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Author: Jonathan Jackson Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article reviews the international evidence on the potential 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 of the countries under investigation, 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. There is also a fair amount of evidence that people who say they feel a moral duty to obey the law tend also 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 (the bases on which citizens judge the rightfulness of an institution) and legitimacy (the acceptance or rejection of the rightfulness of an institution and the normatively grounded duty to obey), ( b) stronger differentiation between police and legal legitimacy, and ( c) more attention given to isolating the mechanisms through which rightfulness and consent motivate cooperation and compliance.
Author: Jonathan Jackson Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article reviews the international evidence on the potential 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 of the countries under investigation, 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. There is also a fair amount of evidence that people who say they feel a moral duty to obey the law tend also 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 (the bases on which citizens judge the rightfulness of an institution) and legitimacy (the acceptance or rejection of the rightfulness of an institution and the normatively grounded duty to obey), ( b) stronger differentiation between police and legal legitimacy, and ( c) more attention given to isolating the mechanisms through which rightfulness and consent motivate cooperation and compliance.
Author: Professor Nina Persak Publisher: Ashgate Publishing, Ltd. ISBN: 1472426045 Category : Law Languages : en Pages : 209
Book Description
This interdisciplinary collection considers aspects of legitimacy and trust that have been neglected in previous studies. With contributions from across the EU, the book focuses on conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; on EU legal and policy aspects of the phenomenon; and on specific court-related issues of legitimacy and trust. The study highlights the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.
Author: Matthias Baier Publisher: Routledge ISBN: 1317054091 Category : Law Languages : en Pages : 377
Book Description
In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.
Author: Jürgen Habermas Publisher: John Wiley & Sons ISBN: 0745694268 Category : Philosophy Languages : en Pages : 637
Book Description
This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.
Author: Matthew Clayton Publisher: OUP Oxford ISBN: 0191533386 Category : Political Science Languages : en Pages : 224
Book Description
Issues concerning the upbringing of children are among the most contested in modern political debate. How should childrearing rights and resources be distributed between families? To what extent are parents morally permitted to shape the beliefs and desires of their children? At what age should children acquire adult rights, such as the right to vote? Justice and Legitimacy in Upbringing sets out a liberal conception of political morality that supports a set of answers to these questions which many liberals have been reluctant to accept. The central argument is that the ideals of justice and individual autonomy place significant constraints on both governments and parents. Clayton insists that while their interests should count directly in allocating childrearing rights, parents should exercise their rights in accordance with these liberal ideals. He argues that we owe our children a childhood that develops their sense of justice, but in which further attempts to enrol them into particular religious practices, for instance, are illegitimate. Justice and Legitimacy in Upbringing is a work of applied political philosophy that will be of interest to students of political theory, the philosophy of education, and social and public policy.
Author: Rainer Forst Publisher: Columbia University Press ISBN: 0231147082 Category : Law Languages : en Pages : 370
Book Description
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
Author: J. C. Barnes Publisher: John Wiley & Sons ISBN: 1119110726 Category : Social Science Languages : de Pages : 967
Book Description
The Encyclopedia of RESEARCH METHODS IN CRIMINOLOGY & CRIMINAL JUSTICE The most comprehensive reference work on research designs and methods in criminology and criminal justice This Encyclopedia of Research Methods in Criminology and Criminal Justice offers a comprehensive survey of research methodologies and statistical techniques that are popular in criminology and criminal justice systems across the globe. With contributions from leading scholars and practitioners in the field, it offers a clear insight into the techniques that are currently in use to answer the pressing questions in criminology and criminal justice. The Encyclopedia contains essential information from a diverse pool of authors about research designs grounded in both qualitative and quantitative approaches. It includes information on popular datasets and leading resources of government statistics. In addition, the contributors cover a wide range of topics such as: the most current research on the link between guns and crime, rational choice theory, and the use of technology like geospatial mapping as a crime reduction tool. This invaluable reference work: Offers a comprehensive survey of international research designs, methods, and statistical techniques Includes contributions from leading figures in the field Contains data on criminology and criminal justice from Cambridge to Chicago Presents information on capital punishment, domestic violence, crime science, and much more Helps us to better understand, explain, and prevent crime Written for undergraduate students, graduate students, and researchers, The Encyclopedia of Research Methods in Criminology and Criminal Justice is the first reference work of its kind to offer a comprehensive review of this important topic.
Author: Michael Blake Publisher: Oxford University Press, USA ISBN: 0199552002 Category : Philosophy Languages : en Pages : 146
Book Description
The book is an argument about the moral foundations of foreign policy. It argues that the traditional idea of liberal equality can be interpreted so as to give moral guidance to policy leaders in understanding what they ought to seek internationally.
Author: Miodrag A. Jovanović Publisher: Cambridge University Press ISBN: 1108473334 Category : Law Languages : en Pages : 287
Book Description
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
Author: Denise Meyerson Publisher: Routledge ISBN: 1000207668 Category : Law Languages : en Pages : 274
Book Description
This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.
Author: Jonathan Jackson
Author: Jonathan Jackson
Author: Professor Nina Persak
Author: Matthias Baier
Author: Jürgen Habermas
Author: Matthew Clayton
Author: Rainer Forst
Author: J. C. Barnes
Author: Michael Blake
Author: Miodrag A. Jovanović
Author: Denise Meyerson