Hostname: page-component-77c89778f8-fv566 Total loading time: 0 Render date: 2024-07-22T02:24:03.675Z Has data issue: false hasContentIssue false

Cultural Context and the Impact of Traffic Safety Legislation: The Reception of Mandatory Seatbelt Laws in Yugoslavia and Illinois

Published online by Cambridge University Press:  01 July 2024

Abstract

In 1985, laws mandating the wearing of automobile seatbelts went into effect in Illinois and in Yugoslavia. Although the form of the legislation was similar in both jurisdictions, the public response to the laws was very different in the two societies. In Illinois, there was public opposition, a protracted legal challenge to the law, and minimal enforcement by the police. In Yugoslavia, there was no public or legal challenge to the law yet strict enforcement. Compliance, however, was much greater in America than in Yugoslavia. Since previous studies of the impact of seatbelt laws in the United States and in other countries had found patterns of compliance that were similar to those in Illinois, the Yugoslav situation is anomalous. This unexpected finding raises questions concerning the importance of cultural context on the effectiveness of seatbelt laws, on the basic views of law in the two societies, on problems in testing deterrence theory cross-culturally, and on the problems and benefits of comparative research on the impact of legislation.

Type
Research Article
Copyright
Copyright © 1989 The Law and Society Association.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

The data reported in this paper were gathered while I was engaged in other research on law in Yugoslavia, which was sponsored at various times by the Fulbright Program, the National Science Foundation Law and Social Science Program, the International Research and Exchanges Board (IREX), the American Council of Learned Societies, and the American Bar Foundation. The usual disclaimer of institutional agreement with the views expressed in this paper is particularly important in this case because the agencies did not explicitly fund this research.

I am grateful to Rich Scaglion, Candice Hoke, Shari Seidman Diamond, and two anonymous reviewers for the Law & Society Review for their comments on earlier versions of this paper, and to Stevan Lilic for his invaluable help.

References

References

CAMERON, M. H. (1981) “The Effect of Seat Belts on Minor and Severe Injuries Measured on the Abbreviated Injury Scale,” 13 Accident Analysis and Prevention 17.Google Scholar
GIBBS, Jack (1986) “Punishment and Deterrence: Theory, Research and Penal Policy,” in Lipson, L. and Wheeler, S. (eds.), Law and the Social Sciences. New York: Russell Sage Foundation.Google Scholar
HART, H.L.A. (1961) The Concept of Law. Oxford: Oxford University Press.Google Scholar
HAWTHORNE, Peter (1988) “A New Summer of Fatal Traction,” Time 47 (August 29).Google Scholar
HAYDEN, Robert (1986) “Popular Use of Yugoslav Labor Courts and the Contradiction of Social Courts,” 20 Law & Society Review 229.Google Scholar
HAYDEN, Robert M., and Jill K., ANDERSON (1979) “On the Evaluation of Procedural Systems in Laboratory Experiments: A Critique of Thibaut and Walker,” 3 Law and Human Behavior 21.Google Scholar
JONAH, B. A., and J. J., LAWSON (1984) “The Effectiveness of the Canadian Mandatory Seatbelt Use Laws,” 16 Accident Analysis and Prevention 433.Google Scholar
KIDDER, Robert (1983) Connecting Law and Society. Englewood Cliffs, NJ: Prentice-Hall.Google Scholar
LEGGE, JEROME (1987) “Reforming Public Safety: An Evaluation of the 1983 British Seat Belt Law,” 9 Law & Policy 17.Google Scholar
LUKIĆ, Radomir (1985) Uvod u Pravo. Beograd: Naucna Knjiga.Google Scholar
LUKIĆ, Radomir (1982) Sociologija Morala. Beograd: Naučna Knjiga.Google Scholar
MACAULAY, Stewart (1987) “Images of Law in Everyday Life: The Lessons of School, Entertainment, and Spectator Sports,” 21 Law & Society Review 185.Google Scholar
MARKOVITS, Inga (1982) “Law or Order—Constitutionalism and Legality in Eastern Europe,” 34 Stanford Law Review 513.Google Scholar
MARKOVITS, Inga (1978) “Socialist vs. Bourgeois Rights—An East-West German Comparison,” 45 University of Chicago Law Review 612.Google Scholar
MIHAILOVICH, Vasa D. (1988) “Aphorism in Contemporary Serbian Literature,” 47 Slavic Review 702.Google Scholar
NAROLL, Raoul (1962) Data Quality Control: A New Research Technique. New York: Free Press.Google Scholar
SABATIER, P., and D., MAZMANIAN (1980) “The Implementation of Public Policy: A Framework of Analysis,” 1 Policy Studies Journal 538.Google Scholar
SAID, Edward (1978) Orientalism. New York: Pantheon.Google Scholar
TOCQUEVILLE, Alexis de ([1840] 1945) Democracy in America, Vol. 1. New York: Vintage.Google Scholar
VAN, Jon (1985) “Seat-Belt Use Down in State, Study Finds,” Chicago Tribune (December 30).Google Scholar
WATSON, Roy (1986) “The Effectiveness of Increased Police Enforcement as a General Deterrent,” 20 Law & Society Review 293.Google Scholar

Cases Cited

Dudanas v. Plate, 3 Ill. Dec. 486 (1976).Google Scholar
People v. Fries, 42 Ill. 2d 446 (1969).CrossRefGoogle Scholar
People v. Kohrig, 113 Ill. 2d 384 (1986).Google Scholar

Statutes Cited

Ill. Ann. Stat. ch. 95, 1/2, § 12–603.1 (Smith-Hurd 1987).CrossRefGoogle Scholar
Pravilnik o dimenzijama, ukupnim masama i osovinskom opteročenju vozila i o osnovnim uslovima koje moraju da ispunjavaju uredjaji i oprema na vozila u saobračaju na putovima [Regulations concerning dimensions, gross weight, and axle load of vehicles and the basic conditions that installations and equipment on vehicles in traffic must fulfill], Službeni list SFRJ br. 50/82 [Official Gazette of Yugoslavia no. 50/82], Art. 65 (1977).Google Scholar
Zakon o osnovama bezbednosti saobračaja na putovima [Law on the fundamentals of safety of road traffic], Službeni list SFRJ br. 63/80 [Official Gazette of Yugoslavia no. 63/80], Art. 35 (1980).Google Scholar