Abstract

https://ssrn.com/abstract=2783799
 


 



Does Legitimacy Necessarily Tame Power? Some Ethical Issues in Translating Procedural Justice Principles into Justice Policy


Mike Hough


University of London - Institute for Criminal Policy Research

Ben Bradford


University of Oxford - Centre for Criminology

Jonathan Jackson


London School of Economics & Political Science - Department of Methodology

Paul Quinton


National Policing Improvement Agency

May 24, 2016

LSE Legal Studies Working Paper No. 13/2016

Abstract:     
This article examines some of the ethical dilemmas associated with research on procedural justice. Most of this research has involved surveys of the public, involving attitude measurement amongst random samples of adults. These tend not to give rise to the more common ethical dilemmas that criminological researchers encounter, to do with coerced consent and the preservation of anonymity and confidentiality. However, there are significant ethical issues in the application of this research to policy and practice. They relate largely to the risks in providing utilitarian justifications for the adoption of values, and in the use of low-visibility behavioural techniques to nudge people into compliance with the law. These ethical dilemmas offer ‘knowledge tools’ that could be misused in the pursuit of consent to authority – even if individual research subjects are not exposed to any harm in the research process. These – resolvable – dilemmas need to be surfaced and discussed.

Number of Pages in PDF File: 18

Keywords: Policing, Procedural Justice, Ethics, Compliance, Nudges

JEL Classification: K11


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Date posted: May 24, 2016 ; Last revised: August 6, 2016

Suggested Citation

Hough, Mike and Bradford, Ben and Jackson, Jonathan and Quinton, Paul, Does Legitimacy Necessarily Tame Power? Some Ethical Issues in Translating Procedural Justice Principles into Justice Policy (May 24, 2016). LSE Legal Studies Working Paper No. 13/2016. Available at SSRN: https://ssrn.com/abstract=2783799 or http://dx.doi.org/10.2139/ssrn.2783799

Contact Information

Mike Hough (Contact Author)
University of London - Institute for Criminal Policy Research ( email )
Strand
London, WC2B 2LS
United Kingdom
Ben Bradford
University of Oxford - Centre for Criminology ( email )
Manor Road Building
Manor Road
Oxford, OX1 3UQ
United Kingdom
Jonathan Jackson
London School of Economics & Political Science - Department of Methodology ( email )
Houghton Street
London, WC2A 2AE
United Kingdom
+0044-207-955-7652 (Phone)
Paul King Quinton
National Policing Improvement Agency ( email )
Fry Building
2 Marsham Street
London, SW1P 4DF
United Kingdom
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