On Why Procedural Justice Matters in Court Hearings: Experimental Evidence that Behavioral Disinhibition Weakens the Association between Procedural Justice and Evaluations of Judges

16 Pages Posted: 23 Feb 2018

See all articles by Liesbeth Hulst

Liesbeth Hulst

VU University Amsterdam - Faculty of Law

Kees van den Bos

Utrecht University - Department of Social and Organizational Psychology; Utrecht University - Faculty of Law

Arno Akkermans

Amsterdam Law and Behavior Insitute (A-LAB); Amsterdam Centre for Comprehensive Law; Vrije Universiteit Amsterdam - Faculty of Law

Allan Lind

Duke University - Fuqua School of Business

Date Written: December 12, 2017

Abstract

Using two randomized controlled courtroom experiments on actual litigants at court hearings, we examine a thus far unexplored reason why perceived procedural justice can be strongly associated with litigants' trust in judges and legitimate power assigned to judges. We argue that because litigants try to make sense of what is happening at their hearings, they will tend to inhibit ongoing action in order to pause and check what is going on in the courtroom. During this state of behavioral inhibition, experiences of how fairly judges are treating them will have a sturdy impact on litigants’ reactions. This explanation implies that an experimental manipulation known to weaken behavioral inhibition should attenuate the positive association between perceived procedural justice and trust and legitimacy ratings. The results of both experiments support this line of reasoning. We discuss the implications for the understanding of the psychology of procedural justice and the robustness of priming effects in experimental social psychology.

Keywords: procedural justice, trust, legitimate power, court hearings, behavioral disinhibition priming

Suggested Citation

Hulst, Liesbeth and van den Bos, Kees and Akkermans, Arno and Lind, E. Allan, On Why Procedural Justice Matters in Court Hearings: Experimental Evidence that Behavioral Disinhibition Weakens the Association between Procedural Justice and Evaluations of Judges (December 12, 2017). Utrecht Law Review, Vol. 13, No. 3, p. 114-129, 2017, Available at SSRN: https://ssrn.com/abstract=3128263

Liesbeth Hulst (Contact Author)

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands

Kees Van den Bos

Utrecht University - Department of Social and Organizational Psychology ( email )

P.O. Box 80.140
3508 TC Utrecht
Netherlands
+31 30 253 3460 (Phone)
+31 30 253.7584 (Fax)

Utrecht University - Faculty of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

Arno Akkermans

Amsterdam Law and Behavior Insitute (A-LAB) ( email )

De Boelelaan 1105
Amsterdam, 1081HV
Netherlands

HOME PAGE: http://https://research.vu.nl/en/persons/arno-j-akkermans

Amsterdam Centre for Comprehensive Law ( email )

Faculty of Law, Initium Building
De Boelelaan 1077
Amsterdam, 1081HV
Netherlands

HOME PAGE: http://https://research.vu.nl/en/persons/arno-j-akkermans

Vrije Universiteit Amsterdam - Faculty of Law ( email )

Amsterdam, 1081 HV
Netherlands
+31205986286 (Phone)
+31205986280 (Fax)

HOME PAGE: http://https://research.vu.nl/en/persons/arno-j-akkermans

E. Allan Lind

Duke University - Fuqua School of Business ( email )

Box 90120
Durham, NC 27708-0120
United States

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