Legitimate Claims Research Articles

THE EASTERN AND SOUTHERN BORDERS OF UKRAINE FROM THE PERSPECTIVE OF THE ZAPOROZIAN COSSACKS OF THE NEW ZAPORIZHIAN HOST (SICH)

This article aims to explore the perceptions of Zaporizhian Cossacks about the southern and the eastern Ukrainians borders in the times of the last Zaporizhian Sich. The studies have shown that Zaporizhian chief leaders of that time inherited Zaporizhian Cossacks’ beliefs and opinions that were recorded in reference sources as far back as in the last decade of the 17th century. Their opinions were also significantly re-shaped with the «symbolic geography», of the Hetmanate top leaders. Genetically, the set of Zaporizhian Cossacks’ beliefs and opinions has its roots in «mental maps» of the traditional Ukrainian early modern elite, i.e. princes and nobility (shlyakhta). It has been proven that Zaporizhian leaders identified the southern and the eastern borders of the Domain of the Lower Zaporizhian Host (Viysko Zaporizke Nyzove) with the respective limits of the Ukrainian territorial space. It has been found out that the Cossacks consistently considered the coast of the Black sea between the Dnipro estuary and the city of Bilgorod as the optimal limit in the south, and the river Don and the northern cost of the Azov sea as the optimal limit in the east. Expansion to Kuban observed from the years 1730 at least resulted in inclusion of the south-eastern coast of the Azov sea up to and including Yeysk Spit into the ‘own’ territorial space. The approaches of Zaporizhian leaders as to justification of their territorial claims legitimacy have been observed. It has been shown that Zaporizhzia Cossacks used the very same historical and legal proof-points that had been used by the Hetmanate top leaders. The pattern of lobbying the territorial interests by the Cossacks in relationships with the St. Petersburg and the Don Cossack Host has been checked. Peculiarities of assimilation of the territories by Zaporizhian Cossacks in the south and in the east have been examined.

Civil war violence and competing legitimacy claims: Evidence from district level courts cases in Nepal

Internal armed conflict is the ultimate instantiation of two actors – the state and a non-state group – challenging the legitimacy of one another. The state primarily responds violently to those who challenge, either violently or non-violently, its legitimacy. To what extent does the violent suppression of rebel activity erode state legitimacy? How does the potential for the use of violence by non-state armed groups and the offer of parallel governance erode state legitimacy? This research develops an argument specific to contested territories where both sides cannot offer model governance but use violence for opposing reasons, namely the rebel group to delegitimize the state and the state to regain its monopoly on the legitimate use of force. Because the use of violence from either side creates a demand for judicial remedies, I conceptualize the degree of legitimacy in terms of the utilization of the state court system in the face of increased violence by the state or non-state armed groups. In line with theoretical expectations, empirical analyses of criminal and civil cases filed in Nepal's district courts during the Maoist insurgency suggest a statistically significant negative impact of the rebel use of violence and their offer of alternative governance on state legitimacy. Similarly, the state's use of violence had a negative and significantly detrimental effect on state legitimacy.

Big Data, Proxies, Algorithmic Decision‐Making and the Future of Management Theory

AbstractThe future of theory in the age of big data and algorithms is a frequent topic in management research. However, with corporate ownership of big data and data processing capabilities designed for profit generation increasing rapidly, we witness a shift from scientific to ‘corporate empiricism’. Building on this debate, our ‘Point’ essay argues that theorizing in management research is at risk now. Unlike the ‘Counterpoint’ article, which portrays a bright future for management theory given available technological opportunities, we are concerned about management researchers increasingly ‘borrowing’ data from the corporate realm (e.g., Google et al.) to build or test theory. Our objection is that this data borrowing can harm scientific theorizing due to how scaling effects, proxy measures and algorithmic decision‐making performatively combine to undermine the scientific validity of theories. This undermining occurs through reducing scientific explanations, while technology shapes theory and reality in a profit‐predicting rather than in a truth‐seeking manner. Our essay has meta‐theoretical implications for management theory per se, as well as for political debates concerning the jurisdiction and legitimacy of knowledge claims in management research. Practically, these implications connect to debates on scientific responsibilities of researchers.

