also likely to play a ceiver. See Fig. 25.1 for a visual depiction of
significant role. If individuals are accustomed to these links, which provides a general framework
large wealth inequalities, they may judge unequal for examining the various points where culture
distributions differently to individuals who live becomes important for understanding justice pro-
and work in egalitarian settings. In addition to cesses. The figure serves two purposes in the cur-
these wealth inequalities, the overall wealth in a rent chapter. First, it gives an overview of the
society is also likely to shape justice decisions justice areas and processes covered in this chap-
and perceptions. If the average level of income is ter. Second, it provides a general framework that
sufficient to meet basic needs, justice processes integrates various models of justice perceptions
may operate differently compared to contexts and reactions in the social, organizational, and
where the average level of income is so low that cross-cultural justice literature. The major prem-
basic needs are difficult to be met. These eco- ises are as follows. The larger country-level envi-
nomic variables are closely interrelated with cul- ronment influences the institutional context and
tural value dimensions at the nation level, with the decision-makers within it as well as the
higher average income typically being associated salient needs that employees feel. Decision-
with more autonomous, individualistic, egalitar- makers in an organizational context will apply
ian, and more uncertainty tolerant values at the some rules and criteria that need to be put into
nation level. Income inequality is typically asso- practice in the specific context. These actions
ciated with power distance and hierarchy values create events that are noticed by employees and
as well as more conservative and collectivistic are subsequently evaluated and cognitively inte-
values (see Smith et al., 2013 for a general review grated into entity perceptions about the organiza-
of the literature). tion and decision-maker that will lead to some
reactions, if there is perceived injustice. These
evaluations, perceptions, and their cognitive inte-
25.3 A Cultural Framework grations are again shaped by the values held by
of Justice the employees. I will discuss these various ele-
ments and their flow in the following sections of
As discussed above, justice can be examined in this chapter. This general framework therefore
terms of questions of what, when, how, and why. helps to understand where and how culture may
These questions can be related back to each other. play a role in the justice processes.
Decision-makers have options for resolving orga- In the final part, I will briefly summarize some
nizational and social dilemmas. The selection of of the key studies that have examined cultural
criteria and practices are at the discretion of the questions in justice judgments. I separate the dis-
decision-maker, but are also shaped by the social cussion by the dimensions of justice and level of
and cultural context. These decisions are evalu- abstraction. I finish by discussing justice effects.
ated by individuals affected by those decisions.
Over time, individual evaluations are integrated
into entity perspectives about the overall organi- 25.4 Distributive Justice
zation. People are concerned about justice for at
least two major reasons (belonging or security 25.4.1 Distributive Justice Rules
concerns) which shape what justice elements in
an interaction are being paid more attention to. Equity theory (Adams, 1965) remains the domi-
Furthermore, the emerging perceptions can be nant theoretical approach to distributive justice
differentiated in terms of the four dimensions of (see Jasso, Törnblom, & Sabbagh, 2016,
25 Justice and Culture 465

Fig. 25.1 Frame of justice


and culture Country-Level Environment
(ecological, economic, legal, historic, social, cultural variables)

Institutional context/
Decision-makers

Organizational
context

Rules

Criteria

Practice Salient Needs

Event

Integration into
Entity Perceptions VALUES

Rections to
Injustice

Chap. 11 of this handbook). Following a long universally preferred in business settings (see
line of previous work by philosophers and social also Deutsch, 1975). However, a more system-
scientists, Adams postulated that individuals atic review and meta-analysis of 25 experimental
compare their ratio of inputs and outcomes in studies by Fischer and Smith (2003) challenged
social interactions with those of others. Applied this earlier conclusion. The meta-analysis dem-
to organizational settings, the most likely and onstrated consistent and significant cross-cul-
relevant situation is where employees evaluate tural differences in equity over equality
the outcomes that they receive based on manage- (measured as the relative allocations of grades,
ment decisions. In other social interactions, part- points, or money in laboratory settings). These
ners may evaluate how much they have differences systematically varied with levels of
contributed to their relationship and whether inequality across societies. Equity was more
they receive sufficient returns for their invest- often used in samples coming from nations in
ment. Later work by Deutsch (1975) introduced which income was distributed unequally and in
other rules, including equality (all individuals which power was distributed unequally.
receive the same amount, independent of any Extending this work to organizations using survey
other distinguishing features) and need (alloca- methods, Fischer et al. (2007) measured percep-
tion to the most needy, independent of work per- tions of organizational allocations in samples
formance). Other rules such as seniority have from the United Kingdom, the United States, East
also been studied in cross-cultural research (see and West Germany, New Zealand, and Brazil.
Fischer, 2008 for a review). They found that higher Mastery values (values
Leung (1997) reviewed the available litera- emphasizing achievement and demonstrating
ture and came to the conclusion that equity is success; Schwartz, 1994) at the country level
466 R. Fischer

were associated with greater use of equity. Both as a mechanism underlying cultural differences
dimensions emphasize a differentiation of indi- in equality between hunter and gatherers and
viduals based on their status and abilities. These individuals making a living by working for
studies have all used an event focus. In a differ- money. We know relatively little about variation
ent meta-analysis of survey studies capturing an among individuals from cultures living in mod-
entity perspective, Fischer and Maplesden ern nation-states who earn a living by going to
(2006) aggregated survey-based measures of work. Given the importance that rhetoric of
distributive justice (commonly conceptualized equality has in many philosophical and religious
as tapping equity, with work effort as relevant teachings, it is surprising how little work has
input) among employees (thus, excluding exper- been done on equality as a decision rule. More
imental studies and student samples). Examining work is needed to examine how equality is used
levels of reported distributive justice across in both organizational and social contexts.
30,528 employees from 29 nations, levels of per- In contrast, need has been examined in a num-
ceived distributive justice covaried with indica- ber of cross-national research. Both laboratory
tors of collectivism and power distance. studies with students (e.g., Berman & Murphy-
Therefore, the findings across these various stud- Berman, 1996; Berman, Murphy-Berman, &
ies are quite consistent, independent of whether Singh, 1985; Chen, 1995; Giacobbe-Miller,
the focus is on events or entity perceptions. Miller, & Victorov, 1998; Murphy-Berman,
Equity becomes more prevalent in contexts Berman, Singh, Pacharui, & Kumar, 1984) and
where hierarchy, dominating others and fitting surveys of business employees (Fischer, 2004;
into conservative and close-knit groups are cul- Fischer et al., 2007) suggest quite substantive dif-
turally emphasized. ferences across cultures. Some of these differ-
Equality has been studied less frequently. One ences may be related to economic variables,
of the few studies that asked employees to state specifically unemployment rates (Fischer et al.,
whether equality had been used as a decision- 2007). A clearer understanding of the economic
criterion in organizational contexts (Fischer context on decision-making is needed. In the cur-
et al., 2007) reported no cross-cultural differ- rent context of economic scarcity, this should be a
ences in perceived equality-based allocation major priority because decisions focusing on need
across six nations. Equality could also be inferred affect the most vulnerable members of society.
from decisions in economic game studies. One
common economic game involves participants
dividing a sum of money between themselves 25.4.2 Distributive Justice Criteria
and another person. These so-called dictator
games show significant variation in equality One of the obvious gaps in cross-cultural research
across populations that vary in the level of inte- has been the lack of attention to distributive jus-
gration into a market system (Henrich et al., tice criteria that can be used for implementing
2010). Individuals from groups that use hunting rather abstract justice rules. Most importantly,
and gathering as main form of subsistence (com- the equity rule is open to various interpretations
pared to working for a wage) are more likely to and can be implemented differently across situa-
keep larger amounts of money for themselves. tions and individuals. Adams ( 1965) was
The lowest levels were observed among the explicit in its broad format, discussing vari-
nomadically foraging Hadza from Tanzania and ous potential inputs (e.g., effort, education,
the Tsimane from Bolivia, individuals gave just experience, age, attractiveness) and both posi-
over 25 % to their partner. Individuals from tively (e.g., pay, various benefits, rewards intrin-
wage-earning groups share about 45 % of the sic to the job) and negatively valenced outcomes
money, which approximates an egalitarian divi- (e.g., poor working conditions, monotony,
sion. Studies like the one by Henrich et al. (2010) fatigue, uncertainty, insults, rudeness). Being a
demonstrate the importance of market integration perceptual ratio in people’s minds as well as a
25 Justice and Culture 467

form of a social contract, individuals may cogni- Wakabayashi, & Kakeuchi, 2004). Fischer (2008)
tively shift their ratios by altering inputs or out- found no significant relations between power dis-
comes or they could use these ratios as a base for tance and the frequency of seniority-based allo-
negotiating the relevance of these various inputs cation across studied businesses in the United
and outcomes for any given exchange. This flex- States, United Kingdom, New Zealand, and
ibility of the original equity formulation allows Germany. Nevertheless, Fischer reported a link
for significant variation in the form of ratios with uncertainty avoidance: greater uncertainty
across cultures. The existing literature has avoidance was associated with greater reported
focused quite narrowly on work-related effort as use of seniority. As mentioned above, uncertainty
input and material benefits such as pay or promo- avoidance is the cultural tendency to avoid ambi-
tions as outcomes. guities and uncertainties in everyday life and to
Various different rules such as seniority (age) rely on the tried and tested (Hofstede, 1980).
or need and even equality can be reintegrated Rewarding seniority is one way to increase the
with equity. I discuss some of the previous cross- familiarity of organizational members and to
cultural work first before outlining how these reduce uncertainty by relying on those who know
studies may fit a broader equity rule. the system well.
Focusing on age or seniority first, what makes Turning to need, one of the important ques-
seniority interesting is that it is both an egalitar- tions that has not been well addressed is how we
ian as well as a differential allocation principle should define need and what is legitimately con-
(Martin & Harder, 1994). Seniority in organiza- sidered needy in various cultural contexts.
tional contexts implies equality because all Experimental studies have manipulated need
employees are treated equally and it is up to the quite differently, including descriptions of poor
individual to decide to stay in the company and financial situation and family illness (e.g.,
gain the benefits of seniority in the long run. At Murphy-Berman et al., 1984), being either sin-
the same time, it is also a differential rule because gle, married with one child and two incomes or
of emphasizing exactly these individual differ- married with two dependents and one income
ences. Rusbult, Insko, and Lin (1995) argued that (Giacobbe-Miller et al., 1998) or in terms of age
seniority might be “a temporarily extended ver- or in terms of justified or unjustified debt
sion of the equality rule (i.e., a rather long-term (Kashima, Siegal, Tanaka, & Isaka, 1988). This
version of turn-taking), if a member remains in last example highlights that some principles may
the group long enough, he or she eventually will be overlapping, because age has been considered
reap the benefits accruing to senior members” part of the seniority principle as discussed previ-
(p. 26). Fischer (2009) in a study with German, ously, but it could also be conceptualized as a
US, British, and New Zealand employees demon- form of need in some cultures.
strated that allocation based on seniority was These ambiguities in past research raise the
more often found in organizations that were rated legitimate question of (a) whether justice rules
as more egalitarian, supporting Rusbult’s and the associated criteria are empirically inde-
extended equality argument at the organization pendent of one another and (b) the extent to
level. In contrast, across cultures Mendonca and which they are all extensions of a general equity
Kanungo (1994) suggested that status and posi- principle, assuming different inputs are relevant
tion as reward criteria will be more acceptable in in different cultural contexts. Even equality can
higher power distance nations. A number of stud- be conceptualized as a special form of equity,
ies with students reported greater use of seniority with equity being the equality of outcome per
in Asian samples compared to US samples (Chen, unit input (Rutte & Messick, 1995). Equality
1995; Hundley & Kim, 1997; Rusbult et al., can only be judged in relation to some standards
1995). Other studies with actual employees sug- (some relevant inputs or outcomes). Leung
gested that traditional preferences for seniority (1997) originally argued that collectivists are
may be decreasing in Chinese samples (Chen, more egalitarian with their in-group members
468 R. Fischer

who have an equal status, whereas they use gated, we do not know how individuals perceive
more differential norms with outsiders. these criteria and this provides a major avenue for
Examining this argument from an equity per- further research. Coming back to my previous
spective, group membership can be seen as the argument, the implementation of justice rules and
relevant input in an exchange situation, meaning criteria could be examined from an equity per-
that all members of an in-group receive the same spective in which case context-specific practices
reward. need to be negotiated between parties in a social
I argue that different justice criteria in previ- exchange.
ous cross-cultural research can be effectively
subsumed under one general rule of justice. It is
more parsimonious and practically relevant to 25.5 Procedural Justice
use one single rule and examine how it is imple-
mented differently across cultures (e.g., what Much of the research on procedural justice across
inputs are considered relevant to an exchange cultures has been studied as part of conflict and
relationship). From a practical perspective such a negotiation research (see Leung & Stephan,
reorientation provides a more useful frame for 2001), an area that has attracted a significant
decision-makers in social contexts (e.g., manag- amount of research and has addressed a large
ers, administrators). It allows people with deci- number of additional questions. Here I will pri-
sion power to ground any discussions around a marily focus on justice issues arising in organiza-
common theme that is communicated to all and tional settings as part of organizational
use the same underlying principle (equity). The decision-making.
important task then is to negotiate culturally rel-
evant input and outcome criteria with affected
individuals (e.g., staff, beneficiaries). Such a 25.5.1 Procedural Justice Rules
reorientation and reinterpretation allows for an
effective strategy for appreciating and dealing Leventhal (1980) discussed a number of proce-
with cultural differences. If there is an underlying dural rules, including impartiality, consistency,
principle that all individuals can relate to, this acting on accurate information and allowing
could be emphasized to highlight the overall sim- opportunities for correcting decisions. Thibaut
ilarity and create a common shared identity. and Walker (1975, 1978) suggested the additional
Negotiating what is considered relevant in a procedural control rules of decision control (the
given situation at work or other social settings is extent to which any of the involved parties can
more easily achieved compared with a situation unilaterally determine the outcome of the deci-
where decision-makers are confronted with sion) and process control (the amount of control
seemingly exclusive and nonoverlapping justice over the process, e.g., the development and selec-
rules or criteria that show no immediate room for tion of information that serves as a basis for the
agreement. This idea obviously needs further dis- final decision). Folger (1977) relabeled this latter
cussion, but could open the avenue for more process as “voice.”
effective management of culturally diverse There is some evidence of cultural differ-
groups and for an integration for currently diverse ences in relation to voice or process control. The
streams of research. classic study by Thibaut and Walker (1975) that
introduced the concept of procedural justice to
the literature was based on differences in judicial
25.4.3 Distributive Justice Practices systems in the United States, France, and West
Germany. Thibaut and Walker (1975) had
Research on cultural differences in practices is hypothesized that procedural justice preferences
largely missing from the literature. Distributive are culture bound and shaped by the legal system of
practices have not been systematically investi- the country in which individuals were residing.
25 Justice and Culture 469

