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How can democracies satisfy citizens' demands for legitimate decision making? This article reports findings from a randomised field experiment designed to mimic decision making in large‐scale democracies. Natural collectives of individuals with a shared history and future (high school classes) were studied. They were asked to make a decision about how to spend a sum of money under arrangements imposed by the researchers and distributed randomly across classes. Within this setting, empirical support for three ideas about legitimacy enhancing decision‐making arrangements is tested: participatory constitution‐making; personal involvement in the decision‐making process; and fairness in the implementation of arrangements. Throughout the analyses it was found that personal involvement is the main factor generating legitimacy beliefs.
Obtaining citizens’ voluntary compliance with political decisions is a fundamental democratic challenge. Fair treatment by public officials plays a key role in theoretical and empirical studies on citizens’ compliance and cooperation. Yet it is unclear whether citizens within different societies react to (un)fair treatment in the same way. Using multilevel structural equation modelling and multilevel regression analysis on the European Social Survey 2010–2 (N = 52,458), this article shows that perceptions of fair treatment by police officers are associated with higher levels of trust in political institutions and in turn stronger compliant and cooperative attitudes of citizens in 27 countries. Yet the link between perceptions of unfair treatment and institutional trust is stronger in countries in which fair behaviour is more prevalent. While fair treatment is often considered to be a universal norm affecting citizens in a uniform way, this article sheds light on important cross‐national variations.
Are politicians more rational decision makers than citizens? This article contributes to the ongoing debate by examining how politicians and citizens assess the fairness of the process leading to a controversial policy decision. It contains theories as to why it is tempting to match the favourability of policy decision with a fairness assessment of the preceding process, and how politicians and citizens differ in their approach to the task. Having derived three hypotheses, parallel scenario experiments are run in large samples of Swedish politicians and citizens, in which the outcome and fairness of a policy decision process are manipulated. As predicted, it is found that both politicians and citizens match the favourability of the decision with the assessment of the process, that these self‐serving biases are stronger among politicians, and that policy engagement accounts for the group‐level difference.
The COVID-19 pandemic has challenged the viability and effectiveness of nonprofit organizations compelling them to make tough choices. Evidence suggests that different wordings or message settings may affect people’s decisions when presenting equivalent outcome information with positive or negative framing. Nevertheless, there have been few attempts to assess how procedural fairness and framing effects shape nonprofit managers’ reactions to job layoffs due to the COVID-19 pandemic. Using a survey experiment, we explore whether framing effects—by affecting perceived outcome favorability—and procedural fairness interact to influence nonprofit managers’ trust and support for their organizations. The findings of this 2 × 2 between-participants experimental design indicated that only when procedural fairness was relatively low did nonprofit managers react more favorably in the positive frame (keep) than in the negative frame (layoff) condition. This study adds to our understanding of how the pandemic impacts nonprofit managers, including their commitment to continue working in the sector, and has practical implications for nonprofit organizations that manage resilience in a crisis.
There is widespread agreement that bad governance and corruption represent daunting threats to new democracies and developing countries. Nonetheless, mainstream research on system support and political legitimacy has to a large extent overlooked the crucial importance of public perceptions of procedural fairness for fostering public support and regime legitimacy. Taking its departure in the theory of procedural fairness, this article challenges the conventional wisdom of earlier research by arguing and demonstrating that public perceptions of procedural fairness and impartiality on behalf of the authorities are the most important determinants of system support in the post‐communist European Union Member States. The empirical analysis lends strong support to the fact that perceptions of fairness and the extent of corruption exercise a strong effect on public support for the performance of the political system and approval of regime principles.
There is a statutory right for employees not to be unfairly dismissed. The right usually requires a qualifying period of continuous employment, and claim has to be made to an employment tribunal within three months of the effective date of termination. The employee has to prove dismissal has occurred, though resignation in response to a fundamental breach of contract by the employer counts as constructive dismissal. The courts have interpreted the statutory test of fairness to require proof that the employer acted outside of the range of reasonable responses to the fault of the employee. Some reasons for dismissal are automatically unfair. The normal remedy for unfair dismissal in practice is not reinstatement but a modest award of compensation for which there is an upper limit.
Judicial authority relies heavily on the reader’s perception that judges make fair and legitimate decisions. Do such perceptions rest primarily on the reader’s agreement with the decision? Or does an opinion’s reasoning style, as distinct from outcome, impact a reader’s perceptions of legitimacy? In this study, we test whether incorporating elements of procedural fairness into judicial opinions impacts readers’ perceptions of fairness and legitimacy, distinct from their agreement with the decision. In doing so, we also test whether members of the public are sensitive to elements of procedural fairness in written judicial opinions — a different context from the interpersonal interactions in which procedural fairness has been most often studied. We ran two survey experiments that sort participants into four conditions, varying the outcome of the case and whether the judicial opinion employs elements of procedural fairness. After reading a procedurally fair or one-sided opinion, participants reported on their perceptions of fairness and judicial legitimacy. We found strong support for the hypothesis that agreement with the outcome impacts readers’ perceptions of fairness and legitimacy, and weak support for the hypothesis that procedural fairness impacts these perceptions.
