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Legal Socialization: Coercion versus Consent in an Era of Mistrust

Legal Socialization: Coercion versus Consent in an Era of Mistrust Legal socialization is the process whereby people develop their relationship with the law via the acquisition of law-related values, attitudes, and reasoning capacities. Research on legal socialization distinguishes between two different orientations toward the law: coercive and consensual. Coercive orientations are rooted in the use of force and punishment, ultimately leading to an instrumentally focused relationship built on dominance. Consensual orientations are rooted in the acquisition of values encompassing concerns over treatment, decision making, and boundaries. When authorities embody these values, they promote trust and legitimacy and foster a relationship built on shared values and the voluntary acceptance of legal authority. Despite these findings, the appropriateness of a consensual over a coercive approach is heavily contested across legal and nonlegal contexts. However, research consistently demonstrates that socializing supportive values and encouraging favorable attitudes not only motivates compliance with the law but promotes voluntary deference and willing cooperation with legal authorities. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Annual Review of Law and Social Science Annual Reviews

Legal Socialization: Coercion versus Consent in an Era of Mistrust

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Publisher
Annual Reviews
Copyright
Copyright © 2016 by Annual Reviews. All rights reserved
ISSN
1550-3585
eISSN
1550-3631
DOI
10.1146/annurev-lawsocsci-110615-085141
Publisher site
See Article on Publisher Site

Abstract

Legal socialization is the process whereby people develop their relationship with the law via the acquisition of law-related values, attitudes, and reasoning capacities. Research on legal socialization distinguishes between two different orientations toward the law: coercive and consensual. Coercive orientations are rooted in the use of force and punishment, ultimately leading to an instrumentally focused relationship built on dominance. Consensual orientations are rooted in the acquisition of values encompassing concerns over treatment, decision making, and boundaries. When authorities embody these values, they promote trust and legitimacy and foster a relationship built on shared values and the voluntary acceptance of legal authority. Despite these findings, the appropriateness of a consensual over a coercive approach is heavily contested across legal and nonlegal contexts. However, research consistently demonstrates that socializing supportive values and encouraging favorable attitudes not only motivates compliance with the law but promotes voluntary deference and willing cooperation with legal authorities.

Journal

Annual Review of Law and Social ScienceAnnual Reviews

Published: Oct 27, 2016

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