Concept Of Legitimacy Research Articles

Legitimising quality work in higher education

ABSTRACT Quality work is a growing area of interest in higher education research, reflecting a broader political and scientific concern with how universities and colleges work with educational quality. However, the characteristics and theoretical underpinnings of the concept are understudied, and we have scarce knowledge about how different groups of staff in higher education work with quality. To address these gaps, this study explores how academic, administrative, and leadership staff at Norwegian higher education institutions approach and reason about quality work. This article draws on concepts of discretion and legitimacy to study how these staff groups engage in quality work, and the different ways in which they legitimise this work. The findings reveal commonalities and tensions in their approaches to and reasoning for quality work. The study contributes to the conceptual development of quality work, and the findings have notable implications for future policies and practices on quality work in higher education.

Overview of the Concepts of Legitimacy and Legitimation under the Nigerian Laws

This article examines the concepts of legitimacy and legitimation under the Nigerian Laws. It explains the two concepts that are similar in nature by discussing who is a legitimate child and who is an illegitimate child; it also discusses the legal implications of an illegitimate child and that of legitimate child. It discusses the rights and privileges of a legitimate child and also those of an illegitimate child. The article discusses the statuses of illegitimate child under Islamic law, statutory law, customary law, and under void marriage and voidable marriages. It goes further to discuss the provision of Section 42 (2) of the 1999 constitution of the Federal Republic of Nigeria (as amended) viz-a-viz the status of illegitimate children. The work reviews some relevant cases to the topic. It concludes by summarizing that it could be deduced that before a child could be regarded as legitimate, he or she must be a product of a valid marriage. However, the case of acknowledgement did not take this into consideration. The article recommends that the Legitimacy Act be made less stringent, that the date of legitimation should be made effective from the date of birth and not the date of legitimation and that the constitution should be amended to include punishment for whoever discriminates or make derogatory remarks about an illegitimate child, among others.

Da legitimidade no direito financeiro

0l. Democracy, legality and legitimacy. 02. The Enlightenment. 03. Potestas and auctoritas. 04. Two conceptions of legitimacy. 05. Steps to legitimacy. 06. Legitimacy in public financial law. The budget as the main place. 07. Public financial law today.

Legitimacy and space in the use of technologies for environmental and social governance: The cases of human trafficking and COVID-19 contact tracing

This article develops the concept of legitimacy to analyze the capacity of technologies such as phone apps to mobilize collective commitments to shared environmental and social outcomes by constituting new governance spaces. This concept of governance spaces highlights the variable configurations of technologies and their interactions with humans, and helps avoid the tendency to see technologies as passive relays that transmit power originating elsewhere, or, in contrast, to overstate the almost magical autonomous capacities of technology. The concept of legitimacy is valuable for evaluating the degree to which technologies are effective and deserving of support. The article draws on Mark Suchman’s distinction between pragmatic, moral and cognitive legitimacy, which correspond in turn to interests, ethical values, and facts. In contrast to more conventional state-centered conceptions of legitimacy, these aspects of legitimacy can be applied to governance spaces constituted by technologies. The article then examines and compares the cases of technologies for countering human trafficking and COVID-19 digital contact tracing apps. In both cases all three aspects of legitimacy are present, important, and interconnected. An examination of a recent report issued by the Organization for Security and Cooperation in Europe and the Tech Against Trafficking coalition on 305 anti-trafficking tools shows the role of ethics and facts in their legitimacy, but also the degree to which the tools are skewed towards interests other than those at risk of being trafficked. Acceptance and evaluations of digital contract tracing apps are similarly shaped by the interactions between interests, ethical values, and facts, including evidence about their effectiveness. The legitimacy of COVID-19 digital contact tracing apps involves a wider presence of a public interest in health while the risks associated with power inequalities are greater with anti-trafficking technologies, highlighting the importance of variability in the legitimacy of governance spaces constituted by technologies.

