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The American legal system is experiencing a period of extreme stress, if not crisis, as it seems to be losing its legitimacy with at least some segments of its constituency. Nowhere is this legitimacy deficit more apparent than in a portion of the African American community in the U.S., as incidents of police killing black suspects - whether legally justified or not - have become almost routine. However, this legitimacy deficit has largely been documented through anecdotal evidence and a steady drumbeat of journalistic reports, not rigorous scientific research. This book offers an all-inclusive account of how and why African Americans differ in their willingness to ascribe legitimacy to legal institutions, as well as in their willingness to accept the policy decisions those institutions promulgate.
Based on two nationally-representative samples of African Americans, this book ties together four dominant theories of public opinion: Legitimacy Theory, Social Identity Theory, theories of adulthood political socialization and learning through experience, and information processing theories. The findings reveal a gaping chasm in legal legitimacy between black and white Americans. More importantly, black people themselves differ in their perceptions of legal legitimacy. Group identities and experiences with legal authorities play a crucial role in shaping whether and how black people extend legitimacy to the legal institutions that so much affect them.
This book is one of the most comprehensive analyses produced to date of legal legitimacy within the American black community, with many surprising and counter-intuitive results.
List of contents
- Preface and Acknowledgements
- List of Figures and Tables
- Chapter One: The Legal System and its African American Constituents
- Chapter Two: Inter-Racial Differences in the Legitimacy of the U.S. Supreme Court
- Chapter Three: Group Identities and Experiences with Legal Authorities
- Chapter Four: Have Ferguson, et al., Contaminated Black Support for Legal Institutions?
- Chapter Five: Symbols of Justice or of Social Control? Legal Authority and the Views of African Americans
- Chapter Six: Change in the Legitimacy of the U.S. Supreme Court
- Chapter Seven: Questions: Answered and Unanswered
- Appendix A: The Survey of African Americans
- References
- Index
About the author
James L. Gibson is the Sidney W. Souers Professor of Government in the Department of Political Science at Washington University in St. Louis. He is also Professor Extraordinary in Political Science, and Fellow, Centre for Comparative and International Politics, Stellenbosch University (South Africa). Gibson's research interests are in law and politics, comparative politics, and american politics. In 2011, Gibson received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association.
Michael J. Nelson is Jeffrey L. Hyde and Sharon D. Hyde and Political Science Board of Visitors Early Career Professor in Political Science and Affiliate Law Faculty at Pennsylvania State University. He studies public support for the legal system and how judicial elections affect the development of the law.
Summary
A crisis of legitimacy exists between African Americans and American legal institutions. This book shows how and why African Americans differ in a desire to ascribe legitimacy to legal institutions, as well as a willingness to accept the policy decisions those institutions put forward.