LAW AND THE LEGITIMACY CRISIS - A CRITICAL ISSUE FOR CRIMINAL JUSTICE (FROM CRITICAL ISSUES IN CRIMINAL JUSTICE, 1979, BY R G IACOVETTA AND DAE H CHANG - SEE NCJ-63717)

• NCJ Number: 63737
• Author(s): D O FRIEDRICHS
• Date Published: 1979
• Length: 22 pages
• Corporate Author: Carolina Academic Press
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THIS PAPER EXAMINES WHAT IS MEANT BY LAW AND WHAT DETERMINES ORIENTATIONS TOWARDS LAW AND ORDER. USING WATERGATE AS AN EXAMPLE, IT STUDIES RESPONSES TO THE QUESTIONS OF LEGITIMACY BY CITIZENS AND THE STATES.

Abstract

IT ARGUES THAT THESE BASIC QUESTIONS OF CONCEPTION OF LAW AND LEGITIMACY CANNOT BE TAKEN FOR GRANTED EVEN WHEN SPECIFIC ASPECTS OF LAW ENFORCEMENT ARE BEING ADDRESSED. THE RESPONSES TO THE LEGITIMACY CRISIS AS EXEMPLIFIED BY WATERGATE ARE APATHETIC OR CYNICAL INDIFFERENCE, A REACTIONARY RESPONSE WHICH ENCOURAGES SELECTIVE AND INSTRUMENTAL SUPPORT FOR ENFORCEMENT OF LAWS AGAINST ANTISOCIAL AND REVOLUTIONARY VIOLATORS; AND REFORM AND PROSECUTION OR BLAME DIRECTED AT SOCIAL OR INDIVIDUAL MORALITY. THE QUESTION OF CHANGES IN PUBLIC ATTITUDE TOWARD LAW, THE SENSE OF OBLIGATION AND EXPECTATIONS OF THE LEGAL SYSTEM ALSO ARE CITED AS HAVING POSSIBLE EFFECTS ON THE LEGITIMACY OF THE LEGAL ORDER. FINALLY, THE ESSAY CONSIDERS THE POSITIVE RESPONSES THAT THE STATE CAN MAKE TO THE CONSEQUENCES OF THE LEGITIMACY CRISIS: POSITIVE EDUCATIONAL, REPRESSIVE, AND REFORMIST. EXAMPLES OF EACH ARE GIVEN. DISCUSSION QUESTIONS AND EXTENSIVE NOTES ARE INCLUDED. (RFC)