5,825 results on '"Illegitimacy"'
Search Results
2. The obligation to obey the law: exploring National Differences.
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van Rooij, Benjamin, Fine, Adam, Shalvi, Shaul, Feldman, Yuval, Scheper, Eline, Yunmei, Wu, Leib, Margarita, Cheng, Qian, and Wanhong, Zhang
- Subjects
OBEDIENCE (Law) ,CONVENIENCE sampling (Statistics) ,LAW students ,ILLEGITIMACY ,LEGAL compliance ,PROCEDURAL justice - Abstract
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]
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- 2024
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3. Communicating LGBTQ-supportive CSR for corporate legitimacy: a cultural discourse analysis in Hong Kong.
- Author
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Chan, Mike H. Y. and Mak, Angela K. Y.
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SOCIAL responsibility of business ,STAKEHOLDERS ,ILLEGITIMACY ,SOCIAL change ,EMOTIONS - Abstract
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]
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- 2024
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4. A tale of two cases – investigating reasoning in similar cases with different outcomes.
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Ruiken, Barbara
- Subjects
CHILD welfare ,RESEARCH funding ,PARENT-child relationships ,RESPONSIBILITY ,DECISION making ,PARENT attitudes ,THEMATIC analysis ,MEDICAL coding ,ILLEGITIMACY ,JUDGMENT (Psychology) ,CHILD care - Abstract
Copyright of European Journal of Social Work is the property of Routledge 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.)
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- 2024
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5. Global governance and the promissory visions of education: challenges and agendas.
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Elfert, Maren and Ydesen, Christian
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INTERNATIONAL organization , *EDUCATION , *ILLEGITIMACY , *STAKEHOLDERS , *CRISES - Abstract
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]
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- 2024
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6. The waning legitimacy of international organisations and their promissory visions.
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Auld, Euan and Elfert, Maren
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INTERNATIONAL agencies , *ILLEGITIMACY , *EDUCATION , *EDUCATIONAL planning , *GLOBALIZATION - Abstract
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]
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- 2024
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7. 'Promises promises': international organisations, promissory legitimacy and the re-negotiation of education futures.
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Robertson, Susan L. and Beech, Jason
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INTERNATIONAL agencies , *SCHOLARLY method , *EDUCATION , *ILLEGITIMACY , *CAPITALISM - Abstract
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]
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- 2024
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8. Effects of perceived illegitimacy of interrupting tasks on employees' cognitive and affective experiences: the mediating role of stress appraisals.
- Author
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Parker, Stacey L., Pahor, Kateland, Van den Broeck, Anja, and Zacher, Hannes
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PSYCHOLOGICAL stress ,ILLEGITIMACY ,INTERRUPTION (Psychology) ,AFFECT (Psychology) ,SLEEP interruptions ,FATIGUE (Physiology) ,ANXIETY - Abstract
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]
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- 2024
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9. Why Metaphysics Matters: The Case of Property Law.
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Ohavi, Ben
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METAPHYSICS ,PROPERTY rights ,ONTOLOGY ,PHILOSOPHY ,ILLEGITIMACY - Abstract
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]
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- 2024
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10. The Personality of Public Authorities.
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Oza, Manish
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GOVERNMENT corporations ,JURISTIC persons ,ILLEGITIMACY ,ASSOCIATIONS, institutions, etc. ,LAW - Abstract
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]
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- 2024
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11. In the name of awards: environmental award, legitimacy dominance, and corporate pollution.
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Zhao, Xiaoyue and Jia, Ming
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LEGITIMACY of governments ,POLLUTION management ,ILLEGITIMACY ,EMPIRICAL research ,POLLUTION ,CORPORATE sustainability - Abstract
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]
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- 2024
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12. REASSESSING THE RULE OF LAW LEGACY OF THE KHMER ROUGE TRIBUNAL.
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DEFALCO, RANDLE C.
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RULE of law , *ILLEGITIMACY , *INTERNATIONAL criminal law , *JUSTICE , *ACTIONS & defenses (Law) , *CRIMINAL courts - Abstract
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]
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- 2024
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13. Do conspiracy beliefs fuel support for reactionary social movements? Effects of misbeliefs on actions to oppose lockdown and to "stop the steal".
- Author
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Thomas, Emma F., Bird, Lucy, O'Donnell, Alexander, Osborne, Danny, Buonaiuto, Eliana, Yip, Lisette, Lizzio‐Wilson, Morgana, Wenzel, Michael, and Skitka, Linda
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HEALTH attitudes , *SOCIAL psychology , *RESEARCH funding , *CONFLICT (Psychology) , *HUMAN research subjects , *MISINFORMATION , *SOCIAL perception , *DESCRIPTIVE statistics , *CHI-squared test , *STAY-at-home orders , *ILLEGITIMACY , *SOCIAL support - Abstract
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]
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- 2024
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14. Huaco retrato (2021) de Gabriela Wiener: una contranarrativa bastarda del neocolonialismo contemporáneo.
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Orellana Inostroza, Myriam
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GENDER-based violence ,ILLEGITIMACY ,AUTOBIOGRAPHICAL fiction ,FAMILY history (Sociology) ,NEOCOLONIALISM ,INDIGENOUS children - Abstract
Copyright of Revista Laboratorio is the property of Universidad Diego Portales 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.)
- Published
- 2024
15. Habermas, Popular Sovereignty, and the Legitimacy of Law.
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Duke, George
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SOVEREIGNTY ,COMMON law ,PUBLIC sphere ,JUSTIFICATION (Ethics) ,ILLEGITIMACY - Abstract
Habermas' theory of popular sovereignty has received comparatively little sustained critical attention in the Anglo-American literature since initial responses to Between Facts and Norms. In light of subsequent work on group agency, this paper argues that Habermas' reconstruction of popular sovereignty—in its denial of the normative force of collective citizen action—is best understood as a renunciation of the doctrine. The paper is structured in three sections. Section 1 examines Habermas' treatment of popular sovereignty prior to Between Facts and Norms as both (i) a principle of constitutional legitimacy or normative justification for the modern Rechtsstaat and (ii) a concept of legitimation for the rule of the ascendant liberal bourgeoisie. Section 2 then argues that Habermas' reconstruction of popular sovereignty in Between Facts and Norms, by discounting the role of collective citizen agency in the justification of the modern constitutional state, empties the doctrine of its core normative content. The final section briefly elaborates on this claim by reference to Habermas' theory of the public sphere. [ABSTRACT FROM AUTHOR]
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- 2024
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16. Subvertir la selectividad penal. El desafío garantista para América Latina.
