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Understanding barriers to victimization disclosure and how students view prevention can inform strategies to improve victim services and safety. We conducted eight focus groups with students at an HSI and found that participants: (1) felt the responsibility for prevention is shared among victims, offenders, and institutions; (2) highlighted that institutions are responsible for providing services regardless of whether an incident occurred on campus; (3) held complex views around the legitimacy of campus law enforcement; (4) emphasized transparency and sharing “success stories” to encourage formal reporting; and (5) vocalized concerns about disparate treatment across gender and race/ethnicity and stigma of victimization as a central reason for why victims may not report victimization. Implications for improving disclosure processes, university responses to victimization, and prevention are discussed. [ABSTRACT FROM AUTHOR]

In the last years, a theological turn had a pervasive influence in the reception of Carl Schmitt's writings. According to this view, his thought has a strong, substantial religious foundation. With regards to understanding not only Schmitt's position but also his current influence in authoritarian countries, this essay argues that this interpretation is misleading and proposes a different and comprehensive analysis of Schmitt's concept of political theology that replaces it in a political-legal framework. Against the theological reading, it argues that Schmitt's concept of "political theology" refers to his own conception of legal theory as an attempt to relegitimize authority in a secular context. As "political theology," this legal theory is designed to overcome normativism and parliamentarism by "substantializing" the legal form. Using Schmitt's post-1933 works as an example, the essay shows that, as theology translates faith into a written doctrine, legal theory must, according to Schmitt, substantialize the legal form by translating the political idea into jurisprudence. Hence, this article concludes that Schmitt's theory might be described as "political theology" but only in a formal, ideological sense. It is part of an authoritarian theory that is not religious but uses theology to revive an appearance of absolute legitimacy. [ABSTRACT FROM AUTHOR]

The EU has powerful enforcement mechanisms to curb democratic backsliding and support the rule of law in its member states. While (the threat of) enforcement is necessary, sanctions might be difficult to accept as legitimate when they hurt a citizen's country. We study the perceived legitimacy of EU enforcement actions. We develop hypotheses about the influence of national identity, party support, procedural fairness, descriptive norm prevalence, and the likely effects of the sanctions on the future of cooperation. These hypotheses are tested with a survey experiment administered to a nationally-representative sample in Poland. The focus is on the substantial financial sanctions imposed by the EU concerning judicial independence. The results show that exclusive national identity, the perceived importance of the rule of law, support for European integration and party support are strongly associated with perceived legitimacy. Providing information about the prevalence of public support for judicial independence in the country increases significantly the perceived legitimacy of enforcement actions. We find no evidence for effects of arguments about Polexit, future deterrence effects of the sanctions or their procedural (un)fairness. EU sanctions might not lead to further backlash among the domestic public, but they are unlikely to generate public pressure for reforms. [ABSTRACT FROM AUTHOR]

AbstractCan legal remedies act as a line of defence against dispossession? Although the legal system in Indonesia very rarely yields the outcomes that scholars and activists seem to prefer, “The Perils of Legal Formalism,” in addressing widespread conflicts caused by the expansion of oil palm plantations, argues that it can. Yet, the political economy of Indonesia’s “extractive regime” has long relied on violent and legal dispossession. A Poulantzian Marxist analysis of law provides firmer ground for understanding the ineffectiveness of law by itself in reforming society. Peterson, Bedner, and Berenschot’s (2025) puzzlement at the formalistic decisions of Indonesian judges and incompetence of plaintiff lawyers representing displaced communities reveals their individualist, law-centric approach and a reluctance to abandon the liberal myths of rule of law and autonomy of the legal system from “the rest” of society. Optimistic reformist efforts may offer the veneer of legitimacy in rule of law while actually strengthening the extractive regime and the power of dominant actors who benefit from it. Against such wishful thinking, a rare case of effective mobilisation in West Sumatra illustrates how legal action can only be impactful if deployed in combination with power built over time by collective actors. [ABSTRACT FROM AUTHOR]

Absenteeism is a frequent practice among university students. This paper analyses this phenomenon drawing on the concept of moral career: the experiences that students accumulate modify their logics and decisions regarding attendance. The research is based on qualitative work with in-depth interviews, triangular groups and focus groups with students from a faculty of social sciences in Spain. In relation to absenteeism, the moral career of students usually consists of three stages. The first is characterised by automatic attendance, idealisation of the university and the illegitimacy of absentee behaviour. In the second, transitional stage, growing boredom and increased study skills lead to systematic withdrawal from some classes. The very practice of absenteeism and its lack of consequences progressively normalise the behaviour. In the third stage, absenteeism is enunciated as a right and compulsory attendance as an illegitimate imposition by the teachers. Attendance at this point tends to be managed in a "grade-rational" way: students only attend when it is perceived as an efficient effort to obtain the desired grade. [ABSTRACT FROM AUTHOR]

Respecting and protecting human rights is one of the fundamental principles stipulated in the FIFA Charter. In the case of labour issues in Qatar, there is a legality issue with FIFA's participation in Qatar's human rights issues. FIFA has not clarified either its legal status or responsibilities in participating in human rights governance. FIFA claims that its involvement is based on the International Bill of Human Rights and the United Nations Guiding Principles on Business and Human Rights, but neither of these gives FIFA the right to directly intervene in the human rights affairs of other sovereign states. Therefore, it is necessary to review the legal insturments of the human rights sanctions imposed by FIFA in the Qatar case and deduce from various legal documents those activities in which FIFA is entitled to engage, and the role it had played and would play in human rights issues deduced from the FIFA's practice in Qatar. [ABSTRACT FROM AUTHOR]

