Issues Of Legitimacy Research Articles

Prawomocność w kontekście globalnej rzeczywistości instytucji władzy i współczesnych uwarunkowań polityki międzynarodowej

This article presents the issues of legitimacy, particularly concerning the global reality of the institution of power in the context of present-day conditions of international politics, with particular emphasis on fragile states functioning mainly in the area of the contemporary “Third World”. The legality and legitimacy of power analyzed here undoubtedly have significant implications for the internal politics of fragile states, regional good neighborly relations, and international politics, particularly in the context of the global security strategy. This article examines the above issues primarily in the context of policy theory. As a result, several research questions arise: to what extent and how does legitimacy affect the effectiveness of the political strategies used by the authorities? Are other factors and stimulators of political commitment also taken into account? What is the importance of legitimacy in the context of the complex conditions of the politically and economically ineffective fragile state? Is legitimacy, apart from the moral and ideological dimension, significant in the destabilized reality of the weak political and economic structures of a failing state? The analysis, in this way, makes it possible to interpret and present many important factors for which the concept of the legitimacy of power plays a significant role in reflecting on the geopolitical determinants of fragile states in contemporary international relations.

COVID-19 and the Data Governance Gap

The COVID-19 pandemic has highlighted many complexities involved in using data and advanced technologies to help resolve public health emergencies. These complexities highlight the need to embrace a broader framework of data governance with three foundational questions: ( a) who decides about data flows, ( b) on what basis, and ( c) with what accountability and oversight. These questions can accommodate the issues that have arisen in the literature regarding new types of data harms. However, these questions also foreground important issues of power, authority, and legitimacy. Data governance can provide an organizing normative framework to address emerging data themes including access to data, collective decision making, data intermediaries, data sovereignty, design and digital infrastructure, regulatory technologies, the rule of law, and social trust and license. The pandemic experience with contact tracing apps, in particular, showed the many unresolved governance challenges.

Legitimacy of Non-Formal Constitutional Reforms and Restrictions on Constitutionalism

Non-formal constitutional change through legislative and judicial interpretation raises issues of legitimacy, and restrictions on non-formal changes can be made. This research aims to determine the legitimacy and explore the limitations of non-formal constitutional changes. This research uses normative legal methods with statutory, conceptual and case approaches. The results show that the legitimacy of non-formal constitutional changes is measured based on procedural legitimacy; that is, non-formal changes must be based on authority, and these changes do not affect the meaning of the Constitution as a whole. It is also measured based on substantial legitimacy; namely, non-formal changes to protect human rights. The limitation on changing the non-formal constitution is based on the main substance, which cannot be changed through non-formal changes such as constitutional structure, human rights, restrictions on authority and restrictions based on the moral constitution of the oath of office to implement and enforce the constitution.

SLMAS: A Secure and Light Weight Mutual Authentication Scheme for the Smart Wheelchair

The modern innovation called the Internet of Things (IoT) empowers individuals to connect to anybody and anything at any point, wherever. The application of the IoT in smart cities concerning smart healthcare management can improve patient welfare, user acceptance, the standard of living, and accurate illness monitoring. Powered wheelchairs (PW) with sensors, computers, and other connected assistive technologies are called smart wheelchairs. Smart wheelchairs with sensing abilities are intended to offer universal connectivity using cloud and edge computing technology. Numerous outstanding people were impacted by paralyzing phenomena, including Stephen Hawking and Max Brito. The issue of legitimacy is one of the most important difficulties in e-health applications, because of how sensitive the technology is, and this needs to be appropriately handled. To safeguard the data transport, usage, and interchange between sensor nodes/smart wheelchairs and servers, e-health applications require an authentication method. As all conversations use wireless channels, e-health apps are exposed to various vulnerabilities. Additionally, the IoT has limited computational and power capacity limitations. To combat the various security risks, the present research offers a user authentication technique that is efficient and ensures anonymity. The suggested method creates a safe connection for the authorized entity and forbids unauthorized entities from accessing the Internet of Things sensor nodes. The suggested approach has lower communication and computation overheads than the traditional techniques, making it more effective. In addition, the security verification of the presented protocol is scrutinized through AVISPA. The proposed scheme, on average, requires only 12.4% more computation cost to execute. Compared to the existing approaches, the suggested protocol’s extra computational cost can be compensated for by its enhanced security, while the suggested method’s communication cost is 46.3% smaller.