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Alvaracín Jarrín, Adrián Alejandro
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ILLEGITIMACY ,CRIMINAL law ,DIGNITY ,MODERN society ,CRIME - Abstract
Copyright of Foro Revista de Derecho is the property of Universidad Andina Simon Bolivar, Sede Ecuador 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.)
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- 2024
- Full Text
- View/download PDF
17. Medico-Legal History of Infanticide in South Africa, Late 19th to the Early 20th Century
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Badassy, Prinisha
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- 2024
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18. Creative crowdsourcing: understanding participation barriers and levers from a heterogeneous crowd perspective.
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Djelassi, Souad and Cambier, Fanny
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CROWDSOURCING ,LEVERS ,PARTICIPATION ,CROWDS ,CONSUMERS ,ILLEGITIMACY - Abstract
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]
- Published
- 2023
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19. Public Wrongs and Power Relations in Non-Democratic & Illiberal Polities.
- Author
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Hanafy, Hend
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CIVIL law ,ILLEGITIMACY ,DEMOCRACY ,EQUALITY ,LIBERTY - Abstract
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]
- Published
- 2024
- Full Text
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20. Have the rules of the game changed? Novel legal interpretations and their impact on the EU's legitimacy communication.
- Author
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Escalante-Block, Elena
- Subjects
- *
EUROPEAN integration , *GOVERNMENT aid , *EUROPEAN Union law , *ORGANIZATIONAL legitimacy , *ILLEGITIMACY , *POLICY sciences - Abstract
Scholars have often argued that European Union (EU) policymaking should be less technocratic and more political. However, it remains unclear whether the politicisation of policy-making processes by the European Commission will strengthen its legitimacy. Some authors view the EU and its institutions as its most effective outside of political strife. Others suggest that more politicisation will increase EU legitimacy as it can lead to debates where European Integration objectives can be redefined. This study argues that the impact of politicisation on the Commission's legitimacy ultimately depends on the endorsement of novel interpretations of an EU law or policy issue. Here, two state aid policy decisions are compared using a claims-making analysis. The study finds that new legal interpretations made by the Commission led to a politicisation surrounded by questions about the EU's authority. However, if the European Commission follows pre-established rules, then politicisation can strengthen the EU's legitimacy communication. [ABSTRACT FROM AUTHOR]
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- 2024
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21. The Republican Subject and the Two Representations of the King: The Monarchy in Transition in Julián Marías' La España real.
- Author
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González, Carlos Varón
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LAWYERS , *MODERNIZATION (Social science) , *ILLEGITIMACY , *SYMBOLISM ,SPANISH monarchy - Abstract
Among a number of jurists and military officers, Julián Marías joined thirty-nine senators designated by the King to participate in the formulation of the 1978 Constitution. In his public interventions, collected in La España real, Marías makes the case for the monarchy: the King was to produce the nation he represented and resolve political fragmentation as the head of that nation. At stake was a particular understanding of national representation subservient to neo-liberal modernization, foreshadowing the aesthetic-representational character of the political to secure legitimacy through symbolism and charismatic mobilization. [ABSTRACT FROM AUTHOR]
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- 2024
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22. Legitimizing Agencies.
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Feinstein, Brian D.
- Subjects
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ILLEGITIMACY , *ADMINISTRATIVE law , *JUDGES , *POWER (Social sciences) , *TECHNOCRACY - Abstract
The project of bolstering the administrative state's perceived legitimacy is central to administrative law. To enhance agencies' legitimacy with the public, generations of judges and scholars have variously called for changes designed to insulate technocrats from political influence, involve interested members of the public, and subject agencies to greater political control. Despite the pitch of debate in elite legal circles, however, little is known about the views of ordinary citizens--the very people whose beliefs constitute popular legitimacy. This Article provides evidence of Americans' actual views concerning what features contribute to agencies' perceived legitimacy. It presents the results of a set of experiments in which each participant views a policy vignette with varied information concerning the structures and procedures involved in generating the policy. Participants are then asked to assess, by their own lights, the policy's legitimacy. The results support the century-old idea that empowering politically insulated, expert decision-makers legitimizes agencies. With the insulation of civil servants from appointees and the independent-agency form under strain, this finding implies that, for proponents of a robust administrative state, an independent and technocratic civil service is worth defending. There also is some evidence that public participation in agency decision-making bolsters agencies' perceived legitimacy. By contrast, the theory--influential on the Supreme Court--that greater presidential involvement enhances legitimacy receives no support. [ABSTRACT FROM AUTHOR]
- Published
- 2024
23. Soltería ficticia: Trayectorias y estrategias de tres falsos solteros en la Nueva España a finales del periodo colonial.
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Cervantes Cortés, José Luis
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IMPERIALISM ,OBLIGATIONS (Law) ,MOTIVATION (Psychology) ,DIPLOMATICS ,SOCIAL perception - Abstract
Copyright of Tiempos Modernos is the property of Tiempos Modernos 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.)
- Published
- 2024
24. Who, what, where? The influence of the Integral Care Agreement (IZA) on established regional networks in Dutch healthcare.