The Moral Entitlements of Future Persons: Expectancies and Prospective Beneficiaries

AbstractThis paper develops a future-oriented and person-centred normative argument based on expectancies that is immune to most of the problems identified in the rights of future persons. The argument unfolds in four parts. The first draws on the notion of expectancies present in inheritance law and maintains that it is possible to formulate a rule of prospective beneficiaries that correlates with entitlements and legitimate claims without necessarily acquiring the status of rights. The second extends expectancies to future persons and concludes that the latter can be considered present holders of such currently binding entitlements. The third section raises the question of whether democracies are bound to a principle of fidelity towards expectancies in such a way that outweighs current people’s rights in cases of conflicts. The response does not prove particularly future-beneficial in such cases. However, section four clarifies why expectancies still carry a crucial moral weight in democracies, one that is not sufficiently established by depersonalised forms of future-oriented ethics.

Principles Justifying the Reallocation of Taxing Rights to Market Jurisdictions: Do We Need Them?

This article argues that the taxing right of market jurisdictions under Pillar One is justified by commonly invoked and widely accepted principles in international taxation. This is not just a desirable outcome of the international coordination on the allocation of taxing rights but a moral demand that the inter-state allocation of taxing rights must comply with. A principle-based allocation of taxing rights is a precondition for the legitimacy and thus the equity of the international tax regime. Principles, such as ability to pay, the benefits principle and economic allegiance, provide a normative justification for asserting tax jurisdiction. Despite the criticism regarding their vagueness, indeterminateness, and overlaps between their meaning, the benefits principle and economic allegiance have a definite function in the international tax regime insofar as they designate the countries that have a legitimate claim to tax international income. Pillar One, international tax coordination, equity in international taxation, internation equity, legitimacy, principles, justification of taxation, justification of tax jurisdiction, benefits principle, economic allegiance.

ENFORCING CORPORATE SOCIAL RESPONSIBILITY (CSR): AN ASSESSMENT OF INSTITUTIONAL ACTIONS AGAINST MULTINATIONAL OIL AND GAS COMPANIES IN NIGERIA

Enforcing Corporate Social Responsibility (CSR) has been largely controversial. This is largely due to questions of whether legitimate claims can arise social responsibility lacking in established legal rights and obligations. This paper assesses the nature of CSR framework in Nigeria to determine the possibility of a legal claim against governments or multinationals operating in Nigeria. The research achieves the outcome by evaluating the operations of the Nigerian Content and Monitoring Development Board (NCMDB) in relation to elicit the structural inadequacies in performing its functions with regards to enforcing CSR presumptions.

양민 학살 사건에 대한 4월혁명 직후 언론 보도의 양상과 특징

This study shows how the press, after the April Revolution(1960), reported the massacres that had been occurred before/after the Korean War(1950-1953) and explains its characteristics. For these purposes, newspaper articles from the central/the local were analyzed as main materials and their perspectives were grasped from the editorials.
 The press covered the stories of the massacres from recording the testimony of the bereaved(victims) and revealed more such cases in various places. From mid-May to early June 1960, these articles were plastered on the pages of major daily newspapers. Thus, massacres emerged as a political and social issue after the April Revolution. The press produced a variety of discourse analyzing them. On the premise of their illegality, the media made legitimate claims such as finding truth, punishing the perpetrators, and compensating the victims. The press also specifically explored these alternatives.

Austrian vs Post Keynesian explanations of the business cycle: an empirical examination

Neoclassical economists posted many mea culpas after they completely missed the Financial Crisis of 2008. Some heterodox schools of thought, however, claimed to have seen it coming. Among these were the Austrians and Post Keynesians. There was a surge in references to Austrian Business Cycle Theory in both the scholarly and popular press, while Post Keynesians like Steve Keen took to the blogosphere to warn people of the coming crash. One is led to wonder, however, if both can truly lay a legitimate claim to such accurate precognition when their theoretical underpinnings are so radically different? Can it be that deviations of the actual from the “natural” rate of interest were to blame at the same time that Keynes/Kalecki-style boom-bust cycles were emerging? To answer this question, an empirical test is run comparing the explanatory power of models based on each theory. Rather than limit this to just the period around the Financial Crisis, the test covers 1962 through 2020. The overall results are then compared, as well as the fit just leading up to and through the recession of 2008Q1 to 2009Q2. The results suggest that the Post Keynesians have a considerably stronger case than the Austrians.