However, they found strong preferences for high value distinctions, appears important. In univer-
process control irrespective of where individuals salistic settings (for example, Germany is often
were living. Similarly, when asking individuals cited as a universalistic country) rules are applied
about justice preferences, Cohn, White, and consistently and no variations due to situational
Sanders (2000) found relatively few cross- demands can be justified. In contrast, in particu-
cultural differences in a study of nationally rep- laristic settings (such as Brazil) rules in specific
resentative samples in Bulgaria, Hungary, situations might be more liberally interpreted.
Poland, Russia, France, Spain, and the United The Brazilian concept of jeitinho is an interest-
States. The one cultural difference found was ing, yet controversial example. In Brazilian soci-
that in Eastern and Central European nations, ety, rules and regulations are easily broken if the
being consistent and following labor regulations interaction partners are willing to do so. This
had a stronger effect on justice perceptions than form of behavior might be construed as corrupt
in Western European nations and the United from a Western perspective, but in a highly
States. One plausible explanation is that leaders bureaucratic and centralized setting it may be the
following formal rules in Eastern European con- best strategy to get things done effectively and
texts that are characterized by nepotism and cor- efficiently, at least in the short term. What is
ruption (Pearce, Bigley, & Branyiczki, 1998) are important to note here is that these practices may
seen as more positive. Similarly, in a study with be temporally effective, but they may not be
students in the United States, Mexico, The seen as fair. Research by Ferreira, Fischer, Porto,
Netherlands, and the United Kingdom, Price Pilati, and Milfont (2012) suggests that
et al. (2001) reported no differences in voice Brazilians are engaging in these behaviors fre-
effects. Therefore, these recent studies suggest a quently, but do not like to admit doing so and
strong support for the importance of voice as a clearly attach some negative stigma to these
central element of procedural justice. behaviors. The culture-specific implementation
of abstract rules and criteria is a rich area for fur-
ther research.
25.5.2 Procedural Justice Criteria

As discussed above, procedural rules can be pre- 25.6 Interpersonal Justice


ferred universally but actual criteria for imple-
menting such abstract rules such as voice or lack Interpersonal justice as discussed above can be
of bias might be quite different. The negotiation differentiated into an interpersonal behavior com-
and conflict resolution literature is more advanced ponent (enactment of procedures and interactions
in this area than the procedural justice literature with decision-makers) and an information com-
(Leung & Stephan, 2001). ponent. Although it may be seen as a universal
philosophical rule to treat individuals with
respect and dignity, Fischer and Maplesden
25.5.3 Procedural Justice Practices (2006) in their meta-analysis found that across
67,060 participants from 23 countries, greater
Similar to distributive justice research, there is power distance (Hofstede, 1980) was associated
hardly any research on the procedural justice with lower levels of interpersonal justice.
practices (implementations of procedural crite- Individuals in hierarchical societies did not report
ria) across cultural contexts. I propose some feeling as fairly treated by their supervisors as
potential cultural processes and dimensions that individuals in more egalitarian settings. From
may be important. For example, the cultural this study it is unclear how these interpersonal
dimension of universalism versus particularism justice rules were implemented and there may be
(Trompenaars, 1993), which forms part of a larger considerable differences across cultural contexts.
complex of individualistic versus collectivistic In Pacific Asia, the concept of face is very impor-
470 R. Fischer

tant and may strongly determine how respect is challenges in various social situations. For exam-
shown to other people. These behaviors may be ple, leaders in multicultural work teams have to
highly contextual, depending on the status of the manage expectations and perceptions of a diverse
interaction partner and whether the situation is work group. Leaders in society need to engage
public or private (for a review see Smith et al., with different communities that will evaluate
2013). A seminal study by Smith, Peterson, their actions differently depending on their cul-
Misumi, and Tayeb (1989) investigated whether a tural value orientations. Couples may start a con-
supervisor discussing a worker’s problems with flict because one partner’s actions are interpreted
co-workers behind the person’s back was consid- differently due to slightly different value priori-
ered acceptable or not in various contexts. ties of the other partner.
Showing the cultural dependency of implementa-
tion of abstract rules in specific situations, such
behavior was seen as acceptable in Japan and 25.8 Reactions to Perceived
Hong Kong, but not in the United States and the Injustice
United Kingdom. Similar to the other justice
dimensions, to date we know very little about the Having discussed the decision-making processes
culturally appropriate implementations of inter- and the evaluation of events in terms of justice, I
personal justice practices. The culturally appro- am now turning to the effects of justice on work
priate application of rules and criteria in specific behavior and motivation, an area that has gener-
situations is a fertile ground for future research. ated significant interest within Western nations
(Cohen-Charash & Spector, 2001; Colquitt,
Conlon, Wesson, Porter, & Ng, 2001, 2013). At
25.7 Justice Perceptions the same time, this wealth of research generated
in studies conducted in samples from the United
In the sections above, I examined the use of jus- States and Western Europe may not be generaliz-
tice rules and their implementation through crite- able to other contexts. An increasing number of
ria and the behavior of decision-makers. The studies has demonstrated that employees in sam-
experience and perception of these events by ples from Taiwan (Farh, Earley, & Lin, 1997),
employees is the crucial issue. Much of the Hong Kong (Lam, Schaubroeck, & Aryee, 2002),
research was based on evaluations. These evalua- China (Begley, Lee, Fang, & Li, 2002; Brockner
tions in turn may lead to behavioral and attitudi- et al., 2001; Tyler, Lind, & Huo, 2000), UK
nal reactions. Yet, how individuals perceive (Fischer & Smith, 2006), former East Germany
events is relatively understudied. For example, (Fischer & Smith, 2006), Turkey (Erdogan &
Fischer and Smith (2004) in a study with UK and Liden, 2006) and the United States (Tyler et al.,
German employees found that similar decisions 2000) are influenced differently by justice per-
can be perceived quite differently depending on ceptions, depending on their value orientation.
the value orientation of individuals. Individuals However, the nature, direction, and explanation
who endorsed self-enhancement values (empha- of such effects are debated (Fischer, 2008). In the
sizing power and achievement values; Schwartz, following sections, I will outline some of these
1992) perceived allocations using equity as fairer contradictory findings.
than those who endorsed self-transcendence At the individual level, most of the research
(emphasizing social care of both close and dis- has focused on power distance (e.g., Begley
tant others). Seniority was also seen as fairer by et al., 2002; Brockner et al., 2001; Lam et al.,
those with self-enhancement values compared 2002). Moderation effects with both increasing
with those emphasizing self-transcendence. This and decreasing justice correlations at higher lev-
demonstrates that events may be perceived quite els of power distance have been reported.
differently by individuals and that these percep- Brockner et al. (2001) argued that in high power
tions are partly shaped by personal and cultural distance contexts, justice does not matter as much
value orientations. This can create significant as people do not expect justice (a normative
25 Justice and Culture 471

explanation). However, the same pattern could be tions of various justice dimensions. This argu-
explained from an uncertainty perspective (e.g., ment draws upon previous work examining
Lind, 2001) in that procedural justice in high attitude–behavior relations (e.g., Boer &
power distant cultures does not provide informa- Fischer, 2013) that demonstrated that attitude
tive value about inclusion and respect in groups accessibility strengthens the attitude–behavior
as people are firmly integrated in hierarchies link. In summary, Fischer (2013a) argued that
already. An opposing relationship based on con- the salience of justice-related needs and motives
trol motivations was proposed by Lam et al. within a cultural context strengthens the link
(2002): individuals endorsing power distance between justice perceptions and work outcomes.
values should react more strongly to procedural If individuals are working within a cultural
justice as they need to monitor potential exploita- environment in which certain motives such as
tion by distant supervisors. belonging are central in people’s life, then the
Some other research (e.g., Brockner, De link between justice and work outcomes should
Cremer, van den Bos, & Chen, 2005; Farh et al., be strengthened, if a particular justice dimen-
1997; Fischer & Smith, 2006) has also examined sion is related to a need for affiliation or
individualism–collectivism, independent–inter- belonging.
dependent self-construals, and other related value These arguments were broadly supported in a
dimensions at the individual level (openness to 3-level meta-analysis with 54,100 participants
change, traditionality) that differentiate the indi- from 36 countries. Justice correlations varied
vidual from the group. Similar to power distance, substantively across cultural contexts, but macro-
findings have been found in both directions, with economic income inequality and country-level
some people finding that collectivist values values were systematically related to this vari-
strengthen procedural justice effects as experi- ability. Assessing the pattern of associations with
enced justice affirms basic moral values held by contextual variables provides useful insights into
collectivists (Brockner et al., 2005), whereas oth- the motives and concerns underlying justice
ers reporting that more modern (individualistic) effects in a global context.
values strengthen justice effects (Farh et al., One of the key findings was that people care
1997). Hence, previous research has primarily about justice because it addresses their affiliation
focused on power distance and collectivism, but or belonging needs (see the discussion above
patterns have been relatively inconclusive (see about the importance of affiliation or belonging
Fischer, 2008 for a more detailed review). needs). Both procedural and distributive justice
Integrating work on justice motives with correlations with OCB, satisfaction and with-
these differences in justice reactions, Fischer drawal as well as interpersonal justice correla-
(2013a) tried to bring some clarity to this tions with satisfaction were strengthened in
research. The key theoretical contribution was contexts where collectivism was high. These find-
to link cross-cultural differences to justice con- ings suggest that all three justice dimensions com-
cerns of belonging and control that I outlined municate symbolic values of belonging and
above. The central premise is that if justice con- inclusion to employees. This is a major insight
cerns are related to human needs, then these into the motives underlying justice effects, espe-
effects can be expected to be stronger or weaker cially because distributive justice effects are often
depending on the context, because different discussed as mainly driven by instrumental and
contexts will make different needs salient control motives. People do care about the fairness
(Kenrick, Griskevicius, Neuberg, & Schaller, of distributions for noninstrumental and relation-
2010). Linking this thinking to cultural and eco- ship reasons, even if the justice dimension has
nomic differences, individuals in different cul- clear economic implications. Material outcomes
tural and economic contexts may exhibit communicate important messages about one’s
different justice–work attitude relations as their status and level of inclusion in a group.
needs are assumed to differ and they should Fischer (2013a) also found strong support for
consequently pay differential attention to viola- control motives. A relatively consistent and stable
472 R. Fischer

effect of income inequality for procedural and how abstract principles are implemented in the
interpersonal justice correlations with work out- form of culturally relevant justice criteria and
comes was found. In contrast, income inequality practices. To date, we have only anecdotal evi-
did not moderate correlations of distributive justice dence of how justice rules are implemented. I
with work variables. Fair procedures ensure fair also put forward some ideas of how distributive
outcomes in the long run, so employees can expect justice research could be integrated by reexamin-
that fair procedures will increase positive work ing equity theory.
outcomes such as satisfaction and trust (explaining I also reviewed a number of studies that have
the absence of distributive justice effects). demonstrated how the larger socioeconomic and
Similarly, interpersonal justice increased commit- macroeconomic context influences justice pro-
ment and satisfaction and decreased withdrawal cesses. I am convinced that greater attention to
intentions in countries where income is unequally these contextual factors can provide useful
distributed. Complementing the findings that dis- insights into basic justice processes. Given the
tributive decisions about money, salary, and the nature of justice, I think it is particularly inter-
like can have symbolic value about one’s social esting to focus on the economic context, espe-
belonging to a group, both procedural and interac- cially in relation to organizational justice
tional justice also have important instrumental con- research. Organizational decisions are not made
cerns (e.g., Shapiro & Brett, 1993). within an experimental vacuum, an insight that
These findings help bringing together a is often missing from much contemporary jus-
diverse set of findings and demonstrate that meta- tice research. Given the emerging research on
analyses can generate new findings by pointing to the effects of justice on other nonmaterial vari-
important moderator variables that went unno- ables such as health and well-being, it would
ticed in previous research. The overall pattern also be interesting to examine these relation-
found in the study shows that material concerns ships from a cultural (or broad contextual) per-
become important for employees if they are spective. In short, we have gained tremendous
located in a context in which relative income insights over the last few decades, but our quest
inequalities are salient. Future research should for understanding (and applying) justice theory
pay more attention to these instrumental and continues.
materialistic concerns in addition to relational
and belonging concerns, especially in the current
economic conditions and in light of the strong References
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Between Relative Deprivation
and Entitlement: An Historical 26
Analysis of the Battle for Same-Sex
Marriage in the United States