Introduction: Social prescribing is a process of helping people to access non-medical activities to promote well-being. For occupational therapists, this is not new, although the social prescribing agenda is creating new roles around these approaches. This study aimed to explore how occupational therapists were involved in social prescribing in the United Kingdom and how they would like to contribute to future developments. Method: Semistructured interviews were carried out with 19 occupational therapists who identified they were involved in social prescribing activities. Findings: Thematic analysis led to two over-arching themes: (1) position and identity; and (2) making it work. Conclusion: Participants perceived similarity with social prescribing, leading to difficulty in positioning occupational therapy alongside this role, emotional responses and identity challenge. Points of distinction between the roles were articulated, including occupational therapy being more medical, having oversight of more complex needs and having more senior roles within teams. To manage workflow, occupational therapists delegate to social prescribing workers, although there is a lack of clarity about competence and varying involvement in supervision. Part of desired future involvement included clearer workflow, occupational therapy involvement in supervision and service development and creating legitimacy for both roles to address social determinants of health. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: In Iran, restrictive abortion laws have led to widespread unsafe abortions, posing significant health risks. The 2021 Family and Youth Protection Law further restricted access to reproductive health services in an effort to boost birth rates. The purpose of this qualitative study is to explore the reasons women sought abortions in an illegal context, based on their own experiences. Methods: This exploratory qualitative study involved in-depth interviews with 46 women in Kermanshah, Iran, between April and August 2024. All participants had experienced incomplete abortions after undergoing unsafe procedures. Data were analyzed using conventional content analysis and thematic analysis with MAXQDA 10 software to identify key themes in the women's experiences. To ensure the study's rigor, we applied Guba and Lincoln's criteria, including credibility, dependability, confirmability, and transferability. Results: Five main themes emerged from the interviews: economic hardship, pursuit of a prosperous life, unstable marital relationships, health and fertility issues, and cultural factors. Economic challenges, such as unemployment and lack of basic necessities, were the most frequently cited reasons for seeking unsafe abortions. Health issues, including unplanned pregnancies and fear of fetal anomalies, also played a significant role, alongside cultural stigmas related to age, illegitimacy, and gender preferences. Conclusion: This study sheds light on the multifaceted factors driving unsafe abortions in Iran following pronatalist policy changes. A holistic approach is recommended to address the interconnected economic, social, and cultural challenges that contribute to this issue. By implementing such comprehensive strategies, policymakers and stakeholders can work to reduce the prevalence of unsafe abortion practices and foster improved health and well-being for women. [ABSTRACT FROM AUTHOR]

This paper examines the complex web of international law and various theories that address its creation, evolution, and usage. This paper critically evaluates many theories to understand what state sovereignty entails, the role played by international institutions, and how compliance has been enforced. By scrutinizing these theories, this paper endeavors to reveal the epistemological structures that underpin the evolution of the science of international law, which may contribute to clarifying the topical discourse concerning the legitimacy, effectiveness, and malleability of the discipline in the context of modern global processes. Glass adventure is initiated by analyzing natural law theory to investigate the presence of universal norms that apply to all inhabitants of the world within the sphere of human relations. The paper then moves to positivist theories, focusing on the state's consent and formal sources of law as pillars of international legal duties. Moreover, the paper analyzes the realist, fictional, and functional theories of international law. This analysis aims to advance the knowledge of the theoretical underpinnings that influence the development of international law in the modern global environment. [ABSTRACT FROM AUTHOR]

Recent scholarship has cast welcome light on the political relevance of Hobbes's extensive treatment of theology and sacred history. Building on extant contributions, this article argues that God's historical founding of a Kingdom lends insights into well-known difficulties attaching to Hobbes's exposition of the Commonwealth by Institution. Although there are evident discrepancies between sacred history and man's natural estate, Abraham and Moses each faced political challenges that persist into the present. Acting as God's authorized representatives not only allowed them to assuage epistemic uncertainty, it enabled Moses to wield sovereign authority while preserving a claim to natural equality. I argue that Leviathan suggests this model of prophetic authority – conceived of as a particular kind of prudence – is key to meeting the challenges arising from the anthropological vulnerabilities of ignorance and fear. Hobbes's interest in the role of founding prophets also helps to explain Leviathan's novel inclusion of representation. This explication of prophetic authority reveals institution to be marked by a greater attention to legitimacy, epistemic authority, and divine sanction, and sheds light on the importance of sacred history for Hobbes's broader political project. [ABSTRACT FROM AUTHOR]

Corporate rules are often analysed without attending to the strengths and limitations of the body making, monitoring or implementing those rules. However, corporate rule-making and implementation bodies (RMIBs) over which policymakers have the most influence—legislatures, public regulatory agencies, stock exchanges, and private/professional bodies with a degree of self-regulatory autonomy—have an important bearing on the effectiveness of rules. This article advances a framework to understand how RMIBs influence the effectiveness of corporate rules by critically examining five core features of RMIBs: (a) their incentives for making and implementing the rules; (b) the nature and extent of regulatory competition; (c) available and relative resources; (d) rule-making speed and the certainty of their decisions; and (e) their legitimacy in the eyes of the regulated parties and relevant stakeholders. To illustrate the framework concretely, this article conducts case studies exploring how it matters who makes the rules on climate-related risks disclosure and in the UK's recently enacted Financial Services and Markets Act 2023. [ABSTRACT FROM AUTHOR]

