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The paradox of justice in divided settings

Research output: Journal Publications › Journal Article (refereed) › peer-review

Abstract

Increasing polarization across many contexts raises the question of whether justice measures exacerbate or mitigate social divisions. To develop hypotheses about how justice operates in divided contexts, this article draws on theoretical perspectives from the interdisciplinary field of transitional justice. It examines convergence and divergence in fairness evaluations using a fully randomized conjoint experiment. The experiment was embedded in nationally stratified online surveys in Japan (n = 2,700) and South Korea (n = 3,000). The bilateral setting provided a useful research site for a study of a divided context: contested colonial legacies and a variety of justice measures for addressing the past, which were suitable for experimental manipulation. The results show that most justice measures elicit opposing responses in the two countries while simultaneously reducing differences between them. This reveals a paradox of justice: even divisive justice measures can, under certain conditions, bring groups closer together. This framework enables to classify the effects of justice measures into convergent, divergent, and paradoxical configurations and to consider the theoretical and empirical implications for existing and future experimental research on social conflict and divided societies across disciplines.
Original languageEnglish
Number of pages27
JournalLaw and Society Review
Early online date16 Sept 2026
DOIs
Publication statusE-pub ahead of print - 16 Sept 2026

Bibliographical note

The author thanks P. C. Tam, H. Kim, S. Lim, I. Kasahara, and J. David for their
assistance and Cross-Country Research Japan and Gallup Korea for data collection services. The author also thanks three anonymous referees for their insightful comments, which strengthened the article and clarified its main contribution. All datasets are available for review.

Publisher Copyright:
© The Author(s), 2026. Published by Cambridge University Press on behalf of Law and Society Association.

Funding

The research project by PI: R. David, CIs: Y. L. Yeung and J. W. Park, titled “Historical Justice and Reconciliation: Dealing with Japan’s Occupation in Korea,” received GRF Award (No. 13643) from the Research Grants Council of Hong Kong

Keywords

  • conjoint experiment
  • divided contexts
  • divisive justice measures
  • fairness evaluations
  • Japan-South Korea
  • transitional justice
  • Japan–South Korea

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