Communal Geographies: Space, Identity and Electoral Constituency in Colonial North India

The Indian Councils Act, 1909, the Government of India Act, 1919, and the Government of India Act, 1935, defined political space—an arena of political negotiations through electoral representation—along religious lines. The most crucial aspect of these legislative-institutional developments was the definition and delimitation of ‘communal-territorial constituencies’, and franchisee qualifications. This specific colonial form of representative politics, which was debated, negotiated and translated by the religio-political elite in the arena of local politics, produced a communal notion of space. Thus, each of the localities, wards, cities and regions at large were officially demarcated into Muhammadan, General/Hindu, Sikh and Indian-Christian electoral constituencies. The paper explores the intricacies of this process and the complex question of ‘representation’ during the period of the national movement. It argues that this official demarcation of social groups and localities into political constituencies produced a complex configuration of identity and space, which had multiple manifestations with extended franchise. It established electoral representation as a mode to make legitimate claims and counterclaims over space.

The discursive construction of organizational legitimacy in higher education: Multimodal discourse analysis on Chinese business schools

Applying a Multimodal Discourse Analysis framework, this study focuses on university websites to explore how organizational legitimacy is constructed through discursive strategies. Our findings show that under authoritative administrative logic and market logic, universities construct two organizational identities: policy followers and product/service suppliers, and use exemplification and authorization strategies respectively through visual discourse to legitimate the identities. To avoid potential conflicts between the legitimacy claims associated with these two identities, universities apply a decoupling strategy to isolate the two identities, along with both explicit and implicit expressions, through the intertextuality between visual and verbal discourses. The constitutive characteristics of universities’ website discourse reveal the complexity of Chinese institutional context in higher education field and the constitutive influence of the institutional background on organizational discourse and legitimation strategies.

The legitimacy of land use decisions by public authorities in the Netherlands: Results from a survey experiment

Because of the ever-growing scarcity of land, decisions on land use are increasingly contested. Public authorities and policy makers rely on the legitimacy of their powers to make these decisions. This contribution empirically tests three legitimacy claims commonly used by public officials. We compare the political claim of representation of the public interest with the participative claim of co-decision and the judicial claim of neutrality and general legal norms applied equally to all. Our representative survey experiment (N = 1501) tests these claims in the context of land use decisions in the Netherlands. It appears that the participative and the judicial claim produce substantially more public legitimacy than the political claim of representing the public interest. Both co-decision and judicialization of decision-making can thus be effective ways to secure legitimacy of land use decisions.

Investigating the robustness of UK airport net zero plans

Airports hold a critical role in the success of the air transport systems' transition to net zero greenhouse gas emissions. As airport net zero targets and plans are released, it is necessary to establish their alignment with current best practice. A net zero for airports framework is developed through literature review incorporating sector-specific themes of importance. Publicly available net zero and sustainability documents of 14 UK airport organisations are reviewed against the framework. Most strategies align with best practice in terms of ‘approach’: prioritising emission reduction, describing implementation plans, and demonstrating immediate implementation.Two notable gaps emerge. Firstly, many targets have limited scope covering owned emissions only, failing to account for the total impact of the airport system. Industry guidance should be updated to facilitate the adoption of a more holistic approach for legitimate net zero claims. Terminology used in targets should clearly define scope to avoid confusion and accusations of greenwashing. Secondly, most airport strategies fail to present a clear plan for offsetting and greenhouse gas removal (GGR). To present comprehensive targets and credible plans, airport operators and the trade bodies that represent them should focus on rectifying these shortcomings to minimise exposure to risks.

The Role of Narratives for Gaining Domestic Political Legitimacy: China’s Image Management during COVID-19

Crises constitute ideal opportunities for authoritarian leaders to promote certain narratives, shaping reality in their favor and crafting their own preferred storylines about current events. In other words: they serve authoritarian leaders on a silver platter the opportunity to instrumentalize these unforeseen circumstances to gain domestic political legitimacy by promoting strategic narratives. The COVID-19 pandemic was no exception in this regard. Ever since its onset in early 2020, the Chinese Communist Party (CCP) was among the most active actors worldwide seeking to capitalize on the global crisis for legitimation purposes. Whether applying narratives of governance supremacy, portraying the People’s Republic of China as a “global savior,” or promoting emotionally appealing nationalistic narratives, the regime used the pandemic as a window of opportunity to rebrand its international role and enhance its domestic legitimacy. When observing the CCP’s communication style over the course of 24 pandemic months (2020–2022), however, major shifts become apparent regarding the main narratives crafted in communication with national audiences. Based on this, the paper focuses on the role of such narratives for legitimation claims. Using exemplary media articles collected between the outbreak of the pandemic in China in late 2019 until the harsh Shanghai lockdown in spring 2022, it thus traces the narratives employed by Chinese state elites and explores how they are intertwined with nationalism and broader power claims.

