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Law's Legitimacy: Lon Fuller In A Consequentialist Frame, Daniel L. Feldman
Law's Legitimacy: Lon Fuller In A Consequentialist Frame, Daniel L. Feldman
Dissertations, Theses, and Capstone Projects
This thesis argues that Lon Fuller’s approach to jurisprudence offers more important support to the rule of law than has been generally recognized. It argues further that a consequentialist lens allows clearer views of Fuller’s strengths in this regard, despite Fuller’s own resistance to consequentialism and despite consequentialism’s blindness to some of Fuller’s depth and texture. This thesis supplies a formula, although one intended only as a guide to thinking, not for actual computation, to drive judicial decision-making. The inputs into this formula are six values widely shared in the United States, modified by case-by-case salience. Kantian deontology strongly influences …
Spheres Of Identity: Theorizing Social Categorization And The Legitimacy Of Criminal Justice Officials, Kwan-Lamar Blount-Hill
Spheres Of Identity: Theorizing Social Categorization And The Legitimacy Of Criminal Justice Officials, Kwan-Lamar Blount-Hill
Dissertations, Theses, and Capstone Projects
Identity is of central importance in the subjective experience of justice and assessments of legitimacy. In this study, the researcher explores whether perceptions of legitimacy are constructed differently across social group identity, particularly where social groups differ in relation to government (e.g., outgroup or ingroup). The analyses are conducted using data from a procedural justice study conducted in two U. S. cities. The findings suggest evidence of a generally similar construction of legitimacy though with important dissimilarities based on social group. Additionally, certain respondents’ narratives follow common narrative scripts in describing interactions with police, suggestive of a shared master narrative …
The Police And The State, Brandon Del Pozo
The Police And The State, Brandon Del Pozo
Dissertations, Theses, and Capstone Projects
This dissertation offers a systematic account of the relationship between the police and the democratic state. It describes the role of the police, the powers the police use to discharge the requirements of their role, and the means by which they should justify the exercise of their powers. I argue that the role of the police is to produce a type of substantive, practical justice, and that it involves the exercise of three powers: (1) to protect and rescue third parties from harm, (2) to collect people and evidence and present them to the magistrate for adjudication, and (3) to …
The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke
The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke
Dissertations, Theses, and Capstone Projects
As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights …
Calling Campus Police: A Test Of Procedural Justice And Unresponsive Bystander Models, Michael Francis Aiello
Calling Campus Police: A Test Of Procedural Justice And Unresponsive Bystander Models, Michael Francis Aiello
Dissertations, Theses, and Capstone Projects
This dissertation focuses on the phenomenon of campus crime reporting, specifically students’ self-reported likelihood of reporting a petty theft, aggravated assault, indecent exposure, or gun possession incident to the college public safety department, municipal police, and a member of the library staff. This project tests two different social psychology models that predict indirect bystander intervention, or a third party relying on another third party to assist someone in need. The survey vignette design involves experimental manipulation of several situational variables in line with the ‘unresponsive bystander’ model (Latané & Darley, 1970) and subsequent scholarship. The procedural justice model (Tyler & …