Legitimate Basis Research Articles

Entre la historia y la ficción: Dictis y Dares como modelos de la Historia Karoli Magni (Pseudo-Turpín) y el De gestis Britonum de Jofre de Monmouth

Geoffrey of Monmouth’s De gestis Britonum and Aimeric Picaud’s Historia Karoli Magni are, according to their manuscript fortune, the most successful Latin prose narratives of the Middle Ages. They are also, given their presumed status as stories, the legitimate basis on which the two most productive literary cycles of the Middle Ages are based: the Arthurian matter and the Carolingian matter. The article proposes as hypothesis that both authors knew their respective works and shows how, simultaneously and in parallel, they managed to blend into the historiographical context of their time, through a perfect knowledge of the conventions of the genre; and through authorization strategies that were modeled on the De excidio Troiae of Dares the Phrygian and the Ephemeris belli Troaini of Dictis of Crete

Manipulation without Resistance: Consensus Elections in Rural China

Abstract The Chinese Communist Party has been increasing its control over village elections since the early 2010s, yet this move has not triggered any widespread popular resistance. Drawing on ethnographic evidence from village elections held in 2017 in a county in Hunan province, I conceptualize a form of electoral manipulation I term “consensus elections,” in which the Party engineers a pre-electoral consensus with ordinary villagers on whom to select while deterring challenges from village elites. Consensus elections are rooted in the Chinese political elites’ ideal that favours electoral participation over competition. While participation increases regime legitimacy, competition threatens regime authority. Propaganda promoting this electoral ideal shapes the views of ordinary villagers, laying a basis of legitimacy on consensus elections. The villagers embraced voting as being oriented by a unitary common interest and developed a cynicism whereby campaigning was equated with corruption. Comparison of the processes involved in engineering consensus elections in five villages suggests popular support for such elections. Whereas popular resistance was mounted against the lack of participation, popular complicity helps the Party to deter challenges from village elites. Consensus elections have facilitated the fall of Chinese village elections without undermining the Party's legitimacy, but consensus elections will also encourage more political challenges from village elites through non-institutionalized channels.

On Moral Legitimacy of the Normative Reconstruction of Subject Behavior in Post-pandemic Era

The enlightening significance of contemporary and modern biopolitics’ appearance in COVID-19 pandemic lies in Life’s appeal of both the fear of death and the fear of been dominated. Therefore, the authority and its agency are responsible for the moral promise of individual safety which follows the logic of survival and free development which follows the logic of human beings’ development. The value ranking of the above two parts in different social contexts constitute the moral legitimacy basis when the authority formulates the policy on the normative reconstruction of subject behavior. In this respect, the Post-pandemic Era means the reverse of value ranking in the state of emergency, meanwhile, the normal and regulation of subject behavior need to be reconstructed, and then the moral rationality and legitimacy need to be simultaneously and theoretically illustrated. The relational thinking based on commensalism, rather than the reductionism thinking based on individualistic-atomic theory, will help to recognize the internal connection among the individual, the other and the community. Then the illustration of moral rationality which is constructed for the social temporary order in a state of emergency will be provided, and a probable path to deal the dilemma of the contemporary biopolitics will finally be proposed.

Kewenangan Perorangan Dalam Menguasai Tanah Pesisir

Land issues certainly never end and still occur frequently. This research was conducted on the basis that there are still many people who question the status of ownership rights to land in coastal areas. As in Article 9 paragraph 2 of the UUPA, it is the basis of legitimacy for every Indonesian citizen, both men and women, to have the same opportunity to obtain rights to land and obtain benefits from that land. So of course everyone has the right to control land in coastal areas, but what is the status of their authority? The research method used is legal research, with using a statutory approach and a conceptual approach related to the authority to control individuals over land in coastal areas. The conclusion from the results of the analysis carried out can be understood that property rights cannot be used as a basis for individual rights to coastal land because coastal land is land located in coastal areas, which means that coastal areas are potential areas and are the authority of both district/city governments.

