Criteria Of Legitimacy Research Articles

Legitimacy, self-determination, and conditional cooperators

ABSTRACT This article critically examines the account of collective self-determination and state legitimacy developed by Stilz in her book. Central to this account is the idea that for a state to be legitimate it must reflect the shared will of the people over which it governs. I argue that the normative taxonomy Stilz employs to develop this criterion of legitimacy ignores the possibility of conditional cooperators: groups who are alienated from society due to the injustices they experience but are willing to affirm their participation in state institutions if these injustices are rectified. I then demonstrate that since there are no grounds for discounting the dissent of conditional cooperators, their presence significantly increases the threshold for state legitimacy that follows from Stilz’s theory. As a result, Stilz is forced to abandon her claim that basically just states generally enjoy a qualified ‘right to do wrong’.

Opposing Laws with Religious Reasons

Opposing Laws with Religious Reasons

The Global Politics of Anti-Racism: A View from the Canal Zone

Abstract During World War II, when Axis theories of racial supremacy became purported antonyms to Allied values, leaders of “non-white” countries gained a new framework for challenging a global order grounded in racialized notions of fitness for self-government. But the story is more complex than a sole focus on the international sphere allows, as those leaders who adopted anti-racist rhetoric to challenge their disadvantaged position in international politics were sometimes architects of racial hierarchy at home. This article examines how anti-racist struggles within Panama and the Canal Zone mapped onto the anti-imperialist project of a racist Panamanian state. Scholars of race and international relations have highlighted the challenges that anti-imperialist struggles posed to racialized criteria for international legitimacy, on the one hand, and the impact of geopolitical conflict on domestic struggles for racial equality, on the other. The view from the Canal Zone reveals the interplay between those two phenomena. Foregrounding Latin America in a history of the global politics of anti-racism precludes escape into binary visions of a world divided between colonizers and colonized, a racist Global North and an anti-racist Global South, or a tidy color line that splits humanity in two.

LEGITIMACY CRISIS IN BANGLADESH: A CASE STUDY OF 10th GENERAL ELECTION

Method of an election, the participation of voters and political parties to the election without barriers, conducting a free and fair election, credibility of election’s result, as well as legitimacy of the government, are one of the arguable issues in Bangladeshi politics. The 10 th general election in Bangladesh was held on 05 January 2014 with the lack of all of the criteria of legitimacy. The ruling Bangladesh Awami League (BAL) government was accused to use all possible ways to prevent the opposition political parties from participating the election as a result Bangladesh Nationalist Party (BNP) led opposition political parties boycotted the national election in the issue of caretaker government (CTG) and the BAL came in power again without any competition. The majority of parliament members (MPs) were elected without any contest, voters’ turnout was about 22.66%, a lot of polling centers were empty, a large number of opposition party leaders and candidates were arrested, and many people died in the clash. Local and International experts, observers, and donor agencies expressed their dissatisfaction with the credibility of the election although the ruling party claimed the election was free and fair. The BAL government had faced a legitimacy crisis both at home and abroad. From 2014 to 2018 Bangladesh had missed all norms of democracy practically but formally it was a “democratic regime”! The main question of the research is how the 2014 national election made the BAL govt. illegitimate? For this study the data was collected from both primary and secondary sources what includes books, articles, newspapers, periodicals, statements of the political parties; statements of the various election observers’ organizations as well as Non-Governmental Organizations (NGOs) both national and international. The current paper has designed with three parts. The introductory part decorated with the conceptual framework and literature review. The second part tried to give a clear picture of the 2014 national election. This part explained how the 2014 national election made the BAL govt. illegitimate and why it was a step of one-party rule. The third part concluded with some findings. Article visualizations:

A critical evaluation of the effectiveness and legitimacy of webblocking injunctions

ABSTRACTRelative to the dual criteria of effectiveness and legitimacy, this article evaluates webblocking injunctions in the context of intellectual property law and with a particular focus on the vanguard role played by the English Courts. With regard to the first criterion, it is argued that there is reason to think that webblocking injunctions are viewed by IP owners as well as by legislators and courts as a relatively effective instrument in the protection of IP assets. Moreover, the extension of webblocking orders to trade marks together with their adoption in a number of legal systems, is further evidence that these orders, if not a silver bullet, at least have some utility. With regard to the second criterion, it is argued that the legitimacy of these orders is underwritten by both domestic and European legislation together with a jurisprudence that insists on the balancing of rights and a proportionate use of the orders.

