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Norms, normativity and the legitimacy of justice institutions: international perspectives

Jackson, Jonathan (2018) Norms, normativity and the legitimacy of justice institutions: international perspectives. LSE Law, Society and Economy Working Papers (1/2018). London School of Economics and Political Science, Department of Law, London, UK.

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Identification Number: 10.2139/ssrn.3129737

Abstract

This article reviews the international evidence on the nature, sources and consequences of police and legal legitimacy. In brief, I find that procedural justice is the strongest predictor of police legitimacy in most countries, although normative judgements about fair process may – in some contexts – be crowded out by public concerns about police effectiveness and corruption, the scale of the crime problem, and the association of the police with a historically oppressive and underperforming state. Legitimacy tends to be linked to people’s willingness to cooperate with the police, with only a small number of national exceptions, and there is fair amount of evidence that people who say they feel a moral duty to obey the law also tend to report complying with the law in the past or intending to comply with the law in the future. The main argument is, however, that international enthusiasm for testing procedural justice theory is outpacing methodological rigor and theoretical clarity. On the one hand, the lack of attention to methodological equivalence is holding back the development of a properly comparative cross-national analysis. On the other hand, the literature would benefit from (a) greater delineation between legitimation and legitimacy, (b) stronger differentiation between police and legal legitimacy, and (c) more attention given to isolating the mechanisms through which legitimacy motivates cooperation and compliance.

Item Type: Monograph (Working Paper)
Official URL: http://www.lse.ac.uk/collections/law/wps/index.htm
Additional Information: © 2018 The Author
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 19 Apr 2018 11:22
Last Modified: 20 Nov 2019 05:06
URI: http://eprints.lse.ac.uk/id/eprint/87538

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