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Predicting the Behavior of Law: A Test of Two Models

Published online by Cambridge University Press:  02 July 2024

Martha A. Myers
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Abstract

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Since its introduction, Black's (1976) theory of law has generated controversy (e.g., Eder, 1977; Stinchcombe, 1977), but few empirical evaluations. The most recent test (Gottfredson and Hindelang, 1979a) identified a number of empirical inadequacies and posited an alternative model to correct them. This paper assesses both Black's and Gottfredson-Hindelang's models of law, choosing as the arena of evaluation criminal law and its behavior. Analysis of data from a sample of criminal defendants identifies empirical inadequacies in both theories and raises questions about their validity, predictive power, and generality. The paper concludes with a discussion of the implications of these findings for the substance and underlying assumptions of both theories of law.

Type
Research Article
Information
Law & Society Review , Volume 14 , Issue 4 , Summer 1980 , pp. 835 - 857
Copyright
Copyright © 1981 The Law and Society Association

Footnotes

*

This paper benefitted from discussions with E.M. Beck, Herbert M. Kritzer, Barry Schwartz, and Susette Talarico. I am grateful to Marion County law enforcement and court personnel for their permission and assistance in collecting these data.

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