Voluntary association, not state consent: why the EU’s stance on secession rests on the wrong concept of legitimacy

ABSTRACT The EU’s Prodi doctrine stipulates that a new state formed through secession from an EU member state will be treated as a third party vis-à-vis the Union. This article engages with debates on secessionism, self-determination, and democracy in the EU to discuss what the doctrine entails for the democratic legitimacy of the EU. We argue that the doctrine is only compatible with one source of political legitimacy that the EU partly depends on, the state consent model. However, it is not compatible with the voluntary association model which is a moral basis that is increasingly relevant for a supranational union of democratic states. The prevalent practice of organizing referendums on EU accession shows that securing popular support is today an important feature of the politics of legitimacy in the EU. We illustrate our argument with the case of Catalonia and contrast it with cases from the history of European integration.

A Structure/Process Approach to Legitimacy: A Local Official's Selection and Legitimation of a Tax Policy in Mid‐Late Ming Dynasty China

AbstractMost studies on the connection between the legitimacy of an authority and its policy selection and legitimation follow a structure approach to legitimacy, which recognises an authoritative actor's selection and legitimation of a policy as determined by the subjects' collective commitment to values. Consequently, it cannot empirically explain policy variation under collective commitment to values and changes in those values. Building on existing processual theories and following the conceptualisation of legitimacy as a social process, this study proposes an integral process approach to legitimacy whereby an authority selects and legitimises a perceived legitimate policy towards subjects. Drawing on findings from a negative case methodology applied to the selection and legitimation of a tax policy by an official in Ming China, this study offers substantive content for an integral process approach to legitimacy. It develops the state legitimacy concept and contributes to emerging theories on the legitimacy dimension of fiscal state formation. Empirically, this study illustrates how the data from the nationwide field survey in mid‐late Ming China were used in tax collection at the local level and illuminates the discrepancies between the survey data and that recorded in local official tax registers.

Historical Claims to the International: The Case of the Suez Canal Experts

AbstractWhat IR scholars refer to as “the international” gets constructed and performed to specific ends, depending on time and place. This results in a plurality of claims to the international, subject to historical variation. To bring such variation into view, this article shows how nineteenth-century claims to internationality were tied to particular conceptions of legitimacy. The article explores this legitimation-by-experts through a case study of the 1855–56 Suez Canal Commission. Based on original archival research, the article shows that expert advice played an important role in claiming the internationality of the Suez Canal by limiting contestation to technical aspects. The central argument is that expertise and claims to the international can get co-constituted in arrangements that are intended to produce legitimacy. These arrangements narrow the terms of contestation in self-serving ways. A technocratic claim to the international was tightly linked to the mobilization and making of the Suez Canal experts, on two fronts. One, expertise and internationality were repeatedly articulated in conjunction, so they would signify each other. Two, the article shows that expert involvement was driven by legitimation concerns more than by epistemic optimization purposes. In sum, the article proposes a new way of historicizing internationality claims and sheds light on the distinctiveness of international expertise.

Does the Free Group Agency Account of Legitimacy Require Democracy?

Abstract In this critical comment, we argue that nondemocratic, but decent regimes fail to constitute legitimate governance under Applbaum’s free group agency account. To make this case, we first introduce the three principles of liberty, equality and agency that Applbaum takes to flow directly from his free agency conception of legitimacy. Against this backdrop, we discuss Applbaum’s claim that a nondemocratic regime along the lines of a Rawlsian decent consultation hierarchy could meet the threshold of legitimacy. Contrary to this suggestion, we argue that nondemocratic, but decent regimes cannot claim legitimacy under Applbaum’s account because they are constitutively inegalitarian, thus failing to adequately grant citizens the equal normative power without which legitimacy is unattainable under the free group agency account.