Legal Status of Land Rights of the Former Eigendom Verponding After the Issuance of the Conversion Rules

Beginning on September 24, 1960, there were not any more western freedoms and standard terrains. The organization no longer exists while the freedoms have been changed over by the BAL into one of the new privileges. In such manner, beginning in 1961 there could have been as of now not any land that its arrangements could be dependent upon European Verponding, Indonesian Verponding, and Lanrente or Land Expense. The assessment endorsements that existed and were held by individuals around then and were not detailed for substitution of new privileges under the UUPA, were still as Eigendom Verponding. In any case, in all actuality, there are still holders of land privileges who after September 24, 1980, still have confirmation of responsibility for freedoms as western privileges and standard freedoms that poor person been changed over, which will create legitimate issues assuming that these are not directed in regulation. To expect lawful issues that emerge because of changes in guidelines in the land area, the public authority through transformation guidelines reaffirmed the lapse of privileges to the place that is known for beginning of the Change of Western Freedoms on September 24, 1980, which is likewise the standard framed in the BAL., to end the legitimacy of the excess Western privileges to land in Indonesia with every one of attributes are not by Pancasila and the 1945 Constitution

Challenges in Implementing Moral Legitimacy in Supply Chain Performance of Crop Production SMEs in Zimbabwe

Globally there is rising pressure in modern SMEs businesses to make sure or ascertain improved moral standards in the supply chains operations on the grounds of sustainability, competitiveness, and growth in the face of the constantly changing global supply chains. In SMEs in crop production in Zimbabwe, are exposed to tremendous challenges in the implementation of moral legitimacy in the day-to-day working in their operations, in the most effective, efficient, and most economic possible manner to improve performance. The goal of the article is to identify, describe and evaluate challenges faced in crop production by SMEs in Zimbabwe settings and also in the context of strengthening and improving their supply chain performance. SPSS v 20 was employed to analyse quantitative data. Surveys were conducted to gather data using questionnaires using five-point Likert scale. Sample size of 105 SMEs in crop production SMEs from Harare Central Business District was utilized in the study to measure and analyze factors interdicting moral legitimacy implementation in crop production SMEs chain to improve responsiveness, efficiency, and effectiveness in their value chains. Descriptive data were utilized to explicate how respondents were associated with moral legitimacy issues in supply chain performance. SMEs crop production, just like most business enterprises could not afford to disregard business moral practices. Many crop production SMEs business failures are as the result of a lack of moral legitimacy practices, especially those associated with employees, internal processes, environmental impact, product footprint, and top management. The article aims to contribute to the already existing body of literature on the moral practices of SMEs in developing countries. As such, SME owners and managers will find it useful to utilize the findings of this article to design policy frameworks and guidelines to improve organization reputations, productivity, competitiveness, and sustainability.

Discursive challenges: Power, state legitimacy and counter‐narratives in the Arab world

AbstractThe three articles in this special section address several processes of legitimisation in the contemporary Arab World. They provide compelling insights into why Islamist movements moderate, how alternative political orders arise in response to issues of state legitimacy and the ways in which regional and international actors legitimise their involvement in Middle Eastern conflicts. Unifying the three articles is a motivation to understand processes of legitimacy, sectarian identity and discourse, in the power vacuum following the Iraq War of 2003 and the Arab Spring of 2011. These seismic regional events have created a wave of identity entrepreneurs, who have pragmatically attached themselves to concepts of Islam, sect and democracy, in order to solidify their hold on legitimacy and power.

