Legitimate Basis Research Articles

Communication and governance for cultural development: Issues and platforms

Many political scientists think governance promotes the growth of trust between the state and society and serves as the long-term basis for state legitimacy. Haider, Mcloughlin, and Scott (2011). Many African societies’ efforts to establish their cultures have been endangered by technology and civilisation. Despite this alarming and dire situation, communication is nevertheless believed to be a powerful force for spreading and transmitting culture, the center of human activity, and the advancement of society. This discourse examines the communication components for cultural development in Nigeria, focusing on platforms and concerns. The study is descriptive, predicated upon secondary sources, and anchored on the cultural imperialism thesis. The results show that communication can promote cultural development in Nigeria. The study suggests that to promote cultural development in Nigeria, some contact- and culturally-focused knotty issues be tackled by cultural communicators. It recommends using integrated media platforms for cultural campaigns to harness the nation’s comprehensive cultural development.

Social Division of Labour as an Explanatory Principle and as a Foundation for Legitimation

The article presents results of the analysis of the conceptions and uses of the social division of labour by the statistical classification schemes and by the social sciences. The general hypothesis pursued is that the social division of labour is used as an explanatory principle and as a basis for legitimation of the social structures. These uses encompass both the current statistical classification schemes and the social sciences involved. In addition to the introduction, a second item discusses the origins and meanings of the social division of labour for the social sciences and its relations with theoretical problems such as the multidimensionality of social structures. Next, the synthesis of the conception and uses of the social division of labour by the main statistical classification schemes in vogue is presented. The high degree of redundancy of statistical classifications is exposed below, particularly with regard to occupations and status in employment. The categories of managers are particularly examined as the main empirical reference. The next item presents the results of the examination of the overlapping of categories linked management with the condition of the employer and the overvaluation of the amount of schooling. Finally, the last item discusses general issues related to the uses of the social division of labour and its limits and relationships with theoretical foundations of the social sciences.

“Cotton Shadow” of the Great Game (1880s — Early 20th Century)

The article analyzes the interconnection between the political and economic interests of Britain in the context of the Great Game in the 1880s — early 20th century and the strengthening of the British participation in making and development of the Russian cotton industry. Archival sources, materials of parliamentary reports, the British press, publications of British and Russian participants in the events, all of them, provide legitimate basis to detect the peculiarities of the links between Britain’s economic and political interests during this period. The “cotton shadow” of the Great Game turned out to be a phenomenon that allows even at the statistical level to reveal the prevailing importance of economic interests over purely political assessments of the likely Russian threat to Britain in Central and East Asia and partially overshadow them.

The administrative capacity to manage the effects of the COVID-19 pandemic in schools: legality of personal data processing concerning the staff vaccination status in order to resume courses with physical presence or online*

The administrative capacity of public authorities and bodies, as well as of the institutions under their subordination/in their coordination, includes, not only all material, institutional and human resources, but also the actions they carry out for the exercise of the competencies established by law. In the context of the COVID-19 pandemic, the Minister of Education together with the Minister of Health issued Joint Order no. 5558/2389/2021 which provided that, starting with 8 November 2021, the resumption of courses with physical presence is to take place in all pre-university education units in which a minimum percentage of 60% of the staff is vaccinated, otherwise the resumption of courses will be done online, and the Boards of Directors of the pre-university education units issue the decision on how to resume the courses. Therefore, this study will analyse, in the light of data protection legislation, if, in view of the competencies established by law, the pre-university education units had the necessary administrative capacity to issue an informed decision on how to resume the courses. The main conclusion after analysing the legal framework is that the legitimate basis for personal data processing concerning the staff vaccination status can only be point (c) of Article 6 (1) and point (g) of Article 9 (2) of Regulation (EU) 2016/679, but the Joint Order no. 5558/2389/2021 does not fall into either of these two legal basis for the processing, with the consequence that the Boards of Directors were in fact deprived of the necessary administrative capacity to issue the decision on how to resume the courses.

The Touch of Intelligence

I have yet to be persuaded that what arts therapists are doing with their clients either actually counts as art—rather than an applied form of occupational therapy—or seems likely to have any long-term effect on easing their suffering, other than by distraction and temporary companionship. I don’t for a moment doubt the relevance of the arts, properly so called, for individual and collective wellbeing—one of the aims of this paper is to spell out what that might mean—butan art practice structured around the conventions of psychoanalysis seems to me entirely mistaken because, as a basis of legitimacy, it favours rationality and modelling over feeling and making good things.Rational, analytical ways of knowing are a direct contradiction to the intuitive and imaginative procedures of art, where touch rather than talk does all the work. The arts offer to effect change in the patient from within rather than from without, via empathetic attunement between the therapist and the patient rather by than argument and persuasion on the one hand or compliance on the other.