Adaptive framing of sustainability in CEO letters

PurposeThis study provides insights into the external powers that can influence business leaders' communication on sustainability. It shows how the socio-political context manifested in national and transnational policies, regulations and other socio-political events can influence the CEO talk about sustainability.Design/methodology/approachThis study adopts an interpretative and qualitative method of analysis using the lenses of the theoretical concepts of framing and legitimacy, analysing CEOs’ letters from 10 multinational industrial companies based in Sweden, over the period of 2008–2019.FindingsThe results show that various discourses of sustainability, emerging from policies and regulatory initiatives, socio-political events and civil society activism, are reflected in the ways CEOs frame sustainability over time. This article reveals that CEOs not only lead the discourse of profitable sustainability, but they also slowly adapt their sustainability talk to other discourses led by the policymakers, regulators and civil society. This pattern of a slow adaptation is especially visible in a period characterised by increased discourses of climate urgency and regulations related to social and environmental sustainability.Research limitations/implicationsThe theoretical frame is built by integrating the concepts of legitimacy and framing. Appreciating dynamic notions of legitimacy and framing, the study suggests a novel view of reporting as a film series, presenting many frames of sustainability over time. It helps the study to conceptualise CEO framing of sustainability as adaptive framing. This study suggests using a dynamic notion of adaptive framing in future longitudinal studies of corporate- and accounting communication.Practical implicationsThe results show that policymakers, regulators and civil society, through their initiatives, influence the CEOs' framing of sustainability. It is thus important for regulators to substantiate sustainability-related discourses and develop conceptual tools and language of social and environmental sustainability that can lead CEO framing more effectively.Originality/valueThe study engages with Goffman's notion of dynamic framing. Dynamic framing suggests a novel view of reporting as a film series, presenting many frames of sustainability over time and conceptualises CEO framing of sustainability as adaptive framing.

The Concept of Family Business Legitimation in the Context of Private Law and Public Law Regulation

In the modern economic and legal model of social relations, family members take the most active and direct part in entrepreneurial legal relations, the essence of which is often reduced to the organization of business processes by spouses, children and other relatives within the framework of the concept of a family business form of entrepreneurship. We believe that this segment of economic-social and family entrepreneurship is quite significant from the point of view of the doctrine and practice-oriented direction of the implementation of the modern theory of entrepreneurship aimed at providing additional support for small and medium-sized businesses, quite often organized by means of family and legal ties, which does not exclude its application for large corporations and holdings. The paper proposes a modern concept of legitimation of family entrepreneurship through the prism of private law and public law regulation, substantiates the need for additional state support for this form of doing business, provides conclusions and some proposals for reforming legislation aimed at legalizing family entrepreneurship in Russia, publishes a memorandum on the current state and further implementation of measures to legalize family entrepreneurship in the post-reform period in Russia.

Towards Evidence-Based Legitimacy Interventions in EU Law: Challenges and Directions for Empirical Research

As EU institutions are increasingly being asked to address societal challenges, the legitimacy need of the EU becomes more evident. With the aim of complementing the already rich literature on normative EU legitimacy and ultimately enabling evidence-based legitimation strategies, this contribution identifies and addresses gaps in empirical research on perceived EU legitimacy, which pertain to conceptualization, operationalization and explanatory factors. To that end, we first of all define perceived EU legitimacy as the perception among EU citizens that the EU’s exercise of authority is appropriate. Drawing on the relational approach to legitimacy, these perceptions arise from socially held norms about how the EU should rightfully exercise authority, which are in turn influenced by the socio-political context. We then propose ways in which such a conception of legitimacy can be operationalized in empirical research. Finally, we lay the foundation for a theoretical model on the sources of EU legitimacy perceptions, arguing that such a model should consider social psychological processes related to identity and morality, because these factors influence how people process information about the EU, and are increasingly part of the environment in which norms about rightful rule arise. Once empirical research is better equipped to understand these processes underlying citizens’ legitimacy perceptions of the EU, opportunities arise to develop evidence-based interventions and inform legal practices in the EU with extra-legal insights. As EU legitimation through policies, legal reform and institutional design requires knowledge of legal feasibility, social scientists and lawyers should collaborate to embed empirical insights in EU law. Bridging the norm-fact divide in this manner is both normatively desirable and empirically necessary for the EU to strengthen its legitimacy and face societal challenges.