A comprehensive framework for feasibility of CCUS deployment: A meta-review of literature on factors impacting CCUS deployment

Carbon capture, utilisation and storage (CCUS) has gained prominence as one of a suite of technologies needed for mitigating the urgent threat posed by climate change. Despite the significance of CCUS technologies to a multitude of climate mitigation scenarios, research has identified a series of challenges to deployment, ranging from cost overruns and technical failures to public opposition. Research has widely documented the range of techno-economic challenges impacting the feasibility of individual technologies. However, a growing body of research calls for the feasibility of CCUS to be assessed more holistically, with greater focus on systemic, societal and other non-technical issues. Through a meta-review of 22 recent multidisciplinary review papers on CCUS, we identify and explore a comprehensive set of challenges impacting CCUS deployment. The results show a continued focus on the techno-economic dimensions within literature. However, the meta-review also unfolds a series of issues receiving less attention in literature, from organisational and environmental challenges to issues of legitimacy. Overall, this paper contributes to a broader understanding of the critical challenges facing CCUS projects in the coming decade and provides a framework for a more holistic assessment of climate mitigation technologies such as CCUS.

Legitimizing political power from below. A reinterpretation of the founding myths of Thebes, Athens, and Rome as a critique against private and public violence

What do we mean when affirming ‘the powerful return of the state’? Do we have in mind the jus ad bellum employed by aggressive states, or are we thinking of the duties that a state has towards its citizens? Starting from these questions, this article aims to reconceptualize the issue of the political legitimacy of a state by reconsidering the relationship between power and violence. Among other forms of emergencies and violence, then, a legitimate state needs to be capable of responding to gender-based (sexual and domestic) violence. To reinforce my suggestion, I will reinterpret some Greek and Roman myths related to the founding of cities (Thebes, Athens and Rome). Through these myths, we will be able to illustrate, in particular, the necessity for a state to be capable of combating both public and private violence, reframing the notion of nemesis (as a fate that can be changed by descendants) and fear (as a status that can be stopped in the present).

Tell me who your contacts are, or what can we learn from standard setting in the context of COVID-19 tracing apps

At the beginning of the pandemic, digital contact tracing was a much-hoped-for initiative that spurred a myriad of apps. Despite a great theoretical promise, however, the tool fell short of significant impact and, essentially, came to nothing. The technological development effort has attracted much scholarly and media attention and coverage. This article seeks to contribute to this growing body of knowledge by approaching the topic from a largely unexplored perspective. It examines the emergence of digital contact tracing as a standard setting exercise, focusing on key actors, processes of technical specification development and data protection assessment of technological choices. It also explores the governance attributes of standard settings from the perspective of data protection law. Given a potential of a technical standard to act as a regulatory means, it is proposed that the governance and legitimacy issues should receive much more consideration. It is believed that for a technical solution to stand the competition for a regulatory share and succeed in the future, the values of inclusiveness, transparency, accountability and openness should be meaningfully internalised in the very process of its development.

Small Wins through Inducement Prizes: Introducing Challenge-Oriented Regional Prizes (CORP)

There is an emerging consensus that innovation policies must be geared towards solving societal challenges. The policy complexity of the third generation of innovation policy (TGIP), however, puts less-developed European regions at risk of being left behind from this novel policy paradigm due to lower institutional and governance capacities. Building on the concept of a small wins strategy that focuses on small-scale and bottom-up initiatives that are guided by a shared mission to address wicked problems, the article’s methodology uses expert interviews, examples of challenge prizes, and desk research to explore whether inducement prizes can potentially engage less-developed regions (LDRs) in TGIP to address place-based societal challenges through a small wins strategy. The article introduces the concept of a challenge-oriented regional prize (CORP) as a stepping-stone policy tool to engage LDRs in TGIP through a small wins strategy, namely regarding issues of directionality, legitimacy, responsibility, and strategic orientation. CORPs are, however, not a silver bullet policy tool for LDRs to engage in TGIPs due to their design and implementation constraints.

