Obeying the Law in America: Procedural Justice and the Sense of Fairness

• NCJ Number: 191379
• Journal: Issues of Democracy Volume: 6 Issue: 1 Dated: July 2001 Pages: 16-21
• Author(s): Tom Tyler
• Date Published: July 2001
• Length: 6 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Downloaded October 26, 2001.

Annotation

This paper examines the motivations of Americans in bringing their behavior in compliance with the law.

Abstract

Studies show that the motivation underlying daily compliance with the law is not typically the fear of punishment for ignoring or defying the law that is the basis of deterrence models. Rather, people's primary motivations for obeying the law are found to be ethical. Two ethical motivations are key antecedents of compliance: legitimacy and morality. Legitimacy refers to the belief that an authority is entitled to be obeyed. Americans typically express high levels of such perceived obligations to obey the police and the courts. Personal morality as the basis for compliance with the law involves the degree to which people perceive that the law accords with their own beliefs and perceptions about what is right and wrong. Although some studies suggest that the threat or use of sanctions also influences law-related behavior to some extent, the magnitude of that influence is usually found to be small. This finding suggests that when a sizeable segment of the public perceives that particular laws lack legitimacy and a moral basis, the threat of punishment will not be sufficient to gain compliance. The consequences of low legitimacy are illustrated by the impact of the lack of trust and confidence in the police and courts widely found among minority citizens. This low legitimacy leads not only to greater law-breaking behavior among minorities, but to a general unwillingness among members of the minority community to work with the police to deal with crime-related problems. Prominent examples of the problems created when the law diverges from public morality include the effort to make drinking alcoholic beverages illegal (Prohibition) and ongoing efforts to enforce laws against prostitution and gambling. Further, when people feel they are being treated fairly by those who enforce and administer the law, they are more likely to comply with the legal regimen. This suggests that procedural fairness may be an especially valuable mechanism through which to find solutions to disputes that cross group boundaries.