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Managing dissonance: Bureaucratic justice and public procurement

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  • Richard Craven

Abstract

This article puts forward an analytical framework for understanding administrative justice. It does so by reading a leading approach, Jerry Mashaw's administrative justice models, in conjunction with the pragmatic sociology of Luc Boltanski and Laurent Thévenot, and their orders of worth framework. This provides an enhanced framework, which, while remaining consistent with Mashaw, offers additional insights and is particularly suitable for analyzing decisionmaking environments in the modern contracting state. The article illustrates the workings of the new framework by looking at a controversy under UK and EU law concerning the inclusion of labor objectives in public procurement. The discussion reveals a decisionmaking environment characterized by system dissonance. Actors must navigate different sets of tensions and tradeoffs between competing normative and ethical visions for procurement decisionmaking.

Suggested Citation

  • Richard Craven, 2023. "Managing dissonance: Bureaucratic justice and public procurement," Regulation & Governance, John Wiley & Sons, vol. 17(1), pages 215-233, January.
    • Handle: RePEc:wly:reggov:v:17:y:2023:i:1:p:215-233
    DOI: 10.1111/rego.12444
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    References listed on IDEAS

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    1. Steve Kelman, 1990. "Procurement and Public Management," Books, American Enterprise Institute, number 53122, September.
    2. Chen, Daniel L. & Moskowitz, Tobias J. & Shue, Kelly, 2016. "Decision-Making Under the Gambler’s Fallacy: Evidence From Asylum Courts, Loan Officers, and Baseball Umpires," IAST Working Papers 16-43, Institute for Advanced Study in Toulouse (IAST).
    3. Daniel L. Chen & Tobias J. Moskowitz & Kelly Shue, 2016. "Decision Making Under the Gambler’s Fallacy: Evidence from Asylum Judges, Loan Officers, and Baseball Umpires," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 131(3), pages 1181-1242.
    4. LeRoy, Stephen F & Singell, Larry D, Jr, 1987. "Knight on Risk and Uncertainty," Journal of Political Economy, University of Chicago Press, vol. 95(2), pages 394-406, April.
    5. Harvey Gordon & Shane Rimmer & Sue Arrowsmith, 1998. "The Economic Impact of the European Union Regime on Public Procurement: Lessons for the WTO," The World Economy, Wiley Blackwell, vol. 21(2), pages 159-187, March.
    6. Mathew Johnson & Aristea Koukiadaki & Damian Grimshaw, 2019. "The Living Wage in the UK: testing the limits of soft regulation?," Transfer: European Review of Labour and Research, , vol. 25(3), pages 319-333, August.
    7. Jean-Jacques Laffont & Jean Tirole, 1993. "A Theory of Incentives in Procurement and Regulation," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262121743, December.
    8. Kees Gelderman & Paul Ghijsen & Jordie Schoonen, 2010. "Explaining Non‐Compliance with European Union Procurement Directives: A Multidisciplinary Perspective," Journal of Common Market Studies, Wiley Blackwell, vol. 48(2), pages 243-264, March.
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