Legitimacy and Procedural Justice

These flashcards cover key concepts related to legitimacy and procedural justice as discussed in the lecture notes.

What is legitimacy in the context of law?

Legitimacy is the belief that law and legal authorities have a rightful authority to dictate behavior.

Why is legitimacy important for law compliance?

Legitimacy provides a reservoir of loyalty for governments and institutions, leading to voluntary compliance rather than compliance based on fear.

How does legitimacy develop?

Legitimacy develops through people's judgments about fairness, morality, and respect, reinforced by interactions with legal authorities.

What happens when legitimacy erodes?

When legitimacy erodes, it leads to legal cynicism, where people perceive the system as corrupt or unjust.

What are the instrumental and normative perspectives on law compliance?

The instrumental perspective views compliance as self-interest driven, while the normative perspective sees compliance as grounded in morality and legitimacy.

What is the instrumental approach to compliance?

The instrumental approach assumes people calculate risks and rewards; compliance is based on fear of punishment.

What are the limitations of the instrumental approach?

It requires constant enforcement and ignores emotional and social dimensions of law.

What defines the normative approach to compliance?

People obey because they believe laws and authorities are morally appropriate and legitimate.

What is the difference between personal morality and legitimacy?

Personal morality is obeying because one believes the law is just, while legitimacy is obeying because one believes the authority is rightful.

What is procedural justice?

Procedural justice refers to the perceived fairness of the process by which decisions are made.

What factors contribute to perceptions of procedural justice?

People accept outcomes if they feel respected, perceive the decision-maker as neutral, and have the opportunity to express their views.

How does procedural justice affect police encounters?

Politeness, explanation, and listening in police encounters increase compliance more than coercion.

What emotional needs does fair treatment satisfy?

Fair treatment satisfies needs for respect, belonging, and safety.

What is the two-stage model of compliance according to Tyler?

Procedural fairness leads to perceived legitimacy, which then leads to compliance.

What happens when procedural justice fails?

Bias and disrespect destroy trust, leading to avoidance or defiance among the public.

How does procedural justice strengthen democratic legitimacy?

It promotes civic participation and cooperation, making citizens feel heard and reducing the need for force.