The Influencer Republic: Monetizing Political Speech on Social Media

Political speech enjoys the highest degree of protection by national constitutions as well as supranational and international charters (e.g. ECHR). Unlike commercial speech which, in some cases, does not enjoy constitutional protection, political speech is the foundation of constitutional democracies. The blurring line between political and commercial speech introduces a new layer of complexity in tackling hidden political advertising. Indeed, political speech is likely to attract commercial speech inside a broader scope of protection with the result that potential limitations of this kind of speech (e.g. regulation) would be required to pass a very strict test through the balance with other constitutional safeguards or legitimate interests according to the criteria of necessity, legitimacy and proportionality. This could also question the scope of other regulation designed to govern commercial speech like advertising. This paper addresses the specific challenges arising from the monetization of political speech on social media, and propose a normative argument to extend consumer disclosures to political speech. To this end, the paper compares regulatory and judicial interpretations adopted in Europe and the United States, and is structured as follows. In the first part, we explore the content monetization business models (including influencer marketing) used on social media, and we identify three types of influencer ‘personas’ who are prone to engage in political speech. The second part looks into the constitutional differences between commercial and political speech across the Atlantic. The third part provides the normative argument at the intersection between consumer law and freedom of expression, and the fourth part concludes.

The politics of “usable” knowledge: examining the development of climate services in Tanzania

The field of climate services has arisen rapidly out of a desire to enable climate science to meet the information needs of society to respond to climate variability and change. In order for knowledge to be “usable” for decision-making, in the field of climate adaptation and beyond, it must meet the criteria of credibility, salience, and legitimacy (Cash et al., PNAS 100:8086–8091, 2003). Deliberate “co-production” of knowledge between “producers” and “users” has the potential to increase usability for decision-making and policy in some contexts. While co-production is increasingly advanced as an instrumental approach to facilitate the production of usable climate services, such efforts have paid scant attention to the role of power relations. In this article, we bring together literature on normative approaches to co-production—which treats co-production as an instrumental means to an end—with analytical interpretations of co-production within the field of Science and Technology Studies to examine efforts to develop usable climate services in Tanzania. We show that without reflexive processes that are explicitly attentive to power dynamics, normative co-production within climate services development can serve to reinforce, rather than overcome, power imbalances among actors.

Tracing the (Un)holy Trinity of Legitimacy: A Longitudinal Study of the Legitimation of Torture

How was it possible that one of America’s most prominent government agencies resorted to torture when interrogating terror suspects in the 2000s? And how is it possible that torture continues to be discussed and practiced as a legitimate means to acquire information? We address these questions by conducting a longitudinal case study of the CIA’s Detention and Interrogation Program. Drawing on rich archival data, we show how the advocates of torture mobilized the desirable ends of national security to justify a hitherto illegitimate means. By doing so, advocates were able to mobilize support by experts, to stifle the sway of moral principles, and to recategorize torture as efficient, “enhanced” and thus legitimate interrogation techniques. While our study draws on an unconventional setting, it has critical implications for organization theory. Specifically, our research elucidates that legitimacy is grounded in different legitimacy criteria (consequential, principle-based, and regulatory) which constitute a dynamic configuration of mutually dependent relationships. In our context, key actors within the CIA employed a set of strategies (validation, recategorization, and theorization) to construe torture as legitimate. Conceptualizing legitimacy as the strategic balancing of different criteria adds depth and nuance to existing legitimacy research which previously has assumed that legitimacy criteria are fixed and audience-specific.

The Influence of Individual Legitimacy-Building Factors and Gender on Funding in Accelerators

As a perception of external audience members, organizational legitimacy is a relatively unobservable construct but can be indirectly inferred through the actions taken by external stakeholders. Despite the growing body of research around new venture legitimacy, there has been limited investigation into individual-level founder legitimacy. This research study sought to understand whether individual-level, legitimacy-building factors affect female-led ventures differently than male-led ventures by looking at how gender moderates the relationship between individual legitimacy indicators (e.g., age, entrepreneurial experience, and education) and organizational legitimacy, signaled through outside equity investment. Secondary data collected from accelerator programs was utilized to conduct this analysis. Since equity financing is a key benefit of accelerator programs, these programs provided a useful context to test how gender interacts with founder legitimacy to influence outside equity investment. The results revealed that gender significantly interacts with both age and education to influence outside equity investment. Female founders benefitted by being younger and having more education, whereas male founders benefitted by being older and having less education, suggesting that females and males are judged differently against legitimacy criteria.