Returning the Stolen Land (The Current Settlement of the Senamanenek Kampar Indigenous People with PT. Perkebunan Nusantara V)

Conflicts over land between Senamanenek Indigenous Peoples of Kampar Regency and PT. Perkebunan Nusantara V has occurred since the early 1990. While national legislation acknowledges adat (customary) as a legitimate basis for rights, the current legal framework presents significant hurdles for communities seeking to assert their land claims based on adat rights. As an empirical legal research, this study tries to propose a new dispute resolution model to deal with the problem. This research found that government intervention as the owner of State-Owned Company capital determines the resolution of customary land disputes such as the PTPN V and Senamanenek Indigenous Peoples disputes. The settlement was carried out after receiving a presidential order and the United Indonesia Cabinet Limited Meeting results by returning the land and its contents from the PTPN V to the government. Then, the government hands over to individual Senamanenek Indigenous Peoples members who are issued certificates of ownership through the TORA mechanism.

Accounting as a means to legitimacy: the case of internally generated intangibles

Purpose The purpose of this study is to identify the norms that underlie and condition the decisions made by preparers of financial reports. Design/methodology/approach This interview-based study illustrates how financial report preparers engage in behaviors linked to the perception of recognition and measurement of internally generated intangible assets by important stakeholders. All of the companies included in the study adhere to International Financial Reporting Standards when creating their consolidated financial statements. The participants selected for the study are involved in accounting decisions related to research and development in accordance with International Accounting Standard (IAS) 38. Findings The authors identify the normative assumptions underlying the recognition and measurement of internally generated intangibles, which are based on concerns of consistency, credibility and reasonableness. The authors find that the normative basis for legitimacy in financial accounting is primarily related to cognitive legitimacy and is not of a moral or pragmatic nature. Originality/value The study reveals that recognition and measurement of internally generated intangibles in financial accounting relate to legitimacy. The authors identify specific norms that form the basis of this legitimacy, namely, consistency, credibility and reasonableness. These identified norms serve as constraints, mitigating the risk of judgment misuse within the IAS 38 framework for earnings management.

The Boundary of the Reduction of Citizens’ Right to Education in Major Public Emergencies

The boundary of the reduction of citizens’ right to education in major public emergencies is an important practical issue that adheres to the rule of law principle and the bottom line of social justice. Understanding the constitutional connotation of the right to education and judging whether the major public emergencies represented by the COVID-19 pandemic can provide a legitimate basis for its reduction is an important premise for the study of this issue. According to the relevant provisions of China’s Constitution and laws and the academic research on the connotation of the right to education, the right to education is the basic right of citizens, with the dual attributes of right and duty, freedom and social rights, equality and process. According to the theory of “minimum human rights” and “non-derogable rights”, major public emergencies can provide a certain justification for the reduction of the right to education, but this kind of reduction has a boundary. In constructing the boundary of the reduction of the right to education, the bottom line should be that the substance of the right to education should not be violated, the coordination and unity of the individual interests of educated citizens and the social public interests to curb the spread of the epidemic should be the key, and the principle of proportionality should be the guideline.

Why we do not need demonstrative proof for God’s existence to know that God exists

Abstract As a counterpoint to demonstrative proofs in metaphysics, Robert Nozick presented the case for God’s existence based on the value of personal experiences. Personal experiences shape one’s life, but this is even more evident with extraordinary experiences, such can be religious ones. In the next step, says the argument, if those experiences can be explained only by invoking the concept of the Supreme Being, then God exists. The second step mirrors scientific explanation constituting what Nozick calls the “argument to the best explanation.” The argument is set against the background of Nozick’s methodology which rejects demonstrative proofs in metaphysics. Its purpose is threefold. It aims to establish a certain sort of experience (religious/spiritual) as a legitimate basis for the argumentation; it aims to show that it is not philosophically blasphemous to explain such experiences by introducing a concept of divinity. Finally, it seeks to showcase the non-dogmatic, investigative nature of the argument. By exploring the merits of Nozick’s proposal, I will try to elucidate all three components, which should pave the way for a broader discussion on the role of non-demonstrative arguments in metaphysics.

Common governance model: a way to avoid data segregation between existing trusted research environment.