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Peeters, Robin, Westra, Daan, Gifford, Rachel, and Ruwaard, Dirk
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COMMUNITY health services ,HEALTH services administration ,QUALITATIVE research ,HEALTH policy ,DESCRIPTIVE statistics ,HEALTH planning ,INFORMATION services ,LONGITUDINAL method ,OPERATIVE surgery ,ILLEGITIMACY ,HEALTH care industry ,COMPARATIVE studies ,INTEGRATED health care delivery ,LOCAL government - Abstract
Health and welfare organizations are encouraged to collaborate in regional, cross-domain networks. Although the literature has shown that policy changes can influence the effectiveness of existing networks, the impact of the Dutch Integral Care Agreement (Integraal ZorgAkkoord, IZA) is not yet known. We investigated this in a longitudinal qualitative case study of a network that has been in existence for a long time. The results show that after implementation of the IZA, a new overarching network at the healthcare administrative regional level was established. This led to uncertainty regarding the objective, composition, and sustainability of the existing network. A division emerged in the existing network between members who participated in the new network and those who did not. Organizations that participated in the new network questioned their participation in the existing network, to reduce administrative pressure. Organizations that only participated in the existing network doubted their participation because they lost sight of the network's purpose and experienced a lack of transparency regarding decisions made in the new network. The Dutch national government and policymakers would do well to seek close alignment with practice when further developing the IZA. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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25. Maria Nowak, Bastards in Egypt: Social and Legal Illegitimacy in the Roman Era (= Journal of Juristic Papyrology, Suppl. 37).
- Author
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Thür, Gerhard
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ILLEGITIMACY ,INTERMARRIAGE ,ROMANS ,CITIZENS - Published
- 2024
- Full Text
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26. Documentality. New Approaches to Written Literature in Imperial Life and Literature.
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Speidel, Michael A.
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INSCRIPTIONS ,ROMAN law ,ILLEGITIMACY - Published
- 2024
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27. Communicating Censure: The Relevance of Conditions of Imprisonment at Sentencing and During the Administration of the Sentence.
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Manikis, Marie and Matheson, Audrey
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PRISON sentences , *COMMON law , *PUNISHMENT , *ILLEGITIMACY , *LEGAL evidence - Abstract
In common law, sentencing is chiefly concerned with the duration of a sentence and rarely engages in the conditions under which the sentence is served. Recently, courts in Canada and England and Wales have started to recognise the relevance of certain prison conditions when deciding sentences. These approaches, however, have lacked conceptual clarity and consistency. Building on communicative theories of punishment, this article proposes a novel framework based on 'state responsibility/blame' and dynamic censure to justify the relevance of considering the qualitative conditions of imprisonment at sentencing as well as during the administration of the sentence. This framework is coupled by a typology of unjustified harmful carceral conditions that can be considered relevant evidence. This expanded purview of sentencing will offer greater legitimacy of punishment by strengthening communicative practices of punishment that include dynamic censure, including censuring the state for additional and unjustified state‐created harms. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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28. COVAX versus Sinovac: A test for the legitimacy of the World Health Organization in South East Asia.
- Author
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Landini, Irene and Sicurelli, Daniela
- Subjects
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DISCURSIVE practices , *COVID-19 , *COVID-19 vaccines , *WORLD health , *COVID-19 pandemic , *CIVIL service positions , *ILLEGITIMACY ,DEVELOPING countries - Abstract
The coronavirus disease-19 crisis has challenged the legitimacy of the World Health Organization as an actor in global health governance and provided the opportunity for China to emerge as a partner of developing countries in facing global pandemics. In this respect, South East Asia represents an emblematic region for testing the legitimacy of the international organisation vis-a-vis the emerging power. This article adopts a sociological interpretation of legitimacy and provides an empirical analysis of the discursive and non-discursive practices in South East Asian countries concerning support to – and criticism against – the World Health Organization–led initiative COVAX. It provides a variegated and dynamic picture of perceptions of the international organisation in the region. Our results partly call into question representations of the weakening of the legitimacy of the World Health Organization in favour of China's leading role. Finally, the article recognises the need to analyse legitimacy of the World Health Organization in connection both with the broader geopolitical positioning of governments receiving the Organization's aid and with the levels of trust in the government of the public in competing partners in dealing with global pandemics. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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29. Corruption or Culture? Evaluating Elite Definitions of "Wasta" in Jordan.
- Author
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Al-Hiari, Ahmad Asem
- Subjects
- *
CORRUPTION , *ILLEGITIMACY , *SOCIAL capital , *ARAB Spring Uprisings, 2010-2012 , *POLITICAL movements , *PUBLIC officers - Abstract
Combatting corruption has been a long-standing commitment for Jordan, which had particularly heightened in light of the Arab Spring in 2011, with increasing demand for stricter measures and more transparency being voiced by Jordanian political movements. However, despite strong will for change, Jordan had done less to curb informal practices in public administration such as "Wasta," which relies on its deeply-embedded notion of cultural legitimacy in circumventing laws and regulations. This article investigates perceptions of "Wasta" through a sociocultural lens that places emphasis on how culture and informal interactions can challenge mainstream understandings of corruption. Drawing on elite interviews with senior public officials and politicians in Jordan, it argues that conventional understandings of corruption that are typically grounded in western literature may be less useful for Jordan in tackling deeply-embedded societal practices such as Wasta. The study finds that corruption and Wasta cannot be conceptualized as one and the same due to intrinsic differences between their subjective goals. The study concludes by suggesting that new approaches in defining unethical use of social capital in public administration need to be developed in order for Jordan to improve its capacity for tackling the negative impacts of Wasta. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
30. JUDICIAL INTERPRETATION AS INFORMAL CONSTITUTIONAL CHANGES: QUESTIONS OF LEGITIMACY IN THE ASPECT OF THE DOCTRINE OF CONSTITUENT POWER.
