Why People Turn to Institutions They Detest: Institutional Mistrust and Justice System Engagement in Uneven Democratic States. (January 2022)

• Record Type: Journal Article
• Authors: Hilbink, Lisa; Salas, Valentina; Gallagher, Janice K.; Restrepo Sanín, Juliana
• Is Part Of: Comparative political studies. Volume 55:Number 1(2022)
• Page Start: 3
• Page End: 31
• Publication Date: 2022-01
• Subjects: law and society -- trust -- social capital -- qualitative methods -- quality of democracy -- Latin American politics; Political science -- Periodicals; 320.05
• DOI: 10.1177/00104140211024299
• Languages: English
• ISSNs: 0010-4140

Abstract

Does political mistrust lead to institutional disengagement? Much work in political science holds that trust matters for political participation, including recourse to the justice system. Scholars of judicial institutions, relying largely on survey research, argue that low trust decreases legal compliance and cooperation, threatening the rule of law. Legal consciousness and mobilization scholars, meanwhile, suggest that trust does not drive justice system engagement. However, their single-case study approach makes assessing the wider implications of their findings difficult. Based on an innovative comparative focus-group study in two uneven democratic states, Chile and Colombia, we show that trust is not the primary factor driving justice system engagement. Rather, people's engagement decisions are shaped by their expectations and aspirations for their political system and by their politically constructed capacities for legal agency. Our study offers insights of relevance for analysts of various forms of political participation in uneven democratic states across the globe.