ABSTRACT

The habit of procedural justice serves as a vital protection against moral anarchy and the misery and mutilations of war. But as I suggested at the close of the previous chapter, by itself it is a very fl imsy protection. Amid deep confl icts of aspiration, when tensions and hostilities run high, the request to ‘hear the other side’ seems likely to fall on deaf ears. In order to understand how preventive justice can survive such confl icts, I argued that we need to understand something of the institutional cultures within which the principle of audi alteram partem is necessarily embodied. And we need to understand something of the habits, aside from justice, that help to sustain those cultures.