- Author
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Berchenko, Hryhorii
- Subjects
CONSTITUENT power ,CONSTITUTIONAL law ,JUDGE-made law ,CIVIL rights ,JUDICIAL power ,CONSTITUTIONALISM ,ILLEGITIMACY - Abstract
Background: Stability is considered a traditional legal value, particularly in relation to the stability of the constitution. This emphasis on stability stems from the need to protect the text of the constitution from frequent and unreasonable changes. However, stability must be combined with dynamism, a task primarily shouldered by the judicial branch of power through constitutional interpretation. Notably, ideas of judicial rule-making and the notion of a living/invisible constitution are only some manifestations of such a phenomenon as informal changes to the constitution. Yet, the potential risks posed by judicial intervention and the legitimacy concerns surrounding such informal changes warrant scrutiny. What is the correlation of informal constitutional changes through interpretation with the traditional doctrine of sovereign constituent power? What should be the limit of the interpretation of the constitution so that such an interpretation is not recognised as abusive? These and other issues are the focal point of research in the article. Methods: The following methods were used to research the main approaches to informal changes to the constitution. The system-structural method was used to characterise the concept of a living and invisible constitution and varieties of informal constitutional changes and to establish the relationship between these concepts. The logical-legal method made it possible to find out the content of the positions of scientists regarding the potential violation of the boundaries of interpretation of the constitution by the courts, as well as arguments for and against the legitimacy of judicial interpretation, an assessment of informal changes in the constitution from the standpoint of modern views on the doctrine of constituent power. Additionally, the comparative method was employed to study the experience of foreign countries in terms of the characterisation of binding interpretation. Results and Conclusions: The study analyses the current state of the concept of informal changes to the constitution through judicial interpretation, its connection with the doctrine of constituent power, as well as the question of the legitimacy of such an interpretation and its limits. The primary conclusion is that judicial activity guarantees the protection of the material constitution, principles and human rights. That is, the judiciary does not allow sovereign decisions made democratically (by the people) to infringe on human rights. Thus, the text of the constitution is interpreted in a conformal way to individual rights. Questions about the role of the judiciary, the possibility of informal changes to the constitution, and judicial lawmaking as such can be an indicator for distinguishing between authoritarian/totalitarian countries and democratic ones. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
31. Determining Indeterminacy: Plurilingual Treaty Interpretation Under Article 33 of the Vienna Convention on the Law of Treaties.
- Author
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Martino, Daniella
- Subjects
INDETERMINACY (Linguistics) ,MULTILINGUALISM ,TREATIES ,ILLEGITIMACY ,EQUALITY - Abstract
The Vienna Convention on the Law of Treaties (VCLT) makes a claim of certainty that is inconsistent with the reality of indeterminacy in the international legal order. The interpretation of plurilingual treaties presents particular challenges that Article 33 of the VCLT purports to address. Historical practice and the drafting decisions leading to the Article's construction demonstrate how the resulting interpretive rule provides a mere veneer of certainty through its insistence on unity of text, instituted through the presumption of equality in Article 33(1) and the presumption of same meaning in Article 33(3). Behind this screen, however, the Article endows interpreters with discretion to make holistic judgments tailored to the circumstances and to resolve the inherent indeterminacy of multiple linguistic versions according to underlying normative values like legitimacy. The Preliminary Objections in Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia) serves as a case study to show how the rebuttal of the presumption of same meaning by litigants operates as an argumentative tool. The LaGrand case demonstrates how the ICJ has applied Article 33 as a mechanism for instituting its own legitimacy. Outside of adjudication, the interpretive rule provides a framework for common dialogue to resolve interpretive disagreement, but the flexible methods advantageous for neutral arbiters make cooperation among parties with divergent viewpoints difficult. Although challenging to reconcile, the multiplicity of linguistic versions can serve as a beneficial mechanism for resolving international, multilingual disputes by prescribing a possible approach to overcoming inevitable indeterminacy. [ABSTRACT FROM AUTHOR]
- Published
- 2024
32. High school teachers put to the test by career guidance education: A professional identity between illegitimacy and uncertainty.
- Author
-
PANNIER, CHLOÉ and MICHAUT, CHRISTOPHE
- Subjects
- *
HIGH school teachers , *PROFESSIONAL identity , *YOUNG adults , *SECONDARY school teachers , *ILLEGITIMACY , *VOCATIONAL guidance - Abstract
In France, the "Student Orientation and Success" law of March 8, 2018 created the Parcoursup platform and strengthened the role of secondary school teachers in supporting young people's orientation. Not trained for this, they nevertheless have to deal with this mission and the new features induced by the platform, which is the subject of strong criticism, particularly due to the inequalities it generates. The potential adjustments needed to deal with it then call into question the professional identity of secondary school teachers. The research focuses on how they accept or resist the reform through the prism of its reception and implementation. 23 high school teachers were interviewed in comprehensive semi-directive interviews. The results reveal a lack of training and skills in this area among the respondents. The latter feel illegitimate and remain uncertain about the effects that their support can have on the students' paths. Despite their converging perceptions regarding orientation, the latter reinterpret and adjust to this mission according to their seniority, their discipline and the context of their establishment. They are led to operate a "tinkering" to adapt as best as possible to the injunctions. In France, the "Orientation and Student Success" law of March 8, 2018, created the Parcoursup platform and strengthened the role of high school teachers in guiding young people in their orientation. Untrained for this, the latter nevertheless have to deal with this mission and the new features induced by the platform, which is the subject of strong criticism due in particular to the inequalities it generates. The potential adjustments required to cope with this challenge the professional identity of high school teachers. The research focuses on how the latter accept or resist the reform through the prism of their reception and implementation. 23 high school teachers were interviewed using comprehensive semi-directive interviews. The results highlight a lack of training and skills in this area among the respondents. The latter felt illegitimate and remained uncertain about the effects that their support could have on the students' progress. Despite their convergent perceptions of orientation, they reinterpret and adjust to this mission according to their seniority, their discipline and the context of their school. They have to do a "makeshift job" in order to adapt to the injunctions as best they can. [ABSTRACT FROM AUTHOR]
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- 2024
33. The "hidden side" of intergroup contact: The role of perceived social structure in motivating support for social change among the disadvantaged and the advantaged.