In this chapter, Dewey's theory of law -- its nature, authority, and legitimacy -- is brought to the surface. It is argued that, from his entirely general pragmatist account of knowledge as seen through the lens of human inquiry, we find a promising theory not only of how we can make sense of getting things right in ethics but also in the law. Detours are taken to the work of James, Peirce, and Holmes, and, in the end, we find that Dewey builds on his pragmatist predecessors to offer a truly promising account and justification of the law as a series of provisional punctuation points in a democratic process of inquiry. [ABSTRACT FROM AUTHOR]

The EU Treaties contain no provision akin to the clause in the United States Constitution empowering spending in the 'general Welfare', i.e., for the general public good. Nonetheless, supporters of a broad reading of the cohesion flexibility clause, Article 175(3) TFEU, now claim that the EU, in effect, already has that power. The claim is inspired by that clause serving as the sole legal basis for the Recovery and Resilience Facility (RRF). This is the cornerstone of the NextGenerationEU (NGEU) Programme, the EU's massive borrowing and spending initiative that has directed a large amount of money to national priorities to address not just economic consequences of Covid but also longer-term issues of climate change, energy transition, and digitalization. This contribution critically assesses whether Article 175(3) TFEU can serve as the basis for general spending authority in the EU, particularly at the expense of its traditional role in regional development in Europe's economic periphery. The analysis draws on the historic purposes of cohesion policy, the existing case law on the limited scope of the cohesion flexibility clause, as well as legal opinions of the Council Legal Service on the same question. This contribution concludes that the crisis-driven reinterpretation of Article 175(3) TFEU not only undermines cohesion as developmental tool for the periphery, but it also raises serious concerns about democratic legitimacy and the rule of law at Europe's core. The EU may well need a general spending power, but the way to achieve it is not through institutional lawyers engaging in strained crisis reinterpretation outside of public scrutiny. Instead, what is needed is democratic politics pure and simple, i.e., Treaty change. [ABSTRACT FROM AUTHOR]

In this article, I take the organization of universal COVID testing as a point of departure for understanding the lived experiences of China's zero‐COVID policy and look at "the Community" (shequ) as a dynamic interface between the state and urban residents during the liminal time of a global pandemic. Drawing on Bryant and Knight's notion of "vernacular timespace" (2019), I analyze the timespace of zero‐COVID as a state‐regulated future orientation interwoven with collective anticipation of crisis, bureaucratic temporal governance, and contestations over time as a form of agency in everyday life. Instead of assuming a unitary form of present‐future relationship that was homogeneous and unchallenged, I argue that the collective anticipation of a public health crisis was constantly shaped, managed, and contested throughout the processes of pandemic community building. This research hopes to enrich reflections on the interplays of time, power, and legitimacy in post‐pandemic urban governance. [ABSTRACT FROM AUTHOR]

Attracting a sufficiently diverse number of participants for the success of firms' creative crowdsourcing is a critical and persistent issue. Our analysis of 40 in-depth interviews capturing crowd heterogeneity (ordinary consumers and creative professionals), highlights seven barriers to participation. For example, ordinary consumers highlight scepticism towards the firm's genuine willingness to concede power and perceived illegitimacy; professionals complain about governance unfairness and the lack of regulation. Grouping these barriers into three higher-order themes (crowd-, process- and context-related) creates a novel perspective that encompasses the empowerment-related concerns of heterogeneous crowds better than previous research. The analysis reveals both specific and common (higher purpose) levers that can alleviate these concerns, and it also questions the empowerment promise of creative crowdsourcing and has important implications for business and policymakers. [ABSTRACT FROM AUTHOR]

Purpose: This paper analyses the impact of the state of emergency declared during the Covid-19 pandemic on public administration, specifically focusing on the Czech Republic. It aims to understand the correlation between the rule of law, the legitimacy of measures taken during the pandemic, and the public's willingness to comply with these measures. Design/Methodology/Approach: The paper employs a comparative study design, examining the consistency of pandemic measures with the core principles of the rule of law - legality, proportionality, and legitimate expectations. The study focuses on measures that restrict rights (e.g., right to education) and those that, conversely, grant rights (e.g., decisions on compensation bonuses). The methodology involves an analysis of the relevant case law, administrative practice, and data from several databases. Findings: The study reveals frequent breaches of legality and proportionality, both in the restriction and granting of rights. Findings indicate that the public's willingness to comply with measures decreased when these were perceived as illegitimate. This was evident in the Czech Republic where, despite the persistence of most measures, the situation worsened during the autumn 2020 and spring 2021 waves of the pandemic. Practical Implications: The findings of this study have significant implications for public administration and policymaking, especially during times of crisis and declared state of emergency. The results highlight the importance of maintaining the rule of law and ensuring the legitimacy of public compliance measures. The study suggests that disregard for these principles can lead to a decline in public trust and cooperation, exacerbating the crisis. Originality/Value: This paper provides a unique perspective on the management of the Covid-19 pandemic, linking the rule of law with public compliance. It offers valuable insights for governments and policymakers on the importance of maintaining legality and proportionality in their measures, and the potential consequences of their disregard. What sets this study apart is its comprehensive analysis of both cases where rights were reduced (such as limitations of the right to education) and cases where rights were provided (such as the granting of compensation bonuses). This dual-focused approach offers a more holistic view of the impact of governmental measures during the pandemic. The study's findings contribute to the broader understanding of crisis management and the role of public administration. This comprehensive approach enhances the originality and value of the research, making it a significant contribution to the field. [ABSTRACT FROM AUTHOR]

