Legal Socialization and the Elements of Legitimacy

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Juvenile Justice ◽  
Children And Adolescents ◽  
Use Of Force ◽  
Socialization Process ◽  
Legal Socialization ◽  
Rule Breaking ◽  
The Law ◽  
The Relationship ◽  
Do So

The chapters in Part I discuss the two basic models for understanding the relationship between people and law: coercive and consensual. The consensual model relies upon people’s willingness to obey laws because they think it is appropriate and proper to do so. The belief that law and legal authorities are legitimate and ought to be voluntarily obeyed develops during the childhood and adolescent socialization process. A coercive model of authority relies upon the use of force and credible threats of detection and punishment for rule-breaking to promote compliance. As children mature they move through three spheres of authority: family, school, and juvenile justice. In each sphere children and adolescents can develop the belief that the law is legitimate, and feel a duty to defer to law or they can come to view the law as coercive and comply out of fear of punishment.

scholarly journals TALKING ABOUT RAPE – AND WHY IT MATTERS: Adjudicating rape in the Western Cape High Court

2016 ◽  
Author(s):  
Stacy Moreland
Keyword(s):  
Criminal Law ◽  
Institutional Factors ◽  
Western Cape ◽  
Sexual Offences ◽  
High Court ◽  
The Law ◽  
The Relationship ◽  
Selection Of ◽  
Do So

This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.

Business Strategies and the Law: Three Types of Entrepreneurial Processes from a Legal History Perspective

2021 ◽  
Vol 66 (2) ◽  
pp. 161-189
Author(s):  
Louis Pahlow ◽  
Sebastian Teupe
Keyword(s):  
Economic History ◽  
Legal History ◽  
Historical Perspective ◽  
Business Strategies ◽  
Institutional Entrepreneurship ◽  
Organization Studies ◽  
Modern Capitalism ◽  
Rule Breaking ◽  
The Law ◽  
The Relationship

Abstract The relationship between business strategies and legal institutions is important for understanding the historical dynamics of modern capitalism. While legal history and economic history have remained distinct disciplines, a growing number of studies now populates a vibrant «borderland» between the two. Building on frameworks of legal history, organization studies, and «new entrepreneurial history», our contribution systematizes the relation of entrepreneurship and the law from a historical perspective of change. This paper explains how an analysis of this specific relation contributes to our understanding of economic change and addresses the question of synthesis and interdisciplinary connectivity by offering a conceptual triad that focuses on the problems of agency and change at the intersection of businesses and the law. This paper argues that economic actors have used, sought, and avoided laws to transform their legal and economic environments. Each of these interactions combined a distinct set of variables conceptualized as legal business creativity, legal-institutional entrepreneurship, and Schumpeterian rule-breaking.

Political Ideology and the Law Review Selection Process

2020 ◽  
Vol 22 (1) ◽  
pp. 211-240
Author(s):  
Adam Chilton ◽  
Jonathan Masur ◽  
Kyle Rozema
Keyword(s):  
Political Ideology ◽  
Selection Process ◽  
The Political ◽  
The Law ◽  
The Relationship ◽  
Share Of Articles ◽  
Do So

Abstract We investigate the role that political ideology plays in the selection process for articles in law reviews. To do so, we match data on the political ideology of student editors from 15 top law reviews from 1990 to 2005 to data on the political ideology of the authors of accepted articles. We find that law reviews with a higher share of conservative editors accept a higher share of articles written by conservative authors. We then investigate potential explanations for this pattern. One possibility is that editors have a preference for publishing articles written by authors that share their ideology. Another possibility is that editors are objectively better at assessing the contribution of articles written by authors that share their ideology. We find evidence that the latter explanation drives the relationship between editor and author ideology.

