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The Neutralization of Severe Penalties: Some Traffic Law Studies

Published online by Cambridge University Press:  01 July 2024

H. Laurence Ross
H. Laurence Ross*
Affiliation:
University of Denver
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Extract

Between the formal law of statute books and appellate courts and the informal law of routine dispositions intervene a variety of actors, exemplified by policemen and insurance adjusters, some of whom have not traditionally been regarded as “legal” actors. However, one of the most important contributions of sociology to the understanding of law has been the demonstration that the attitudes and values of these actors and the pressures embodied in their roles produce a comprehensible divergence between the prescriptions of the formal law and the regularities exhibited in the informal law (Skolnick, 1966; Ross, 1970). This paper discusses some instances of discrepancy between the formal and informal law when formal penalties are suddenly and greatly increased. Its principal hypothesis is that sharp increases in formal penalties tend to be subverted by contrary adjustments in the behavior of those who apply the law. The data to be presented come from four of my studies on the effectiveness of changing traffic laws. As these studies were not designed to test the present hypothesis, their evidence is indirect, and the presentation is exploratory rather than demonstrative.

Type
Research Article
Information
Law & Society Review , Volume 10 , Issue 3 , Spring 1976 , pp. 403 - 413
Copyright
Copyright © 1976 The Law and Society Association.

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References

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