Authority, Anxiety, and Procedural Justice: Moving from Scientific Detachment to Critical Engagement

A review essay on a book by Tom R. Tyler Why People Obey the Law (New Haven, CT: Yale U Press, 1990 [see listing in IRPS No. 72]). Although rich & detailed, Tyler's book on law-abidingness & the complexities of legal authority is alternately complacent with questions of normativity &...

Full description

Saved in:
Bibliographic Details
Published in:Law & society review 1993, Vol.27 (3), p.647-671
Main Author: Sarat, Austin
Format: Review
Language:English
Subjects:
Anxiety
Authority
Criminal Justice Policy
Criticism
Justice
Law
Legal Profession
Legitimacy
Review Essay
Social Control
United States of America
Citations: Items that this one cites
Items that cite this one
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:A review essay on a book by Tom R. Tyler Why People Obey the Law (New Haven, CT: Yale U Press, 1990 [see listing in IRPS No. 72]). Although rich & detailed, Tyler's book on law-abidingness & the complexities of legal authority is alternately complacent with questions of normativity & anxiously insistent on a neutral positivist detachment form his subject matter. As Tyler articulates liberal legalism's notion of legitimacy, he takes a narrow reading of procedural justice, ignoring processes of the legitimation of laws. Apparently unconcerned with the moral significance of law obedience, he also does not address racism factors in the US justice system. His understanding of normativity is flat, arguing instead for an instrumental compliance with the law. He does not mention critical legal studies, which would balance his presentation & highlight hegemonic elements in the cultural consensus on procedural justice. 61 References. J. Sadler
ISSN:0023-9216
1540-5893
DOI:10.2307/3054110