The Development of Legal Reasoning

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Moral Development ◽  
Social Order ◽  
Legal Reasoning ◽  
Developmental Model ◽  
Legal Authority ◽  
Legal Institutions ◽  
Legal Socialization ◽  
The Law ◽  
Legal Judgments ◽  
The Relationship

The cognitive developmental model of legal socialization is discussed in chapter 5. This approach emphasizes the development of legal reasoning and focuses on how such thinking shapes legal judgments about the purpose of laws, how legal authority should be used, and whether people should feel obligated to obey legal institutions. Basically, legal reasoning provides a framework to understand the nature of society and the requirements of social order, leading to judgments about the legitimacy of the law. Building on Kohlberg’s work in moral development, the legal reasoning perspective argues that people develop increasingly abstract and sophisticated models of the relationship between society and the law with respect to the position and duties of the law and the responsibilities and obligations of citizens. This provides a basis for understanding when to follow appropriate laws and when to violate laws viewed as unjust or unprincipled.

The strategic use of epistemological positions in a power-laden arena: anthropological expertise in asylum cases in the UK

2016 ◽  
Vol 12 (3) ◽  
pp. 253-271 ◽  
Author(s):  
Markus Virgil Hoehne
Keyword(s):  
Expert Witnesses ◽  
Ethical Standards ◽  
Epistemological Perspective ◽  
Objective Evidence ◽  
Power Differentials ◽  
The Law ◽  
The Uk ◽  
The Relationship ◽  
Do So

AbstractThis paper deals with social anthropologists serving as expert witnesses in asylum proceedings in the UK. It argues that it is not a fundamental epistemological divide, but rather massive power differentials that characterise the relationship between social anthropologists and legal practitioners in this context. Within a narrow framework provided by the law, which focuses on ‘true facts’ and ‘objective evidence’, social anthropologists have to position themselves, and they often must do so somewhere along a spectrum from positivist to post-positivist positions (regarding, for example, such concepts as ‘culture’ and ‘identity’). This, as well as their subordinate position in the context of the proceedings, sits uneasily with the professional, moral and ethical standards of their discipline. Engagement as an expert, therefore, comes with certain costs for social anthropologists that range from having to bend one's own epistemological perspective to the risk of being ‘demolished’ as an expert (and beyond) in sometimes implicitly politicised asylum decisions.

The Role and Relevance of the Draft Articles on the Law of Transboundary Aquifers in the European Context

2011 ◽  
Vol 8 (3) ◽  
pp. 231-251 ◽  
Author(s):  
A. Allan ◽  
M. Tignino ◽  
F. Loures
Keyword(s):  
Potential Role ◽  
Progressive Development ◽  
Un General Assembly ◽  
The Law ◽  
Sound Management ◽  
International Law Commission ◽  
The Relationship ◽  
Important Basis ◽  
Transboundary Aquifers ◽  
Do So

AbstractIn 2008, the UN International Law Commission adopted a set of 19 articles as a contribution to the codification and development of international groundwater law, and submitted them to the UN General Assembly. In view of the ILC's report, UNGA Resolution 63/124 takes note of the Draft Articles; commends them to the attention of governments; encourages States to apply and adjust the Draft Articles as a basis to negotiate specific aquifer agreements; and decides provisionally to examine the question of the final form that might be given to those articles at that body's 66 th Session. The Draft Articles offer an important basis for the progressive development of the law governing transboundary aquifers, in particular by acknowledging the complementary relationship between universal and regional or aquifer-specific legal instruments. In this context, the paper will assess the potential role and relevance of the Draft Articles' text, as it now stands, to guide European States in the sound management of the aquifers shared in the region. It will do so by comparing and evaluating the relationship between the Draft Articles and relevant European legal instruments, with particular focus on the issues of sustainability, planned measures, monitoring, emergencies, and the geographic scope of freshwater agreements. The analysis will show that, while these global and regional instruments can be mutually supportive, some important differences exist in the extent and content of the obligations under each of them.