- Author
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Bobowik, Magdalena, Zumeta, Larraitz N., Pizarro, José J., Basabe, Nekane, and Moreno, Gorka
- Subjects
- *
PREJUDICES , *SOCIAL change , *SOCIAL support , *SOCIAL structure , *COLLECTIVE action , *INTERGROUP relations , *PERCEIVED discrimination , *ILLEGITIMACY - Abstract
Intergroup contact is a powerful prejudice-reduction strategy, but research has also revealed its undesirable effects among the disadvantaged. To unravel these counterintuitive effects, we examine the explanatory role of sociostructural factors (permeability of group boundaries as well as stability and legitimacy of inequality) in the link between intergroup contact and both perceived group discrimination against the disadvantaged and support for collective action. We relied on quasirepresentative or nationwide samples of immigrants (N = 1,539) and host nationals (N = 838), who participated in two survey-based studies. Among the disadvantaged, contact was associated with less awareness of group discrimination and collective action intentions via more perceptions of permeability and/or stability. Among the advantaged, intergroup contact was associated with greater awareness of group discrimination and collective action intentions (primarily) via perceived illegitimacy of existing status disparities. Our findings elucidate the importance of structural factors in understanding the implications of intergroup contact in addressing inequality and inequity, as well as designing contact-based interventions. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
34. Social media opposition to the 2022/2023 UK nurse strikes.
- Author
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Kalocsányiová, Erika, Essex, Ryan, Brophy, Sorcha A., and Sriram, Veena
- Subjects
- *
PRESS associations , *NURSES , *NATIONAL health services , *EMPLOYEE rights , *RISK assessment , *STATISTICAL correlation , *DATABASE management , *QUALITATIVE research , *COMPUTER software , *DEATH , *NURSING career counseling , *PUBLIC opinion , *STRIKES & lockouts , *QUANTITATIVE research , *DECISION making , *WAGES , *EMOTIONS , *DISCOURSE analysis , *MOTIVATION (Psychology) , *FINANCIAL stress , *ILLEGITIMACY , *RESEARCH , *SOCIAL support , *DATA analysis software , *BETRAYAL , *PRACTICAL politics , *SOCIAL comparison , *COVID-19 pandemic , *NURSING ethics , *COST of living - Abstract
Previous research has established that the success of strikes, and social movements more broadly, depends on their ability to garner support from the public. However, there is scant published research investigating the response of the public to strike action by healthcare workers. In this study, we address this gap through a study of public responses to UK nursing strikes in 2022–2023, using a data set drawn from Twitter of more than 2300 publicly available tweets. We focus on negative tweets, investigating which societal discourses social media users draw on to oppose strike action by nurses. Using a combination of corpus‐based approaches and discourse analysis, we identified five categories of opposition: (i) discourse discrediting nurses; (ii) discourse discrediting strikes by nurses; (iii) discourse on the National Health System; (iv) discourse about the fairness of strikers' demands and (v) discourse about potential harmful impact. Our findings show how social media users operationalise wider societal discourses about the nursing profession (e.g., associations with care, gender, vocation and sacrifice) as well as recent crises such as the Covid‐19 pandemic to justify their opposition. The results also provide valuable insights into misconceptions about nursing, strike action and patient harm, which can inform strategies for public communication. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
35. David Myatt's Imagined Emotionology, his Striving for Authentic Aryan Emotional Communities, and the Dishonourable Wulstan Tedder.
- Author
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Henry, Clive
- Subjects
- *
IDEOLOGY , *AUTHENTICITY (Philosophy) , *DUTY , *ILLEGITIMACY , *VIRTUE , *MODERNITY , *PHYSICAL cosmology ,UNIVERSE - Abstract
During the 1980s and 1990s David Myatt, a British neo-Nazi ideologue, was involved in attempts to establish Aryan enclaves; Myatt's enclave vision imagined a space secluded from the inauthenticity of liberal multicultural modernity where an Aryan folk community could live authentically in accordance with his National-Socialist ideology. This ideology was founded on a cosmology which inextricably interlinked Aryans, the landscape, and the cosmos in a symbiotic relationship. Myatt therefore envisaged rural enclaves established in harmony with Nature, where Aryans could live authentic lives in an authentic community, founded on an imagined emotionology that centred the Aryan virtues of honour, loyalty, and duty. Myatt's legitimacy as an ideologue was largely formed by his vigorous personal adherence to this concept of authentic Aryanism, but this authenticity and legitimacy was tested by Myatt's deliberate tactics of obscuration. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
36. Armand Aubigny's Quest for Legitimacy.
- Author
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Jamil, S. Selina
- Subjects
- *
AMERICAN authors , *RACISM , *IDEOLOGY , *ILLEGITIMACY , *NARCISSISM - Abstract
The article offers literary criticism on Armand Aubigny's psychological turmoil and cruelty in "Désirée's Baby" by Kate Chopin, highlighting his quest for legitimacy and the toxic sociopolitical environment of slavery and racism. Topics include Armand's struggle with his biracial identity, his narcissism, and the impact of racism on his relationships and actions.
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- 2024
- Full Text
- View/download PDF
37. Social Worlds and the Roles of Political Philosophy.
- Author
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Stewart, Andrew
- Subjects
- *
POLITICAL philosophy , *POLITICAL science , *ILLEGITIMACY , *SOCIALISM , *UTOPIAS - Abstract
The term "social world" is increasingly familiar in philosophy and political theory. Rawls uses it quite often, especially in his later works. But there has been little explicit discussion of the term and the idea of social worlds. My aim in this paper is to show that political philosophers, Rawlsian or not, should think seriously about social worlds and the roles these things play and ought to play in their work. The idea of social worlds can help political philosophers think about what they do in new and fruitful ways and enrich debates about the roles, aims, and methodology of political philosophy. I begin by analyzing Rawls's uses of "social world." I then propose a broadly Rawlsian conception of social worlds as logically possible closed networks of social relations between agents. Next, I put this conception to work, arguing that the idea of navigating the landscape of social worlds can help us better understand the four apparently disparate roles of political philosophy that Rawls presents. Moving beyond Rawls interpretation, I use the idea of social worlds to develop an analogy and distinction between world-oriented and principle-oriented approaches to political philosophy. While principle-oriented approaches grant centrality and importance to engagement with principles of justice, legitimacy, or other political concepts, world-oriented approaches grant centrality and importance to engagement with social worlds. I propose two examples of world-oriented approaches, political philosophy as navigation and political philosophy as world-building, and argue that they are viable and worthy of further consideration. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
38. Democratic Policing, Building Trust, and Willingness to Call 911: Examining the Relationship between Law Enforcement Legitimacy and Calling the Police.
