Legitimacy (criminal Law)
In law, "legitimacy" is distinguished from "legality" (see also color of law). An action can be legal but not legitimate or vice versa it can be legitimate but not legal. Thomas Hilbink suggests that the power to compel obedience to the law, is derived from the power to sway public opinion, to the belief that the law and its agents are legitimate and deserving of this obedience. Where as Tyler says, 'Legitimacy is ...a psychological property of an authority, institution, or social arrangement, that leads those connected to it to believe that it is appropriate, proper, and just’ (Tyler, 2006b: 375). Thus viewed, the legal legitimacy is the belief that the law and agents of the law are rightful holders of authority; that they have the right to dictate appropriate behaviour and are entitled to be obeyed; and that laws should be obeyed, simply because, that is the right thing to do (Tyler, 2006a; Tyler, 2006b; cf. Easton, 1965). Development of legal legitimacy Peter Kropotkin s ...
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