Justice and Mercy: An Enigmatic Yet Crucial Relationship for the Application of Canon Law

2018 ◽  
Vol 20 (1) ◽  
pp. 51-58
Author(s):  
Thomas Schüller
Keyword(s):  
Canon Law ◽  
Equal Treatment ◽  
Legal Certainty ◽  
Pope John Paul Ii ◽  
Benedict Xvi ◽  
Central Characteristic ◽  
The Law ◽  
The Relationship ◽  
Justice And Mercy ◽  
Do So

Not a single day goes by without Pope Francis making charity and mercy – central characteristic traits of any Christian – the pivot of his sermons, exhortations and proclamations, formal and informal alike. The last holy year, concluding in November 2016, which explicitly featured the motto of mercy, offers a welcome opportunity for the canonist to contemplate the relationship between mercy and justice. Certainly, there is no lack of warning speeches and auguries against the oversimplification of the canonical norms through invoking a false understanding of an imperative of indefinite mercy. To do so would be to neglect the crucial and central commandment of justice, which ensures both legal certainty and an equal treatment of similar cases. The papal address given to the Tribunal of the Roman Rota in 2009 may serve as an eloquent example. In his address Benedict XVI emphasised the interrelation of love (caritas) and justice (iustitia), but at the same time explicitly cautioned against over-pastorally motivated charity as far as the application of the law is concerned: Charity without justice is not charity, but a counterfeit, because charity itself requires that objectivity which is typical of justice and which must not be confused with inhuman coldness. In this regard, as my Predecessor, Venerable Pope John Paul II, said in his Address on the relationship between pastoral care and the law: ‘The judge … must always guard against the risk of misplaced compassion, which could degenerate into sentimentality, itself pastoral only in appearance.’ There is sufficient reason, therefore, to consider once more how mercy and justice relate to one another.

scholarly journals ISSUES OF LEGAL SOCIALIZATION OF YOUTH

2020 ◽  
Vol 71 (3) ◽  
pp. 121-126
Author(s):  
M.O. Zhumagulov ◽  
Keyword(s):  
Social Institutions ◽  
Legal Order ◽  
Legal Knowledge ◽  
Legal Institutions ◽  
Legal Socialization ◽  
Knowledge And Beliefs ◽  
The Law ◽  
Relationship Of ◽  
The Relationship ◽  
Theoretical Issues

The author's comprehensive research on the problem of legal socialization is aimed at studying the theoretical issues of legal socialization, as well as the influence of social institutions on these processes, the relationship of legal socialization with the legitimacy of laws and statebodies. Legal socialization is a process by which people acquire legal knowledge and beliefs about the law, state bodies that are called to observe the legal order, and legal institutions.

Legal Socialization in the Family

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Juvenile Justice ◽  
Children And Adolescents ◽  
Justice System ◽  
Juvenile Justice System ◽  
Childhood And Adolescence ◽  
Legal Authority ◽  
Legal Socialization ◽  
The Family ◽  
Pass Through

The chapters in Part III take up the discussion of legal socialization across the spheres of childhood and adolescence. As they move through their early lives, children and adolescents pass through three spheres of authority: the family, the school, and the juvenile justice system. In each of these they can either experience coercive and consensual authority systems. Consensual systems promote the development of internal beliefs in the legitimacy of law and legal authority and because of such beliefs, encourage voluntary deference. Coercive systems lead to a risk orientation toward law, with people complying when the risk of being caught and punished is high.

Why Children Follow Rules

2017 ◽  
Author(s):  
Tom R. Tyler ◽  
Rick Trinkner
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Early Period ◽  
Review Of The Literature ◽  
Legal Socialization ◽  
Legal Scholarship ◽  
The Family ◽  
The Law ◽  
Ability And Willingness

Legal socialization is the process by which children and adolescents acquire their law-related values. Such values, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities and make legitimacy-based legal systems possible. In their absence people relate to the law as coercion and respond to rewards and punishments. By age eighteen a person’s orientation toward law is largely established, yet recent legal scholarship has largely ignored this early period in favor of studying adults and their relationship to the law. This volume focuses upon socialization and outlines what is known about legal socialization in the family, in schools, and through contacts with the juvenile justice system. Our review of the literature indicates that there are ways to socialize that build legitimacy. These are linked to three issues: how decisions are made, how people are treated, and whether authorities respect the boundaries of their authority. Despite evidence that legitimacy can be socialized, views about the best way to exercise authority are highly contested in America today in families, schools, and within the juvenile justice system. In each case pressures toward coercion are strong. This volume argues for the virtues of a consent-based approach and for utilizing socialization practices that promote such a model.

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