THE CENTRAL BANK’S POLICY JUSTIFICATION IN MITIGATING CLIMATE CHANGE

In recent years, increasing awareness of the impact of climate change has attracted the attention of central banks in a number of countries. Under their authority, some central banks have started to formulate “green policies.” These green policies include a green version of quantitative easing, buying green bonds in order to support the growth of environmentally friendly financial institutions, and imposing restrictions or prohibitions on non-environmentally friendly industry lending by banks. Bank Indonesia itself is starting to explore banking policies that are more environmentally friendly, one of which is by managing financial instruments in a sustainable manner and providing green incentives. This raises unavoidable questions about the legitimacy of Bank Indonesia’s promulgation of these environmentally friendly bankingpolicies and the issues of independence, accountability and legitimacy that accompany them. This research found that green finance policies were adopted by Bank Indonesia due to its flexibility and/or independence in deploying various policy instruments, the expansion of Bank Indonesia’s mandate to maintain financial system stability, institutional relationships, and involvement in various green financial forums. However, further discussion shows that this expansion of its mandate simultaneously affects the independence of the central bank leading to issues surrounding the accountability and even legitimacy of the central bank

Легитимность права: целевые и ценностные критерии

Purpose: it is noted that today the ratio of legitimacy and legality is the social regulator that determines the main issues in the theory of law, and the legitimation process itself is directly related to the legitimacy of the law-forming will and, as a result, the forms of law. The transformation of approaches to legal understanding has significantly influenced both approaches to the legitimacy of law and the criteria for determining the legitimacy of law. A special role is played by various methods of social and legal discourse, which are presented in a political aspect in a combination of various types of democracies. Issues of legitimacy are considered directly with such legal categories as the validity of law, recognition of law, justice in law. In this regard, it becomes necessary to consider the opinion that legitimacy is a fundamental characteristic of law and public authority. Hence, the recognized legal prescriptions, observed not under compulsion, become a positive regulator, the law is recognized (accepted), and its prescriptions are not perceived by the society as unusual, alien. Despite this, legislation a priori remains the main regulator of social relations (lawmaking is all focused on lawmaking, as a narrower phenomenon of legal reality), therefore the flexibility and pliability of the legislator is one of the important criteria for the legitimacy of law, the source of which is the state will and the form of which then becomes normative. Act. Methodology: general and particular scientific methods: logical, functional, formal-legal, synergetic; used such techniques as description, analysis, generalization, abstraction. Conclusions: the legitimacy of law cannot and should not be reduced to the effectiveness of law alone. The legitimacy of law must be realized through the absolute recognition and voluntary observance of legal norms through a balance of restrictions. Scientific and practical significance: the conducted research allows us to talk about legitimacy, exploring the problems of the validity of the legal norm. Thus, the reality, legitimacy of law in society is considered by the correspondence of the norms of law (emerging legal relations) to real needs and interests. Relations that have actually arisen must comply with legal requirements and be systematically observed, in turn, the requirements themselves must optimally reflect legitimate interests.