The Legitimacy of Judicial Decision-Making: Towards Empirical Scrutiny of Theories of Adjudication

Jurisprudential accounts of judicial decision-making encompass a conceptual account of how judges decide cases and a normative account of how judges should decide cases. This paper explores the conceptual and normative dimensions of theories of adjudication and argues that these theories must be held to empirical scrutiny. The conceptual dimension of theories of adjudication clarifies what is necessarily true about judicial decision-making. The normative dimension of theories of adjudication explains how judges legitimately exercise judicial power through adjudication. In this paper, it is argued that empirical insights may shed light on the plausibility of the legitimacy claims of theories of adjudication, given the fact that these normative claims build on the descriptive dimension of these theories. Hart and Dworkin’s theories of adjudication are discussed to illustrate a narrow and wide conception of legitimacy in the context of judicial decision-making. The last part of this paper explores how empirical research based on interviews may be helpful to assess the conceptual and normative claims of Hart and Dworkin’s theories of adjudication.

Reconceptualizing Empirical Legitimacy for Situations of Severely Conflicting Social Interests

In this contribution the argument is made that the current operationalization of empirical legitimacy falls short in cases of severely conflicting societal interests where alignment on moral values between conflict resolution authorities (policy makers, courts, controlling institutions) and subordinates is lacking. We attribute this shortcoming to two dominant features of the empirical concept of legitimacy and the research based on it: first, the overwhelming procedural character of the empirical legitimacy concept; second, the dominance of deductive, quantitative survey research. The argument is substantiated by the results of ethnographic fieldwork among unauthorized migrants that show that the existing approaches are important, but insufficient to explain the constitution of legitimacy perceptions of subordinates in this field. Feelings of justice are seriously violated because fundamental substantive needs are insufficiently taken into account according to these migrants, although this does not always mean that they feel badly treated in terms of the current empirical justice concept. In the discussion we reflect on the consequences of these insights for the conceptualization of empirical legitimacy and argue that these insights are not only important for our understanding of empirical legitimacy, but should also lead to a reflection on the (interpretation of the) normative frameworks on which decision-making in this field is built.

Political Legitimacy as Grounded in the Wills of Citizens: A Reply to Peter

Abstract Fabienne Peter (2020) recently proposed a taxonomy of accounts of the meta-normative grounds of political legitimacy. In this article, I argue that there is an important distinction left out of that taxonomy that complicates the picture. This is the distinction between attitude-independent and attitude-dependent conceptions of normative truth. Through an examination of these conceptions of normative truth (and correlate interpretations of what counts as a normative reason) I argue that what Peter calls a fact-based conception of legitimacy may collapse into a will-based conception. Further, the distinction has important implications for what Peter calls the belief-based conception. Finally, I defend the will-based conception against Peter's arbitrariness objection through an examination of ideally coherent eccentrics.

Going Beyond the "Normative vs. Social" Standard: A Preliminary Framework for Evaluating the Legitimacy of International Institutions.

International institutions are facing a new paradox: there is an urgent need for them, but they are increasingly being resisted, and one of the main grounds for supporting and resisting international institutions is their legitimacy. Every organization claims legitimacy for itself and denies the legitimacy of others. However, a framework for evaluating legitimacy is lacking. This paper defines the concept of legitimacy for international institutions and suggests that it derives from four sources (normative values, comparative benefits, national recognition, and confirmation by other international institutions). Based on their relevancy and their capacity for operationalization in this evaluation, indicators for input, operation, and output legitimacy have been selected to methodically evaluate the legitimacy of international institutions.

Learning from the COVID-19 Pandemic: Implications from Governance Capacity and Legitimacy

This paper examines the crisis management learning by the Norwegian government after the COVID-19 pandemic by focusing on types of learning based on the concepts of governance capacity and legitimacy. Using unique interview data with 36 elite administrative and political executives in Norway, the study finds varied learning by the involved actors, and most learning about coordination between ministries and agencies, which are amplified by the lack of knowledge related to analytical capacity. The study contributes to advance the analytical understanding of crisis management learning and provides insight into what a high performing government in the pandemic attempts to learn.

Does political ideology matter in Chinese cross-border acquisitions?