Purpose: This study aims to focus on the legal status of the Financial Action Task Force (FATF) regulatory spread in spite of its limited membership in international law. This is conducted by examining the regime of the FATF with the normative regime of public international law and trying to identify common grounds and conflicts between the two. Design/methodology/approach: This study adopted an exploratory approach involving a thorough examination and analysis of accredited text, command papers and reports, archival materials, national obligations, websites as well as other documentary evidence. Findings: This research gives an empirical determinant of compliance behaviour in response to FATF regulatory standards and the interplay of international law. Research limitations/implications: The findings here are not exhaustive and could be approached from other perspectives. Researchers are therefore encouraged to engage by testing the findings further, as this is only a blueprint for further research. Practical implications: This study provides implications for the need to open up the current membership of the FATF, as it appears discriminatory in nature and could inhibit effective compliance with its regulatory standards. Social implications: FATF regulatory standards do not just revolve around its members and rule-takers but also affect unintended and vulnerable people who were never in contemplation when these regulations were debated without a global consensus. Originality/value: The main aim of this study is to advocate for a rethink of FATF's regulatory strategy by ensuring that its operations are more inclusive, where jurisdictions can participate as members, creating a sense of belonging and commitment in the fight against money laundering. [ABSTRACT FROM AUTHOR]

This paper examines the legitimation of antifeminist ideology within the manosphere, based on qualitative analysis of posts from an antifeminist Reddit community. Taking a discourse-historical approach to CDS, I analyse the nomination and predication strategies used to represent feminists in addition to the argumentation strategies used to convince others of the illegitimacy of feminism. Overall, I find that users typically did not distinguish between 'good' feminists and 'bad' feminists, instead making negative generalisations about feminists as an entire group. Arguments against feminism typically relied on the topos of justice in order to portray feminism as an illegitimate movement for equality given that it supposedly does not treat men and women in the same way. Alternatively, feminism was argued to be a threat to the 'natural' social order and men and women's historical gender roles. [ABSTRACT FROM AUTHOR]

This article introduces the concept of hegemonic constituent power to argue for a greater role for the people in the process of Irish reunification through the establishment of a constituent assembly. Hegemonic constituent power contends that, ideally, constituent power should be possessed by the people; however, descriptively, this is invariably not the case. Constituent power instead is best understood as the manifestation of hegemony – the dominant power base in a given legal order that legitimates and reinforces this power through institutions, prevailing ideas and culture. Hegemony performs an important function in descriptively explaining legitimacy formation while not necessarily conferring normative legitimacy on existing power structures or those who exercise constituent power. Legitimacy and illegitimacy are both embedded in this notion of hegemonic constituent power. This allows for constituent power to perform a legitimating function and its creative potential to be unleashed while still leaving space for critical contestation over how this power was exercised. In this way, hegemonic constituent power also seeks to address critiques of constituent power as enabling populism. The article then deploys this concept of hegemonic constituent power to argue that fears of invoking the will of the people in debates on Irish reunification are misplaced. [ABSTRACT FROM AUTHOR]

The intersection between cultures of impunity and the rationalization of victor's justice has a long tradition in international criminal justice. lt may be traced back to the branding of perpetrators as enemies of human race (Vattel), ideological rationalizations or application of concept of enemy criminal law (Feindstrafrecht) to terrorist groups (Jakobs). Some voices argue that problems of victor's justice are unavoidable, morally acceptable or do not necessarily affect the legitimacy of the law. This contribution challenges this assumption. It dissects the argumentative structure of the problem and claims that certain dilemmas, such as selective jurisdiction or unequal norm application, are increasingly subject to challenge from a normative perspective (e. g., impartiality, equality, fairness). It first traces the origins and continuities of victor's justice in the practice of international criminal justice. It shows that victor's justice critiques pose discomforting questions to the field. lt engages critically with three recurring rationalizations: The 'radical evil' theory, the balancing justification, and the pragmatic acceptance as 'necessary evil.' It argues that justifications of one-sidedness produce unhelpful 'spill-over' effects across situations and conflict with some of the liberal foundations of the justice model (dignity, equality, and universality) and turn international criminal justice partly against itself. It examines the role of fairness in countering these problems. It claims that some facets of victor's justice, or its counterpart (loser's justice), are not only problematic from a legitimacy point of view, but also from a legality and procedural justice perspective. Ultimately, victor's justice issues cannot be fully solved and will likely not go away. But some of the underlying causes and problems can and should be confronted more actively. It is becoming ever clearer in a multi-polar world that double standards and one-sided justice in one situation come to hurt accountability efforts in another. Multidirectionality should be used in novel, productive ways to challenge shaky rationalizations and promote greater equality before the law. This contribution suggests four ways to address contemporary dilemmas, beyond traditional calls to protect judicial and prosecutorial independence and improve funding and resourcing of accountability bodies, namely (i) greater consciousness of costs of one-sided justice and its multi-directional spill-over effects, (ii) better articulation and review of impartiality and objectivity standards, (iii) confronting causes of one-sided justice and their rationalizations, and (iv) multi-layered complementarity strategies. [ABSTRACT FROM AUTHOR]

