外文翻譯--司法構(gòu)造：超越民事訴訟(文件)
【正文】 ts and various other frustrations. Greene explores the therapeutic and especially the counter therapeutic effects of litigation. Drawing on procedural justice theory, she argues both plaintiffs and defendants in tort litigation may gain some measure of satisfaction from being able to voice their side of the story and from being treated fairly 264 A. , K. Applequist and respectfully. On the other hand, the lengthy and often acrimonious process of litigation, which may stretch out for a considerable period of time and usually results at most in the exchange of moary pensation, often without the actual dispute being heard by the court, may actually have a countertherapeutic effect in terms of prolonging the suffering of both parties and worsening the physical and mental health and wellbeing of the injured party. It is for these reasons that Greene argues for adoption of a restorative justice approach to tort litigation, as its emphasis is upon speedy resolution to disputes and providing the parties an opportunity to talk through the injury and its impacts and explain their respective sides of the story. The hope is that by encouraging outofcourt resolution, the parties will find it more satisfying and allow them to move past the dispute or incident that led to the initial conflict. 翻譯： 司法構(gòu)造：超越民事訴訟 作者： Alan J. Tomkins /Kimberly Applequist 突出的正義理論，即，分配，程序，恢復(fù)性和報復(fù)性的正義。外文翻譯 原文： Constructs of Justice: Beyond Civil Litigation Of： Alan J. Tomkins and Kimberly Applequist Prominent justice theories, that is, distributive, procedural, restorative, and retributive , distributive justice is concerned primarily with the perceived fairness of the oute of a given proceeding, whether that proceeding is judicial, quasi judicial or entirely nonjudicial in nature. Procedural justice, in contrast, is concerned with whether the procedures used in a given process are considered fair by the participants, and is similarly not restricted to judicial settings. Restorative justice is concerned, as the name implies, with restoring an injured party to his or her preinjury state and helping the injuring party recognize and redress the injurious nature of his or her acts. Finally, retributive justice looks at the psychology of responding to harms that have been inflicted. Recent research indicates that retributive and restorative justice principles are, as with the distributive and procedural justice contexts, applicable outside the judicial context. Justice constructs as well as the numbers, their boundaries, etc. For purposes of this rely on the constructs of justice used by Tom Tyler, by far the most prolific and important of modern justice scholars, and his colleagues in their book, Social Justice in a Diverse Society. Constructs of Justice: Beyond Civil Litigation 259 distribution of resources among peting parties, while a needbased allocation might result in a previously disadvantaged party receiving a larger share of the resources, and an efficiencybased allocation might
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