- Author
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McLean, Kyle, Miller, Bryan Lee, Pyle, Andrew, and Bauwens, Olivia
- Subjects
CITIZEN crime reporting ,LAW enforcement ,POLICE legitimacy ,ILLEGITIMACY ,TRUST ,POLICE attitudes - Abstract
Recent debates over policing have centered on the proper role of policing in society. Using the lenses of democratic policing and police legitimacy, we suggest that individuals' willingness to call the police is one method for understanding the public's consent to be policed and their view of the appropriate role of policing. This simple relationship is further complicated by differential relationships between willingness to cooperate with the police and four typologies of police legitimacy: trustworthiness, normative alignment, obligation to obey, and traditional legitimacy. Using the pretest and posttest of a survey vignette, we show that (1) individuals who legitimate the police on the basis of their traditional role in society are more likely to call the police for benign issues, (2) officer-involved shootings negatively impact individuals' willingness to call the police, and (3) there is a greater reduction in willingness to call the police following an officer-involved shooting when individuals legitimate the police on the basis of perceived normative alignment. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
39. THE SUPREME COURT AND THE LIMITS OF HUMAN IMPARTIALITY.
- Author
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Sample, James J.
- Subjects
JUDICIAL ethics ,APPELLATE courts ,FAIRNESS ,ILLEGITIMACY - Abstract
The article delves into the systemic shortcomings within the realm of Supreme Court judicial ethics, underscoring the necessity for a comprehensive code of conduct complemented by robust enforcement measures. It elucidates how the erosion of public trust and the legitimacy of the Court stem from these deficiencies. It emphasizes the imperative of preserving the perception of impartiality, the discussion transcends partisan divides.
- Published
- 2024
40. Making Sense of Legitimacy Across Universities: Ecocritical Ontological Perspective.
- Author
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Msweli, Pumela
- Subjects
ECONOMIC development ,ILLEGITIMACY ,ORGANIZATIONAL inertia ,RURAL development - Abstract
This paper reflects on research methodological considerations of how legitimacy of publicly funded universities occurs. From an ecocritical ontological perspective the paper uses a metaphor and sense-making techniques to shed light into effective modalities universities use to connect with local economies. The Milky way Galactic ecosystem metaphor is used not only to make sense of the ecocritical ontological stance taken to make sense of legitimacy but is used as a metaphor to make sense of the findings. The paper asserts that the legitimacy theoretical lens is particularly appropriate to probe universities' legitimacy and connectedness to the local communities they are embedded in. The rationale behind this assertion is that legitimacy is only conferred to the extent the actions of an entity are perceived as desirable, efficient, proper, or appropriate by the ecosystem stakeholders. The theory is thus useful for examining connectedness of publicly funded universities to its local community. The paper argues that the university system that is delinked from local economic development is like a Milky way Galaxy delinked from its Galactic ecosystem. Against this backdrop, the paper juxtaposes Mondragon University, located in a rural part of Northern Spain with two South African universities embedded in poverty stricken rural South Africa. Mondragon University is presented as a hallmark of success when it comes to local community legitimacy. The paper is centered around the following question: (1) how does university legitimacy yield impactful local community outcomes? Using the Milky way Galaxy metaphor, the findings show a considerable variety in local community connectedness depending on bureaucratic arrangements of the universities. The findings also showed that alternative income sources, outside the public purse, just like the gravitational force in the galactic ecosystem, is the key force that determines legitimacy in a university setting. The paper contributes to business research methods by fusing metaphorical as well as sense-making research techniques to bring to sharp focus permeability of the university space to enable local economic development. [ABSTRACT FROM AUTHOR]
- Published
- 2024
41. Book Review: Sex, Gender, and Illegitimacy in the Castilian Noble Family, 1400-1600 by Coolidge, Grace E.
- Author
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Ball, Rachael Irene
- Subjects
- *
ILLEGITIMACY , *GENDER , *FAMILY structure , *NOBILITY (Social class) , *GENEALOGY , *ADULTERY - Abstract
Grace E. Coolidge's book, "Sex, Gender, and Illegitimacy in the Castilian Noble Family, 1400-1600," explores the complex family structures of Spanish noble families during the late Middle Ages and early modern era. Through extensive archival research, Coolidge uncovers the ways in which illegitimate children could be used as tools for dynastic power and reveals the agency exercised by Castilian women. The book also delves into the experiences of illegitimate children themselves, as well as the emotional burdens and complexities faced by noble families. Coolidge's work contributes to our understanding of early modern families, the agency of women, and the flexibility of honor codes in Spain. [Extracted from the article]
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- 2024
- Full Text
- View/download PDF
42. Diagnosing social ills: Theorising social determinants of health as a diagnostic category.
- Author
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Gutin, Iliya
- Subjects
- *
DOCUMENTATION , *HEALTH literacy , *SOCIAL determinants of health , *HEALTH status indicators , *UNEMPLOYMENT , *SOCIAL theory , *ILLEGITIMACY , *LITERACY , *NEEDS assessment , *SOCIOLOGY , *SOCIAL problems , *NOSOLOGY , *POVERTY - Abstract
Medicine, as an institution and discipline, has embraced social determinants of health as a key influence on clinical practice and care. Beyond simply acknowledging their importance, most recent versions of the International Classification of Diseases explicitly codify social determinants as a viable diagnostic category. This diagnostic shift is noteworthy in the United States, where 'Z‐codes' were introduced to facilitate the documentation of illiteracy, unemployment, poverty and other social factors impacting health. Z‐codes hold promise in addressing patients' social needs, but there are likely consequences to medicalising social determinants. In turn, this article provides a critical appraisal of Z‐codes, focussing on the role of diagnoses as both constructive and counterproductive sources of legitimacy, knowledge and responsibility in our collective understanding of health. Diagnosis codes for social determinants are powerful bureaucratic tools for framing and responding to psychosocial risks commensurate with biophysiological symptoms; however, they potentially reinforce beliefs about the centrality of individuals for addressing poor health at the population level. I contend that Z‐codes demonstrate the limited capacity of diagnoses to capture the complex individual and social aetiology of health, and that sociology benefits from looking further 'upstream' to identify the structural forces constraining the scope and utility of diagnoses. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
43. SEEING "THE COURTS": MANAGERIAL JUDGES, EMPTY COURTROOMS, CHAOTIC COURTHOUSES, AND JUDICIAL LEGITIMACY FROM THE 1980S TO THE 2020S.
