In Search of Legitimacy: Toward An Empirical Analysis |
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| Authors: | CRAIG A McEWEN RICHARD J MAIMAN |
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| Institution: | Associate Professor of Sociology and Assistant Dean of the Faculty at Bowdoin College. His research interests include juvenile corrections, tax compliance, and mediation in civil courts. His recent collaborative work with Richard Maiman has been published in the Maine Law Review, Policy Studies Journal, and Law &Society Review;Professor of Political Science at the University of Southern Maine where he teaches courses in the Law School and Public Policy Program as well as in the undergraduate curriculum. His research interests include juvenile courts, civil liberties and constitutional law, and mediation in civil courts |
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| Abstract: | Legitimacy is a much used concept in the social sciences. However, the absence of precise operational meaning has prompted questions about its utility as an explanation of compliance with social norms. Most recently, Alan Hyde has argued that legitimacy cannot be disentangled from other explanations of compliance such as coercion and self-interest and should, therefore, be abandoned. However, institutional, attitudinal, and behavioral dimensions of legitimacy can be operationalized. As part of our research on small claims courts we examined variations in institutional processes and legitimacy, gathered data on levels of voluntary compliance, and questioned defendants about their reasons for paying claims against them. We conclude that institutional legitimacy is related to voluntary compliance, and that the "language of obligation" is an important part of normal discourse. Operational meanings for legitimacy are available and empirical research about legitimacy should be a prominent part of the social science research agenda. |
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