The Legitimacy of Traditional Leaders in Democracies

Abstract This study analyses the issue of legitimacy that unfolds to understand the authority claims of traditional leaders underpinned by customary law in contrast to modern law and legislations in the democracies of two erstwhile British colonies: South Africa and the Tangkhul Nagas of India and Myanmar. The study enquires: if the warrant of modern and traditional law, the fulcrum of traditional leaders’ legitimacy, is questioned in the democratic dispensation, what is the underlying basis of legitimacy that makes traditional leaders resilient? It employs historical, cultural and linguistic analysis to understand how traditional leaders mediate legitimacy. It concludes that cultural cognitive categories like metaphors and aphorisms are instrumental in leveraging the legitimacy claims of traditional leaders across countries.

الموظف الفعلي والموظف الظاهر فقهاً وقضاءً

Abstract The general rule is that ordinary individuals are not entitled to exercise the functions of the public service without appointment, authorization or assignment, because they are then rapists and all their actions are invalid. However, that rule is replied by exceptions, including the so-called actual employee theory, which justifies the need for an ordinary public facility to manage a vital public facility without taking up the function by the legally prescribed means,exercising all the powers of the post and issuing the administrative decisions that entitle it to it so that its actions are considered legitimate, in exceptional circumstances, and the justification for ensuring the functioning of public facilities. Some of them are the so-called theory of the apparent employee, who engages in the functions of the public service in normal circumstances, without any legitimate basis, and is justified by the French judiciary to protect the other good faith dealing with him, and all his actions depend on the proof of the good will of the individuals dealing with him, regardless of the intention of that person usurping power. The research deals with the distinction between the actual employee and the apparent employee, to clarify the confusion between them, and the use of one as a synonym for the other, despite the fundamental differences between them, the two theories of the creation of the French Council of State, and the approaches of the Egyptian Council of State and administrative courts (Ombudsperson’s office) in Saudi Arabia. The research also addresses the validity of their respective legal actions. Key words: public ،actual ،employee، apparent ،track

GDPR Glasnost: Spain’s AEPD raises the transparency bar and sanctions two banks

This paper is a commentary on two recent decisions issued by the Spanish data protection authority (DPA): the AEPD (Agencia Española de Protección de Datos). Both decisions — issued one month apart — developed similar motives and grievances primarily arising from the alleged lack of clarity in the two banks’ privacy notifications to their clients as well as in the consent-collection process and in the formulation of their legitimate interest in processing personal data. These two decisions combined with one issued just a couple of months earlier by the French DPA (CNIL [Commission Nationale de l’Informatique et des Libertés]) appear to draw a new trend: one towards a heightened scrutiny on the details of the data protection documentation set forth by data controllers. Sanctions issued over General Data Protection Regulation’s (GDPR) first two years of implementation had largely focused on penalising manifest disregard for GDPR (primarily in the form of a lack of appropriate technical and organisational measures or the absence of a lawful basis for personal data processing). In each of the three decisions, the data controller was a bank (Banco Bilbao Vizcaya Argentaria, SA [BBVA] and CaixaBank in the two AEPD decisions under review, Carrefour Banque in the CNIL decision previously commented by the co-authors). In the two Spanish decisions, the fines issued were, respectively, for €5m and €6m against BBVA and CaixaBank. Privacy professionals in the banking sector will need to factor in these regulatory developments and reassess the formulation of their privacy notifications. The industry has thus been invited to reassess its duty of privacy information from a new, more rigorous perspective. What degree of detail regarding the specifics of the data processing do regulators expect in a privacy notice? How should data controllers structure the collection of data subject consent to ensure it may constitute a legitimate basis for data processing? What are the elements they need to demonstrate to validly invoke a legitimate interest in the data processing? The two recent AEPD decisions under review set a high bar. While the two decisions are primarily remarkable in their substantive motivation (I), we will also highlight some particularly interesting procedural developments (II).

On the Huihui Question

AbstractIn Western discourse today the charge that Islam is “not just a religion” but a comprehensive social system is leveled to cast doubt over Muslims' ability to integrate into a political community. In the People's Republic of China, this understanding of Islam has served the opposite purpose. From the perspective of the Chinese Communist Party (CCP), religion cannot be the basis for legitimate political identity. Islam, however, is not just a religion. Rather, as a “social system,” Islam constitutes a legitimate basis for national identity, and the Hui (Huihui), or Chinese Muslims, therefore constitute a minority nationality. This essay explores the origins of the CCP's understanding of Islam in the 1930s and 1940s, when the Party first formulated its policy vis-à-vis the Hui. Glasserman shows how this understanding of Islam as “not just a religion” suited the political, geopolitical, and ideological circumstances of the Yan'an period (1936–48). He also shows how this understanding was informed by contemporary Hui discourse and activism.