Ella Ben Hagai and Faye J. Crosby

To ask whether a society is just is to ask how it the dramatic process in which same-sex marriage
distributes the things we prize—income and
wealth, duties and rights, powers and opportuni- became legal in the United States.
ties, offices and honors. A just society distributes Our analysis suggests that gains by social
these goods in the right way; it gives each person movements, such as the civil rights and feminist
his or her due. The hard question begins when movements, increased a sense of relative depriva-
people ask what people are due, and why.(Sandel,
2009, p. 19) tion among gay and lesbian people. This sense of
deprivation led to the emergence of an “out and
Discussions of justice are difficult, as Sandel proud” gay and lesbian liberation movement.
(2009) points out. Perhaps even more difficult are This movement focused on changing notions of
discussions of justice in close relationships like entitlement among gay people and lesbians them-
families. Any discussion of justice and the family selves, and resulted in gains in terms of individ-
poses fundamental questions to the scholar who ual rights. On the other hand, the AIDS crisis and
must ask not only “What is justice?” but also: the Lesbian Baby Boom of the 1980s created a
“What is a family?” sense of relative deprivation less in terms of indi-
The roles of people within the family structure vidual rights, and more in relation to gay and les-
have changed dramatically in the last century. bian family rights. This sense of deprivation led
Shifting understandings of age, race, gender, and to a new social movement that focused on chang-
sexuality have changed the expectations for ing notions of entitlement of gay and lesbian
which unions should be considered a family. In families among members of society at large.
this chapter we contextualize the discussion of Ultimately, the acceptance of a gay and lesbian
justice and family in historical processes. We right to marry was based on both procedural jus-
take key analytical concepts from the paradigm tice and restorative justice claims. Members of
of justice research, including entitlement, scope the public, as well as Supreme Court judges with
of justice, relative deprivation, and procedural libertarian values, accepted same-sex marriage
and restorative justice, and use them to analyze based on a procedural justice orientation, while
members of the public and Supreme Court judges
with liberal values accepted same-sex marriage
based on a restorative justice orientation.
E. Ben Hagai (*) • F.J. Crosby Our chapter offers no comprehensive review of
University of California Santa Cruz, studies on same-sex families, nor does it document
Santa Cruz, CA, USA how different people assess the fairness of how
e-mail: ebenhaga@ucsc.edu; fjcrosby@ucsc.edu

© Springer Science+Business Media New York 2016 477


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0_26
478 E. Ben Hagai and F.J. Crosby

societies treat different types of families. The the same norms of justice are not ascribed to
points on which we focus are not intended to com- them (Opotow, Gerson, & Woodside, 2005).
prise an exhaustive list of relevant ideas, but rather
are meant to illustrate how analytic concepts cen- Allocation principles. Different notions of enti-
tral to justice research can increase our understand- tlement and deservedness associate with differ-
ing of one of the more dramatic social changes ent rules for the allocation of resources. As
towards increasing social inclusion of our time. Deutsch (1975) famously pointed out, the three
most common rules of distributive or allocative
justice—equality, equity, and need—tend to be
26.1 Conceptual Groundwork invoked in different circumstances. Equity (by
which outcomes and inputs are to be propor-
As Skitka and Crosby (2003) note, contemporary tional) tends to occur in arm’s-length or busi-
social scientific studies of justice tend to fall into ness relationships while equality is the principle
three types: studies of distributive justice, studies most often used among friends. Need is the
of procedural justice, and studies of retributive or principle of allocation (give the most to those
restorative justice. Of course, any one issue can with the greatest need) most often used in inti-
be analyzed in terms of distributions or proce- mate relations where there are unequal depen-
dures. Any discussion of distributions and proce- dencies, as for example, when children are
dures can assume that the social actors start with dependent on their parents. Some empirical
a clean slate and no grudges or “scores to settle”; work has verified Deutsch’s contention that the
or it can assume that the social actors are in the circumstances tend to dictate the rules (Prentice
midst of an ongoing struggle as to the proper dis- & Crosby, 1987).
tribution of resources in society.
Relative Deprivation. Judgment of the fairness
Entitlementand deservedness. The distribution of and justness of different allocation procedures is
resources, and the judgment of the justness of often subjective. The concept of relative depriva-
this distribution, depends on notions of entitle- tion has been used to describe situations in which
ment and deservedness. According to O’Brien actors feel they are deprived because they com-
and Major (2009) “entitlement and deservingness pared themselves with better rewarded groups or
are affectively laden cognitive judgments that individuals (Crosby, Pufall, Snyder, O’Connell,
someone, or some category of people, should & Whalen, 1989). Tyler and Smith (1995) pointed
receive a particular set of outcomes by virtue of out that in a time of relative increase in economic
who they are (entitlement) or what they have and social well-being, political movements for
done (deserving)” (p. 428). Notions of entitle- minority rights are more likely to gain momen-
ment are associated with whom the actor is, and tum because members of these groups compare
notions of deservedness are associated with what themselves to other thriving groups. Traditionally,
the actor should receive. Changing social catego- the social psychology of social justice has
ries such as that of woman and man, or gay and approached each problem as if the parties
straight, changed the entitlement of differently involved had no prior history of injustice. Yet, in
gendered actors. The analytical tools of entitle- actual life, people remember old wounds and old
ment and deservedness are associated with con- blessings too.
cept of moral communities and the scope of Despite the very great advances made in the
justice. According to Opotow (2006), not all social science of social justice, many questions
beings are considered to be within the scope of remain to be investigated. Looking at the process
justice and receive a just treatment. Currently, in which same-sex couples entered the scope of
plants, animals and to some extent children are justice helps us to clarify how justice is expended
not seen as fully within the scope of justice. Thus, to different kinds of families.
26 Between Relative Deprivation and Entitlement: An Historical Analysis… 479

26.2 Justice for families 26.3 The Beginning of Our Story:


within society Extreme Repression

In this section of the chapter we outline in broad To trace the process in which gay and lesbian
terms the history of changing laws and changing families become recognized in the United States,
mores regarding same-sex families in the United we take as our starting point the 1950s. As
States of America. The process that occurred in American men returned from World War II, and
the United States is different than the processes women returned home from factories which had
that legitimized same-sex couples in Latin supported the war effort, the nuclear family
American countries, Europe, and other parts of became the imperative form of the American
the world. For instance, while in Western and family (Pfister & Schnog, 1997). It was only after
Northern European countries, parliament and World War II that people began to equate the
governments legitimized same-sex couple’s family of two heterosexual parents, one to three
rights since 1989. In the United States, like in children, a pet or two all living in one dwelling
other more religious countries, there has been a with “the traditional family” (Crosby, 1991).
dramatic push and pull in the fight for gay and
lesbian rights, especially because the goal of the
movement was not same-sex unions but rather 26.4 Outside the Scope of Justice
marriage equality (Dupuis, 2002).
Also, unique to the United States, is a system During the 1950s and 1960s, same-sex desire
in which states have judicial process separate was understood by the mainstream American
from the federal government. In the United society to be deviant. Same-sex desire, couples or
States (and elsewhere) laws have different and families, existed outside of the scope of justice.
sometimes battling jurisdictions. Sometimes Gay and Lesbian people were considered to be a
jurisdictions correspond to regions: there can be threat to “normal” families and to society at large.
laws and ordinances that cover cities, counties, Both the American Psychiatric Association and
states, or the entire United States. In the United the American Psychological Association (APA)
States, by custom, the 50 separate states have categorized same-sex desire as abnormal or per-
each developed “family law,” and the federal verse. Political persecution was rampant. Senator
government has often explicitly ceded authority McCarthy attacked homosexuals as being a threat
to state law when the issues in question concern to the American way of life, and individuals with
the family. Laws in the United States also have same-sex tendencies were categorized as a secu-
distinct bases for their legitimate authority. For rity threat and were fired from their governmental
both state and federal laws, laws can originate in jobs (because they could be blackmailed to hide
one of three ways: indirectly from the popu- their sexual encounters). Sodomy was illegal in
lace—as voted for by the legislature, or, more 50 states by the end of the 1960s (Johnson, 2009).
recently, as voted for directly through ballot The understanding of same-sex desire as perverse
measures; from the courts; and from the execu- and as a risk to American society, positioned gay
tive branch. Traditionally, the populace has been and lesbians outside of the moral community.
the most conservative; the courts have been the Norms of justice, including freedom and equality
source of some innovation; and executive orders were not extended to involve same-sex romantic
have allowed for the most radical changes relationship and those who were found to engage
(Crosby, 2004). Again the potential for conflict in same-sex intercourse were punished.
arises as laws originating from one authority Sexual orientation was not the only dimension
(e.g., Congress) can be challenged through of repression in the United States following World
another authority (e.g., the courts). War II. Racial oppressions, among others, were
480 E. Ben Hagai and F.J. Crosby

also strong (Tong, 1997). It was not until 1967 pelled a process in which relative deprivation
that miscegenation laws were finally struck down. sparked a social movement towards more equal
In 1958, Mildred Jeter, a black woman, and allocation of resources (rights) for gay and les-
Richard Loving, a white man, got married. Their bian people. Because gay and lesbian, at that
home state of Virginia had miscegenation laws, time, were seen as perverts and as queers, the first
and they were sentenced to a year in jail. Virginia step taken by gay leaders was to change notions
Judge Leon M. Bazile wrote in his ruling: of entitlements and deservedness. Like the Black
“Almighty God created the races white, black, Pride Movement the Gay Pride Movement, aimed
yellow, Malay, and red, and he placed them on to change the manner in which gays and lesbians
separate continents…The fact that he separated were seen by themselves and by society. At this
the races shows that he did not intend for the races points the allocation demands of gay and lesbian
to mix” (Tong, 1997, 117). Jeter and Loving people focused on equality for individuals, later
fought the ruling all the way to the U.S. Supreme they will focus on family rights.
Court. In 1967 in the case of Loving v. Virginia, The Stonewall Riots of 1969 served as a water-
the Court prohibited states from using race as a shed event. The Stonewall Riots galvanized the gay
category for the granting or denying of marriage. liberation front, leading to the formation of gay lib-
Unanimously, the Court forbade the use of race- eration groups throughout the nation. Harvey Milk
based distinctions in matters of marriage. The an important gay leader of that time, called his fol-
Loving v. Virginia case was the result of a shift in lowers to come out, saying: “Every gay person
the United State from understanding race as must come out. As difficult as it is, you must tell
essential to individual’s character and as deter- your immediate family. You must tell your rela-
mining people’s place in society to moving in a tives.… Once they realize that we are indeed their
more “color blind” and a multicultural approach children, that we are indeed everywhere, every
to race. The Court’s decision to legitimize mixed- myth, every lie, every innuendo will be destroyed
race families foreshadowed the legal recognition once and all. And once you do, you will feel so
of same-sex families. The social changes brought much better” (Stewart, 2003 p. 213). In June, 1970,
about by the Civil Rights movement led to a on the anniversary of the Stonewall Riots, the first
change in how African American people were Gay Pride march occurred in Chicago, Illinois
seen, and thus their entitlement and deservedness. (Klarman, 2012). Gay liberation activists, such as
The shift, changed race from being a central cat- Harvey Milk, aimed to liberate gay and lesbian
egory signifying an essential difference, to race as from the sense that same-sex desire was a perver-
a cultural category that should not legitimize sion or a disease. By making their desire public gay
inequality in the eye of the law. and lesbian were to develop a more healthy identity
and feel better about themselves.
Unlike earlier periods, the 1970s marked a
26.5 Coming out after Stonewall: time when people with same-sex desire sought to
Changing How We See change the system rather than to change them-
Ourselves selves to adapt to the system. Legal and political
advocacy organizations were founded to attempt
Our historical analysis of the lesbian and gay to shift how gays and lesbians were treated by the
movement using the lens of justice research, sug- law. During this time, activists emphasized that
gest that the 1950s and 60s reflected a time of homosexuals have the same rights of sexual self-
prosperity in the United States which led many expression as heterosexuals. Same-sex sexual
minority groups to demand equal allocation of activity was no longer classified as sexually devi-
rights. As one group, such as feminists or African ant. In 1973 the American Psychiatric Association
American gained rights, other groups also were changed the mental disorders classification in the
inspired to demand their own rights. The increase Diagnostic and Statistical Manual, and 2 years
in prosperity and egalitarian social change pro- later the others followed suit.
Table 26.1 Key events on the road to same-sex marriage
26

