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Procedural Justice:
Inclusive Process for Inclusive Growth
E. Allan Lind
1
The Passport and the iPad
2
The Science of Inclusion and Exclusion
• Forty years of research in
psychology and cognitive
neuroscience shows:
– People ...
The Brain’s Reaction to Exclusion
Eisenberger, Lieberman, & Williams, Science, 2003.
4
What Are Procedural Justice
Judgments?
• Judgments of how fairly one has been treated
• What procedural justice judgments ...
Procedural Justice: Why?
• Reason 1: Build trust in government;
legitimacy and obedience to law.
• Reason 2: Increase volu...
Reason 1: Build Trust and Legitimacy
2.5
2.7
2.9
3.1
3.3
3.5
3.7
3.9
4.1
4.3
Perceived Fairness of Process Legitimacy of L...
Reason 2: Compliance and Acceptance
8
1
2
3
4
5
Hearing Process
Fair
Hearing Process
Unfair
Willingness to Accept New
Envi...
Reason 3: Beneficence
• Just as we react to exclusion in same way we react to physical
pain, perceived fairness activates ...
Procedural Justice: How?
• Three major factors produce higher perceived
fairness if present and lower perceived
fairness i...
How to Improve Perceived Fairness
• Voice:
– Opportunity to present
one’s views and evidence
– Not direct control over
dec...
Procedural Fairness and Training
• Sometimes procedural justice involves formal
elements of process, but all three element...
Evaluating Perceived Fairness
• Surveys and interviews.
• Randomized experiments are of course the
most useful designs. Th...
Closing Remarks
• Strong scientific literature on the psychology of inclusion and
perceived fairness.
• Positive reactions...
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Procedural justice: Inclusive process for inclusive growth, E. Allan Lind

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Presentation by E. Allan Lind, James L. Vincent Distinguished Professor of Leadership, Duke University, at the 6th Expert Meeting on Measuring Regulatory Performance: Evaluating Stakeholder Engagement in Regulatory Policy, Academic Speaker, The Hague, 16-18 June 2014. Further information is available at http://www.oecd.org/gov/regulatory-policy/

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Procedural justice: Inclusive process for inclusive growth, E. Allan Lind

  1. 1. Procedural Justice: Inclusive Process for Inclusive Growth E. Allan Lind 1
  2. 2. The Passport and the iPad 2
  3. 3. The Science of Inclusion and Exclusion • Forty years of research in psychology and cognitive neuroscience shows: – People have an economic, problem-solving brain…and a social, relationship- oriented brain; – The social brain plays the major role in how people react to inclusion and exclusion; – Perceptions of fair and unfair treatment are key indicators of inclusion and exclusion. 3
  4. 4. The Brain’s Reaction to Exclusion Eisenberger, Lieberman, & Williams, Science, 2003. 4
  5. 5. What Are Procedural Justice Judgments? • Judgments of how fairly one has been treated • What procedural justice judgments are not: – Not judgments about abstract fairness – Not ratings of immediate satisfaction – Not judgments about fairness of the outcome • Perceived fairness judgments in reaction to experiences with government are largely determined by the process encountered—hence, “procedural justice.” 5
  6. 6. Procedural Justice: Why? • Reason 1: Build trust in government; legitimacy and obedience to law. • Reason 2: Increase voluntary acceptance of and compliance with regulations and decisions. • Reason 3: Beneficence. 6
  7. 7. Reason 1: Build Trust and Legitimacy 2.5 2.7 2.9 3.1 3.3 3.5 3.7 3.9 4.1 4.3 Perceived Fairness of Process Legitimacy of Law Fairness and Legitimacy—Canberra RISE Experiment Procedural Justice Intervention Conventional Procedure Tyler, Sherman, Stang, Barnes, & Woods, Law & Soc Rev, 2007. 7
  8. 8. Reason 2: Compliance and Acceptance 8 1 2 3 4 5 Hearing Process Fair Hearing Process Unfair Willingness to Accept New Environmental Regulations See, JPSP, 2009. 0% 20% 40% 60% 80% 100% Hearing Process Fair Hearing Process Unfair % Accepting Hearing Officer's Decision Lind, Kulik, Ambrose, & Park, ASQ, 1993.
  9. 9. Reason 3: Beneficence • Just as we react to exclusion in same way we react to physical pain, perceived fairness activates the same brain centers as does material reward: 9 Tabibnia, Satpute, & Lieberman, Psy Science, 2008
  10. 10. Procedural Justice: How? • Three major factors produce higher perceived fairness if present and lower perceived fairness if absent: – “Voice” – Respectful and dignified treatment – Explanations and information 10
  11. 11. How to Improve Perceived Fairness • Voice: – Opportunity to present one’s views and evidence – Not direct control over decision or outcome – But there must be evidence of consideration • Respect and dignity • Explanations • Example: ‘Queensland Community Engagement Trial’ (QCET); Random Breath Testing 2.5 2.7 2.9 3.1 3.3 3.5 3.7 3.9 4.1 4.3 4.5 Experimental RBT Conventional RBT Perceived Procedural Fairness Perceived Procedural Fairness 11 Mazerolle, Bennett, Antrobus, & Eggins, J Exp Criminol, 2012.
  12. 12. Procedural Fairness and Training • Sometimes procedural justice involves formal elements of process, but all three elements of perceived procedural fairness depend on how processes are executed. • Thus, training is a key factor in enhancing the perceived fairness of regulatory design and administration experiences. • Note the attention given to training in the Dutch “Fair Tracks” program, and the very positive procedural fairness reactions produced. 12
  13. 13. Evaluating Perceived Fairness • Surveys and interviews. • Randomized experiments are of course the most useful designs. The training component offers the opportunity to use randomized roll- out and/or randomized “dosage” designs. • Constant monitoring is very useful to maintain quality of treatment. • Use process, perception, and outcome metrics to guide evaluations. 13
  14. 14. Closing Remarks • Strong scientific literature on the psychology of inclusion and perceived fairness. • Positive reactions to inclusion and negative reactions to exclusion are not just about material outcomes—inclusion and fairness concerns are built into the human brain. • Perceived procedural fairness promotes trust in government; compliance with decisions. • Procedural fairness can be enhanced by improving voice, respectful and dignified treatment, and explanations. • Careful and rigorous evaluation is critical, because so much depends on training and execution. 14

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