Legislative power as a legitimate basis for legislative activity

The article is devoted to the study of the nature of the legislative pover and the disclosure of its role to serve as a legitimate basis for legislative activity. The provision is substantiated that the parliament, as a representative body of the whole people, has the highest level of legitimacy and on this basis exercises the right to legislate public relations according to the principle of separation of powers, including the exclusive right to regulate the most important issues of organization and exercise of power (article 92 of the Constitution of Ukraine). The relationship between the concepts of legislative power and legislative activity of the parliament is revealed and the recognition of the legislative activity of the parliament as the main, key function of the parliament and the organizational way of implementing the legislative power of the state is substantiated. The conditions, scope, limits, advantages and disadvantages of the practice of delegated legislation, which is widespread in democratic countries, as well as the legally sanctioned government rule-making on the basis of the instructions of the government provided by separate laws are investigated.
 The powers of the parliament in the field of law-making activity are analyzed, the source of which is the legislative power delegated by the people to the Verkhovna Rada of Ukraine, due to which the parliament receives from the people the primary right to carry out its law-making activity.
 The essence of legislative activity carried out within the legislative process is revealed, as activity on revealing of need for legal regulation of public relations, estimation of draft laws, their completion, carrying out professional examination, discussion and completion in committees, i.e. all actions directed on proper elaboration of laws’ projects. It is noted that the legislative process is not only and not so much limited by parliament, but also includes pre-parliamentary stages of work on the draft law (initiation, drafting, public discussion, examination, coordination with interested bodies and organizations).
 The general characteristic of subjects of law-making activity is given, the nature of powers of parliament on the organization and implementation of control over law-making activity is analyzed.

Javanese Royal Kingdom Addressing System in Kethoprak

Javanese language in the context of the royal kingdom has a complex system. This hierarchy-based speech slowly disappears as this system is declined nowadays in order to national and international politics (Blust, 2013). However, the pure form of Javanese language system, especially in the term of kingship, remains and is reflected in folk art as the society's response to its existence. Kings, as Weber (1978:294) argues, have to rely on the basis of legitimacy believed by their subordinates or followers as a way that explains their kingships in order to legitimize their rule as kings or leaders over their realms. Thus, this paper tries to briefly reveal the language and power relations in Javanese kingship by examining the system of addressing terms in kethoprak. Through critical sociolinguistics study of kethoprak discourse, the complex Javanese language system that is influenced by the royal kingdom and its structure are revealed. Overall, the use of addressing terms in the royal kingdom context was found to be dynamic, break and complement the related previous studies.

Revisiting the legitimacy question of the Nigerian 1999 Constitution

AbstractThis article revisits the legitimacy question as it touches the Nigerian 1999 Constitution, bringing to the discourse a review and application of pertinent theoretical perspectives on constitution making and constitutional legitimacy. This theoretical and pragmatic approach introduces a refreshing angle to the debate, revealing the paucity of any attempt to ascribe any legitimacy claim to a constitution with a doubtful normative claim and fraudulent attribution of its source and legitimacy to the people. The author finds the consent basis of constitutional legitimacy as most attractive to a divided state like Nigeria, and concludes by advocating the adoption of a blend of the principles of the constituent assembly and post sovereign constitution-making models for the production of a new people-driven and inclusive constitution to meet the needs of the Nigerian people.

Measuring professional skills misalignment based on early-career engineers’ perceptions of engineering expertise

ABSTRACT Professional skills have long been perceived as lacking in junior engineers. Adopting a social realist theoretical framework of knowledge in practice, a hypothesis-based survey study of early career engineers’ perceptions of engineering expertise was conducted. It investigated a professional skills readiness difference between initial career trajectories (hypothesis 1) through an analysis of engineering expertise perception, and whether this difference decreases over time as engineers mature (hypothesis 2). Both hypotheses were supported by three statistical tests which established the specific nature and size of this difference. Three themes were identified: Academic bias, Technical competence bias, and Rationality bias. Thematic analysis through the framework of these three themes indicates how context and complexity (Semantic dimension) and Knowledge and Knower (Specialisation dimension) were understood in practice. The three themes expressed challenges over these two dimensions in understanding Technical knowledge, Collaboration, and the Legitimate basis for practice, leading to recommendations for education and practice.