Trusted Research Environments provide a legitimate basis for data access along with a set of technologies to support implementation of the "five-safes" framework for privacy protection. Lack of standard approaches in achieving compliance with the "five-safes" framework results in a diversity of approaches across different TREs. Data access and analysis across multiple TREs has a range of benefits including improved precision of analysis due to larger sample sizes and broader availability of out-of-sample records, particularly in the study of rare conditions. Knowledge of governance approaches used across UK-TREs is limited. To document key governance features in major UK-TRE contributing to UK wide analysis and to identify elements that would directly facilitate multi TRE collaborations and federated analysis in future. We summarised three main characteristics across 15 major UK-based TREs: 1) data access environment; 2) data access requests and disclosure control procedures; and 3) governance models. We undertook case studies of collaborative analyses conducted in more than one TRE. We identified an array of TREs operating on an equivalent level of governance. We further identify commonly governed TREs with architectural considerations for achieving an equivalent level of information security management system standards to facilitate multi TRE functionality and federated analytics. All 15 UK-TREs allow pooling and analysis of aggregated research outputs only when they have passed human-operated disclosure control checks. Data access requests procedures are unique to each TRE. We also observed a variability in disclosure control procedures across various TREs with no or minimal researcher guidance on best practices for file out request procedures. In 2023, six TREs (40.0%) held ISO 20071 accreditation, while 9 TREs (56.2%) participated in four-nation analyses. Secure analysis of individual-level data from multiple TREs is possible through existing technical solutions but requires development of a well-established governance framework meeting all stakeholder requirements and addressing public and patient concerns. Formation of a standard model could act as the catalyst for evolution of current TREs governance models to a multi TRE ecosystem within the UK and beyond.

Law Changes in Islamic Law (Review of Concepts, Principles and Methodology)

Changes in law are necessary, both in Western and Islamic law; the basis for changes in Islamic law can be found in sources of Islamic teachings and documented in the history of Islamic law legislation. This article aims to analyze law changes in Islamic teachings, both conceptually, fiqhiyyah principles, and methods that can be followed. The results found that changes in Islamic law have a legitimacy basis from the Prophet's hadith about reformers every 100 years, also reflected in the history of Islamic law legislation both during the time of the Prophet, Companions, Tabi'in, and so on. Changes in law are also recorded from several principles, both fiqhiyyah principles and ushuliyah principles. Social changes influence the change in the law in the community where the law applies and is applied. The method used to change the law is to do ijtihad. The results of this ijtihad in Islamic law can be fatwas, jurisprudence (qadli decisions), doctrines (qaul fukaha), qanuns, and research results.

Examination of the Decision to Work Remotely During the COVID-19 Pandemic Period in Terms of Corporate Legitimacy and Corporate Logic: Analysis of CEO Opinions

Although it has been applied in sectors such as marketing, telecommunications, and software for many years, the COVID-19 pandemic has temporarily caused many businesses to switch to remote working. Discussions about whether the remote working method is efficient or not continue. Another discussion is about whether the remote working method will be permanent. In this context, it is important to reveal which institutional logic and legitimacy expectations the companies have decided to work remotely. This study aims to deal with the background of remote working decisions of enterprises on the basis of institutional logic and legitimacy in line with the opinions of business CEOs. A qualitative research design was used in the research. Businesses included in the 2021 Forbes 2000 list were accepted as the research sample. The research data were obtained from the statements of CEOs to the press and from the reports of businesses. As a result of the analysis of the data, it has been revealed that the community and market logics are effective in the remote working decisions of CEOs. On the other hand, it was concluded that CEOs decided to work remotely with the expectation of moral and pragmatic legitimacy. This study is considered a guide for business managers who want to switch to remote working in the future. Keywords: Remote work, Institutional theory, Institutional logic, Legitimacy, COVID-19.

Law Enforcement Review of Internet Access Restrictions in Papua

Actions to limit internet access in Papua by the Government to quell mass demonstrators in Papua have become a polemic to this day. This research focuses not only on how the process of taking these actions and the side effects, namely human rights issues, but also has implications for aspects of law enforcement that are in the spotlight. This research uses normative juridical research with primary legal material in the form of laws and regulations combined with analytical descriptive studies. The results of the study found that there is no basis for government legitimacy to limit internet access, which may be limited to restrictions on access to electronic information (social media) containing violations of the law, so apart from being said that the action violates human rights (HAM), law enforcement that can be applied to the government both in the fields of administrative law, civil law, and criminal law as long as the elements are fulfilled.

