NCJ Number
43579
Journal
Law and Society Review Volume: 11 Issue: 3 Dated: (WINTER 1977) Pages: 427-488
Date Published
1977
Length
62 pages
Annotation
SURVEYS OF PUBLIC ATTITUDES TOWARD THE POLICE, LAWYERS, COURTS, CRIME, PUNISHMENT, AND CIVIL LIBERTIES ARE REVIEWED IN AN ANALYSIS OF THE CONTRIBUTIONS OF EMPIRICAL RESEARCH TO THE UNDERSTANDING OF LEGAL CULTURE.
Abstract
THE ANALYSIS FOCUSES ON THE MAJOR INSTITUTIONS INVOLVED IN ADMINISTERING THE LAW, THE POLICY ISSUES RAISED BY THEIR ACTIVITIES, AND THE RELATIONSHIP BETWEEN THE CITIZEN AND THE LEGAL SYSTEM WITH REGARD TO MOBILIZING THE LAW AND COMPLYING WITH THE LAW. IT IS POINTED OUT THAT, TO THE EXTENT THAT MOST SURVEYS DO NOT ADDRESS THE ACTUAL PROCESS OF THINKING ABOUT LAW AND THE LEGAL SYSTEM, THEIR CONTRIBUTION TO AN UNDERSTANDING OF LEGAL CULTURE IS LIMITED, PARTICULARY WITH REGARD TO THE RELATIONSHIP BETWEEN LEGAL INSTITUTIONS AND INDIVIDUAL ATTITUDES AND BEHAVIOR. IN A DESCRIPTIVE SENSE, HOWEVER, SURVEY RESEARCH HAS PROVIDED SOME INSIGHTS. AMERICANS APPEAR TO ENDORSE THE IDEALS OF EQUAL TREATMENT AND TO BE HIGHLY CRITICAL OF THE LEGAL SYSTEM'S PERCEIVED FAILURE TO PROVIDE EQUAL TREATMENT. A 'DETACHED COMMITMENT,' SUPPORTIVE OF OBEDIENCE TO THE LAW AND ALLEGIANCE TO THE LEGAL SYSTEM, BUT TEMPERED BY A REFUSAL TO BE BOUND BY EITHER, IS FOUND IN MANY SURVEY SUBJECTS. RELATIVELY FEW RESPONDENTS ARE LEGALLY COMPETENT OR DISPOSED TO USE THE LAW ASSERTIVELY. SUBJECTS TEND TO BE READY TO PARTICIPATE IN THE LEGAL SYSTEM, BUT IN A RELUCTANT, DEFENSIVE WAY. A TABULAR SUMMARY OF MAJOR ATTITUDINAL STUDIES AND LIST OF REFERENCES ARE PROVIDED.