Immune system and epigenomics under the light of spirituality/religiosity

Introduction: In the scenario of spirituality, immunity, and health, psychological science is considering spirituality/ religiosity (S/R) as a legitimate issue in understanding the human experience, as it can reduce pro-inflammatory cytokines, aberrant DNA methylation, and strengthen immunity. Objective: It was to evaluate the results of clinical studies that addressed the influence of spirituality/ religiosity on the human immune system, gene expression, and health in general. Methods: The systematic review rules of the PRISMA Platform were followed. The search was carried out from October to December 2022 in the Scopus, PubMed, Science Direct, Scielo, and Google Scholar databases, using articles from 2005 to 2022. The quality of the studies was based on the GRADE instrument and the risk of bias was analyzed accordingly. according to the Cochrane instrument. Results and Conclusion: A total of 120 articles were found, 55 articles were evaluated in full and 31 were included and developed in this systematic review study. Considering the Cochrane tool for risk of bias, the overall assessment resulted in 15 studies with a high risk of bias and 32 studies that did not meet GRADE. Results and Conclusion: Spirituality/religiosity plays an important role in epigenomic modulations, given that altered gene transcription and aberrant DNA methylation were observed in the CNS and peripheral T lymphocytes. Church attendance is associated with less herpesvirus reactivation, as indicated by lower levels of CMV IgG antibody titers. Furthermore, better self-reported health was associated with better functioning of the immune system. Spirituality can be considered a good coping strategy used by health professionals to promote mental health, well-being, and strengthening immunity during the COVID-19 pandemic.

Physician Multi-Site Practice in China: Doctor practices, public views and legitimacy based on a controversial case

Aim: Physician multi-site practice (PMP), or dual practice, is commonplace worldwide. Since the mid-2000s, the Chinese government has issued a series of laws and regulations to promote PMP with a goal of improving access to high-quality medical services. However, PMP is widely conducted illegally in China, i.e., without official registration of practicing doctors. This article provides a more nuanced understanding of PMP in China. Approach: This article takes a case study approach. It presents a high-profile case exposed through Chinese social media as well as public perceptions through the lens of online comments given by over thirty thousand netizens on a nationally controversial case. Findings: Netizens saw benefits to PMP despite being illegal. A culturally-rooted Chinese construction of the triple concepts of ‘Qing’ (sensibility, feeling or sentiment), ‘Li’ (propriety, norm or reason) and ‘Fa’ (rule, regulation or law) is employed to explore the issue of legitimacy of PMP in the Chinese context and explain why PMP has not yet been implemented effectively, and why members of the general public strongly support illegal PMP. Conclusion: While doctors and the public support illegal PMP, it will be challenging for the Chinese government to gain traction with official PMP policy.

The Use of Big Data in Criminal Justice and its Challenges

ABSTRACT The explosive growth of information and the development of data processing technology have generated ‘big data’ tools, which have opened up major transformations in various fields. The field of criminal justice has also been subjected to big data application without exception, and it is undergoing a major development from partial data statistics to ‘full data’ analysis, from retrospective thinking to predictive thinking. Big data has been applied to various stages of investigation, prosecution, and delivery of punishment, but it still faces the issues of fairness and legitimacy, and its utility cannot be truly realized. Effective regulation and supervision of data and algorithms can prevent discrimination and improve the fairness of big data tools, and by redesigning relevant judicial procedure rules and clarifying the basic principles of personal information data collection, it can help realize big data applications and secure basic rights and achieve the best balance between protection which make it acceptable to the public. Finally, the auxiliary role of big data in criminal justice needs to be reassured which means it cannot and should not overstep the tasks that are exclusively for criminal justice decision-makers.

Internationalization as myth, ceremony and doxa in higher education. The case of the Nordic countries between centre and periphery

ABSTRACT The article deals with the validation of the internationalization imperative in higher education institutions (HEIs) of the Nordic countries. I focus on both the goals and motives behind activities supporting internationalization, but also on the manner of their habitualization and institutionalization in the practice of academic administration and organizational management. The issue of legitimization of institutional changes is addressed by means of the rationalized myths that create durable dispositions for specific practices, changes in procedures and attitudes in a given socio-political setting. I draw on empirical examples that include practical solutions and strategies developed under the conditions of semiperipheral positionality of the Nordic states. This perspective makes their internationalization policies an interesting frame of reference for other countries and the paper concludes by pointing to the latest trends that can serve either as an inspiration or a warning for other states. The Nordic countries offer an example of how institutionalizing the ‘strategic gains’ narrative from globalization may lead to a recalibration of an earlier knowledge regime along with attempts to change centre-periphery relations, including the reframing of priorities and rationalities of different stakeholders in higher education.

