Procedural Justice, Legitimacy, and the Effective Rule of Law

Процедурная справедливость, легитимность и эффективное верховенство права
Tom R. Tyler
2003-01-01

legal legitimacypolice practicesprocedural justicepublic trustrule of law
Legal authorities gain when they receive deference and cooperation from the public. Considerable evidence suggests that the key factor shaping public behavior is the fairness of the processes legal authorities use when dealing with members of the public. This reaction occurs both during personal experiences with legal authorities and when community residents are making general evaluations of the law and of legal authorities. The strength and breadth of this influence suggests the value of an approach to regulation based upon sensitivity to public concerns about fairness in the exercise of legal authority. Such an approach leads to a number of suggestions about valuable police practices, as well as helping explain why improvements in the objective performance of the police and courts have not led to higher levels of public trust and confidence in those institutions.
1
Improved objective performance by police and courts does not necessarily increase public trust when procedural fairness concerns remain unresolved.
2
Procedural fairness influences public reactions both through personal interactions with legal authorities and through broader community evaluations of law and legal institutions.
3
Public deference and cooperation with legal authorities are strongly shaped by perceived fairness in the procedures used by those authorities.
4
Regulatory approaches that address public concerns about fairness can strengthen legitimacy and promote more effective rule of law.

Legal authorities and their procedures in interactions with the public

the effects of procedural fairness on public deference, cooperation, legitimacy, trust, and confidence in legal authorities

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2003-01-01
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Tom R. Tyler
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