- Author
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Resnik, Judith
- Subjects
- *
JUDGES , *COURTHOUSES , *ILLEGITIMACY , *SERIOUSNESS (Attitude) - Abstract
From some perspectives, litigation looks vibrant, with frontpage coverage of the U.S. Supreme Court's reconsideration of its precedents and high-profile civil and criminal lawsuits against government officials. Moreover, since the 1980s, the federal judiciary has had an ambitious building program producing dozens of courthouses designed to exemplify the "solemnity, stability, integrity, rigor, and fairness " of adjudication. Such edifices underscore courts ' place in narrations of the United States. Yet the challenges of legitimating government authority, of which judicial actions are a part, have become all the more acute since Managerial Judges was published forty years ago. The world of ordinary litigation is troubled and shrinking, and the disjuncture between judges ' stated goals and their practices has become vivid. Aside from a few aggregations of tens of thousands of cases in "mega" multidistrict litigations (MDLs), filings in the federal courts have flattened and declined to about 240,000 civil cases per year. At both trial and appellate levels, significant percentages of litigants proceed without lawyers; about one-quarter of civil filings and about half of the appeals come from individuals representing themselves. Most circuits have embraced norms of limiting oral arguments and of issuing eighty-five percent of their decisions as non-precedential rulings. Those practices, rendering their work less visible, parallel the lack of transparency of the many managerial decisions at the trial level, where hours on the bench are down to about 320 per year and fewer than one of 100 civil lawsuits ends with a trial All the while, federal courts remain relatively rich in resources and staff as compared to both state and tribal courts and to agencies. Even as filings likewise have fallen, state courts continue to have tens of millions more cases and larger segments of their dockets in which lawyerless litigants are the norm. Many judges are ill-equipped to respond to disputants with limited resources, often in family conflicts or as debtors and tenants who face resourced adversaries. Further, as the focus shifts to web-based resolution mechanisms, little attention is paid to its privatizing features. Providers of online dispute resolution (ODR) have not seen enabling public access as part of the packet of services to promote. Thus, courtroom-based adjudication is becoming increasingly rare. One possibility is that this form of statecraft is failing and the time has come to abandon its aspirations. Yet, as an heir to a political tradition grounded in the due process ideology of governments obligated to make decisions that are not arbitrary, I am not willing to give up the public service of adjudication and on courts as one of many venues to put into practice commitments of equal treatment. To legitimate decisions, judges need to preside over cases in which litigants are able to provide adequate information. This article analyzes the federal judiciary's function as an adjudicatory institution and as an "agency" with its own programmatic agendas. During the last few decades, the federal judiciary has successfully lobbied Congress to create and finance a host of projects, including authorizing judges to centralize cases through multidistrict litigation, to select and appoint adjunct magistrate and bankruptcy judges, and to oversee the design of dozens of new courthouses. Since the 1990s, the federal judiciary has also gathered statistics on and repeatedly raised concerns about the number of self-represented litigants. Yet the judiciary has not generated structural responses, such as a national database on the many district court "pro se " projects and new mechanisms to enlist lawyering and other resources, to enable judges to make principled decisions in those cases. Likewise, while the docket is heavily dependent on the cross-litigant subsidies generated through class actions and MDLs, judges have not crafted methods to mobilize the lawyering resources in those configurations to support litigants within or to shape a robust method of overseeing implementation of the resolutions reached. To date, the federal judiciary has not instituted a mechanism to buffer against allocating adjudicatory resources largely based on litigants' economic wherewithal. Moreover, the federal judiciary, entwined with state and tribal court adjudication, has not joined its counterparts in pressing Congress to provide new streams of funding for all kinds of courts and the people using them. Navigating the political economy of courts producing a crisis of legitimacy requires reorienting the "process due" by revising statutes, doctrine, practices, and rules to respond to an eclectic set of claimants seeking to be heard. "Management" of the people in court does not suffice. [ABSTRACT FROM AUTHOR]
- Published
- 2024
44. Ethics and Health Security in the Australian COVID-19 Context: A Critical Interpretive Literature Review.
- Author
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Fehross, Anson, Pahlman, Kari, and Silva, Diego S.
- Subjects
- *
RISK assessment , *PATIENT safety , *GREY literature , *PATIENTS' rights , *GOVERNMENT agencies , *UNCERTAINTY , *DECISION making , *SYSTEMATIC reviews , *SECURITY systems , *ILLEGITIMACY , *BODY movement , *PUBLIC administration , *COVID-19 - Abstract
Background The concept of "health security" is often used to motivate public health responses, yet the ethical values that underpin this concept remain largely unexamined. The recent Australian responses to COVID-19 serve as an important case study by which we can analyse the pre-existing literature to see what ethical values shaped, and continue to shape, Australia's response. Methods We conducted a critical interpretive literature review of academic and grey literatures within key databases, resulting in 2,220 sources. After screening for duplicates and relevance, we analysed ninety-six sources. Results First, risk and uncertainty are a leading focus, with a heavy concentration on risks to life and health. Second, free movement, safety, and security were recurringly emphasized, albeit narrowly focused upon the safety of the population. Third, legitimacy was a recurring theme, and it is here that discussions of "health security" figured highly. Conclusion Discussions of harm from government and associated official bodies fail to adequately distinguish between various senses of harm. Moreover, while the literature often discusses the balancing of rights, the steps involved in the weighing of these rights is rarely adequately explained and defended. We suggest that decision-makers should endeavour to clearly identify and defend the values undergirding their decisions in the public sphere. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
45. WITHOUT STRONG WATCHDOG INSTITUTIONS: CORRUPTION IS A CANCER.
- Author
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'ARAFA, MOHAMED
- Subjects
CORRUPTION ,ILLEGITIMACY ,PUBLIC interest ,PUBLIC spending ,TAXATION ,PUBLIC sector ,PUBLIC interest groups - Published
- 2024
46. Imparcialidad y demarcación de valores en la actividad científica.
- Author
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Bautista Bengoetxe, Juan
- Subjects
VALUES (Ethics) ,PHILOSOPHY of science ,PRACTICE (Philosophy) ,ILLEGITIMACY ,FAIRNESS - Abstract
Copyright of Revista Iberoamericana de Ciencia, Tecnologia y Sociedad is the property of Centro de Estudios sobre Ciencia, Desarrollo y Educacion Superior 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.)