Sloboda sudijskog izražavanja u Bosni i Hercegovini

Freedom of expression is a fundamental human right protected by the major international human rights instruments and national constitutions. The right to freedom of expression is treated as one of the key elements of a democratic society and it can be considered essential to human dignity. However, this right is not absolute and it can, if certain preconditions are met, be subjected to limitations, as indicated by the provisions of the European Convention on Human Rights, as well as the case law of the European Court of Human Rights. Judges also enjoy the right to freedom of expression. Although the participation of judges in debates on matters of public interest is considered very important, especially when it comes to the regulation of the status of judiciary, the nature of the judicial function dictates restrictions on the freedom of expression of judicial office holders in order to protect public confidence in the judicial branch of government and its reputation. Public expression of personal views may raise dilemmas regarding the impartiality of a judge. The paper will draw attention to the importance of protecting the freedom of expression of judges, but also to the issue of necessity and legitimacy of its restrictions. Legal provisions regulating the right to freedom of expression of judges in Bosnia and Herzegovina will be examined, as well as examples from the practice of disciplinary bodies relating to the exercise of the aforementioned right. Legislative solutions adopted in Bosnia and Herzegovina will be compared with provisions adopted in other countries and subjected to critical evaluation.

Intervening in the Legal Space without Being a Legal Professional: Interpreters Faced with Lawyers in Asylum Cases

How is it possible to intervene professionally in the legal space without being a legal professional? Based on ethnographic fieldwork focusing on court interpreters, this article examines the relationship between interpreters and lawyers in the context of hearings at the French National Court of Asylum. In order to grasp the relationship between interpreters and lawyers, it is necessary to contextualise the role of orality and interpreting in the asylum adjudication process and defence arguments, while also considering the interpreters’ working conditions. On the one hand, the article focuses on the dynamics, related to both organisational factors and socio-professional trajectories, that may foster closeness between interpreters and lawyers. On the other hand, the article analyses the tensions that mark these relationships during hearings, in a highly codified and institutionalised context. The article contributes to highlighting the issues of legitimacy and division of labour that run through migration intermediation spaces within the asylum ecosystem.

Legitimnost kao faktor ograničenja političke korisnosti vojne moći

In the post-Cold War era, determined by the strong influences of globalization and the information revolution, it can be seen that military power fails to produce the expected political effects or at least those effects that could be produced in the past. One of the reasons why is that so, the authors find in the deficit of its legitimacy. The legitimacy deficit is discussed in the paper from three aspects. First, the legitimacy of the use of force is seen in the paper through the attitude of public opinion towards the use of force. In this sense, the sensitivity of public opinion to human casualties and destruction is expected. However, the authors note that today the quality of life has become the new vital value of the nation, which is reflected in the reduced willingness of citizens to give up their acquired rights and comfort of life. The willingness of the population to make the sacrifice that the use of force entails is a measure of the legitimacy of military power. Second, the authors point to the legality of the use of force as a source of its legitimacy. The legality of the use of force is viewed through internal and international law. Likely, the use of force that is contrary to internal and/or international law will be in a legitimacy deficit. By pointing out the illegal use of force, the military action itself is being de-legitimized and mobilizes public opinion resistance to such an act. And thirdly, the paper analyzes how the type and character of war determines its legitimacy. It is closely related to the question of the justification of starting a war and the existence of a "just aim" of war, but also to the question of how and by what means the war is waged. The authors also point to the misuse of the term "humanitarian intervention", which is used to provide legitimacy to military action, most often aggression. Considering the influence of legitimacy issues on the effectiveness of the use of force, the authors conclude that the success of states in imposing their own will on the opponent is no longer primarily based on their military power, at least not to the extent that it was before. Much more important today is the determination and ability of the state to combine military power with other types of national power. Only in this way will it be possible to turn a military victory in the war into a political victory, which should ensure an acceptable and long-term sustainable peace.