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Understandings of Justice: Institutional Legitimacy, Procedural Justice, and Political Tolerance

Published online by Cambridge University Press:  01 July 2024

James L. Gibson
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Abstract

This research examines the linkages among institutional legitimacy, perceptions of procedural justice, and voluntary compliance with unpopular institutional decisions within the context of political intolerance and repression. Several questions are addressed, including: To what degree do judicial decisions contribute to the acceptance of unpopular political decisions? Do court decisions have a greater power to legitimize than the decisions of other political institutions? Are courts perceived as more procedurally fair than other political institutions? Do perceptions of procedural fairness—be it in a court or legislative institution—contribute to the efficacy of institutional decisions? The basic hypothesis of this research is that to the extent that an institution employs fair decisionmaking procedures, it is viewed as legitimate and citizens are more likely to comply with its decisions, even when they are unpopular. Based on an analysis of national survey data, I conclude that, although perceptions of institutional procedure have little impact on compliance, institutional legitimacy does seem to have some effect. The United States Supreme Court in particular seems to have some ability to elicit acceptance of public policies that are unpopular with the mass public. This effect is greatest among opinion leaders. I conclude with some observations about how these findings fit with the growing literature on procedural justice and with some thoughts about the implications of the findings for the protection of democratic liberty.

Type
Research Article
Information
Law & Society Review , Volume 23 , Issue 3 , 1989 , pp. 469 - 496
Copyright
Copyright © 1989 The Law and Society Association

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Footnotes

This article is a revised version of a paper delivered at the 1988 Annual Meeting of the Law and Society Association. It is based on research funded by the National Science Foundation (SES Grant No. 86-06642). I am deeply indebted to Felice Levine at the Foundation for support for the project. A number of colleagues have contributed significantly to the development of the research, including Jonathan Casper, James Davis, Jennifer Hochschild, Stanley Presser, Lee Sigelman, Paul M. Sniderman, John L. Sullivan, and Tom Tyler. James P. Wenzel and Peter J. Van Koppen have made useful comments on draft versions of this paper. I am also indebted to the National Opinion Research Center — and especially to Dick Rubin — for their excellent execution of the survey. James P. Wenzel, Bernadette McKinney, Steven Shamberger, and Marilyn Yale provided quite helpful research assistance. This paper also makes use of General Social Survey data, made available to me through the Inter-University Consortium for Political and Social Research. Kathleen McGraw, Walter Murphy, and Tom Tyler provided most helpful comments on an earlier version of this article. I am also thankful for the extremely thorough and thoughtful reviews provided by the referees.

References

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Cases Cited

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