THE DUALISM OF THE SUPREME COURT’S DECISIONS ON THE POSITION OF NON-MARITAL CHILD

Since the birth of the Constitutional Court Decision Number 46/PUU-VIII/2010, the legal experts have discussed the positions of marriage children through articles, papers, books and seminars, pros and cons when interpreting the non-marital child, judges also gave birth to many interpretations. The Supreme Court (MA) has two views in adjudicating the marriage case, Supreme Court Decision Number 329 K/AG/2014 states that the ratification of an unmarried child is not a jurisdiction of the Religious Courts, whereas in Decision of Supreme Court Number 597 K/AG/2015 states that the non-marital children are legitimate even though the marriage of their parents only carries out marriage under Islamic law. The formulation of the problem is how the criteria of marital legitimacy in Indonesia? How is the outsider interpretation of the two Supreme Court decisions? The research method used is literature study, with the type of normative legal research, which is descriptive analytical. The conclusion is that in Supreme Court Decision Number 329 K/AG/2014 considered the marriage to be legitimately religious, but because it is not recorded so that the marriage does not get the certainty and protection of the law, consequently the child born from the marriage is not a legal child, whereas in Decision Number 597 K/AG/2015 The Supreme Court considers that although the marriage is not recorded, the child born from the marriage must still have legal certainty and protection so that the child is considered a legal child.

Legitimacy, metacoordination and context-dependence

AbstractThis paper argues that the process of deriving legitimacy criteria for political institutions ought to be sensitive to features of the political context in which that process is to occur. The paper builds on Allen Buchanan’s ‘Metacoordination View’ of legitimacy, which we explicate in the first section. While sympathetic to Buchanan’s practical approach, we believe the idea of a metacoordination process to be underspecified across two dimensions, which we explain in the second section: (i) constituency and (ii) normativity. Both dimensions admit of differing specifications. In the third section, we suggest that how best to fill in these dimensions in any one instance depends upon the political context in which the metacoordination process is to occur. We highlight three relevant elements of a political decision context – criticality, institutional time point, and motivational landscape – and illustrate their significance by way of reference, respectively, to the World Health Organization, the European Economic and Monetary Union, and the Bank of International Settlements. The ‘context-dependence’ of the metacoordination process, and therefore of legitimacy, entails the possibility that institutions that are similar, even identical, in terms of their nature and function may nevertheless be held to differing legitimacy criteria in differing political contexts.

Real Indians: Policing or Protecting Authentic Indigenous Identity?

Research shows that the institutionalization of legitimacy criteria has created contested meanings of being indigenous to the United States, which leads to an unrelenting debate about authentic indigeneity among indigenous people and between indigenous communities. While instituted through colonizing federal Indian policy, the “real Indian” trope is now a social fact for American Indians. Thus, indigeneity claims commonly encounter resistance in the United States, even within indigenous communities. This work explores how indigeneity claims encounter opposition at interpersonal and group levels and the consequences of authenticity policing. I ask two guiding questions: What authenticity markers hold the most value for American Indians? How do American Indians justify authenticity policing? Using a qualitative approach and an indigenous epistemology, I examine the phenomenon of internalizing the real Indian trope and the impact of policing authenticity through conversations with 45 indigenous people. I find that achieving authenticity is elusive because of its dynamic nature within the local specificity of social contexts. I present and discuss two major signifiers of American Indian identity and major sites of authenticity contestation: (1) blood as protection, culture, and belonging, and (2) Indian cards as protection, responsibility, and belonging.