There is growing global interest in how AI can improve access to justice, including how it can increase court capacity. This chapter considers the potential future use of AI to resolve disputes in the place of the judiciary. We focus our analysis on the right to a fair trial as outlined in Article 6 of the European Convention on Human Rights, and ask: do we have a right to a human judge? We firstly identify several challenges to interpreting and applying Article 6 in this new context, before considering the principle of human dignity, which has received little attention to date. Arguing that human dignity is an interpretative principle which incorporates protection from dehumanisation, we propose it provides a deeper, or “thicker” reading of Article 6. Applied to this context, we identify risks of dehumanisation posed by judicial AI, including not being heard, or not being subject to human judgement or empathy. We conclude that a thicker reading of Article 6 informed by human dignity strongly suggests the need to preserve human judges at the core of the judicial process in the age of AI.
Researchers applying evolutionary theory to political psychology discover that in democracies, most citizens struggle to select political leaders based on their ideologies. Rather, they tend to concentrate on procedural fairness during public decision-making when evaluating their leaders. We re-examine such evolutionary propositions in China using eight Wason selection experiments. In autocracies, where accountability systems are weak or absent, little is known about how citizens judge politicians’ ideologies and their cheating behaviors. Our findings show that Chinese citizens are incapable of identifying political leaders’ ideological orientations; instead, they rely on a cheater-detection mechanism, evaluating leaders based on their adherence to procedural fairness. These results contribute to our understanding of democratic competence and the cognitive mechanisms of political judgment in autocratic contexts.
This paper reports the results of a ‘probabilistic dictator game’ experiment in which subjects were given an option to share chances to win a prize with a dummy player. Using a within-subject design we manipulated two aspects of the decision, the relative cost of sharing and the nature of the lottery: the draws were either independent for the two players (‘noncompetitive’ condition) or one's success meant other's failure (‘competitive’ condition). We also asked for decisions in a standard, non-probabilistic, setting. The main results can be summarized as follows: first, a substantial fraction of subjects do share chances to win, also in the competitive treatments, thus showing concern for the other player that cannot be explained by outcome-based models. Second, subjects share less in the competitive treatment than in other treatments, indicating that procedural fairness alone cannot explain the data. Overall, these results suggest that models aiming at generalizing social concerns to risky environments will have to rely on a mix of distributive and procedural fairness.
We extend the study of procedural fairness in three new directions. Firstly, we focus on lotteries determining the initial roles in a two-person game. One of the roles carries a potential advantage over the other. All the experimental literature has thus far focused on lotteries determining the final payoffs of a game. Secondly, we modify procedural fairness in a dynamic—i.e. over several repetitions of a game—as well as in a static—i.e. within a single game-sense. Thirdly, we analyse whether assigning individuals a minimal chance of achieving an advantaged position is enough to make them willing to accept substantially more inequality. We find that procedural fairness matters under all of these accounts. Individuals clearly respond to the degree of fairness in assigning initial roles, appraise contexts that are dynamically fair more positively than contexts that are not, and are generally more willing to accept unequal outcomes when they are granted a minimal opportunity to acquire the advantaged position. Unexpectedly, granting full equality of opportunity does not lead to the highest efficiency.
We investigate in a laboratory experiment whether procedural fairness concerns affect how well individuals are able to solve a coordination problem in a two-player Volunteer’s Dilemma. Subjects receive external action recommendations, either to volunteer or to abstain from it, in order to facilitate coordination and improve efficiency. We manipulate the fairness of the recommendation procedure by varying the probabilities of receiving the disadvantageous recommendation to volunteer between players. We find evidence that while recommendations improve overall efficiency regardless of their implications for expected payoffs, there are behavioural asymmetries depending on the recommendation: advantageous recommendations are followed less frequently than disadvantageous ones and beliefs about others’ actions are more pessimistic in the treatment with recommendations inducing unequal expected payoffs.
Prior research has demonstrated that the ability to express one’s views or “voice” matters in social and economic interactions, but little is known of the mechanisms through which voice operates. Using an experimental approach based on the ultimatum game with the strategy method, we explore four potential channels for voice that encompass and expand on prior work: the knowledge effect of voice, the value expressive (or inherent value) of voice, the expectation effect of voice, and the procedural fairness effects of voice. Our results show strong effects through the value expressive and expectation channel, but not through either the knowledge channel or procedural fairness. In our view, voice is powerful because people like to express their views and they are disappointed when their views did not make a difference in their outcomes.