Remaking Worth: A Process Study of Transformation of Institutional Logics

Institutional logics are the materials, symbols, values and practices undergirding action within particular social worlds. Extant empirical examinations of logics have explained how actors are guided by cognitive or emotive mechanisms as particular logics are made salient. Yet we still lack a theory of utility formation across transrational orders capable of explaining the constitution of institutional logics themselves. Here, we conduct a longitudinal, inductive study of the transformation of the oil and gas sector in Alberta, Canada between 1938 and 2019. We theorize utility formation as involving a process of remaking worth, characterized by the erosion of existing and the construction of new bases of worth, which we define as criteria for justifying and demonstrating utility that provide a legitimate basis for value and constitute a logic’s substance (Friedland, 2013). A core process constituting our theory of remaking worth entails continuous evaluations of worth through problematization and justification. A key contribution of our study is the observation that institutional logics are inherently undergirded by bases of worth, a core aspect of the value-laden nature of logics that has been overlooked in the literature.

TEOLOGI ANTROPOSENTRIS DALAM SASTRA BIOGRAFI: KAJIAN ATAS NOVEL PENAKLUK BADAI KARYA AGUK IRAWAN M.N.

This article discusses biographical novel of K.H. Hasyim Asy'ari Penakluk Badai which represents the anthropocentric theology concept. The study of anthropocentric theology positions Islamic theology not only as a dogma, but as a theological basis for overcoming problems or problems faced by humans or Muslims. By conducting a study of the novel Penaluk Badai with an anthropocentric theology reading approach and using a qualitative methodology, it aims to identify that anthropocentric theology is the basis for the motivation of the character K.H. Hasyim Asy'ri as problem solving to problems or problems experienced by the Indonesian people, such as poverty, immorality, ignorance, oppression due to the practice of colonialism. Based on data collection and data analysis, it was found that the anthropocentric theology was functioned by the character K.H. Hasyim Asy'ari to raise awareness of Muslims to overcome the problems faced by the Indonesian people. Anthropocentric theology is the basis of legitimacy and the principle of religiosity for the attitudes, behaviors, thought patterns, and actions of K.H. Hasyim Asy'ari by establishing modern Islamic boarding schools and madrasa educational institutions, establishing a capital business for traders' organizations, issuing jihad resolution fatwas to solve the problems of Muslims.

From zero to villain: Applying narrative analysis in research on organizational reputation

AbstractWhat narratives accompany the emergence of a negative reputation? I combine research on public organizations’ reputation with narrative analysis. Narratives offer multiple benefits to reputational research, playing an important role in human cognition and comprising social constructions of both organizations and other actors. Organizations profit from insights of narrative analysis concerning their reputation management. I apply the Narrative Policy Framework to the Swiss Child and Adult Protection Agencies (CAPA). A quantitative analysis of 667 narratives in mass media shows that the emergence of the CAPA’s negative reputation was accompanied by villain depictions early on, with narratives assuming a different quality after an implementation scandal. Also the CAPA’s target groups underwent marked changes in their depictions, most notably with problem causers being cast as heroes in several narratives, thus questioning the CAPA’s basic legitimacy as problem‐solving organization. These findings provide the CAPA with concrete starting points to amend their reputation.

The Precarious Space for Mourning: Sick Leave as an Ambiguous Topic in Bereaved Parents\u2019 Accounts of the Return to Everyday Life After Reproductive Loss

This article addresses conflicting concerns related to space for mourning in Norway. It draws on material from qualitative interviews with bereaved parents who have lost a child in stillbirth. Space for mourning, and the need for sick leave, arose as a crucial concern and complex issue in these interviews. Although initiatives have been developed to introduce grief as a valid category in diagnostic repertoires, it is not a legitimate basis for sick leave in the acute phase. Common alternatives have been referrals to psychic instability or depression. Both variations represent a medicalization of the normal with implications that need to be addressed, and which this article discusses from the bereaved parents’ point of view. Extended parental leave, and the introduction of grief allowance, are possible alternatives for the provision of space in normal but demanding times of grief. Despite not yet part of the repertoire for gatekeepers in the Norwegian welfare state, they are part of the public discourse. Besides a crucial acknowledgment of the grief of the parents, these options also represent possibilities for preventing a pathologization of what is a normal rite of passage.

