Perceived Justice and Legitimacy in Cross-Border Jurisdictional Conflicts: A Psycholegal Perspective

Abstract Book of the 10th International Academic Conference on Research in Social Sciences

Year: 2026

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Perceived Justice and Legitimacy in Cross-Border Jurisdictional Conflicts: A Psycholegal Perspective

Mihaela Rus

ABSTRACT:

The globalization of legal relations has significantly increased the frequency of cross-border disputes, intensifying the practical and psychological implications of jurisdiction and choice-of-law determinations. Traditionally treated as a technical domain of international private law, conflict of laws is rarely examined through a psychological lens. This article rethinks jurisdiction and choice of law as phenomena that also engage perceptions of fairness, legitimacy, and identity. Drawing on procedural justice theory, social identity theory, and uncertainty management frameworks, the study explores the cognitive and affective mechanisms shaping individuals’ responses to transnational adjudication.
The central research question guiding this analysis is: How do jurisdictional allocation and the application of foreign law influence litigants’ perceptions of justice, legitimacy, and trust in international legal proceedings? The article argues that jurisdiction is not solely a matter of legal competence but also of perceived authority and symbolic recognition. Similarly, the choice of law carries identity-based and cultural significance, as national legal systems are often associated with familiarity, normative security, and collective belonging. When disputes are adjudicated under foreign legal frameworks, individuals may experience reduced perceived control, increased uncertainty, and diminished confidence in judicial outcomes.
By integrating psycholegal insights into the theory of conflict of laws, the paper proposes a conceptual framework for understanding how fairness heuristics, cognitive bias, and national identification shape acceptance of cross-border judicial decisions. The study ultimately contends that sustainable harmonization in international legal contexts requires attention not only to doctrinal coherence but also to the psychological foundations of perceived justice and legitimacy.

Keywords: Jurisdiction; Choice of Law; Conflict of Laws; Perceived Justice; Procedural Justice; Legal Legitimacy; Legal Psychology; Cross-Border Disputes; Social Identity; Uncertainty Management