Pro-gay events Antigay events


1950s 1950—Mattachine Fraternity gay men secret society is founded 1950—Lavender scare: 190 Individuals are dismissed from
their government jobs on account of having same-sex
attraction
1954—The Daughters of Billitis, a lesbian rights’ group, is founded 1953—President Dwight Eisenhower signs Executive Order
1958—The first pro-gay US Supreme court ruling in the case One, Inc. v. Olesen. “One: The 10450, banning homosexuals from working for the federal
Homosexual Magazine” wins the right to be distributed by the US Postal Service government
1960s 1961—The state of Illinois becomes the first state to remove sodomy law from its books 1966—A gay bar Black Cat Tavern in Silver Lake, Los
1969—Stonewall riots, groups of gay men and drag queens riot in response of a police raid Angeles, is brutally raided by the police
1970s Throughout the 70s antisodomy laws are repelled in 20 states including, Connecticut, Colorado, 1977—The Arkansas legislature recriminalizes same-sex acts
Oregon, Delaware, Hawaii, Ohio, South Dakota, Wyoming between consenting adults. This is seen as the first event in
the backlash against gay and lesbian rights
1970—First gay pride marches are conducted in New York, Los Angeles, and San Francisco 1977–1978 Ordinances prohibiting discrimination based on
sexual orientation are repealed one by one in cities and
counties such as St Louis, St. Paul, Wichita, Eugene, and in
Dada county Florida
1973-The American Psychiatric Association removes homosexuality from its DSM-II 1978—State Sen. John Briggs introduces a ballot initiative to
ban gay teachers from teaching in California’s public schools
1974—Openly gay politicians such as Kathy Kozachenko of Anne Arbor. Elaine Noble of 1978—In San Francisco, Mayor George Moscone and city
Massachusetts and Harvey Milk of San Francisco are elected to public office Supervisor Harvey Milk are murdered in city hall by another
Throughout the 70s cities, counties and states such as Detroit, Santa Cruz, New York, San city Supervisor Dan White
Francisco, and Minneapolis pass antidiscrimination on the basis of sexual identity ordinance.
Pennsylvania becomes the first state to issue a ban on employment discrimination on the basis of
Between Relative Deprivation and Entitlement: An Historical Analysis…

sexual orientation
481
Pro-gay events Antigay events
482

1980s 1980—The Democratic National Convention declares its support for gay rights 1980—San Jose and Santa Clara County in California repeal
their gay rights ordinance
1982—Wisconsin becomes the first US state to ban discrimination against gays and lesbians 1981—First published report of deaths associated with AIDS
appears in a medical publication
1983—Berkeley becomes the first city in the United States to allow for same-sex couples domestic- 1982—A policy stating that homosexuality is “incompatible”
partner benefits including health coverage with military service lead to the dismissal of 17,000 soldiers
throughout the decade
1986—Becky Smith and Annie Afleck from California became the first lesbian couple able to 1984—San Francisco Department of Public Health closes the
jointly adopt city’s bathhouses with the hope of reducing the spread of
HIV
1985—The first test to detect HIV is licensed in the United
States. By the end of the year, 6000 die of AIDS, and 12,000
cases are diagnosed
1986—Bowers v. Hardwick case, US Supreme Court upholds
Georgia law forbidding oral and anal sex between two men
1987—New Hampshire issued a statute banning LGBT
adoption
1990s 1991—Karen Thompson is named legal guardian of her partner Sharon Kowalski, 8 years after a 1993—“Don’t ask don’t tell” becomes law. The law instructs
car accident left her paralyzed military personnel not to mention same-sex orientation
1993—A judge in the Hawaii state high court declares that the state doesn’t have the right to 1996—The Defense of Marriage Act (DOMA) becomes law.
discriminate against same-sex couples, by preventing them from getting married The law defines marriage as a legal union between one man
and one woman. No state is required to recognize a same-sex
marriage license from out of state
1999—The Vermont Supreme Court rules that the state must grant gay and lesbian couples the By 2000, 31 states pass laws associated with DOMA. Among
same rights as heterosexual couples them are Alaska, Arizona, Delaware, Georgia, Idaho, Illinois,
1999—California establishes a domestic-partner registry and grants hospital-visitation rights to Kansas, Michigan, Missouri, North Carolina, Oklahoma,
same-sex couple Pennsylvania, South Carolina, South Dakota, and Tennessee
E. Ben Hagai and F.J. Crosby
26
Pro-gay events Antigay events
2000s 2003—The US Supreme Court strikes down Sodomy Laws 2000—California passes Proposition 22 restricting marriage
to same-sex couples
2003—Michigan Supreme Court approves same-sex marriage 2004 President George Bush declares his support for a
constitutional amendment defining marriage as being only
between a man and a woman
2003—California passes Domestic Partnership Law 2004—California Supreme court orders a halt and then voids
same-sex marriages license distribute in San Francisco by
Mayor Newsome
2004—Mayor Newsome begins distributing marriage license to same-sex couples in San Francisco 2004—Voters in Missouri restrict marriage to being between
approximately 4000 same-sex couples get married a man and a woman
2004—A county clerk in New Mexico begins issuing marriage licenses to same-sex couples 2006—Voters in Alabama Idaho, Colorado, South Dakota,
South Carolina, Tennessee, Virginia, and Wisconsin approve
changing their state constitution to restricting marriage to a
man and a woman
2004—The mayor of New Paltz, New York begins marrying same-sex couples 2008—California voters approve Proposition 8; thus
2004—A Seattle judge approves same-sex marriages changing California’s constitution to ban same-sex marriage
2006—First country in Africa, South Africa approves same-sex marriage
2008—Connecticut Supreme Court allows marriage for same-sex couples
2009—Iowa Supreme Court overturns ban on same-sex marriage
2009—Vermont Legislature legalizes same-sex marriages
2009—Maine Governor signs a bill legalizing same-sex marriages
2009—New Hampshire legalizes same-sex marriages
2010—District Judge Walker rules California’s Proposition 8 unconstitutional
Between Relative Deprivation and Entitlement: An Historical Analysis…

2011—US President Barack Obama directs the Department of Justice to stop defending the DOMA
law in court because the administration understands it to be unconstitutional
2011—New York state legalizes same-sex marriage
2012—For the first time same-sex marriage is legalized by popular vote in Maine, Maryland, and
Washington
2013—US Military affords some marriage benefits to same-sex partners
2013—Rhode Island legalizes same-sex marriage
2013—Delaware becomes 11th US State to legalize same-sex marriage
2013—Minnesota becomes the 12th US State to legalize same-sex marriage
2013—France and the United Kingdom legalizes same-sex marriage
2013—US Supreme Court determines that aspect of the Defense of Marriage Act (DOMA)
483

unconstitutional since it discriminates against same-sex marriage. The same day the court also
overturns California’s Proposition 8
484 E. Ben Hagai and F.J. Crosby

Although the sexual revolution of the 1970s idly among gay men. In 1983, 71 % of the 3064
may have prompted many individuals to drop reported AIDS cases were among gay and bisex-
their rigid, binary thinking, it prompted other ual men. In 1985 the number of reported AIDS
individuals to intensify the battle lines. As Table cases climbed to 8094; 73 % of the reported cases
26.1 shows, throughout the entire period under were of men who reported having sex with men.
review, there has been a noticeable pattern of Two years later in 1987, the reported AIDS cases
action-and-reaction, or advance-and-resist. The more than doubled to 20,428, and 71 % of the
1970s were no exception. A general sense of reports involved men who reported having sex
advance in gay rights galvanized a large right- with men (Health Resources and Services
wing Christian movement. At its onset in the late Administration (HRSA, 2010). Despite minimal
seventies, slogans such as “Save the Family” and governmental support for research on the syn-
“Save the Children” were used to mobilize citi- drome, in 1984 groups of scientists in France and
zens against liberalizing ordinances and laws. in San Francisco discovered the HIV virus caus-
ing AIDS.
Legally, too, the 1980s presented a regression
26.6 AIDS and the Lesbian Baby in the legal recognition of same-sex desire. In
Boom: Strengthening 1982 the police arrested Michael Hardwick, a
a Sense of Deprivation bartender from Atlanta, as he was engaged in
sexual activity with another man in the privacy of
While the 1970s were particularly important in his own home. Hardwick filed suit claiming that
changing the sense of entitlement and deserved- the police had infringed on his right to privacy. In
ness that gay and lesbian people felt, gay and the Bowers v. Hardwick decision, by a 5-to-4
lesbian’s achievements of equality before the majority, the Supreme Court concluded that sod-
law was still far away. In the beginning of the omy was not a right rooted in the constitution
80s, the efforts gay and lesbian activists had (Mucciaroni, 2008). Writing the minority opin-
invested in portraying same-sex desire in a non- ion, Justice Blackmun accused the majority of
threatening light, took a major blow with the ignoring the issues of privacy due to an obsession
growing reports of a mysterious disease killing with the question of homosexual activity. (It was
gay men. The US government’s neglect in treat- not until 2003 that the Hardwick decision was
ing the AIDS epidemic and the thousands of completely overturned by the Court in the case of
deaths of gay men that resulted, led to great Lawrence v. Texas.)
anger and galvanized a social movement Contemplating her child’s birth while mourn-
demanding full equality to gay and lesbian peo- ing the death of a gay friend from AIDS, Cherrie
ple and families (Klarman, 2012). Moraga, a feminist lesbian activist and scholar
On June 5, 1981, a little-noticed announce- wrote “is there a kind of queer balance to this
ment published in the Morbidity and Mortality birthing and dying…lesbians giving life, our
Weekly Report stated that “5 young men, all brothers passing” (Moraga, 1997, p. 62, cited in
active homosexuals, were treated for biopsy- Mezey, 2008). In the 1980s while gay men were
confirmed Pneumocystis carinii pneumonia at 3 suffering from the AIDS epidemic, lesbians were
different hospitals in Los Angeles, California. beginning to use advances in reproductive tech-
Two of the patients died” (Bayer & Oppenheimer, nology to form families and have children. In the
2000, p. 11). This report, together with a growing 1980s “baby maybe” social groups and widely
number of instances of gay men dying from rare attended conferences on alternative reproduction
cancers, pneumonia, or other diseases related to in Portland, San Francisco, and New York
immunodeficiency, heralded the beginning of the engaged lesbians with the questions of why and
AIDS epidemic. how to bring children into the world (Chauncey,
At first, AIDS was little understood, and was 2004). Advances in reproductive technologies,
termed the “gay cancer.” The disease spread rap- such as in vitro fertilization (IVF), (whereby eggs
26 Between Relative Deprivation and Entitlement: An Historical Analysis… 485

are fertilized in a petri dish, and then injected one of these as a biological parent. Moreover, the
back to the woman’s uterus) and increases in the state argued that children are better socialized
prevalence of sperm banks made artificial insem- when growing up with both feminine and mascu-
ination techniques a favorite among lesbians aim- line role models. Circuit Court Judge Kevin
ing to get pregnant without having sexual Chang concluded that while there are benefits for
intercourse with men (Agigian, 2004). According children in being raised by a mother and a father
to some estimates the number of gay and lesbian in a stress-free home, the best predictor for a
parents was over a million by the end of 1980s child’s healthy development is a loving and warm
(Chauncey, 2004; Patterson, 1994). relationship between parent and child, regardless
of family structure (Dupuis, 2002). Judge Chang,
reasoning highlighted the shared humanity of
26.7 Procedural and Restorative parents, regardless of their gender. This type of
Justice Reasoning reasoning falls into a human rights argument to
in the 1990s Debate marriage equality.
over the Legitimization Around the same time, an Alaskan court held
of Same-Sex Marriage that the right to choose one’s marriage partner
cannot be decided by the government. In the
The AIDS epidemic and the increase in gay and Alaskan case, Judge Michalski concluded that
lesbian families pressed the importance of estab- “the right to choose one’s life partner is quintes-
lishing legal recognition for same-sex families. sentially the kind of decision which our culture
In particular, gay and lesbian couples feared that recognizes as personal and important” (Dupuis,
they would not have rights to care for a sick part- 2002, p. 64). Both the Hawaiian and the Alaskan
ner, or to maintain custody of shared children in judges’ decisions were soon over turned by popu-
the event of a partner’s death. The 1970s cultiva- lar votes. Nevertheless, the Hawaiian judge’s lib-
tion of gay pride changed gay and lesbian sense eral framing of family that included same-sex
of entitlement and deservedness . The trauma of parents, as well as the Alaskan judge’s libertarian
the AIDS crisis and the birth of children to many justification of same-sex couples in terms of the
lesbian couples highlighted the need for family rejection of governmental intervention, offered
rights. The inequalities of same-sex couples led authoritative new perspectives that afforded the
to a sense of deprivation as gay and lesbian peo- inclusion of same-sex families in relation to both
ple compared themselves to straight couples who a libertarian framework and a liberal one.
enjoyed these privileges. The sense of depriva- The two judges, like the Supreme Court judges
tion because of the inequalities in privileges who would discuss the case later, justified same-
between heterosexual and homosexual couples sex marriage on two different bases. The liberal
led to another wave of activism focused on mar- Judge Chen justified same-sex marriage in terms
riage equality and family rights. of restorative justice, in which gay and lesbian
The genesis of the public debate on same-sex parents’ rights were taken away because of their
marriage in the United States begins with a sur- same-sex desire. Judge Michalski, a more liber-
prising judicial decision from the state of Hawaii. tarian judge, saw same-sex marriage in terms of
In 1993, three same-sex couples applied for and procedural justice, in which the government and
were denied marriage licenses from the state the courts had no right to interfere in the personal
solely because of their sex. Together they filed decisions of individuals, such as who to marry.
suit under the name Baehr v. Lewin. The judge The change in entitlement and deservedness
challenged the state of Hawaii to explain to the of same-sex couples’ rights did not occur without
court why it had discriminated against the cou- a backlash. The Hawaiian and Alaskan cases
ples based on their sex. The state argued that chil- sparked the fury of conservatives in Washington.
dren deserve to be raised by a mother and a father, Conservatives saw the valuing of family by gay
and by definition same-sex couples can only offer men and lesbians as a threat to what they called
486 E. Ben Hagai and F.J. Crosby