Bodies and Spaces: Citizenship as Claims-Making in Germany, 1942–1949

AbstractIn 1935, the Nazi Party promulgated the Reich citizenship law, which, to protect the purity of the Volksgemeinschaft, denaturalized numerous people who perceived themselves as German. Despite this perceived threat to the national body, the Third Reich drafted some mixed-race men to serve in the Wehrmacht during World War II. Traditionally, scholars have focused their studies of mixed-race veterans on the so-called Jewish Mischlinge who served in the Wehrmacht. This article expands the aperture by examining the oral history testimony of Hans Hauck, a Black German Wehrmacht veteran whose wartime experiences present a complex story of a man who claimed to be German despite legal structures and normative ideals about Germanness that excluded him. Drawing on Hauck's oral history testimonies regarding two periods of his military service, I argue that Hauck used his body, symbols, and physical spaces to seek recognition as a legitimate claimant of Germanness.

Collective Memory and Everyday Politics in North Korea: A Qualitative Text Analysis of New Year Statements, 1946–2019

ABSTRACT Rulers often use a mythologised understanding of the past to further their political interests in the present. In authoritarian societies, rulers often manipulate collective memory to justify their hold on power. When rulers manipulate specific aspects of the past, they can shape the collective memory of ordinary people and thus have a significant impact on everyday politics. Using the case of North Korea, one of the world’s most authoritarian societies, I theorise everyday politics from the standpoint of the state by focusing on legitimation and collective memory. Based on the New Year statements issued by North Korean rulers between 1946 and 2019, I use thematic coding through qualitative text analysis to analyse how these rulers have portrayed specific aspects of the past in their political discourse. The article focuses on how legitimation claims about the ‘Chollima Work Team’ within the ‘Chollima Movement’ have used memory politics to shape the everyday lives of North Koreans. Because these claims have been invoked consistently in propaganda for decades, a comparative examination over time shows the propagandistic tools that North Korean rulers have drawn on for mobilisation.

Theorising political legitimisation: From stasis to processes

Legitimacy remains a key concept in political sociology, and perhaps even more so in lay understandings of political processes and structures, as evidenced by conflict over territories and regimes around the world. However, the concept suffers from a rather static representation, and even when addressed in processual form, in terms of specific moments in the process, such as conditions favouring legitimacy or its effects. Building from an Eliasian perspective, we argue for a more processual concept of legitimisation to encompass the dynamic social networks (figurations) that constitute the more unintentional context for deliberate legitimation claims. As networks expand and intensify, processes of legitimisation incorporate changing and more diverse bases for legitimacy claims, as well as a greater variety of such claims and counterclaims. As the power relations between contending groups change, legitimation practices become part of the integrating functions of the state, shaping figurations and the social habitus.

DILEMMAS OF RE-NATIVIZATION OF INDIGENOUS LAW

The author in this study tests the applicability of basic categories of Leon Petrażycki’s (1865–1931) socio-psychological theory of law, pointing at ambiguity of the concept of ‘indigenous law’, ‘natives’ law’ and ‘customary law’. First, however, the right to one’s own law is followed through the history of colonization. It is essential for the plight of the indigenous people that already in 1537 Popes recognized that ‘original inhabitants’ had ‘rights’ and thus ‘legitimate claims’. If, on the one hand, there are ‘rights’ and ‘rightful claims’ then, on the other, there are duties that include not only the negative refraining from appropriation but also the positive duty to protect in exchange for the impairing the indigenous sovereignty. But whenever the nexus iuris is recognized, i.e. the link of correlative rights and duties, there is a law (Petrażycki) and ‘inherent – even if impaired, or as some say, abused – sovereignty of the indigenous people’ (Justice Marshall). The pluralist notion of ‘law’, the distinction between the ‘normative positive’ reference and the ‘normative intuition’ and the distinction between the ‘normative’ and the ‘factual’ should allow one to organize systematically the multiple issues that one encounters when approaching the area of ‘indigenous law’. From discussion of the official nonindigenous indigenous law exemplified by the federal Native American law of the United States the paper moves on to discuss the Navajo case of the official tribal law. It comes out that the native procedures and law are full of religious meaning so the ‘cultural’ sovereignty is much more fundamental and value-loaded than the secular philosophy of human rights incommensurable with the right to one’s own law. This is not considered when borrowing from native law into secular Western law (Greenland’s Criminal Code; mediation procedures in North America). The meaning of cultural sovereignty is the right to develop one’s law so that it fits one’s needs and aims. But the full success story is when the antithesis of the ‘indigenous’ and ‘dominant’ law is settled through the feedback from the former to the latter, like when the law – not only of a country but also on the global level – becomes syncretic and embraces deeper universalization of the human rights.