This paper identifies and analyses the legitimation strategies used by the OECD as it expanded its role in global educational governance. Whilst the literature recognises the mainly discursive sources of legitimacy which the OECD derives from its testing regime, especially PISA, what remains unexplored is how exactly it has created the legitimacy to monitor SDG 4 – an arena where it has not been previously involved. Drawing on Suchman's framework for analysing organisational legitimacy, we identify six strategies. We show how these: were used to promote the OECD's pragmatic, moral, and cognitive legitimacy; progressed over time from low-key passive conformity to active manipulation; and, operated on both an episodic and a continual basis. [ABSTRACT FROM AUTHOR]

Children and young people have a right to freedom of association and to have their views given due weight when they act collectively. However, when they come together in groups to engage in collective action, in school and elsewhere, they are often criticised for not being "representative" of all/other young people. The concept, while frequently cited, remains undefined and fails to incorporate how young people understand, experience and enact representation. This article presents data from an empirical study with youth activists who established a Secondary Schools Students' Union during the Covid-19 pandemic to lobby for change in education decision-making. The study was carried out as a collaboration between two university-based researchers and two secondary school students who were founding members of the union. Drawing on focus groups and interviews with union executive members, this article presents findings that convey young people's navigation of adults' perceptions of their representativeness, focusing on issues of legitimacy and efficacy. Based on this study, we propose a new youth co-authored and youth-informed theory of representation that conceptualises it as immersive and mutually symbiotic and, we suggest, enables meaningful implementation of child and youth activists' civil and political rights. [ABSTRACT FROM AUTHOR]

One of the influential contributions to criminalisation theories is Duff's work on public wrongs, which offers a thin master principle of criminalisation, proposing that we have a reason to criminalise a type of conduct if it constitutes a public wrong; one that violates a polity's civil order and forms part of that polity's proper business. The nature of the civil order, the scope of its proper business, and the distinction between the public and private realms of wrongs are context-relative to each polity, structured by their legal, institutional, and informal values and ways of life. Such a context-relative view led to problematic criminalisation examples raised by Duff and his critics. This article engages more fully with the relativism of the civil order and public wrongs in non-democratic and illiberal contexts. It draws on examples such as Saudi Arabi and Iran, and Beetham's work on the legitimation of power to argue that conceptualising the civil order as an undifferentiated whole that represents a polity's chosen way of life overlooks the ways in which the civil order's values and practices are shaped by relations of power and exclusion rules and processes. This, in turn, exposes the theory to the risk of mirroring and legitimising unequal relations of power and impeding efforts to change them. This is also due to the theory's lack of proper normative guidance on the legitimacy of criminalisation. The potential commitment to – instead of a preference for – democracy and guarantees of equality and freedoms might help strengthen the theory normatively, but it is insufficient to guard against the raised problems. [ABSTRACT FROM AUTHOR]

Two broad thematic perspectives can be distinguished in the literature that broaches the revolutions–law nexus. One considers how actors' relations to, and usages of, legal statutes and constitutional provisions affect the dynamics of revolutionary conjunctures (law in revolutions). The other examines how the dynamics and modalities of revolutionary processes affect the content of law and the configuration of the legal order (revolutions in law). Subsumed to the law in revolutions perspective are five main topics: the use of constitutional provisions as instruments of revolutionary subversion, legally framed defensive strategies, constitutional devolutions, legitimation problems, and the courts' stances. The revolutions in law perspective encompasses reflections on the status of law in revolutionary paradigms, the impacts of revolutionary events as acts of foundation, shifting conceptions of constituent power, and the issue of continuities coexisting with ruptures. Cutting across these two perspectives are challenges and pitfalls that studies of revolutions and law can hardly ignore: the reification of analytical and descriptive categories, the confusion of normative and positive standpoints, and the reliance on unconditional claims. Studies overcome these challenges when they document and analyze the processes whereby actors engage law as they make decisions and pursue courses of action. [ABSTRACT FROM AUTHOR]

Almost two-thirds of countries worldwide rely on laypersons as legal decision makers in criminal cases, and a substantial number use laypersons to resolve civil disputes. Laypersons participate as jurors, lay judges, lay magistrates, and members of lay courts. Their participation enhances fact-finding by incorporating community views and values into legal decision making. Lay participation can also increase the transparency and legitimacy of law and the courts and promote democracy. As a result, some countries have adopted lay participation in recent decades. Yet, concerns about competence and bias have led other countries to circumscribe or abolish their systems of lay participation. This review describes the different roles that laypersons play as legal decision makers and the work that they do. It also describes the competing trends to expand or limit lay participation in legal decision making. After summarizing the research evidence, this article concludes that there is much value in judgment by peers. [ABSTRACT FROM AUTHOR]

Legitimacy is a concept that has been largely forgotten by the deconstructive discourse on law and politics. This article seeks, on the one hand, to reassess the role of legitimacy in deconstruction and, on the other hand, to bring deconstructive thinking to bear on the concept of legitimacy. By re-reading Derrida's "Declarations of Independence" through the lenses of his later texts on sovereignty and (counter)signature, it is argued that, rather than being deconstructible, legitimacy is deconstructing any self-founding of law and power. As such, legitimacy functions not as an evaluative concept of law and order but as a constantly insisting demand that facilitates the principles of responsibility and responsiveness. [ABSTRACT FROM AUTHOR]