family values. The conservative backlash led 35 nosed with multiple sclerosis, and Windsor took
states to alter their laws to define marriage as early retirement from IBM to take care of her. In
being between one man and one woman. In the 2007, Spyer and Windsor were married in
US Congress, Republicans proposed a federal Toronto. Although the marriage was recognized
bill called the Defense of Marriage Act (DOMA) in New York, when Spyer died in 2009, the fed-
in May, 1996. By September of the same year, the eral government taxed Windsor as if she and
bill had been passed by margins large enough to Spyer had been strangers. Because of DOMA,
make a presidential veto impossible. DOMA Spyer was required to pay $363,053 in estate
defined marriage as heterosexual and specifically taxes, money that she would not have had to pay
excluded same-sex married couples from being had Spyer been her male spouse (Levy, 2013).
eligible for federal benefits such as survivor ben- Windsor joined the legal struggle for the recogni-
efits and other tax benefits given to opposite sex tion of same-sex families. Windsor and Spyer’s
married couples. In addition no state was required compelling love story of perseverance through
to recognize another state’s legitimization of illness and paralysis ultimately resulted in a
same-sex marriage (Clarkson-Freeman, 2005). majority of the Supreme Court voting to overturn
DOMA.
The Supreme Court decision not only legiti-
26.8 Supreme Court Debating mized same-sex couples right to marry but also
Same-Sex Marriage their right to raise children. In the majority opin-
ion, delivered on June 26, 2013, Justice Kennedy
Seventeen years after it was enacted by Congress, noted that not only was DOMA harmful to adults,
DOMA was struck down by the United States it was also harmful to children. Kennedy: “the
Supreme Court. The case was Windsor v. the law humiliates tens of thousands of children now
United States, decided on June 26, 2013. All being raised by same-sex couples. The law makes
three female justices and two of the male justices it even more difficult for the children to under-
found the law to violate principles of equal pro- stand the integrity and closeness of their own
tection granted by the Fifth Amendment (Liptak, family and its concord with other family in their
2013). What was the Windsor case and who was community and in their daily lives” (United
Edith Windsor? In some ways, the story of Edith States v. Windsor, 2013).
Windsor resembles the story of gay rights in the
United States. Like many other gays and lesbians
in the 1950s, Edith Windsor had an affair with 26.9 Public Opinion
another woman, but she fought the tendencies
that she thought of as sick. She tried marriage to The debates over same-sex marriage have led the
a man, but the marriage ended in divorce. In the public to become better educated and perhaps
1960s Windsor finally decided that she couldn’t more thoughtful about gay rights. Public opinion
fight her same-sex desire and began clandestinely studies show that as late as 1990 there was gen-
attending restaurants frequented by lesbians. In eral opposition to same-sex marriage across
one of the restaurants she met Thea Spyer, then a political lines and age groups. Slowly, highly
graduate student in Clinical Psychology. After educated, less conservative, and urban sectors of
Spyer broke up with her then girlfriend, Windsor the population became supporters of same-sex
rekindled the acquaintance and love developed. couples’ right to marry. By 2010, marriage equal-
Spyer became a prominent psychologist, and ity was enjoying wide public support while dis-
Windsor advanced to become a senior program- approval had become localized in specific sectors
mer for IBM. Although they decided to share such as Evangelical Christians and Republicans
their life together, they remained closeted to (Baunach, 2012; Sherkat, Powell-Williams,
many in their family and at work (Olafsdóttir & Maddox, & De Vries, 2011). Furthermore, about
Muska, 2011). At the age of 45 Spyer was diag- half of the change in public opinion on same-sex
26 Between Relative Deprivation and Entitlement: An Historical Analysis… 487

marriage is attributed to cohort change (Silver, couples as a threat to society because they do not
2013). follow traditional gender roles. Viefhues-Bailey’s
Psychologists studying the decrease in preju- (2010) analysis of the rhetoric of Christian con-
dice towards gay and lesbians, as well as the servatives who oppose same-sex marriage shows
increase in support for same-sex couples’ rights, that they frame good families as necessitating a
suggest several explanations to the public’s dominant husband who is supported by a good
embrace of same-sex couples’ rights. Shifts in wife. In such a scenario, the man submits to God,
understanding “who” gay and lesbian people and the woman submits to the man.
were influenced public opinion as to their entitle- Systematic research on gay and lesbian par-
ment. The growing prevalence of the belief that ents began to appear in the late 1970s, and has
gays and lesbians were “born that way” framed peaked in the last decade. Most research finds
being gay and lesbian in terms of being a minor- little to no difference between children of gay
ity. Whose minority status was grounded in a dif- and lesbian parents compared to children of
ferent genetic makeup (Haider-Merkel & Joslyn, straight parents, in terms of child development,
2008; Hasalm & Levi, 2006; Rutledge, Siebert, well-being, and sexual identity (Patterson, 2006).
Siebert, & Chonody, 2011). The legacy of the Most research finds that lesbian couples as well
Civil Rights Movement and other racial/ethnic as gay male couples tend to share housework
political movements of the 1970s led members of more evenly between them compared to straight
the public to reject discrimination against indi- couples. Gay and lesbian parents are more likely
viduals based on their minority status. to avoid physical punishment and to use positive
Consequantly, the framing of gay and lesbians as parenting techniques such as reasoning with chil-
a sexual minority contributed to public support dren. Reviewing the psychological research,
for equal rights to gays and lesbians. Moreover, Stacy and Biblarz (2001) further suggest that the
many studies have suggested that Harvey Milk’s sons and daughters of gay and lesbian parents are
push for the gay and lesbian people to come out more likely not to conform to traditional gender
allowed more people to get to know and come norms. For instance, boys raised by lesbian
into contact with “out” gay and lesbian people, couples are more likely to be sexually restrained,
and as a result, decrease their stigma of homo- less aggressive, and more nurturing compared to
sexuals (see Herek & Capitanio, 1996). boys raised by heterosexual couples.
Friendship between homosexual and heterosex-
ual individuals has been shown to correlate with
a decrease in heterosexual individuals’ antigay 26.10 Concluding Observations
attitudes, increased support for LGB rights, as
well as becoming politically allied with members In this chapter we use key concepts from the lit-
of the LGB community (Baunach, Burgess, & erature on justice and the family to analyze his-
Muse, 2010; Herek & Capitanio, 1996). torical shifts in family dynamics. Using mainly
In addition, changes in how gender roles and the analytical tools of entitlement and deserved-
sexuality were seen in general influenced how ness, the scope of justice, allocation rules, and
people thought of the ideal family and thus who relative deprivation, we point out several trends.
is entitled to have one. Researchers have estab- As Tyler and Smith (1995) pointed out in a time
lished that individuals who reject traditional gen- of growing social prosperity and an increase equal
der roles are more likely to be less homophobic distribution of rights to minority groups, relative
and to support marriage equality (Ben Hagai, sense of deprivation in terms of one’s own group
Clark, & Zurbrrigen, under review; Gaines & unequal rights leads people to organize and mobi-
Garand, 2010; Kerns & Fine, 1994; Kite & lize to win rights. This process associated with the
Whitley, 1996; Whitley & Ægisdóttir, 2000). birth of the gay and lesbians pride movement that
Indeed, those who still oppose marriage equality borrowed the term pride from African American
in the United States tend to do regard same-sex black pride movement. Activism at the early
488 E. Ben Hagai and F.J. Crosby

stages focuses on changing minority group’s own Opinion Quarterly, 76, 364–378. doi:10.1093/poq/
nfs022.
sense of entitlement and deservedness. In the
Bayer, R., & Oppenheimer, G. M. (2000). AIDS doctors:
1970s gay and lesbian movements changed how voices from the epidemic. London, England: Oxford
homosexuality was seen from a disease to just University Press.
another form of sexual desire. Changing under- Ben Hagai, E., Clark, N., Zurbrrigen, E. L. (under review).
Individuals’ rejection of compulsory heterosexuality
standing homosexuality, and increase pride of gay
and the battle for same-sex Marriage. Feminism &
and lesbian people in themselves, further increase Psychology.
a sense of deprivation especially in the face of the Chauncey, G. (2004). Why marriage? The history shaping
US government’s neglect in treating the AIDS today’s debate over gay equality. New York, NY:
Basic Books.
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Index

A Aggression, 118, 119, 229


AAP. See Apartheid Archive Project (AAP) external, 229
Absence of envy, 89 internal, 230
Academic discourses, 9, 43, 362 worlplace, 229
Access and resource allocation Allocation decision, 50, 93, 205, 211, 219
actual distribution Allocation event, 224, 225, 227, 232
curricular justice, 352 Allocation rules, 202, 205–207, 211–213
EEO, 353 Allocator, 202, 204–207, 211–213, 216
free market, 353 Altruism, 85, 230
qualified teacher, 353 standard models, 99
underqualified teachers, 351 unconditional, 84
just distribution Altruistic punishment, 63, 71
affirmative action policy, 351 Altruistic sharing, 168
discrimination and deprivation, 352 AMJR. See Affective model of justice reasoning (AMJR)
EEO, 351 Amygdala, 224
equal opportunity, 351 Andreoni and Miller model, 89, 90
liberal-egalitarian theories, 352 Anger, 163–165, 167, 225, 226, 230
participation and common schooling, 352 moral outrage, 243, 244
Accountability principle, 92–95, 98, 99 Anonymity, 86, 92, 96
Accuracy, 69, 172, 220, 221, 280, 429 Antisocial behaviors, 152, 153, 318
Actor, 222, 223, 227 Antisocial justice, 166, 170, 174, 175
civil society, 43 Apartheid
cognitive-emotional processes, 232 AAP, 448
economic exchange relations, 51 fosters, 448
justice and morality, 420 racism, 448
justice-motivated behavior, 39 structural injustice, 448
and stakeholders, 381 Apartheid Archive Project (AAP), 448
violating, 259 Apes, 390, 394
Actual distribution of grades, 360 Apologies, 117, 119, 251, 258, 259, 264, 269
Actual distribution of learning places Applicant reactions model, 316
AP examinations, 355 Archival research, 448, 453–455
academic tracks, 354 Archives, 453
discretionary procedures, 355 document injustice, 446
frog pond hypothesis, 355 familiar institutions, 445
gatekeepers, 355 fragmentation, 454
meritocratic justice, 354 historical accounts, 454
Actual Reward Process, 202–216 historical records, 445
Adequate notice, 221 history and ethics, 453
Adherence to norms, 169 interpretative challenges, 454–455
Advantageous inequity, 183–185, 192, 193 models of justice, 447
Affective model of justice reasoning (AMJR), 225 and persecution, 446
Affirmative action and power, 445
racial and sexual discrimination, 76 social justice, 446
resource allocation, 352 Associative process, 186, 187

© Springer Science+Business Media New York 2016 491


C. Sabbagh, M. Schmitt (eds.), Handbook of Social Justice Theory and Research,
DOI 10.1007/978-1-4939-3216-0
492 Index

Attention, 172 social dynamics of legitimacy and justice, 10


Attitudes, 306–309 BJW. See Belief in a just world (BJW)
Attributions Bias suppression, 3, 69, 220, 221, 280
cognitive-emotional processes, 232 Biased information processing, 225
emotions, 379 Bismarckian welfare model, 299
of responsibility/blame, 242 Black Panther Party (BPP)
victim, 149 archival material, 450
Authority, 220, 222, 232 derogatory accounts, 450
Oakland City Council, 451
official newsletter, 451
B self-defense, 451
Bargaining, 43, 91, 97, 205 social justice activities, 451
Basic needs, 95, 96, 98, 99, 101 Black Panther Party’s community activism, 10
Basic structure Black sheep effect, 249
complex ideal of justice, 19 Blame, 232
conception of justice, 21 attribution, 379
international and intergenerational justice, 22 cognitive-emotional processes, 232
justice, 19 and cultural worldview defense, 188
non-ideal conditions, 21 derogate innocent victims, 133
pervasive influence, 19 memory processes, 138
in Political Liberalism, 21 robbery/sexual assault, 186
political power, coercive nature of, 19 Bogus pipeline, 184, 185
primary subject of justice, 21 Bolton-Ockenfels models, 89
Rawls’s ideal principles, 20, 21 BPP. See Black Panther Party (BPP)
Rawls’s view, 17 Breeding style, 395
social institutions, 17 Bullying, 229, 230, 232
Behavioral consequences of justice, 48–50
Behavioral economics, 83, 85, 97, 98
Beitz, C., 23 C
Belief in a just world, 428 Capuchin monkeys, 239, 241, 390–394, 397
Bowlby’s working model, 131 (see also Center for the Study of Political Graphics (CSPG), 451
Justice motive) collective memories, 453
substitutability, 131 constructive effects, 453
Belief in a just world (BJW), 181, 185–192, 360 LGBTQ community, 452
Beliefs, 91, 97, 102 norms and values, 452
Belonging motives, 462 political posters, 451
Beneficiaries, 145, 146, 148, 149, 153 posters and newspaper, 452
Beneficiary sensitivity social justice issues and research, 452
adherence to justice principles, 169 Chari, S., 449
altruistic punishment, 168 Charities, 99
cognitive processes, 162 Charness and Rabin model, 88, 90
dACC, 173 Chicago Public Schools, 449
distinctiveness, 166 Chimpanzee, 391
economic games, 168 Choice, 461, 464
emotional and behavioral reactions, 173 Choice egalitarians, 93, 101
honesty/humility, 166 Civic cooperation, 280
justice motivation, 174, 175 procedural justice, 281–282
moral courage, 167 Civic resources
outrage/guilt, 171 historical distributive injustice, 451
prosocial perspectives, 166 Oakland community, 451
psychological constituents, 164 Civil rights movement, 114
shoplifting and free-riding, 169 Claims, 90–92, 95, 102
solidarity, 168 Claims problem, 90, 91
Beyond justice Climate change
archives and social justice research, 10 anthropogenic, 25, 26
deprivation and entitlement, 10, 11 population policies, 31
justice and culture, 10 Coercion, 23
morality and justice, 10 Cognitions, 222, 224–227
morality, legitimacy and social resources, 9 Cognitive inference, 223
Index 493

