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Legal Obedience: A Dynamic Design, Not Just an Outcome

Author(s)

Chenming Zhao

Affiliation(s)

Hefei No.1 High School, Hefei, Anhui, China

Abstract

This paper treats compliance as an ongoing process affected by enforcement, punishment, and social trust, rather than as a mere consequence of existing laws. The paper critiques deterrence theory's failing, suggesting that punishment is frequently ineffective in curing impulsive or high-payoff crimes, and rehabilitation is hindered by recidivism due to social and structural factors. Problems in enforcement, such as laws not enforced and insufficient funds, can destabilize compliance by dampening the perceived authority of legal institutions. The paper indicates that creative strategies in enforcement, such as technological-based enforcement and community policing, alongside adaptive laws, hold the keys to the development of a compliance culture. With an equity-oriented, consistent, and societally aligned policy regime, legal institutions can engender compliance while exercising justice.

Keywords

Legal Obedience; Deterrence; Enforcement; Punishment; Recidivism

References

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