Recent data show systematic changes in the diplomacy and practice of war. Conquests, peace treaties, declarations of war, and state boundary changes have declined or disappeared. There are still wars, but they are increasingly fait accomplis , and their outcomes are often not recognized as legal. How can we explain this wide-ranging but seemingly contradictory transformation? Existing accounts, such as those based on a territorial integrity norm, do not adequately explain these changes. This paper uses norm dynamics theory to show that all of these changes can be explained as 'ripple effects' of war becoming illegitimate as a way to solve international disputes. The kinds of rhetorical justifications states can convincingly give for engaging in violence have changed. States are navigating this changed international social environment through legitimacy management behaviors. The paper specifies three types of ripple effect, Reframing, Displacement, and Consistency-Maintenance, corresponding to changes in what states say, the actions they perform, and how the audience reacts. We show how this theory unifies all of the existing data into a single explanatory framework. We also apply the theory to the decline of peace treaties to show how ripple effects play out in more detail. [ABSTRACT FROM AUTHOR]

Copyright of Secuencia: Revista de Historia y Ciencias Sociales is the property of Instituto de Investigaciones - Dr. Jose M. Luis Mora and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background. The objective of this research is to discuss the concept and identification of stakeholders, emphasizing the need for a holistic understanding of the various parties involved in the educational process, such as principals, teachers, parents, the government, and the community. The involvement of stakeholders in building conflict resolution networks is a primary focus, considering the complexity of global challenges and educational dynamics. Purpose. To discuss the concept and identification of stakeholders, emphasizing the need for a holistic understanding of the various parties involved in the educational process. Method. The method used in this research is a literature review through stakeholder analysis, which identifies power, legitimacy, and urgency to help determine who or what is truly considered in decisionmaking. Results. The first research result shows a variety of approaches and strategies for addressing conflicts, both in Islamic boarding schools (pesantren), Islamic educational institutions, and at the national level. There is an awareness of the role of Islam and religious values in conflict resolution, as well as the importance of pluralism and multicultural education. Leaders of Islamic educational institutions are considered to have a key role in conflict resolution. Conclusion. Secondly, the stakeholders involved in the context of conflict resolution research in pesantren and Islamic educational institutions include various parties who have interests and roles in conflict resolution efforts and educational development. [ABSTRACT FROM AUTHOR]

Copyright of European Journal of Social Work is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Corporate social responsibility (CSR) towards the notions of diversity, equality, and inclusion (DE&I) draws a lot of attention in modern, pluralist society. The organizations' communicative approach in conveying LGBTQ advocacy to manage tensions and avoid conflicts with various stakeholders is largely underexplored in the Asian context. This study adopts Carbaugh's cultural discourse analysis (CuDA) to examine the socio-cultural meanings of LGBTQ-supportive CSR discourse for building corporate legitimacy in Hong Kong. CSR materials from leading corporations (2016–2022) and Facebook comments from the public were selected. We analyzed the CSR discourse using the five discursive hubs of CuDA (i.e. identity, emotions, actions, relations, and dwelling) and Suchman's legitimacy theory (i.e. pragmatic, cognitive, and moral). Our findings revealed three different stages of corporate legitimacy: namely, symbolic, institutional, and contextualized LGBTQ advocacy. The CSR materials intertwining in the five discursive hubs also demonstrated how the organizations attempted to build corporate legitimacy by fostering social change and avoiding conflicts through positive and implicit message-framing of LGBTQ advocacy. Discourse reflected in these CSR strategies illuminated the importance of glocalizing CSR messages to facilitate stakeholder engagement and corporate legitimization in support of this controversially progressive value. [ABSTRACT FROM AUTHOR]

People vary in the extent to which they generally feel obligated to obey the law. The Obligation to Obey the Law (OOL) plays a major role in how people respond to legal rules and whether they comply or violate such rules. Most existing research on OOL has been non-comparative. The present paper explores national differences in OOL by analyzing data from a survey conducted among a convenience sample (n = 716) of law students in the Netherlands, the US, Israel, and China. In contrast to what existing research on procedural justice and OOL would lead us to expect, the data do not reveal significant differences in OOL across markedly different national populations. It explores why no such differences have been found and what the implications of these findings are for our understanding of OOL and compliance more broadly. [ABSTRACT FROM AUTHOR]

Soror Maria da Cruz was a nun at the convento de Nossa Senhora da Quietação in Alcântara whilst Dona Maria lived unprofessed at the convento de Santa Teresa de Jesus in Carnide. These seventeenth-century women have long been considered the same person. Both were illegitimate and were related to the royal family. An analysis of the letters that they wrote and received evidence the scope of their roles and their influence which extended into the political and diplomatic spheres.

