A large body of research supports the procedural justice hypothesis that quality of treatment matters more than outcomes for institutional legitimacy. How fairness matters across legal institutions and geographic settings remains an open question, however. This article uses a survey of criminal defendants to test the factors associated with perceived legitimacy of courts in Poland, a country whose judiciary is currently subject to intense political contestation. The findings confirm the primacy of procedural justice, while also illustrating the influence of instrumental performance factors such as time and court organization. This suggests that in contexts of political transition with disputed legal institutions, citizens' contact with procedurally fair, operationally efficient institutions can support the legitimacy of authorities and strengthen the rule of law. After the sentence, someone always loses and is unhappy. Sometimes, indeed, both parties are unhappy, because even those who won did not win as much as they wanted.
The procedural justice thesis that quality of treatment matters more than outcomes in people’s perception of institutional legitimacy is supported by a large body of research. But studies also suggest that distributive justice and the effectiveness of authorities are more important in certain legal settings (civil courts) and national contexts (posttransition societies). This study tests these ideas through a survey of 192 civil litigants in Poland, a postcommunist country where the national judiciary has recently been subject to intense political scrutiny. Our findings support the generalizability of procedural justice, and especially voice, but also demonstrate the significance of outcomes and legal cynicism. We also discuss prior court contact, role (plaintiff versus defendants), and representation (presence of counsel) as potential moderators on litigants’ perceptions of court legitimacy.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.