Regime legitimation strategies and competition laws in autocracies

Competition laws play important roles in safeguarding and promoting competition in an economy. One important question is why some countries adopt strong competition laws, while others do not. Previous studies emphasize the difference between democracy and autocracy and argue that democracies tend to adopt stronger competition laws. However, these studies pay little attention to the fact that autocratic competition policies vary considerably. I argue that autocratic regimes’ legitimation strategies affect their competition policies. Even autocrats care about what ordinary citizens think and will attempt to legitimize themselves. However, autocrats rely on different legitimacy claims to justify their rule. When autocracies justify their rule based on their performance, they more seriously consider economic concentration and anti-competitive practices, which leads them to adopt stronger competition laws. This incentive is much weaker when they rely on other legitimacy claims. I further posit that institutional and external contexts modify the effect of performance-based legitimation strategies. To the extent that performance-based legitimation strategies lead to stronger competition policies, they are more likely to do so either when an authoritarian regime allows electoral competition or when neighboring countries have strong competition laws. I test the hypotheses by using a global sample of autocracies from 1950 to 2010. A comprehensive set of analyses provide strong evidence for the arguments. The result shows that an authoritarian regime’s performance-based legitimacy claims are positively related to its competition laws’ strength, while other legitimation strategies do not positively correlate with the strength of competition laws. Further analysis reveals that performance legitimacy claims significantly interact with electoral competition and the regional prevalence of competition laws to influence competition policies.

CJEU case law on CHF loans the most important issues still awaiting for the decision (limitation of claims, remuneration for the usage of capital)

The Unfair Contract Terms Directive and provisions of the national law which implement that legal act realize a system of consumer protection against the usage of abusive clauses in contracts concluded by consumers and professionals. The large set of case law provided by the CJEU makes it possible to clarify the principles and scope of the consumers protection. However, it is not comprehensive, as there are still important legal issues that have not been yet resolved by the CJEUs judgements. They concern, in particular, such important issues for borrowers as determining the beginning of the limitation period for claims of the parties to the contract, as well as assessing the legitimacy of the lenders' claims for payment of remuneration for the use of the capital of the loan, which had been paid on the basis of a contract which has been declared void. That issues are addressed by references in preliminary ruling proceedings, currently conducted before the CJEU on the basis of questions submitted by Polish courts, in cases concerning borrowers. Examination of these questions leads to the conclusion, that the Court probably will take a pro-consumer position on these key issues, consistently advocating for the broad protection of the weaker party to the contract.

Unethical but not illegal! A critical look at two-sided disinformation platforms: Justifications, critique, and a way forward

Crowdsourced disinformation represents a two-sided-market model wherein a platform organizer orchestrates the interaction between disinformation requesters and crowdworkers for a fee. Academic research and industry reports demonstrate that the disinformation business is thriving and that its consequences can be severe; however, research on this topic has focused mainly on developing technical methods to detect disinformation, while leaving the social aspects of the phenomenon unaddressed. In particular, very little is known about the discursive tactics that platforms apply to justify disinformation-service offerings such that these appear acceptable to potential customers. Taking a critical approach to the topic, the paper examines how platform organizers justify their disinformation services and to what extent the justifications given are valid. These questions are addressed via a unique dataset from 10 crowdsourcing platforms specializing in social-media–based reputation management. Drawing on the lens of accounts, the analysis suggests that these platforms employ six means of justification for persuasion purposes: the “claim of entitlement,” “defense of the necessity,” the “claim of ubiquity,” “language sanitization,” “appeal to professionalism,” and “appeal to codified rules.” Critical discourse analysis scrutinizing these accounts against the validity claims of comprehensibility, truth, sincerity, and legitimacy indicates that they cannot be considered valid. The paper discusses the implications of the findings and offers several recommendations designed for improving the status quo.