Thought styles on administrative justice systems

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Arvind, T.T. and Halliday, Simon and Stirton, Lindsay; Cowan, Sharon and Halliday, Simon, eds. (2024) Thought styles on administrative justice systems. In: Socio-Legal Generation. Palgrave Socio-Legal Studies . Palgrave Macmillan Cham, Cham, pp. 99-118. ISBN 9783031672446 (https://doi.org/10.1007/978-3-031-67244-6_6)

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Abstract

This chapter reviews Mike Adler’s contribution to administrative justice theory, re-assessing his own critique and extension of Jerry Mashaw’s seminal work, Bureaucratic Justice. We offer an interpretation of Adler’s contribution which is sometimes overlooked by his critics: that he sought to move the agenda on from a narrower focus on frontline administrative decision-making to a broader consideration of administrative justice systems, including modes of redress. We also seek to build on Adler’s contribution. Drawing on Mary Douglas’ grid-group cultural theory, we offer a high-level ‘map’ of thought styles around administrative justice systems—four distinctive ways in which participants in systems of administrative justice—whether users, operators or designers—frame the legitimacy of the system rationality that underpins it. We observe that, while Adler’s work can be read as drawing attention to two families of thought styles, two others remain unexamined. The styles of administrative justice identified by Adler align along what Mary Douglas calls the ‘positive diagonal’. The contribution of this chapter, on the other hand, is to draw attention to the neglected ‘negative diagonal’ of thought styles which are—in different ways—critical of the more familiar legitimacy claims of administrative justice systems.

ORCID iDs

Arvind, T.T., Halliday, Simon ORCID logoORCID: https://orcid.org/0000-0001-5107-6783 and Stirton, Lindsay; Cowan, Sharon and Halliday, Simon
  • Item type:Book Section
    ID code:90801
    Dates:
    Date
    Event
    29 September 2024
    Published
    28 September 2024
    Published Online
    Notes:Copyright © 2024 Springer-Verlag. This version of the chapter has been accepted for publication, after peer review (when applicable) and is subject to Springer Nature’s AM terms of use, but is not the Version of Record and does not reflect post-acceptance improvements, or any corrections. The Version of Record is available online at https://doi.org/10.1007/978-3-031-67244-6_6
    Subjects:Law > Law (General)
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:09 Oct 2024 14:26
    Last modified:11 Nov 2024 15:36
    URI:https://strathprints.strath.ac.uk/id/eprint/90801
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