- Published
- 2024
- Full Text
- View/download PDF
47. Procedural justice and legitimacy of the law in the criminal justice system: a longitudinal study among Dutch detainees.
- Author
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van Hall, Matthias, Dirkzwager, Anja J. E., van der Laan, Peter H., and Nieuwbeerta, Paul
- Subjects
- *
PROCEDURAL justice , *ILLEGITIMACY , *CRIMINAL justice system , *CRIMINAL law , *CITIZENS , *LONGITUDINAL method - Abstract
Procedural justice theory suggests that when authorities in the criminal justice system treat people fairly and respectfully, people will be more likely to view the law and its representing authorities as legitimate. Previous research has largely focused on the association between the procedurally just treatment by a single authority and citizens' legitimacy beliefs. Up until now, it is unknown whether and how multiple criminal justice authorities can encourage individuals' legitimacy beliefs by treating them in a procedurally just manner. Using longitudinal data from the Prison Project, this study examines how procedural justice perceptions experienced during interactions with the police, prison staff, and the judge influence Dutch detainees' legitimacy beliefs about the law. The findings reveal that distinct authorities can strengthen the legitimacy of the law by treating detainees fairly and respectfully. Additionally, our findings shed some light on the process associated with procedural justice and legitimacy throughout the entire criminal justice system. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
48. THE LEGITIMACY TRAP.
- Author
-
RAHIM, ASAD
- Subjects
- *
ILLEGITIMACY , *LAW students , *LAW schools , *TORTS , *LEGAL education - Abstract
Students entering law school today will have an educational experience strikingly similar to that of those who entered in the late 1800s. What will be their required courses? Torts, contracts, civil procedure, property, and criminal law. What will they read? Appellate opinions. How will their professors teach? By deploying the Socratic method. How will they be tested? With a hypo exam. This Article argues that the belief that these practices are the legitimate means by which to teach students "how to think like a lawyer" is based on a fundamental misunderstanding of their origins. The casebook, the 1L curriculum, the Socratic method, and the hypo exam are all entailments of Christopher Langdell's nineteenth-century strategy to elevate the status of law schools by reimagining them as institutions where students would learn to think not like lawyers, but like scientists. Aiming to cash in on the acclaim of Charles Darwin's theory of natural selection, Langdell modeled the study of law after Darwin's study of organisms. Like Darwin, law students would study with an evolutionary eye. The judicial opinion would be their specimen; the classroom, their workshop; and the library, their laboratory. Although initially lambasted by the legal community, the model spread because it was preferred by corporate law firms. White-shoe partners commonly observed that students trained under Langdell's methods did not possess much useful knowledge about the law. However, they believed that the social Darwinism embedded in his model could be exploited to the firms' financial benefit. High failure rates, stressful classroom environments, and a do-ityourself method of study mirrored the "up-or-out" Darwinian culture at corporate law firms. Receipt of a Langdellian education indicated that a young lawyer would be able to endure the grueling life of a junior associate. Partners' preference for students trained under the model transformed Harvard Law from a middling institution to a financial powerhouse whose educational practices would be mimicked by law schools nationwide. Today, law schools aim to be welcoming and inclusive, yet they default to an educational model that was designed to intimidate and exclude. By clinging to centuries-old educational precedent, law schools miseducate future lawyers and maintain stubborn cultures of alienation and anxiety within their halls. This Article identifies key shortcomings of the dominant model of legal education and recommends actions that will allow new models to flourish. [ABSTRACT FROM AUTHOR]
- Published
- 2024
49. Bastard Sugar: Hortense Spillers and Paradoxes of Value in New World Thought.
- Author
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Parsard, Kaneesha Cherelle
- Subjects
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KINSHIP , *VALUES (Ethics) , *ILLEGITIMACY ,BRITISH colonies - Abstract
In the British Empire, bastard is a derogatory term for children born outside of the covenant of marriage, ineligible to inherit either status or property. This essay begins with a scene of research into this figure, and it then turns to investigate an unexpected, puzzling term: bastard sugar, the "impure" sugar left after many boilings. Its brief role in the age of emancipation, and the crisis that emancipation posed for West Indian sugar, raise questions about the relationship between racialization, value, and legitimacy in the New World. Guided by the thought of Hortense Spillers and her interlocutors, the essay concludes that "bastard sugar" showcases the paradoxes of value in financial markets, and as such is the condition of New World thought. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
50. The Influence of Paternal Absence During Childhood on Women's Self-esteem and Self-efficacy: A Perspective Paper.
- Author
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Zhiling Jin
- Subjects
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SELF-esteem in women , *SINGLE-parent families , *ILLEGITIMACY , *CHILDREN in literature , *SOCIAL learning , *SELF-esteem - Abstract
This paper explores the potential impact of paternal absence on women during their childhood by examining literature and contemporary theories. Paternal absence refers to children lacking paternal love and care due to factors such as illegitimate birth, divorce, or death. In today's society, diverse marriage concepts have led to an increase in single-parent families, resulting in a growing prevalence of paternal absence. This paper comprehensively examines the influence of paternal absence on female selfesteem using theoretical frameworks from psychoanalysis, social learning, social comparison, cognitive development, and attachment. Additionally, it highlights the significance of fathers' presence during childhood in establishing women's sense of competence through Bandura's concept of self-efficacy. The results of the study revealed that the absence of a father figure may exert detrimental effects on women's self-perception, interpersonal bonding, and development of emotional and creative competence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
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