Research priority setting in food and health domain: European stakeholder beliefs about legitimacy criteria and processes

Dietary factors are the most important risk factors affecting health and well-being of population in every Member State of the European Region. Finding sustainable solutions to the food and health challenges is one of the key issues that today’s society urgently needs to address. Research prioritisation thus has an essential role in directing public resources to addressing these challenges. However, the processes of prioritisation among the food and health funders are rarely subject to scrutiny and the calls for democratizing science continue, as a means of enhancing both input legitimacy (with its focus on the processes of decision-making) and output legitimacy (the utility and impact of such decisions). The current study examines what conceptualisations of legitimacy (input and output) are held by the European stakeholders of the food and health research and innovation (R&I) process such as business organisations, non-governmental organisations (NGOs) and public sector organisations. We analyse stakeholder views from a series of European Awareness Scenario Workshops across nine EU countries (N = 295). The content and thematic analysis of the outputs identified six criteria determining conceptualisations of legitimacy: Influence; Representation; Procedural issues; Epistemic focus; Strategic vision; and Impact. The statistical analysis of the coded data highlighted stakeholder differences with business sector organisations being significantly less concerned about influence and representation than either NGO or public sector organisations. The results indicate that input legitimacy is of major concern to civil society and public sector actors. They reflect the wider debate about the way in which food and health R&I should be funded and policy decisions conducted, suggesting a need for better delineation of stakeholder roles and power differentials in this process. The findings are discussed with reference to the current discussions about Responsible Research and Innovation.

PERSPECTIVAS SOBRE A RELAÇÃO ENTRE DIREITO E MORALIDADE: BREVÍSSIMOS APONTAMENTOS

This article focuses on the relationship between law and morality. It aims to discuss, briefly and concisely about the way in which the positivist and non-positivist legal currents qualify the relationship between those regulatory fields. In this vein, while the positivist thesis support the independence of the moral and legal fields, ie, the legal normativity has its validity assured due to formal criteria of validity and social effectiveness, non-positivist theories argue sometimes a relationship of dependency, now a complementary relationship with the law. The theme is in one of the leading and oldest problems for the concept of law. Dating back to classical antiquity and remains present in the controversy over the criteria of validity and legitimacy of the rule of law.

As Comunidades: Memória Viva das Democracias

A democracia não se mantém e não se regenera sem um ethos público amplamente partilhado que dá vida a regras e instituições no corpo de uma cultura política, dá coesão social e dá responsabilidade pessoal e coletiva. O ethos público não se mantém e não se regenera fora de tradições culturais, religiosas e axiológicas em que se transmitem e se reproduzem códigos simbólicos e identitários eficazes a nível individual e coletivo. As tradições não se mantêm e não se regeneram apenas em termos de processamento individual, precisando de comunidades de práticas, – epistémicas, de valores, de crença - para se instalar socialmente. A tensão entre o pluralismo axiológico e cultural de que as comunidades são portadoras e a convergência num ethos comum, necessária à democracia, é discutida neste artigo à luz da força universalizadora do princípio de inclusão, como critério de legitimação da pertença comunitária, que filtra normativamente critérios axiológicos inerentes às tradições, incompatíveis com a função social de inclusão. Com o princípio de inclusão, como expressão comunitária da noção fundadora da dignidade humana que complementa a sua formulação no plano individual, temos uma categoria básica adicional de articulação da diferença e a necessária interação entre critérios de legitimidade definidos pela comunidade política (as leis) e os critérios de legitimidade definidos pelas comunidades religiosas, epistémicas, valoriais. Na peça de Sófocles, Antígona, encontramos um testemunho tão antigo quão atual do necessário mútuo reconhecimento entre estas duas ordens de legitimidade, cuja contraposição leva à tragédia da pública desordem ética e à crise da democracia

Procesos de trabajo, normas de de calidad y participación sindical en la producción industrial uruguaya.

The article focuses on the study of forms of work participation and the construction of the legitimacy of quality standards in different companies of the chemical and food industry in Uruguay. In the work, the results of the qualitative analysis conducted through interviews in four dimensions are discussed i) the relationship between quality standards and innovation ii) the relationship between competencies and organizational learning iii) the discussion around the criteria of legitimacy of the quality standards; and iv) worker participation and cooperation. The conclusions of the work are that the quality standards, although they do not substantially modify the Taylorist production matrix, constitute a form of technification of the labor process superior to that implemented in the classic forms of work organization of the import substitution industries, promote the development of more universal criteria for the evaluation of work and, in some cases, the possibilities of introducing re-Taylorization processes that, in any case, constitute more adequate forms than traditional paternalistic models.

