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Legitimacy, Trust, And Compliance: An Empirical Test Of Procedural Justice Theory Using The European Social Survey

Mike Hough, Jonathan Jackson and Ben Bradford

in Legitimacy and Criminal Justice

Published in print November 2013 | ISBN: 9780198701996
Published online January 2014 | e-ISBN: 9780191772887 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198701996.003.0017
Legitimacy, Trust, And Compliance: An Empirical Test Of Procedural Justice Theory Using The European Social Survey

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This chapter presents findings from a large-scale empirical test of procedural justice theory, which we (and colleagues) designed using the fifth European Social Survey. The chapter first of all locates concerns about institutional legitimacy within a broader framework of ‘compliance theories’. It then sets out its definitional stall in an attempt to clarify what is meant by the ‘slippery’ concept of legitimacy and how the term is used in different contexts. Then, in testing various hypotheses on procedural justice, the chapter employs a tripartite definition of empirical (i.e. perceived) legitimacy. The chapter defines empirical legitimacy as the recognition and justification of the right to exercise power and influence, with influence mostly of the normative (rather than instrumental) variety, and importantly our tripartite notions of consent, moral alignment and legality accord with some well-established social psychological mechanisms of identification and internalisation.

Keywords: legitimacy; procedural justice; moral alignment; compliance

Chapter.  9919 words.  Illustrated.

Subjects: Criminal Law ; Jurisprudence and Philosophy of Law

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