Kong, Camillia and Jacobson, Jessica and Cooper, Penny (2025) The humanising imperative for effective participation: Humean virtues and the limits of procedural justice. International Journal of Law in Context , ISSN 1744-5523.
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Abstract
Procedural justice considerations have long justified both the instrumental and intrinsic value of effective participation amongst court users, where ideals of impartiality, dignity, and fairness remain preeminent. However, recent developments in socio-legal research as well as legal policy and practice point to an inchoate normative reframing of the law beyond procedural justice grounds, based on what we call the humanising imperative for effective participation. We utilise the philosophy of Hume to elucidate its distinctive features, namely the significance of partiality and the virtues of humanity. The paper further explores the putative enactment of the humanising imperative in three court settings in England and Wales – the Court of Protection, criminal courts, and inquests –which indicates the precarity of this orientation in relation to procedural justice principles.
Metadata
| Item Type: | Article |
|---|---|
| School: | Birkbeck Faculties and Schools > Faculty of Humanities and Social Sciences > School of Social Sciences |
| Research Centres and Institutes: | Crime & Justice Policy Research, Institute for |
| Depositing User: | Jessica Jacobson |
| Date Deposited: | 23 Apr 2025 12:32 |
| Last Modified: | 16 Sep 2025 13:04 |
| URI: | https://eprints.bbk.ac.uk/id/eprint/54892 |
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