Cognitive resources, 183, 184 D


Collective action, 282–284, 286 dACC. See Dorsal anterior cingulate
Collective memories, 10, 453 cortex (dACC)
Collectivism, 227, 462, 463, 466, 471 Decision control, 220, 221, 230
Commitment, 228 Decision criterion, 459, 464, 466
and cooperation, 6 Decision-maker, 460–462, 464, 468–470
environmental pollution, 114 Deductive theory, 209, 210
interpersonal justice, 472 Deficiency aversion, 208
meta-analysis, 327 Delayed-return cultures, 188, 189
nuclear power, 370 Demographic variables, 96
self-evaluations, 229 Demographics, 40, 96, 154, 227, 228, 304,
Communication criteria of fairness, 220 377, 393
Comparative approach, 387–389, 394, 399 Deonance approach, 413–414
Comparison process, 3, 53, 207, 226, 440, 441 Deontic
Compensation, 164, 168–170, 173 approach, 232, 462
Compensation principle, 87–89 state, 223
Competitions, 231 Descriptive economics, 83, 84, 88
affirmative action policies, 118 Desert, 84, 91, 95–97, 101
justice, 115 Deservingness, 228, 245
self-interest, 115 Dictator game, 85, 86, 88, 90, 96, 99, 100
Competitive preferences, 90 Dictators, 85
Confirmatory factor analysis, 462 equality, 466
Conflict mediation, 109, 120–123 fairness-related behavior, 49
Conflict resolution, 7, 10, 122, 170, 285, 343, 370, Fehr-Schmidt model, 85
380–381, 434, 469 spectator, 92
Consequences of PJ, 228–231 Difference principle, 88, 97
Conservative ideology, 150 Dilemmas, normative, 120
Conservative welfare regimes, 299 Discourses, 39
Consistency, 221, 224, 229 analysis, 43, 46, 47
Contemporary theories, 408–410 normative, 120, 121
Context, 84, 86, 90, 95–97, 99–102 Discretionary variables, 92
Context specificity, 96, 399 Disgust, 225
Context-dependent, 95, 96, 99, 101, 102 Dispossession, 450
Contractarianism, 16, 29 Distribution, 369, 370, 461, 464–469, 471, 472
Contracts, 111 Distribution principles, 4, 7, 8, 307, 349,
implementation, 111 354, 436
implicit/explicit, 111 Distributive and procedural BJW, 147
justice, 123 Distributive justice, 19, 21–25, 39, 45, 47, 62, 63, 68, 69,
Control motives, 471 84, 86, 88, 101, 102, 219, 224, 226, 232, 276,
Conventionality, 408, 409, 413, 419 307, 308, 323–324, 371, 430–432
Conviction, 109, 419 criteria, 466–468
Cooperation, 169–173, 228, 239–241, 388, 392, 394, entitlement, 337
427, 429 perception, 337
basic structure, 18 practices, 468
burdens of social, 17 principles, 277–278
Correctability, 220, 221, 230 resources, 349
Cosmopolitanism, 23, 24 rules, 464–466
Counterproductive work behaviors, 63 school, 350
Critical clarification, 111 social justice, 285
Cross-cultural comparison, 175, 363 social psychology, 337
CSPG. See Center for the Study of Political Graphics Distributive justice theory, 3, 6, 68
(CSPG)See Domain of the political, 18
Cultural value dimensions, 227, 464 Domain theory, 409, 410
Cultural worldviews, 188–190 Domestic workers, 448
Culture, 95, 102, 459, 461, 463, 464, 466–472 Dorsal anterior cingulate cortex
and justice, 10 (dACC), 173
framework of justice, 464 Dorsomedial prefrontal cortex (dmPFC), 173
in psychological research, 463, 464 Downsizing process, 326, 327
Cyberloafing, 231 Dual-process models, 186
494 Index

E sensitivity, 461
Ecological engagement, 114 theory, 63, 90–92, 111, 464, 472
Economic fairness, 84, 89, 100 Ethical Code of the Society of American Archivists, 454
Economic games, 168, 169 Ethicality, 220, 221
Economic justice, 3, 4 Event perspective, 460
concept of social justice, 83, 84 Evolution
context, 95–97 behaviors, 388
desert, 91–95 culture, 460
efficiency, 86–90 evolutionary roots/origins, 239, 240
equality, 84–86, 88–90 inequity, 394–395
equity, 90–95 justice-based motivations, 67
pluralism, 97–99 ritual, 263
risk, 99–101 roots, 240
Educational places, 350 Ex ante justice, 100, 101
Educational system Ex post justice, 100, 101
educational resources, 350 Exchange relationship, 111
micro-educational spheres, 350 justice in, 116–117, 122
subdisciplines, 350 Existential guilt, 112, 113
subspheres, 350 Exogenous variables, 92
EEO. See Equality of Educational Opportunity (EEO) Experience, 150, 153–155
Efficiency, 86–90 Experiential mindsets, 185–188
Efficiency-equity trade-off, 86 Experiments, 83–89
Effort, 88, 89, 91–94, 98, 102 design, 86, 94
Egalitarianism, 91, 92 dictator, 88, 89, 94, 101
Ego-depletion, 191 economics, 83–85, 87, 88, 96, 98
Emotions, 222–225, 370, 379, 382 Engelmann and Strobel, 88, 90
anger, 259 games, 240, 241
as cause, 225 laboratory, 94
and cognitions, PJ, 224–227 real effort task, 92
as consequence, 225 social preferences, 86
disgust, 259 stakeholders and spectators, 96
embarrassment, 260 and surveys, 96
guilt, 259, 269 ultimatum, 85
moral, 258, 259, 261 and variations, 84
outrage, 259, 260 Expressiveness coefficient, 208, 209, 213, 215
shame, 259, 269 Extending justice in space
Empirical justice research, 39, 48, 54 coercive structure, 24
Empirical social choice, 84, 97, 98 cosmopolitanism, 23, 24
Employee motivation, 8, 323 distributive justice, 23
Encounters, 221 extensions of justice, 22
asymmetric power relationship, 266 global arena, 22
delayed-return cultures, 189 global institutions, 24
legal authorities, 432–434 non-cosmopolitan, 24
Entitlement political and military struggle, 22
and deservedness, 478, 480, 484, 485, 487, 488 political and social developments, 22
relative deprivation, 477 political philosophers, 22
social categories, 478 putative global institutions, 25
Envy-free, 89 well-off liberal societies, 24
Equal splits, 85, 86, 93 Extending justice in time
Equality, 294, 465–467, 471 contractors, 26
efficiency, 86–90 future non-contemporaries, 25
Equality of Educational Opportunity (EEO), 351 hypothetical and nonhistorical, 25
Equality of opportunity, 19, 295, 297, 301, intergenerational context, 25
302, 304 intergenerational justice, 28
Equifinality, 131 international issue, 25
Equity, 62, 63, 68, 74, 90–95, 111, 116 long-term policies, 27
and desert, 91–95 non-identity problem challenges, 27
principle, 467 problem of non-ideal theory, 26
ratio, 465, 467 Rawls’s discussion of intergenerational justice, 28
rule, 68, 466 Rawls’s principle of just savings, 28
Index 495

societal development, 26 dictator, 100


steady-state stage, 26 earnings and feel, 93
transgenerational projects, 28 gift-giving, 95
motivations, 99
price of money, 89
F Global basic structure, 23, 25
Face, 459, 461, 469 Goal state, 223
Fairness, 84–89, 91–97, 99–102, 387, 388 Goods and bads, 205
Fairness and risk, 99 Grading, 350, 359–361
Fairness heuristic theory, 224, 226, 460, 462 Group & interpersonal processes, 334–336, 339
Fairness judgments, 182, 183 Group engagement model, 69, 231, 281
Fairness norms, 99, 102 Group-value approach, 462
Fairness or risk, 99, 100 Guilt feelings, 112, 113, 164, 169, 171, 225
Fairness theory, 89, 409–411, 413–416, 418, 419
Family relations
household distributions, 333 H
justice, 335–342 Harmony, 67, 68, 72, 232, 412, 463
Fear of exploitation, 166, 170, 171, 175 Health
Feelings, 99 behaviors, 152
anger and resentment, 62–63 investigation, 155
health outcomes, 170 legal system, 146
mood, 244 physical, 151, 152
personalities/social climates, 150 psychological, 152
social skills, 284 Hofstede, 463, 467, 469
Fehr-Schmidt model, 85, 90 Homo economicus model, 83
Femininity, 227 Homophobia
Flanigan, S., 450, 451 and discrimination, 453
Forgiveness, 72, 247, 250, 251 low-wage workers, 453
Forms of justice, 129, 130 Homosexuality. See Queer
distributive justice, 6 Honesty, 102, 161, 166, 223, 429
Jasso’s theoretical framework, 6 Hormones, 231
procedural justice, 6 Hot cognition, 186, 187
restorative justice, 7 Hyper-fair offers, 95
retributive justice, 6 Hypothetico-deductive theory, 209, 213
Framing coefficient, 208, 209, 213, 215
Framing effects, 96, 97
Frauds, 8, 169, 183, 298, 299, 341 I
Free riding, 114–115 Ideal theory, 16, 26, 30
Free-rider dilemma, 114–115 Identity, 224, 462, 468
Frustration, 225, 228–230 ingroup/outgroup, 248
Future orientation moral identity, 248, 249
and coping, 192 social identity, 248, 249
and managing personal uncertainty, 188–190 Identity violation, 224
Ideology, 242, 245
belief-systems, 150
G BJW, 150
Gain, 99–101 conservative, 150
Game theory, 84, 97 justice motive theory, 150
Gay and lesbian rights, 477, 479, 480, 484, 485 locus of control, 150
Gender, 96, 98, 228 mediator, 150
General BJW/BJW-others religiosity, 150
and antisocial tendencies, 148 right-wing, 150
costs, 148 variables, 148
immanent justice, 148 Immanent justice, 134, 137, 138, 148, 153
just world scale, 147 Immediate-return cultures, 189
languages, 147 Impartiality, 86, 94, 96, 102
psychometric properties, 147 Inclusion, 370, 372–373
subsequent measures, 147 Inclusionary justice, 447–450, 452, 453
Giving Income distribution, 92
average, 99 Income inequalities, 464, 471, 472
496 Index

