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56 DePaul L. Rev. 661 (2006-2007)
Does the American Public Accept the Rule of Law - The Findings of Psychological Research on Deference to Authority

handle is hein.journals/deplr56 and id is 671 raw text is: DOES THE AMERICAN PUBLIC ACCEPT THE RULE OF LAW? THE FINDINGS OF PSYCHOLOGICAL RESEARCH ON DEFERENCE TO AUTHORITY Tom R. Tyler* INTRODUCTION This Article presents psychological research that explores the rea- sons that people have for accepting the legitimacy of legal authorities and deferring to their decisions. The findings of this research suggest that Americans generally accept the principles underlying the rule of law and defer to legal authorities when they believe that the authori- ties are acting in accord with those principles. I will consider three principles associated with the rule of law: rule-based decisionmaking, respect for rights, and respect for persons. This research indicates that each aspect of the three elements of the rule of law strongly influences individual judgments about, and reac- tions to, decisions made by judges and police officers. First, when le- gal authorities act according to the principles of the rule of law, they are viewed as just and trustworthy; this favorable view encourages deference to their decisions. Second, when authorities act in accord with the rule of law, they facilitate a general deference to the law in people's everyday lives. Finally, people prefer having third-party au- thorities regulate and manage conflicts that arise within public and private arenas, as long as they perceive those authorities to be acting in accord with the principles of the rule of law. Based on these findings, this Article argues that the public contin- ues to support the ideas underlying the rule of law. There are no signs that trust and confidence in these principles are declining. However, the results of public opinion polls suggest that many Americans be- lieve that legal authorities do not actually act in accord with these ideas. In particular, there are signs of low levels of trust and confi- dence in legal authorities. Although they support the principles of the * Tom R. Tyler is a University Professor at New York University. He teaches in the psychol- ogy department and the law school. His research explores the dynamics of authority in groups, organizations, and societies. In particular, he examines how judgments about the justice or injus- tice of group procedures shape legitimacy, compliance, and cooperation.

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