Although the “parties-do-matter-hypothesis” has been recognized, we know little about the micro-level effect of the political ideology on cross-border acquisition (CBA). This study investigates the impact of the political ideology of a governing party in host countries on Chinese multinational enterprises' (CMNEs) CBAs. Drawing on the concept of organizational legitimacy from neo-institutionalism, we build a theoretical framework to explain this impact and the conditions that influence the magnitude of this impact. By using the data of country-level political ideology and CBAs conducted by CMNEs from 1995 to 2017, our findings show that the rightwing ideology of the governing party in a host country has a negative influence on CMNEs’ CBA completion, and the magnitude of this negative influence is conditional on host countries’ economic and political conditions. Specifically, the negative effect is weaker in host countries in an economic recession, with a higher level of democracy, and with a minority government.

Trade unions, stigma and legitimacy: A case study about academic wages in British universities

This article applies the concept of legitimacy to reinterpret collective bargaining as a war of words instead of an institutional arrangement of negotiations and power struggles between employers and trade unions. The case study investigates trade union discourse by collecting and analysing campaign materials about academic wages across British universities over 18 years. The results suggest trade unions tried to stigmatize British universities for not engaging in consultation and negotiation; acting with honesty and good faith; or being transparent and equitable. However, none of these management practices puts economic framing at the forefront, which is at odds with financialization and the essence of wages being about money and performance. This article concludes that embracing economics and reducing plurality within trade union discourse may help legitimize academic wages to match economic growth in the sector.

‘Without support CALD patients will be left behind’: A mixed-methods exploration of culturally and linguistically diverse (CALD) client perspectives of telehealth and those of their healthcare providers

Introduction The rapid adoption of telehealth during the global pandemic has the potential to widen disparities for culturally and linguistically diverse (CALD) consumers. We explored the perspectives and experiences of CALD consumers accessing telehealth during the global pandemic and those of their healthcare providers. Methods A multistakeholder mixed-methods study involving two parallel samples comprising consumer–participants (n = 56) and healthcare provider–participants (n = 81). Multicultural consumer–participants, recruited from consecutive referrals to Health Language Services for telehealth support, were assisted to complete two surveys (before and after their clinical telehealth appointment) in their preferred language. A purposive sample of consumer–participants was interviewed to understand their perceived barriers and enablers of successful telehealth consultations. Simultaneously, all healthcare providers within the local health district were eligible to participate in an online survey if they had provided telehealth care to a consumer during the recruitment period. Closed-ended responses were descriptively summarised, while open-ended responses and interview transcripts were analysed thematically. Results Despite 86% of consumer–participants inexperienced with telehealth, 80% achieved a successful appointment with a healthcare provider. Consumer perceptions were shaped by cultural and diagnostic concepts of legitimacy, in the context of known accessibility and technology literacy challenges. Healthcare provider perspectives were less favourable towards telehealth, with equity of healthcare delivery a major concern. Discussion Our findings highlight unintended consequences arising from a rapid transition to telehealth. Adopting collaborative approaches to the design and implementation of telehealth is imperative to mitigate health inequities faced by CALD communities and maximise their opportunity to realise potential health benefits associated with telehealth.

A critical review of the US Senate examination report on the 2021 US Capitol riot.

The US Capitol riot on January 6, 2021, is currently regarded as an unprecedented armed occupation of the US Capitol that left an irreparable stain on the history of American democracy. Five months later, as part of reflective practice, the US Senate released an examination (review) report on the response failures of federal and local law enforcement agencies, along with corresponding recommendations. This research seeks to critically analyze not only response failures but also recommendations made by the US Senate with a comprehensive theoretical framework incorporating concepts of (1) legitimacy and power, (2) procedural justice, and (3) crowd psychology and the protest policing model. In the end, the research tries to present a practical cooperative dialogue or at least a dialogic approach as a means of strengthening legitimacy based on procedural justice, given that not only European countries but also the Republic of Korea currently operate '(Korean and Swedish) Dialogue Police' and (British) 'Police Liaison Officer' in practice.