The Constructivist Turn in Political Representation and its Challenges to Democratic Legitimacy: Lessons from Participatory Institutions in Brazil

ABSTRACTThe goal of the article is to review Saward’s constructivist model by examining his broad view of legitimacy from the perspective of a particular experience, namely, the Participatory Institutions in Brazil. Participatory institutions highlight two flaws in Saward’s account of legitimacy based on acceptance: the differences in the process of legitimation depending on where social actors present their claims and the paradox between control and decisiveness. First, civil society representatives operate inside the state structures, navigate in multiple spaces and have to interact with a diversity of actors: the affected public, other non-electoral representatives, and governmental actors. The legitimation process in participatory institutions depends profoundly on the interconnections among actors and spaces, which have the potential to obfuscate conditions of acceptance. I propose to adopt an interactive criteria of legitimacy based on systemic engagement of the represented. Second, participatory institutions highlight the paradox between constituencies’ control and the representativés need to be decisive, demonstrating the limits of the constituencies’ provisional acceptability throughout time. I argue that it is important to consider the trade-offs between control and decisiveness, asking how the influence of representatives on policy decisions conflicts with their need to nurture a continuous relationship with the constituency.

Solitary, merge or collaborate. Determinants of collaboration of elderly care organizations: a case survey approach

Introduction : Traditionally, elderly care organizations play a pivotal role in integrating care for an ageing population, but recently this role has been challenged due to competition from other service providers, such as for-profit organizations, hospitals, home- and primary care organizations. In addition, the increasing complexity of current health care, combined with ageing and housing issues as well as rising co-morbidity in Belgium leads to a rising demand for collaboration. Not only do elderly care organizations have to deal with more and more tasks that are unique, but also are resources distributed across various service providers. As such, elderly care organizations are moving slowly from managing mainly physical assets such as housing facilities towards more intellectual and relational capacities and treatment services resulting into shared service centers and tailor-made health and social care solutions. Theory/methods : Although a number of factors have been proposed how to integrate health- and social care service delivery, collaboration pervades most discussions. We argue in this article that elderly care organizations follow a combination of three underlying strategic motives based on effectiveness, efficiency and legitimacy criteria to make a conscious, intentional decision to establish a relationship with other organizations for explicitly formulated purposes. We conceptualize these relationships as three ideal types: solitary, merger or collaboration and propose that the presence or absence of these types is explained by a combination of the changing nature in the task, the organizational configuration and its interdependency on others in the external environment. The article presents a case survey approach of 18 elderly care organizations. Data were collected in a five months period of time by using semi-structured interviews of key representatives and a survey. In addition, five workshops were organized and secondary data on elderly care organizations was collected. We applied Fuzzy-Set Qualitative Comparative analysis to analyze what, if any, combination of determinants explains whether elderly care organizations act solitary, merge or collaborate. Results, conclusion and discussion : Implications of the findings for elderly care organizations are discussed in light of the rising health care issues and increasing competition in Flanders Belgium. In particular, we are interested in which combinatory recipes, if any, of task, organizational configuration, and interdependency explain the presence or absence of a particular ideal type of collaboration. Furthermore, future recommendations are presented to further the development of how elderly care organizations can deal with their changing role in the healthcare system.

Political legitimacy and research ethics.

In democratic theory, "legitimacy" refers to the set of conditions that must be in place in order for the claims to authority of somebody to be deemed appropriate, and for their claims to compliance to be warranted. Though criteria of legitimacy have been elaborated in the context of democratic states, there is no reason for them not to be drawn up, with appropriate amendments, for other kinds of authority structures. This paper examines the claims to authority made over researchers by international bodies governing research ethics, who exercise their authority by the research ethics guidelines they produce (including recent revisions to the Declaration of Helsinki and CIOMS Guidelines). We argue that discussions of such bodies and sets of guidelines often elide questions of justification and questions of legitimacy, and that the grounds that might allow us to mount a strong case for the latter are at present sorely underdeveloped.

Changing Criteria for Internal Legitimacy and the Internationalization Process

We study the dynamics of internal legitimacy within a multinational corporation (MNC). Particularly, how changing criteria for internal legitimacy affect the internationalization process of a state...