We argue that the legitimacy of international organisations (IOs) as self-proclaimed representatives of humankind, which was unfounded from the outset, is waning. To substantiate that claim, we undertake a critical inquiry into the legitimacy of the promissory visions pursued by IOs in the field of education across three historical periods. The first traces the rationalistic educational planning and idealistic 'one world' projects of the post-World War II period. The second examines the era of globalisation, when the discourse that legitimised the educational visions of IOs shifted towards the promises of the 'global knowledge economy'. The third discusses the contemporary trend towards emergency governance and crisis narratives. While the narratives of progress shifted, a pattern that has emerged is the move towards globalism and uniformity. Drawing on insights from philosophy and historical studies of world-empire, we argue that the world-making experiments conducted by IOs were destined to be unsuccessful. [ABSTRACT FROM AUTHOR]

This article – and the special issue it introduces – contributes to the expanding scholarly literature on the global governance of education, with a particular focus on its future-oriented and 'promissory' dimension. Inspired by Beckert's (2020) concept of 'promissory' legitimacy, a key contribution of this special issue is to critically analyse past and contemporary promissory narratives of the major international organisations and other global actors concerning the future of education. We focus on three overarching themes that emerge from the contributions to this special issue: Problems of legitimacy in the global governance of education; a shift towards multistakeholderism, which we explore through the lens of 'the neuro-affective turn'; the use of crisis narratives as an instrument of global governance, and geopolitical shifts and the decline of the liberal world order. [ABSTRACT FROM AUTHOR]

Promising lines of scholarship have emerged on how International Organisations (IO's) deploy anticipatory techniques aimed at colonising the future as a means of governing in the absence of sovereignty. It follows that securing hegemony over a vision of the future is important strategic work for IOs, and a source of legitimacy derived from authority beyond procedure and performance. This is called promissory legitimacy. Yet what happens when this promised future arrives and is problematic? How does an IO creatively strategise this shortfall? In this paper, we identify five strategies deployed by the OECD in its Future of Education and Skills 2030 programme aimed to re-negotiate a failed present and anticipate a new future. We also reflect on the ideational underpinnings of the OECD's new futures programme, and argue it is being mobilised to, on the one hand, get beyond the limitations of data governance, and on the other to help selectively shape a new cognitariat subjectivity engaged with immaterial labour in emerging post-industrial capitalism. [ABSTRACT FROM AUTHOR]

Employees are frequently interrupted when doing their work, sometimes with tasks that seem unreasonable or unnecessary. Drawing on stress-as-offence-to-self and stress appraisal theories, we expected that perceived illegitimacy of an interrupting task is detrimental to employees' affective (i.e., anxiety, fatigue, vitality) and cognitive (i.e., task focus, attention residue) reactions to an interruption, because such interruptions are appraised as more of a hindrance and less of a challenge. To test this, we first used a within-persons recall study, where participants (N = 144) recalled two interrupting tasks, one perceived as legitimate, and one illegitimate. As expected, perceived illegitimacy of the interrupting task was associated with more anxiety and less task focus, because of more hindrance appraisal. Perceived illegitimacy also was associated with less vitality, task focus, and more attention residue, because of less challenge appraisal. Second, using a between-persons manipulation of an interrupting task in a work simulation (N = 231), perceived illegitimacy was associated with more anxiety, fatigue, attention residue, and less task focus, because of more hindrance appraisal. Furthermore, participants performed worse on the interrupting task because of more hindrance appraisal and less task focus. Overall, interrupting tasks perceived as illegitimate can be more negatively impacting, because such interruptions are appraised as hindering. [ABSTRACT FROM AUTHOR]

This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents. [ABSTRACT FROM AUTHOR]

Are property rights absolute? This paper attempts to reframe this question by drawing on insights from the field of social ontology. My main claim is that, even if we accept the most extreme view of the absoluteness of property rights, there are some non-normative conceptual limitations to these rights. The conceptual limitations are based on two claims about the nature of property rights and their subject matter, namely objects in the world: (1) property law regulates relations between persons through the use of objects, and not relations between persons and objects; (2) even when owned, objects retain some of their 'independent', unowned, existence. Taken together, these claims confine property law to the institutional meaning that is given to objects, which is distinct from their social and natural meanings. Since property law defines objects in a certain way, it makes space for other social considerations but without the need to qualify property rights. [ABSTRACT FROM AUTHOR]

Legitimacy theory proposes that firms must obtain and maintain legitimacy to gain the support of various stakeholders. Our study argues that different legitimacy dimensions are of different importance to enterprise survival and development. A crowding-out effect exists among such dimensions. When political legitimacy dominates, enterprises utilize their achieved political legitimacy to engage in moral illegitimacy activities. Therefore, we argue that official environmental awards confer political legitimacy on firms, which give up maintaining moral legitimacy and then still pollute environment. State-owned status further strengthens political legitimacy, which is enough to offset moral illegitimacy threats, resulting in enterprises still polluting. Media scrutiny further weakens the crowding-out effect of political legitimacy, which means that political legitimacy can no longer offset the rising pressure of moral legitimacy, thereby reducing corporate pollution in response to moral legitimacy. Empirical research based on listed Chinese heavy-polluting firms from 2009 to 2020 supports the above hypothesis. Our conclusions answer the question "why do enterprises that receive official environmental awards still pollute?"; thus, research on legitimacy management and corporate pollution action is enriched. [ABSTRACT FROM AUTHOR]

Pundits have speculated that the spread of conspiracies and misinformation (termed "misbeliefs") is leading to a resurgence of right‐wing, reactionary movements. However, the current empirical picture regarding the relationship between misbeliefs and collective action is mixed. We help clarify these associations by using two waves of data collected during the COVID‐19 Pandemic (in Australia, N = 519, and the United States, N = 510) and democratic elections (in New Zealand N = 603, and the United States N = 609) to examine the effects of misbeliefs on support for reactionary movements (e.g., anti‐lockdown protests, Study 1; anti‐election protests, Study 2). Results reveal that within‐person changes in misbeliefs correlate positively with support for reactionary collective action both directly (Studies 1–2) and indirectly by shaping the legitimacy of the authority (Study 1b). The relationship between misbelief and legitimacy is, however, conditioned by the stance of the authority in question: the association is positive when authorities endorse misbeliefs (Study 1a) and negative when they do not (Study 1b). Thus, the relationship between conspiracy beliefs and action hinges upon the alignment of the content of the conspiracy and the goals of the collective action. [ABSTRACT FROM AUTHOR]

