How Do the Courts Create Popular Legitimacy?: The Role of Establishing the Truth, Punishing Justly, and/or Acting through Just Procedures

43 Pages Posted: 19 Feb 2014 Last revised: 12 Sep 2014

See all articles by Tom Tyler

Tom Tyler

Yale University - Law School

Justin Sevier

Florida State University - College of Law

Date Written: February 16, 2014

Abstract

This article reports the findings from an original survey examining the relationship between two important functions of the legal system -- establishing truth and providing justice -- and the public's perceptions of the legitimacy of legal decision makers.

The results suggest that establishing the truth of the matter in a legal proceeding is a distinct psychological goal from attaining justice from the legal decision maker. Instead, these concepts have parallel influences on the public's perceptions of the decision maker's legitimacy. Implications for the legal system are discussed.

Note: This article is forthcoming in Volume 77 of the Albany Law Review as part of its symposium on miscarriages of justice.

Suggested Citation

Tyler, Tom and Sevier, Justin, How Do the Courts Create Popular Legitimacy?: The Role of Establishing the Truth, Punishing Justly, and/or Acting through Just Procedures (February 16, 2014). Tom Tyler & Justin Sevier, How Do the Courts Create Popular Legitimacy?: The Role of Establishing the Truth, Punishing Justly, and/or Acting Through Just Procedures, 77 ALB. L. REV __ (2014)., Available at SSRN: https://ssrn.com/abstract=2396945

Tom Tyler

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Justin Sevier (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States

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