Individualism–collectivism, 463, 471 Institutional division of labour, 20, 30


Individuality, 459 Institutions, 39, 293, 297, 298, 304, 308
Inequality, 428, 437, 441, 462, 464, 465, 471, 472 Instrumental approach, 462
Inequality aversion, 85, 86, 88–90, 97 Insult, 224–226
Inequity, 63, 387, 388 Interactional, 461, 472
Inequity and prosocial behavior, 396–397 Interactional justice, 62, 220, 221, 226, 229, 230, 325
Inequity responses, non-human animals Intergenerational justice, 22, 342, 373, 376
behavioral and experimental economics, 387 Rawls’s discussion, 28
chimpanzees’ behavior, 392 Intergenerational original position, 17, 25, 26
comparative approach, behavior, 388–389 International/global justice, 24
convergent traits, 388 Interpersonal, 461, 464, 469–472
experimental context, 393 Interpersonal justice, 469–470
humans, 387 Interpretation, 165, 170–174
inequity paradigm, 389–390 Intuitive economist, 412
inequity responding, 395–396 Intuitive politician, 412
inequity responses Intuitive theologian, 413
in animals, 390 Involving
nonprimates, 393–394 fairness and risk, 100
monkeys, 389 retributive justice,, 334
multifaceted concepts, 388 stimulus materials, 192
non-verbal procedures, 389 Irrational thinking, 153
non-verbal species, 390 Irritation, 225
primates, 390
punishment, 398
rank, 391 J
role of effort, 392–393 Jeitinho, 469
UG studies in chimpanzees, 398 Judicial systems in France, 468
Informational justice, 221, 229, 230 Judicial systems in United States, 468
Inhibition, 191 Judicial systems in West Germany, 468
Injustice, 223, 225, 229, 336–338, 449 Just distribution, 349, 359–360
allocation principles, 334 Just distribution of learning places, 354
anthropological relational models, 335 Just Reward Function, 202–204, 206–209, 211, 212,
characteristics/distribution, 334 214–216
distributive, 239, 248 Just Reward Process, 203, 207, 209, 213, 214, 216
egalitarian distribution, 335 Just savings principle, 22, 25, 26, 28
emotions and actions, 333 Just world, 65
housework Just world belief, 65, 138, 139, 147, 186, 187,
behavior control, 336 190–192, 227
childcare, 336 Just world scale
components, 337 BJW, 145
distributive justice framework, 337 Dalbert and Lipkus measures, 147
entitlement and obligation, 338 factor structure, 146
husbands’ lower engagement, 338 justice motive theory, 154
man/woman, 337 legal system and health, 146
perceived injustice, 336 men scoring, 146
preferred vs. practiced models, 338 psychometrically sound measures, 147
socioeconomic status, 337 reliability and validity, 146
sociological and psychological models, 337 reverse-coded items, 146
inequity, 240 Justice, 415–419, 477, 486
motivated coping, 333 adult morality
prediction and consequences, 335 moral foundations theory, 415–416
procedural principles, 334 moral motives model, 418–419
Queer Militancy, 449 relational models theory and moral relationship
retributive justice principles, 334 regulation, 416–417, (see also Archives)
second-order justice ratings, 334 classic theories of moral development, 407–408
subjective ratings, 334 compensatory, 239, 250
Inputs, 461, 465–468 contemporary theories of moral
Install justice in couple, 340 development, 408–410
Institutional analysis, 43, 44 of constitutions and laws, 117
Institutional design of a society, 38 of contracts, 111, 123
Index 497

criminal, 258 Philosophy of Justice, 2


of distributions, 116, 430–432 Psychology of Justice, 3
distributive justice, 410 Sociology of Justice, 3
empirically-based social, 445 Justice enactment, 323–325
of exchange relations, 111, 116–117 Justice evaluation, 201–204, 207–211, 214
functional pluralism model, 411–413 Justice Evaluation Distribution, 209
historical, 265, 269, 445 Justice Evaluation Function, 207–210, 213, 215
injustice, 257, 265 Justice Evaluation Process, 203, 213, 214, 216
interactional, 429–430 Justice motivation, 63–65, 67, 161, 162, 167, 168, 171,
interpersonal treatment, 410 173, 175, 176
material self-interests, 410 adulthood, 129
moral exclusion and scope, 411 arbitrary allocation, 128
morality, 407, 419–420 behavior and cognition, 131
motive, 109–116 BJW, 4
procedural, 270, 429, 435 blame/derogate victims, 128
of retributions, 117 cognitive development, 127, 129
restorative, 239, 242, 250, 251, 257 competition/cooperation, 130
retributive, 237–240, 242, 245, 247, 248, 250, 251, conceptualization, 139
257, 261 contemporary motivational theory, 130
sensitivity, 113 correlational research designs, 139
separation and divorce, 341 decision-making, 130
social, 257 delay gratification, 129
spheres of, 116, 121 deserving, 128, 130
theory and research, 410 equifinality, 131
transitional, 257, 262, 265, 268, 269 history, theory and research, 4
views of, 116–118 implications, 128, 129
worker productivity, 410 influences, 137–139
Justice and environmental sustainability justice and self-interest, 4
animal rights, 372 justice sensitivity, 5
benefits, natural, 371 just-world construal, 136, 137
contested and emotional, 370 metaphor, 128
costs of mitigating, 371 moral imperative, 129
distributive approach, 371 motivational processes, 188–192
ecosystem elements, 369 multiple worlds strategy, 135, 136
environmental resources, 370 non-rational strategies, 132–134
exclusion, 372 personal contract, 129
microjustice and macrojustice, 373 pervasiveness, 140
political, 373 philosophers, 127
property rights, 371 prevention vs. promotion motivation, 130
psychology, 370 process considerations, 134
quality, 372 prominent program of justice research, 4
social groups and policies, 370 rational strategies, 132
socioeconomic status, 372 social contract, 127
temporal discounting, 373 social-cognitive and motivational processes
treatment, 369 underlying, 5
Justice concerns social-cognitive processes, 182–188
accessible, 182 stability/controllability, 129
affect people’s, 181 theory of, 1
justice judgments, 193 ultimate justice, 135
myth, 182 victim blaming, 131
process-oriented study of, 193 Justice motive theory, 72, 145–148, 150, 151, 153, 154,
psychological science, 192 462–463, 471
two-phase model, self-interest, 182–185 Justice on employee behavior, 319
Justice Consequences Process, 201–203, 213, 216 “Justice paradox”, 317
Justice criteria, 460, 466–469, 472 Justice perceptions, 460–464, 469–471
Justice disciplines, 2–4 dimensions, 461–462
crossing traditional disciplinary, 2 focus, 460–461
interdisciplinary nature, 2 level of abstraction, 460
justice research motives, 462–463
Economics of Justice, 3, 4 Justice practices, 460, 468–470
498 Index

Justice principles, 202, 206, 211–213, 459 Justification, 221


Justice research, 478, 480 inequalities, 53
Justice restoration theory, 246, 248 political ideology, 283
Justice rules, 460, 464–470, 472 same-sex couples, 485
Justice sensitivity, 65, 283 and social dominance, 278
activation threshold and potential Just-world beliefs, 65, 138, 139, 152, 186, 187, 190–192
concepts, 163
affective reactivity, 163
cognitive preoccupation, 163 K
cooperation, 170 Kohlberg’s theory, 408, 409
correlational patterns, 162
developments, 173, 174
economic games, 169 L
four-factor structure, 164 Land claims
information processing, 172, 173 corporate and governmental obstinacy, 450
intentions model, 171, 172 documentary evidence, 450
neuropsychological processes, 163, 173 ethnographic methods, 449
nomological network, 165–167 political claims, 450
restore inclination, 163 social categorizations, 449
scales, perspective and correlations, 164 social justice, 450
theoretical components, 162 Leadership, 321–323
victim sensitivity, 171 Leadership fairness theory, 322, 323
Justice sensitivity, 5, 208, 209 Learning opportunities, 349, 353
Justice spheres Learning places, 353–356
attitudinal, 8 Legal decision making, 220
child care, 9 Legitimacy, 153, 238
comprehensive and systematic review, 9 authorization, 430, 435–438
distribution, 7 collective sources, 435–437
educational subspheres, 9 conceptualization, 427–429
employees, 8 distributive justice, 430–432
fraternal deprivation, 8 encounters with authorities in contexts, 434
inequity responses in nonhuman animals, 9 encounters with legal authorities, 432–434
institutional, 8 endorsement, 431, 435–438
justice and environmental sustainability, 9 justice, 10, 425, 437–438
nonhuman literature, 9 people’s evaluations and responses, 435
organizational justice, 8 political, 8, 427
pluralistic theory, 7 procedural (and interactional) justice, 429–430
relative deprivation, 8 propriety, 428, 435, 438, 440
social justice serves, 7 Tyler’s conceptualization, 429
system justification theory, 8 Legitimizing cognitions, 169–172
Justice, work setting Lexicographic preferences, 90
affective processes, 319 LGBTQ liberation movements, 452
applicant reactions, 315–317 Liberal egalitarianism, 92, 93
attitudes and performance, 318 Libertarian, 83, 93
description, 315 Life chances, 2, 20, 349, 363
and downsizing, 326–328 Locus of control, 150
employees value, 319 Long-term goals, 150, 152
employees’ motivation, 318–321, 326 Loss, 99–101
expectations, 317 Loss aversion, 208
justice on employee behavior, 319 Luck, 91, 92, 94, 101
justice on performance, 318–319
leadership, 321–325
OCB, 318 M
organizational commitment, 316 Magnitude of injustice, 350
performance, 319–320 Market integration, 463, 466
procedural justice, 320 Marriage & family, 339, 340
punishment and reward systems, 320–321 Masculinity, 227, 463
selection process, 317 Mastery vs. Harmony, 463
social exchange, 319, 320 Matching grants, 99
Justice-related discourses, 45 Max Weber on legitimacy, 427, 428, 435, 440
Index 499

Maximin preferences, 88–90 master, 266


Maximin rule, 88, 89, 97, 98 micro-narrative, 259, 260
“Mechanismic” explanations, 42 offender, 262
Mediation & conflict resolution, 340, 343 personal, 266
Meiners, E., 449 public, 267
Memory, 165, 172 redemption, 262, 265
autobiographical, 263, 268 shared, 259, 262
collective, 263, 267, 268 victim, 260
faulty, 263 Natural environment, 369, 372, 373
shared, 262, 268 Needs-based model of reconciliation, 247
Meritocracy, 76, 304, 354, 359 Neuropsychological underpinnings, 173
Meritocratic social order, 295 Neutrality, 220, 223, 226
Meritocrats, 93, 278, 295, 296, 299–301, 303, 304, 307, Nondeductive theory, 209, 213
352, 354, 355, 360 Non-ideal theory, 20, 21, 26, 30
Methodological individualism, 40 Non-identity problem, 27, 28
Microjustice and macrojustice, 373 Norm transgression
Models of justice, 447 meaning of, 246
Moderating process, 227–228 symbolic threats of, 246
Money illusion, 97 Norm violation
Monkey, 389, 393, 394, 396 meaning of, 248
Mood, 244, 245, 342 symbolic threats of, 238
Moral courage, 167 Norm wrongdoing
Moral development, 407 meaning of, 238
classic theories, 407–408 symbolic threats of, 238
contemporary theories, 408–410 Normative discourses, 45, 120
Moral foundations, 10, 166, 269, 277, 415, 419 Normative economics, 83
Moral foundations and deonance, 413–416 Normative-philosophical study, 1
Moral intuitions, 225, 227, 232, 244 Norm-violation, 62, 63, 117, 168, 169, 232,
Moral mandates, 225, 227, 232 259, 388
Moral norms, 6, 95, 111, 376, 414
Moral obligation, 21, 227, 380, 409
Moral preferences, 84 O
Moral relativism, 95 Observer, 202, 203, 206, 207, 209, 211–216
Moral schema theory, 408, 409 Observer sensitivity. See Beneficiary sensitivity
Moral self, 62, 65–68 Opportunities, 87, 94, 100–102
Moral self-regulation, 66 Orbitofrontal cortex, 224
Moral virtue, 462 Order-related justice attitudes, 50, 52
Morality, 232 Organizational change, 221, 224
and justice, 10, 407, 410 Organizational citizenship behavior (OCB), 230, 318
perspective of justice theory and research, 410–414 Organizational commitment, 228, 229
Motivated social cognition, 278–279 Organizational justice, 221, 231
Motivational processes Organizations, 183
future orientation, 188–190 Original position, 17, 25
justice motive, 190–192 Outcome favorability, 228, 229
managing personal uncertainty, 188–190 Outcome-related justice attitudes, 50, 52, 53
self-regulation, 190–192 Outcomes, 461, 462, 465–468, 471, 472
Motives, 84–86, 88, 89, 95, 99, 102 bad outcomes, 230, 231
Multi-criterion justice, 97 good outcomes, 230
Multidimensional BJW Scale, 147 ugly outcomes, 230, 231
Museum of Memory and Human Rights in Chile, 446 Outrage, 164, 165, 167, 168, 171
Myth
of self-interest, 110
P
Pareto efficiency, 87
N Pareto principle, 87, 88
Narcissism, 247 Parfit, D., 27
Narrative Participatory action research (PAR), 359
historical, 265 Peace
individual, 263, 266 conflicts via mediation, 120–122
macro-narrative, 265, 266 decisions by authorities, 120
500 Index