Ideal-typical constructions of legitimate orders of power and their foundations

Maintaining the legitimacy of power is one of the key tasks of the ruling elite. The possession of means of coercion and the ability to use them against the unwanted is not a sign of a good regime, as the basis of legitimacy is the trust of the object of governance (society) in the subject of governance (the ruling elite). Undoubtedly, there are many different legitimate orders, but in order to conduct a full-fledged study of them in the future it is necessary to construct their ideal types, starting from the works of classical political theory and from political practice. The aim of this article is to formulate and analyze ideal-typical constructions of legitimate orders of power and to identify their foundations. Undoubtedly, digital technologies are making their mark on the nature of the political order of society, but one cannot ignore the diversity of political regimes in different countries: from authoritarianism to democracies of different shades. But each ideal type of legitimate order has its own basis of legitimacy: from tradition and law to norm and public knowledge. Over time, power orders change: they become more humane and accessible to communication between the authorities and the population, which they begin to hear and try to coordinate their actions with the wishes of society.

Building a bridge to the future: Prospective legitimation in nascent markets

AbstractResearch SummaryHow do new things in nascent markets become legitimate? Existing research points to a process where legitimacy is built by making associations with already legitimate ideas from other domains. In this study, however, we investigate the Internet boom of the 1990s, a nascent setting where something new—engagement metrics used to evaluate firms—gained legitimacy amongst investors, but not by being associated with already legitimate metrics. Using a question‐driven mixed‐methods approach, we reveal that these new metrics instead gained legitimacy through a novel process we term prospective legitimation, where a new basis of legitimacy was constructed by firms linking their otherwise unproven new metrics to future profitability. We discuss how these findings inform research on legitimacy, the development of nascent markets, and future‐oriented communications.Managerial SummaryFirms in nascent markets often face the challenge of convincing investors to buy into something new. This is difficult because new ideas not only have few precedents, but they also have not been around long enough to have proven their value. Our research shows how firms can legitimate their new ideas prospectively by using future‐oriented communications that link their otherwise unproven new ideas to a desirable future outcome. Through an investigation of the Internet boom of the 1990s, we demonstrate that Internet firms gradually convinced investors to accept their new engagement metrics (e.g., traffic, visitors, users) before there was any concrete evidence that such metrics actually led to profitability. This study thus enhances our understanding of how new ideas gain traction in nascent markets.

Institutional Divide, Political Ties, and Contested Corporate Governance Reform in Taiwan

AbstractThis study attempts to address the question of under what conditions political ties buffer firms from, or bind firms to, political pressure. We draw attention to the institutional divide between the executive and legislative branches of a presidential democracy. Using the case of Taiwan, a ‘third wave’ democracy with relatively strong state intervention, we argue that the two branches differ in their respective institutional roles, basis of legitimacy, and resources in a context in which the regime is seeking to fulfil its national agenda and please floating voters. We posit that corporate ties to these respective branches exert divergent influence on the adoption of government‐initiated but highly contested corporate governance reforms. Ties to the executive branch push firms to reform because they depend on the government for resources, while ties to the legislative branch act as a buffer to reform as legislators court the support of firms in pursuit of electoral gains. Empirical analysis of reforms to enhance board independence from 2002 to 2005 supports our thesis. Our study contributes to research on corporate political strategy and corporate governance reform, revealing how the structural fragmentation of the state can give rise to conflicting roles of political ties to different branches.

The Importance of Prompt Disciplinary Action During Union Campaigns

Matters of employee discipline are an unfortunate but necessary part of every employer's business affairs. Such concerns do not disappear in the face of organizing activity. To the contrary, legitimate disciplinary concerns can and do increase during union campaigns. Pro‐union supporters are often falsely told by organizers that they are immune from disciplinary action and, in turn, the employees engage in behaviors they would not otherwise entertain. Employers in such situations are frequently presented with a difficult disciplinary decision: either discipline a known pro‐union employee and withstand the likely unfair labor practice charge to follow, or tolerate the behavior as part of a more risk‐averse approach to disciplinary action. In either case, it is imperative for employers to act promptly as any delay can render an otherwise legitimate basis for discipline to be unpersuasive, as recently noted by the NLRB in Starbucks Corporation d/b/a Starbucks Coffee Company, 372 NLRB No. 50 (2023).

