By: Arto Arman, Andreas Beerli, Aljosha Henkel, Michel André Maréchal

We study how incarceration experience shapes preferences for criminal justice policies. In collaboration with a newly opened prison, we conducted a randomized field experiment that offered citizens the opportunity to experience up to two days of incarceration, closely replicating the real-life journey of inmates. Providing citizens with a chance to gain firsthand incarceration leads to a significant shift in punitive attitudes, with participants becoming less supportive of harsh criminal justice policies and donating more money to organizations advocating more moderate justice policies. Although individuals overestimated the wellbeing of actual prisoners, the intervention did not alter these beliefs. This suggests that the observed changes in policy preferences are driven more by personal experience than by revised beliefs about the burden of confinement. By randomizing institutional exposure outside the laboratory, our study highlights the causal role of personal experience in the formation of policy preferences.

By Gil Eyal and Zheng Fu   

What makes a law or regulation legitimate? This article develops a sociological approach that locates legitimacy not outside the law but in the work performed by a network of actors that cuts across the boundaries of the state. Drawing on Weber, Habermas, and Szelenyi, we suggest that legitimacy should be understood as the element that increases the probability of compliance with legal commands. We argue that this element cannot be a psychological “belief in legitimacy” but should be understood as work performed by the staff to construct and repair the discursive mechanisms that make legal commands defensible. We then draw on Actor-Network Theory to analyze this work as translation and offer two empirical examples: labor legislation in China and vaccine mandates in the United States. Throughout, we compare our approach with different lines of research in the law and society literature, noting where our conclusions converge and where they represent potential revisions to this literature.