The focal point of transitional justice efforts in Cambodia have been recently-completed criminal prosecutions at the Extraordinary Chambers in the Courts of Cambodia ("ECCC"). Like other international criminal justice institutions, the ECCC has been framed as not only a criminal court, but also as an institution capable of helping achieve various transitional justice goals such as improving the rule of law and respect for human rights domestically in Cambodia. This Article identifies troubling connections between the ECCC experience and the Cambodian government's increasing use of rule by law tactics in recent years. The Article identifies two related ways in which the ECCC experience may have further damaged, rather than helped mend, the rule of law in Cambodia. First, by providing training to Cambodian legal actors beholden to the autocratic government, the ECCC has engaged in a form of "negative capacity-building" by enhancing the abilities of such actors to weaponize Cambodia's legal system against perceived threats to the dominant Cambodia People's Party ("CPP"). Second, by playing into the dominant social perception in Cambodia that powerful CPP-aligned actors remain the ultimate arbiters of contentious legal cases, even when producing inconsistent, incompatible outcomes, the Court's social messaging has lent some legitimacy to rule by law tactics in Cambodia. These negative rule of law outcomes are especially troubling given the authoritarian backsliding Cambodia has recently experienced. Moreover, the potential negative rule of law legacy of the ECCC should serve as a cautionary tale against the notion that international criminal law prosecutions solely produce positive rule of law effects in post-atrocity States. [ABSTRACT FROM AUTHOR]

Over the course of the twentieth century, occupational licensing laws expanded from obvious industries, such as healthcare and law, to industries with seemingly little impact on the health, safety, and welfare of the community. Lenient judicial review of these regulations aids the proliferation of these laws. That leniency is often ascribed to the Supreme Court's perceived "hands off" approach allowing even dubious rationales to stand as a legitimate government purpose. This Comment will argue that judicial review of state and local regulations is not as rigid as some judges assert, and that, under Supreme Court precedent, courts can employ the second-order rational basis test to examine occupational licensing regulations with increased scrutiny. Further, this Comment will argue that courts should not accept naked economic protectionism as a legitimate government interest for purpose of constitutional review. [ABSTRACT FROM AUTHOR]

State courts get to say finally what state statutes mean. One might think, given the ferocity with which state courts guard their role as the ultimate expositors of state law, that state courts would forge a path of interpretive independence, gladly shirking what federal courts have to say about how to read statutes. Yet actual state court practice paints quite a different picture: far from ignoring or discrediting federal interpretive law, state courts frequently "borrow" the statutory interpretation methodology of the U.S. Supreme Court. And while state courts interpreting state statutes are free to "reject" federal interpretive principles, they almost never do so. This Article will describe, theorize, and offer a partial defense of the curious and previously underexplored phenomenon of state-federal borrowing of statutory interpretation methodology. Through a series of case studies, this Article will show how state courts borrow both overarching interpretive theories and granular tools of interpretation. Hardly ever do state courts reject federal interpretive principles, but when they do, even then they borrow from federal law by relying on critiques developed in separate opinions of U.S. Supreme Court Justices. The Article will next hypothesize that state court jurists are quick to borrow federal interpretive tools, oftentimes without explanation, because borrowing increases the legitimacy of their decisions and secures state courts' place in the American interpretive tradition; borrowing also evinces the prestige of federal law and our collective familiarity with it and reveals that judicial politics can affect judging in subtle ways. The Article will then defend this widespread state court practice, though it will caution that state courts are better to explain their decision to borrow, especially when the federal interpretive tool is built on federal separation-of-powers principles that may not apply in the states. This Article will conclude by suggesting that methodological borrowing is the latest data point demonstrating courts' growing fondness for formalism in statutory interpretation. [ABSTRACT FROM AUTHOR]

This Article is about violence in the administration of our nation's immigration laws. More specifically, it focuses on the types of agency actions that might be characterized as "violent," a key concept in separating legitimate and illegitimate agency actions. In this context, violence is commonly defined in terms of the use or threat of force against immigrants and immigrant communities--i.e., through apprehension, detention, and removal. This Article develops and defends a related theory of violence, what I call "administrative violence," which focuses on benefits programs that offer relief from removal. Although these programs are often described in inclusive terms, this Article argues that they help normalize and reaffirm the legitimacy of enforcement programs most directly responsible for the use and threat of force. Notably, these benefits programs foist the burden of seeking relief on migrants; obfuscate the realities that relief is temporary, limited, and hard to get; and draw attention away from the ways that relief programs are intertwined--politically, legally, and administratively--with the enforcement programs most responsible for egregious harms in the immigration context. The theory of administrative violence makes two contributions. First, it provides descriptive clarity on the range of illegitimate harms experienced by migrants at the hands of both field agents wielding quasi-police power as well as bureaucrats processing papers in anonymous office buildings. Second, it provides a basic vocabulary for pushing forward current conversations about violence in the administrative state, a dynamic that is attracting increasing scholarly attention, but which remains overly narrow. [ABSTRACT FROM AUTHOR]

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