Pedagogical practices Persons as free and equal, 17


acceleration, 357 Persons, corporate, 202, 204
basic preconditions, 356 Persons, natural, 202, 204
classroom practices, 357 Philosophy, 427
three-layered structure, 356 Philosophy of justice
Pedagogy, 9, 350, 353, 357–359 adequate response, 30
Perceived injustice, 470–472 analytic liberal contractarianism, 29
cognitive strategy, 339 climate change, 31
gender roles, 339 coercive collective situation, 30
housework and relationship satisfaction, 340 distributive justice, 29
marriage rates, 339 domestic, international and intergenerational
part/full-time employment, 338 justice, 29
social psychology, 340 feminist critique, 29
women’s participation, 339 global environmental problem, 29
Perceived justice, 350 Millian tradition liberty, 29
Perceptions of justice non-ideal circumstances, 30
attributions of responsibility, 379 political philosophy, 29, 31
on behavior, 378–379 potential conflict, 31
carbon dioxide emissions, 374 proportions, 31
collaboration, 381 value plurality and conflict, 31
communication in policy and business, 381 Pluralism, 97–99
conservative ideology, 377 Pogge, T., 25
divergent perspectives, 376 Political attitudes, 276–279
EBJW, 378 conceptions of justice
ecological injustices, 374 description, 276
emotional responses, 379–380 distributive justice, 277–278
environmental attitudes and behaviors, 377 empirical research, 276
environmental policies, 380, 381 French Revolution, 276
environmental protection, 376 social cognition, 278–279
environmentalists, 374 social justice, 276–277
experience, 379–380 Political discourses, 47
group differences, 374 Political ideology, 276, 278
individual interests, 376 social cognition, 278–279
justification and ideological motivations, 377–378 Political legitimacy, 276
policy support and personal behavior, 379 emergence of, 280–281
political instruments, 375 Political posters, 451–452
proenvironmental behavior, 380 Political protest, 276, 282–285
prohibitive laws and ecological taxation, 375 perceived injustice
promising methodology, 382 description, 282
psychological research, 376 models, 282–283
relation to sustainability, 375–377 system-stabilizing factors, 284–285
self-interest, 381 Political trust, 279
Perfectionism, 16, 29 Pope, R., 450
Performance appraisal, 221, 325 Population surveys, 50
Perpetrator, 162, 174 Positive economics, 83, 88
beneficiary, 164 Postgovernment incomes, 305
costs, 148 poverty, 294, 295, 301–304
emotions, 3 Power, 427, 431, 434, 437, 439, 440
job-seeking behavior, 169 Power distance, 154, 227, 463, 464, 466, 467, 469–471
ritual, 268 Precursor, 240, 390
victim sensitivity, 166 Predictive coding model, 223
Perpetrator sensitivity. See Beneficiary sensitivity Preferences, 84–90, 93, 94, 96, 98–102, 183–185
Personal BJW/BJW-self Pre-government incomes, 305
benefits, 148 Prescriptive economics, 89, 95
forgiveness, 152 Prevention focus, 227, 324
Lipkus scales, 148 Principles of distributive justice, 19, 21, 23, 276, 285
psychological well-being, 151 Procedural, 461, 462, 464, 468–469, 471
Personal contract, 4, 129 Procedural justice, 52, 62, 63, 68, 69, 100, 188, 193,
Personal uncertainty, 188–190, 192 219–221, 276, 279–282, 324–325, 343
Personality, 150, 151 antecedents, 222–224
Index 501

criteria, 469 R
gay and lesbians, 488 Rational choice model, 110, 114
judgements, 223–224 Rationalistic mindsets, 185–187
political arena Rawls, J., 15–17, 429, 439
description, 279 Rawls’s principles of justice, 18, 19
legitimacy, 280–281 Rawls’s Theory of Justice, 16–18
procedural justice and civic cooperation, 281–282 Rawlsian distributive justice, 23
social psychological perspective, 279 Reactions to injustice, 162, 163, 167
practices, 469 Real effort task, 92, 94
processes, 224–228 Recipients, 85, 222, 223, 225
restorative justice claims, 477 Reciprocity, 84, 95, 96, 102
rules, 468–469 strong, 240
same-sex marriage, 485 Redistribution, 91, 101
as social regulation, 231 Reflective equilibrium, 16
Procedural rule, crieteria, 223 Regulatory focus, 130, 227
Process control, 220, 221 Relational approach, 462
Production, 93, 94, 98, 99 Relational model of authority, 222, 228, 231, 232,
Proenvironmental behavior, 379, 380, 382 322, 462
Prohibitive laws and ecological taxation, 375 Relational model of PJ, 223
Proportionality, 84, 90–97, 99 Relations between non-contemporaries, special features
Propriety, 221, 316, 428, 435, 438, 440 of, 25, 26
Pro-social behavior, 132, 152, 153, 169, 173, 174, 183, Relative deprivation, 68, 76, 112, 113, 119, 204
264, 396–397, 399 fairness and justness, 478
Prosocial commitments, 112 procedural and restorative justice, 477
public goods games, 114 social movement, 480
justice-related motives, 113–114 Relative income poverty, 303
Prosocial justice, 166, 169, 173, 175 Religiosity, 150, 154
Prosocial orientation, 182, 183 Representativeness, 220, 221
Protest, 167 Research designs, 213, 214
Protest behavior, 276, 282, 283, 287 Research methodology, 192, 359
Psychological processes, 181, 182, 192, 193 Resentment, 112, 118, 119, 225
Psychology of justice, 3 Resource allocation to schools, 351
Public and private reactions, 185 Respect, 220, 425, 426, 430, 432
Public good games, 87, 114 Responder, 84, 85, 100, 398
Public opinion, 47, 242, 308, 309, 486–487 Response games, 88
Punishment, 63, 70–72, 74, 84–86, 102, 164, 168, Responsibility, 91–95, 98, 99, 258, 262, 265, 269
246–251 attributions of, 115, 119
altruistic, 240, 250 cut, 91–93, 95, 98
communicative function of, 238 Responsibility-sensitive egalitarianism, 91
goals of, 238 Restorative justice, 7, 72, 117, 219, 257, 259, 261, 262,
philosophies of, 238 264, 270
symbolic meaning of, 238 bilateral discussion, 72
description, 246 biological parent, 485
moving beyond, 250–251 distributive and procedural justice, 270
social-moral values, 247–250 DOMA, 486
status, power and control, 246–247 dramatic process, 477
Punishment and reward systems, 320, 321 individualand family rights, 485
Punishment philosophies memory, 262
consequentialist/consequentialism, 242 meso and macro levels, 258
deontological/deontology, 242 retribution, 117
deterrence, 243 same-sex families, 485
incapacitation, 242, 243 same-sex marriage, 477
rehabilitation, 242 Retaliation and forgiveness, 170
restoration, 251 Retribution, 72
retributive /retributivism/just deserts, 241 Retributive justice, 62, 63, 72, 219, 257, 261
Retributive responses to inequity, 397–398
Revenge, 239, 245, 251
Q Rewardee, 202–206, 208, 210, 211, 213, 215, 216
Queer, 449 Rewards, 84, 85, 94, 98, 99, 101, 102, 204,
Quinn, T., 449 206, 228
502 Index

Right to education, 350 justice, 115


education for all, 351 motive, 112, 113
institutionalization, 351 responses, 192
professional teachers, 351 meaning, 110
Right-wing authoritarianism, 247 motive, 110–111
Risk, 99–101, 151 Myth of, 110
averse, 100 scientific hypothesis/anthropological doctrine, 114
neutral, 100 serving, 111
Risk-avoiders, 101 two-phase model and justice concerns, 182–185
Risk-takers, 101 Selfish, 183, 184
Risk-taking, 84, 99, 101 Self-regulation, 181, 188, 190–192
Ritual Self-serving fairness biases, 94
collective, 258 Self-theories of justice, 225
interaction, 258, 264 Seniority, 465, 467, 470
macro-level, 258, 262, 265–270 Seniors Against a Fearful Environm (S.A.F.E), 451
meso-level, 261–265 Sensitivity to injustice, 150
micro-level, 259–261 Sensitivity to Mean Intentions (SeMI), 162, 171, 172
sacred, 264 Severance package, 224
synchronous, 264 Shame, 164, 225, 259, 260, 268, 269, 413, 462
Robustness, 192 Signature constant, 208, 211, 213, 215
Rule-based reasoning, 186 Silence, 230
Social action, 153
Social choice, 84, 90, 97, 98
S Social conditionality, 38, 48
Sadness, 225 Social conflicts
Same sex relationships internal conflicts explicit, 122
homosexual couples, 342 justice conflict, 118
lesbian mothers, 342 qualifying attributions of responsibility, 119
proxy of biological sex, 341 qualifying blameworthiness with justifications, 119
Same-sex marriages, 481–483 resentment, 118, 119
DOMA, 486 self-interest and further personal concerns, 119
judicial decision, 485 solve, 120
majority opinion, 486 Social consequences of (in)justice, 38
restorative justice, 485–486 Social contract, 127, 275, 310, 408, 427, 469
Supreme Court voting, 486 Social dilemma games, 110, 114
in United States, 477 Social distance, 86, 210
Scandinavian welfare regimes, 297 Social dominance orientation (SDO), 247
Schools, 349 Social entity perspective, 460
educational practices, 350 Social exchange, 221
educational settings, 349 Social identity theory, 429, 441
EEO, 351 Social inequality
resource allocation, 350 poverty, 447
sport’s equipment, 352 racial discrimination, 447
Scope of justice, 73, 75, 76, 477, 478, 487 Social interaction, 219, 220, 223, 231
SDO. See Social dominance orientation (SDO) Social justice, 445
Security, 295, 299, 300 archives (see Archives)
Security motive, 462 Chaim Perelman’s metaphor, 11
Selective information processing, 173 complexity of, 2
Self-based model of cooperation (SMC), 231 political ideologies, 7
Self-construals, 471 Psychology of Justice, 3
Self-deception, 94 scope of, 2
Self-enhancement, 246, 247 and Welfare State, 8
Self-esteem, 110, 120, 204 Social justice and welfare state
Self-evaluation, 229 attitudinal level, 294
Self-focus, 184 citizens, 298
Self-interest, 62–64, 69, 83–85, 88–96, 100, 102, conservative welfare regimes, 299
182, 240 Continental European countries, 303
Economics of Justice, 3, 4 description, 293
and fairness concerns, 185 educational disparities, 301
impact of, 114 equality, 294, 295, 297
Index 503

equalizing outcomes and opportunities, 300–303 Spectator, 92–94, 96, 101


equivalence, 299 Sphere of justice, 350
family policies, 302 Spontaneous reaction, 184
gender, 306 Stakeholder, 92–94, 96, 101
institutionalized conceptions, 296–300 Standing, 220, 223, 226
income instability, 305 Status and power
individual responsibility, 309 autonomy, 246, 247
institutions, 293, 306 control, 246–247
design, 299, 307 empowerment, 247
level, 294 Stealing, 228
redesign, 310 Strong reciprocators, 102
justice principles, 307 Structural organization of learning, 355–356
liberal and conservative countries, 302 Students, 349, 360
liberal welfare regimes, 298 Substitutability, 131
merit, 295, 304 Surplus maximization, 88, 89
meritocratic elements, 299 Surveys, 84, 86–89, 91, 92, 96, 98, 99
need, 295 SVO. See Social value orientation (SVO)
outcomes and social justice, 300–306 System justification theory (SJT), 278,
paradox of redistribution, 304 377–378, 434
post-government incomes, 305 antecedents, 282
poverty, 303–304 motivation, 284, 286
poverty rates, 303
principles, 294–296, 308
public opinion, 309 T
social-democratic, 296–297 Tamboukou, M., 454
social-structural level, 294 Tastes, 97, 98
state attitudes, 306 Taxation, 91, 114, 115, 277, 295, 296, 375, 379
substantially and procedurally just, 297 Teachers, 349, 357
unemployment protection, 305 Teacher–student relation, 350
welfare capitalism, 300 academic achievements, 361
Social learning, 150, 154, 155 actual (in)justice, 362
Social order/stability, 426, 427, 429, 436, attitudinal and behavioral consequences, 362
438, 439 fairness perceptions, 361
Social policy, 295, 297, 298, 301, 302, 304 “fair” procedure, 363
Social preferences, 86, 99 grades and punishments, 361
Social regulation tool, 231 reputations, 362
Social value orientation (SVO), 64–66, 183 sociological research, 363
Social-cognitive processes spheres of justice, 363
two-phase model, 182–185 Terror management theory (TMT), 222
victim blaming, 185–188 Theory of justice, 2
Socially just pedagogies Time perspective, 227
authentic pedagogy, 357, 358 Trust, 152, 166, 170, 171, 176, 220, 222, 223
critical pedagogy, 357 Truthfulness, 220
democratic and inclusive pedagogies, 358 Two-phase model
productive pedagogies, 358 of justice concerns, 182–185
societal arrangements, 358 of self-interest, 182–185
teachers and students, 358
transformation, 358
Societal conditions, 38, 43, 46, 47, 300, 356 U
Societal discourses, 39, 45–48 Ultimate justice, 132, 135, 148, 150, 153
Societal institutions, 39, 43–45445, 453 Ultimatum game, 84–86, 95, 96, 100
Sociological explanations, 39, 54 Uncertainty avoidance, 227, 463, 467
Sociological justice research Uncertainty management, 222
description, 39 Uncertainty management theory (UMT), 462
four areas, 39–50 Uncertainty motive, 462
four perspectives, 39 Unconditional altruism, 84
Sociology, 38, 39, 41, 42, 45, 48 Unemployment rates, 466
Solidarity, 113, 118, 164, 168, 169, 286, 296, 299, 307, Universalism vs. particularism, 469
360, 412, 418, 451 Utilitarianism, 16, 97, 98
Sparking event, 223 Utility, 94, 97
504 Index

V justice motive literature, 148


Values, 429, 430, 432, 435, 440, 462–465, 469–472 misfortune and lionize, 145
moral mandates, 248 prosocial responses, 148
shared values, 248, 249 Vignette study, 224, 438, 440
value consensus, 248, 249, 251 Voice/process control, 220, 223, 224, 226, 227,
value reinforcement/reaffirmation, 248, 249 230, 468
Veil of ignorance, 17, 26
Victim blame, 149, 185–188
Victim sensitivity. See Beneficiary sensitivity W
Victims, 162–166 Wealth, 464, 470
and beneficiaries, 149 Welfare regime, 296, 297
BJW, 146, 155 Welfare state, 293
blaming, 149 Well-being, 148, 151
harsh attitudes, 152 Wells, C., 451
injustice, 148 World War II, 446, 479

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