التأصیل الشرعی لمبادئ حوکمة الرقابة الشرعیة فی المصارف الإسلامیة

التأصيل الشرعي لمبادئ حوکمة الرقابة الشرعية في المصارف الإسلامية مساعد راشد الجمهور قسم الفقه وأصوله، کلية الشريعة والدراسات الإسلامية، جامعة الکويت، دولة الکويت. البريد الإلکتروني:mosaed.rashed@gmail.com الملخـــص هدفت هذه الدراسة إلى التأصيل الشرعي لمبادئ حوکمة الرقابة الشرعية في المصارف الإسلامية، إذ بينت مفاهيم مفردات تلک المبادئ وأصلت مشروعيتها من الکتاب والسنة، وخلصت الدراسة إلى تعريف مناسب لمبادئ حوکمة الرقابة الشرعية، ومشروعية تلک المبادئ في الکتاب والسنة، وأوصت الدراسة ببحث آثار تطبيق حوکمة الرقابة الشرعية في الواقع المصرفي، والتأصيل الشرعي للمبادئ الأخرى التي لم ترد في تعليمات تلک الحوکمة. وقد اتبعت الدراسة المنهجين التحليلي والاستنباطي، فبالمنهج التحليلي تقوم الدراسة بتحليل مبادئ الحوکمة والنظر فيما قامت عليه من أصول شرعية يحسن أن تستند إليها وأن تذکر معها، وبالمنهج الاستنباطي تستنطق هذه الدراسة تلک المبادئ لتفيض بما فيها من منافع وفوائد لإجرائها في واقع النظام المصرفي والمالي. Legitimizing the Principles of lawful Advisory Governance of Islamic Banks By: Mossa'ed Rashid Al- Jamhour Department of Jurisprudence and its Fundamentals College of Sharia and Islamic Studies University of Kuwait The State of Kuwait Abstract This research aims at legitimizing the principles of lawful advisory governance of Islamic banks. It also tries to clarify the concepts and the vocabulary of those principles as well as tracing their roots in the Holy Qur’an and Sunnah. The research has concluded with an appropriate definition of the principles of lawful advisory governance, and the legitimacy of those principles with reference to the Holy Qur’an and Sunnah. The research has recommended observing the impact of applying lawful advisory governance in the real world of banking as well as legitimizing other principles which have not been mentioned in the instructions of that governance. The research applies the analytical and deductive approaches. The analytical approach is utilized in the analysis of the principles of governance considering the legitimate basis upon which they relied. As for the deductive approach, this research investigates those principles in its search of the benefits beyond achieving them in the real world of banking and finance.

Albanian Schools in The Framework of The European Education Standards During 1920 - 1939

Since the beginning, the first Albanian school had the physiognomy of a school with a contemporary tendency. It is well known that the creators and founders were the Renaissance man, who praised and supported the ideas of the new pedagogy. This mindset set the Albanian school free from the mentality of didactic practices, which were commonly used by the old school. Over the years, Albanian education has tried to follow the footsteps of the European education. The object of this study is to recognize the attitude that Albanian school has held towards new pedagogical theories and developments of Western schools, as well as its tendency to embrace and adapt them to the political, economic, social and cultural situation of Albania. Here, I want to present this important phenomenon of the development of Albanian education and our pedagogical thought during the '20s and '30s of the 20th century. The purpose of this study is to give a scientific synthesis of the history of the development of education and pedagogical ideas in Albania, from 1920 until 1939. Within the limits allowed in a research paper, the reader can draw certain conclusions and experiences. If we look back and see how this progressive trend, turned into a movement that was becoming more powerful day by day and if we take a look at the past and all the other developments during 1920-1939, it is not difficult to understand that this trend would also appear in the Albanian school system. The basic legitimacy is that all dimensions of time - past, present and future are directly reflected in the fact that during all these years the Albanian education has tried to follow the footsteps of the European education.
 
 Received: 2 February 2021 / Accepted: 19 March 2021 / Published: 10 May 2021

Exploring the Voices of the Rif Hirak activism: The struggle for democracy in Morocco

ABSTRACT This article explores how the Rif Hirak activists perceive the legitimacy of the demands that were made vocal in the northern Rif of Morocco following the tragic death of a fishmonger in 2016. Given the lack of empirical studies, this article aims at stimulating more in-depth research into this neglected territory of knowledge. Accordingly, our major aim is to look at how these activists (i) perceive the emergence of the Rif Hirak Movement (ii) the basis on which they perceive the legitimacy of their demands and (iii) last how State’s approach towards these demands impacted youth emigration. To achieve this purpose, 15 activists were interviewed. The findings reported here strongly indicated the activists’ determination to the Voice option, mainly because of its legitimate basis. On the basis of this knowledge, the data gathered will be analyzed within the Voice, loyalty, and exit (EVL) framework.