Which inequalities among individuals are considered unjust? This paper reports the results of an experiment designed to study distributive choices dealing with arbitrarily unequal initial endowments. In a three-person distribution problem where subjects either know or do not know their endowments, we find impartial behavior to be a stable pattern. Subjects either compensate for initial inequalities fully or not at all in both conditions, and they do so more often when they do not know their endowment than when they know it. Moreover, the type and the size of the good to be distributed also affect the frequency of impartial behavior.
The participants in deliberative mini-publics are typically randomly selected; therefore, mini-publics are often marketed as representative of the wider population. However, in practice, mini-publics are unlikely to be fully representative due to their small size and non-response bias. I report the results of a pre-registered survey experiment designed to assess the implications of deviations from statistical representativeness for citizens’ legitimacy beliefs (N = 1,308). Consistent with prior research, I find that the involvement of a mini-public in democratic decision-making can lead to substantial increases in perceptions of process legitimacy; however, even minor biases in the composition of mini-publics substantially decrease those gains while larger biases can wipe them out entirely. The results of this study temper hopes that mini-publics offer an easy fix to perceptions of low democratic legitimacy.
In response to our critics, we clarify and defend key ideas in the report Open and Inclusive: Fair Processes for Financing Universal Health Coverage. First, we argue that procedural fairness has greater value than Dan Hausman allows. Second, we argue that the Report aligns with John Kinuthia's view that a knowledgeable public and a capable civil society, alongside good facilitation, are important for effective public deliberation. Moreover, we agree with Kinuthia that the Report's framework for procedural fairness applies not merely within the health sector, but also to the wider budget process. Third, we argue that while Dheepa Rajan and Benjamin Rouffy-Ly are right that robust processes for equal participation are often central to a fair process, sometimes improvements in other aspects of procedural fairness, such as transparency, can take priority over strengthening participation. Fourth, while we welcome Sara Bennett and Maria Merritt's fascinating use of the Report's principles of procedural fairness to assess the US President's Emergency Plan for AIDS Relief, we argue that their application of the Report's principle of equality to development partners' decision-making requires further justification.
We summarise key messages from the World Bank Report Open and Inclusive: Fair Processes for Financing Universal Health Coverage. A central lesson of the Report is that in decision-making on the path to Universal Health Coverage (UHC), procedural fairness matters alongside substantive fairness. Decision systems should be assessed using a complete conception of procedural fairness that embodies core commitments to impartial and equal consideration of interests and perspectives. These commitments demand that comprehensive information is gathered and disclosed and that justifications for policies are publicly debated; that participation in decision-making is enabled; and that these characteristics of the decision system are institutionalised rather than up to the good will of decision-makers. Procedural fairness can improve equity in outcomes, raise legitimacy and trust, and can help make reforms last. While improving procedural fairness can be costly and there are barriers to achieving it, the range of instruments that countries at varying levels of income and institutional capacity have used with some success shows that, in many contexts, advances in procedural fairness in health financing are possible and worthwhile.
Although the fair financing report, ‘Open and Inclusive: Fair Processes for Financing Universal Health Coverage’, has many sage things to say about democratic deliberative processes, its title belies its content: the report does not offer any assessment of processes for financing universal health coverage. What it does instead is scrutinise processes for deciding how to finance universal health coverage without any linkage to substantive questions concerning financing, and, moreover, the discussion is not narrowly focused on fairness.
Chapter 12 discusses accountability in regulation. Accountability is part of a family of concepts that relate to the exercise of power and its abuses. It construes the relationship between regulators and regulatees according to principal-agent theory and explains how accountability can be an important mechanism for requiring answerability, ensuring that agents (regulators) do not drift from the interests of regulatees. The chapter explains that accountability consists of four elements: (i) a duty to explain; (ii) exposure to scrutiny; (iii) a potential ‘sanction’ or a consequence of some kind; and (iv) the possibility of being subject to independent review.
The policy-making process for health financing in most places lacks equity, failing to adequately consider the voices of ordinary citizens, residents, and especially those facing significant disadvantage. Procedural fairness is about addressing this imbalance, which requires a recalibration of power dynamics, ensuring that decision-making incorporates a more diverse range of perspectives. In this comment, we highlight the important contributions made by the report ‘Open and inclusive: Fair processes for financing universal health coverage’ in furthering the understanding and importance of procedural fairness in health financing decision-making especially as it relates to the three sub-functions of financing – revenue raising, pooling, and purchasing. We also argue for the importance of conceptual clarity – especially as to the added value of procedural fairness vis-à-vis accountability – and critically review the proposed framework for procedural fairness, emphasising the role of voice as the linchpin to advancing equity in influence.