Is subversion just another version of state aversion? Notes on Herzfeld’s Subversive archaism

Is subversion just another version of state aversion? Notes on Herzfeld’s <i>Subversive archaism</i>

REGIONAL HEAD OFFICIAL APPOINTMENT MECHANISM DURING THE CONDITIONAL REGIONAL HEAD ELECTION TRANSITION PERIOD

After the Decision of the Constitutional Court Number 14/PUU-XI/2013, ordered the General Election and Pilkada to be carried out simultaneously. since then simultaneous regional elections nationally and all aspects of its implementation have begun to be established in stages, based on Article 201 of Law no. 10 of 2016 will be implemented in 2024. This is the basis for legitimacy for the central government to appoint acting regional heads in taking control of local government. As a consequence of the implementation of the simultaneous local elections in 2024, there will be a vacancy in the post of Regional Head whose term of office expires in 2022 and 2023. Filling in positions is an important element in constitutional law. Without being filled in by officials, the functions of the follow-up position may be carried out as they should. The government needs to consider making implementing regulations, the mechanism for appointing Acting (Pj) regional heads and their authority is clear so that the appointment of these officials does not ignore democratic principles and at the same time provides guarantees for the community. This research is to find out the mechanism for the appointment and authority of Acting (Pj) Regional Heads during the simultaneous local election transition period. Normative legal research methods using statutory approaches (Statute Approach) and conceptual approaches (Conceptual Approach). The results of the study show that the Acting (Pj) is the definitive replacement for the regional head when there is a vacancy in the positions of the regional head and deputy regional head simultaneously during the simultaneous Pilkada transition period. The Acting Governor is appointed by the President through the proposal of the Minister of Home Affairs while the Acting Regent/Mayor is determined by the Minister of Home Affairs.

The Predicament and Outlet of Environmental Impact Assessment Mechanism from the Perspective of Risk Society: Taking Japan’s Accident-Type Nuclear Sewage Disposal as a Cut-In

As an important yardstick of social modernization, nuclear technology not only promotes the in-depth development of the national economy but also hangs a sword of Damocles in the field of the risk society. Against the background of the unrest of the nuclear leakage disaster at the Fukushima nuclear power plant, the Japanese government has announced its unilateral decision to discharge nuclear sewage into the sea, undoubtedly putting at least the Pacific Rim countries at huge potential risks. In order to maximize risk reduction and focus on preventive construction in advance, Japan's measures to discharge accident nuclear sewage into the sea have a legitimate basis for the application of an environmental impact assessment system. At the same time, in the process of operation, there are numerous risk dilemmas, such as lack of safety treatment standards, long follow-up disposal cycle and negative domestic supervision system, which need to be broken through one by one. The effective application of the environmental impact assessment system in the Japanese nuclear accident not only helps to reduce the environmental crisis caused by accidental nuclear effluent discharge to the sea but also has a positive and far-reaching international demonstration significance, which helps to better build a foundation of international trust and preventive guarantee system in advance for the possible accidental nuclear effluent treatment in the future.

From agonistic to insurgent democracy

This article uncovers an internal tension within theories of agonistic democracy. On the one hand, as radical pluralists, agonistic democrats want to institute a ‘symmetrical’ political scene where different identities can struggle on an equally legitimate basis. On the other hand, they often normatively prioritize the struggles of oppressed groups against domination. In response, this article proposes to collapse any strict distinction between pluralism and social relations of domination. The result is a move from agonistic to insurgent democracy, where insurgent struggles against domination give the central impetus to any democracy. To do so, it turns to the writings of Étienne Balibar, who argues that most, if not all, symmetrical political conflict is built on asymmetrical forms of domination or oppression. This leads us to develop an account of democratic conflict that is incessantly asymmetrical. Finally, this article suggests an alternative way of rescuing the political principle of pluralism cherished by agonistic democrats. Balibar’s writings on the ‘ideology of the dominated’ show that every insurgent struggle expresses itself ideologically, which harbours the risk of obscuring other forms of domination. Therefore, democracy is not only kept alive by insurgent movements, it requires that the latter democratize themselves by maintaining a permanent openness to alternative calls against domination or oppression.