Trust and legitimacy across Europe: a FIDUCIA report on comparative public attitudes towards legal authority

FIDUCIA (New European Crimes and Trust-based Policy) seeks to shed light on a number of distinctively ‘new European’ criminal behaviours which have emerged in the last decade as a consequence of both technology developments and the increased mobility of populations across Europe. A key objective of FIDUCIA is to propose and proof a ‘trust-based’ policy model in relation to emerging forms of criminality – to explore the idea that public trust and institutional legitimacy are important for the social regulation of the trafficking of human beings, the trafficking of goods, the criminalisation of migration and ethnic minorities, and cybercrimes. In this paper we detail levels of trust and legitimacy in the 26 countries, drawing on data from Round 5 of the European Social Survey. We also conduct a sensitivity analysis that investigates the effect of a lack of measurement equivalence on national estimates

Trust in justice and the legitimacy of legal authorities: topline findings from a European comparative study

Issues of public trust in justice and institutional legitimacy are becoming increasingly salient in debate about criminal justice across Europe. Legitimate authority can be defined as having three interlinked elements: (a) legality (acting according to the law); (b) shared values (values that are shared by those with authority and those subject to that authority); and (c) consent (the sense amongst the policed of a moral obligation to obey the authority). According to this definition, legitimacy is present not only when individuals recognise the authority of institutions and feel a corresponding duty of deference to them (consent); it is also present when individuals believe that justice institutions have a proper moral purpose (shared values), and that justice institutions follow their own rules as well as the rules that govern everyone in society (legality). With this definition in mind, we analyse in this chapter data from the fifth European Social Survey on relationships between public trust in justice institutions and public perceptions of the legitimacy of these institutions

SSR and post-conflict Reconstruction: armed wing of state-building?\ud

This paper directly challenges some of the popular Security Sector Reform (SSR) mythology that has grown around the UK’s involvement in Sierra Leone and the subsequent policy developments associated with SSR. It raises questions about the underlying political assumptions of the SSR process and contemporary SSR material, much of which lacks analysis of underlying theories of SSR relating to broader state-building and construction of a liberal peace. \ud \ud Using a case taken from the reconstruction of Sierra Leone, this paper outlines some of the key issues emerging after ten years of reconstruction efforts. Sierra Leone is usually over-cited, but given its importance to any orthodoxy that may be said to exist, it is relevant here. Fundamentally, Sierra Leone remains a relatively small state in West Africa and the fact a viable state remains elusive, challenges assumptions about time taken in reconstructing socio-political norms and structures, and also questions state-building as a post-conflict approach. \ud \ud This paper will argue that SSR in Sierra Leone was never a developed strategy but came to represent a series of policies that evolved on the ground largely as the result of the interaction of individuals and groups engaged in those early decisions, sometimes against the wishes of Whitehall, but always sharing a “direction of travel.” This is an important point in terms of how SSR policy was actually developed and also how approaches come to be seen as being far smoother and well planned with hindsight, but also in terms of how policy-makers and academics can learn about social, governance and security processes. \u

Impossible protest: noborders in Calais

Since the closure of the Red Cross refugee reception centre in Sangatte, undocumented migrants in Calais hoping to cross the border to Britain have been forced to take refuge in a number of squatted migrant camps, locally known by all as ‘the jungles.’ Unauthorised shanty-like residences built by the migrants themselves, living conditions in the camps are very poor. In June 2009, European ‘noborder’ activists set up a week-long protest camp in the area with the intention of confronting the authorities over their treatment of undocumented migrants. In this article, we analyse the June 2009 noborder camp as an instance of ‘immigrant protest.’ Drawing on ethnographic materials and Jacques Rancière's work on politics and aesthetics, we construct a typology of forms of border control through which to analyse the different ways in which the politics of the noborder camp were staged, performed and policed. Developing a critique of policing practices which threatened to make immigrant protest ‘impossible’, we highlight moments of protest which, through the affirmation of an ‘axiomatic’ equality, disrupted and disarticulated the borders between citizens and non-citizens, the political and non-political

Norms, normativity and the legitimacy of justice institutions: international perspectives

This article reviews the international evidence on the nature, sources and consequences of police and legal legitimacy. In brief, I find that procedural justice is the strongest predictor of police legitimacy in most countries, although normative judgements about fair process may – in some contexts – be crowded out by public concerns about police effectiveness and corruption, the scale of the crime problem, and the association of the police with a historically oppressive and underperforming state. Legitimacy tends to be linked to people’s willingness to cooperate with the police, with only a small number of national exceptions, and there is fair amount of evidence that people who say they feel a moral duty to obey the law also tend to report complying with the law in the past or intending to comply with the law in the future. The main argument is, however, that international enthusiasm for testing procedural justice theory is outpacing methodological rigor and theoretical clarity. On the one hand, the lack of attention to methodological equivalence is holding back the development of a properly comparative cross-national analysis. On the other hand, the literature would benefit from (a) greater delineation between legitimation and legitimacy, (b) stronger differentiation between police and legal legitimacy, and (c) more attention given to isolating the mechanisms through which legitimacy motivates cooperation and compliance

SYNALLAGMA AND FREEDOM OF CONTRACT - The Concept of Reciprocity and Fairness in Contracts from the Historical and Law and Economics Perspective

The problem of commutative justice has been widely analysed by the contemporary doctrine of civil law. Simultaneously there is a profound debate about the meaning of commutative justice and equivalence in exchange within the sphere of moral philosophy. All these issues seem to concern the problem of interdependence between parties. Such interdependence is called synallagma or the principle of synallagma. In this paper I would like to present the concept of synallagma in civil law and in philosophy of law. Since the dispute in both disciplines seems to be unresolved and inconclusive, I would like to present the two economic theories concerning synallagma as the strategic interaction between agents. The most appropriate tool to be implemented seems to be the game theory. In conclusion I would like to address the question whether substantial and objective equivalence in contracts is possible or under which conditions it is meaningful.

Demography and the tragedy of the commons

Individual success in group-structured populations has two components. First, an individual gains by outcompeting its neighbors for local resources. Second, an individual's share of group success must be weighted by the total productivity of the group. The essence of sociality arises from the tension between selfish gains against neighbors and the associated loss that selfishness imposes by degrading the efficiency of the group. Without some force to modulate selfishness, the natural tendencies of self interest typically degrade group performance to the detriment of all. This is the tragedy of the commons. Kin selection provides the most widely discussed way in which the tragedy is overcome in biology. Kin selection arises from behavioral associations within groups caused either by genetical kinship or by other processes that correlate the behaviors of group members. Here, I emphasize demography as a second factor that may also modulate the tragedy of the commons and favor cooperative integration of groups. Each act of selfishness or cooperation in a group often influences group survival and fecundity over many subsequent generations. For example, a cooperative act early in the growth cycle of a colony may enhance the future size and survival of the colony. This time-dependent benefit can greatly increase the degree of cooperation favored by natural selection, providing another way in which to overcome the tragedy of the commons and enhance the integration of group behavior. I conclude that analyses of sociality must account for both the behavioral associations of kin selection theory and the demographic consequences of life history theory