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Studying American Legal Culture: An Assessment of Survey Evidence

Published online by Cambridge University Press:  01 July 2024

Austin Sarat
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Abstract

This paper argues that American legal culture, specifically the complex of public attitudes toward our major legal institutions and values, is truly democratic. The most persistent, although often unexplained, theme in that complex of attitudes is the demand for equal treatment. Americans endorse the ideals of equal treatment and believe that the most glaring defect of the present legal system is its failure to provide such treatment. Yet, as de Tocqueville noted, our ideas of equality are often incomplete; the demand for equal treatment appears to be a demand for equality between oneself and those now accorded preferential treatment rather than a demand that those less favored be treated as well as oneself. Evidence in support of the argument is gathered from survey studies of public attitudes toward the police, lawyers, and courts as well as of their attitudes toward crime, punishment, and civil liberties.

Type
Research Article
Information
Law & Society Review , Volume 11 , Issue 3 , Winter 1977 , pp. 427 - 488
Copyright
Copyright © 1977 The Law and Society Association

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Footnotes

For their encouragement and help I would like to thank Professors Richard Abel, Larry Baum, Marc Galanter, Sheldon Goldman, Joel Grossman, and Stanton Wheeler. Financial assistance was provided by an Amherst College Faculty Research Grant.

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