{"title":"Situating legal consciousness and legal compliance: how Dutch welfare clients think and act in relation to the law","authors":"MARC HERTOGH","doi":"10.1111/jols.12510","DOIUrl":null,"url":null,"abstract":"<p>How does legal consciousness matter for compliance? Thus far, this issue has been addressed by two bodies of literature that each focus on one side of the equation but do not speak to each other. Legal consciousness studies analyse how people understand the law but focus less on their compliance with the law. Conversely, most legitimacy studies focus on people's compliance with the law but do not analyse their perceptions of the law. This article draws on the findings from an online survey among Dutch welfare clients to empirically bridge both literatures. I look not only at clients’ own (first-order) legal consciousness, but also at their second-order legal consciousness: clients’ assessment of welfare officials’ beliefs about the law. I argue that the connection between legal consciousness and legal compliance is not a unitary phenomenon, but must be situated in relation to particular laws and social hierarchies.</p>","PeriodicalId":51544,"journal":{"name":"Journal of Law and Society","volume":"51 S1","pages":"S118-S135"},"PeriodicalIF":1.3000,"publicationDate":"2024-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jols.12510","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Law and Society","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jols.12510","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
How does legal consciousness matter for compliance? Thus far, this issue has been addressed by two bodies of literature that each focus on one side of the equation but do not speak to each other. Legal consciousness studies analyse how people understand the law but focus less on their compliance with the law. Conversely, most legitimacy studies focus on people's compliance with the law but do not analyse their perceptions of the law. This article draws on the findings from an online survey among Dutch welfare clients to empirically bridge both literatures. I look not only at clients’ own (first-order) legal consciousness, but also at their second-order legal consciousness: clients’ assessment of welfare officials’ beliefs about the law. I argue that the connection between legal consciousness and legal compliance is not a unitary phenomenon, but must be situated in relation to particular laws and social hierarchies.
期刊介绍：
Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.
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