Legitimate Means Research Articles

You scratch my back, and I scratch yours: Autocratic reciprocity in the politics of naming and shaming

What drives some authoritarian states to engage in more naming and shaming of human rights violations than others? The Universal Periodic Review is a unique process requiring all UN members to participate in peer review on human rights issues. It has already finished its third cycle with active participation from all members since 2008. Although both democracies and authoritarian regimes have engaged in peer reviews on human rights issues, few studies explore the influence of different regimes on naming and shaming behavior on human rights issues. In this paper, we argue that authoritarian states use the peer review process as a means of legitimation. We expect authoritarian states to be more lenient towards other authoritarian regimes to increase their legitimacy, while democracies are likely to be impartial to shame human rights abusers. This paper examines how the relational politics of naming and shaming behaviors on human rights issues change as a function of political regimes. We test our expectations using a large-N sample of dyads. We compare the peer reviews of the Universal Periodic Review between 2008 and 2020 with different dyads of democracies and authoritarian regimes.

‘They don’t even teach you how to make money!’ What insights can marginalised young people provide into developing inclusive education policy?

Using data from a qualitative study exploring the intersections of school exclusion, mental health, and involvement in criminal behaviour, we explore young people’s experience of schools to inform consideration of how schools might be modified to help improve mental health and engagement, and take a more proactive role in safeguarding young people from contextual risks. We draw on sociological theories considering how inequity and disadvantage may be reproduced. Poor experiences of school create disengagement, perpetuate deep structural inequalities, and can act as a motivating force to gain status and money through the illicit economy. Broadening the focus in schools, away from the narrow pursuit of academia, to include more group-based and project-based learning; placing greater priority on life skills and vocational training; and focussing more on developing a sense of belonging through sports and arts may benefit all students, particularly those most at risk of exclusion. If the education system is to build stronger engagement with the most marginalised students, it must actively support them to achieve their priority to find (legitimate) means of earning money.

(Un)Funny Against All Odds: The Changing Landscape of Humour in Politics

The article wants to set the stage for the rest of the special issue titled ‘From resistance to legitimation: The changing role of humour in politics’ by providing an overview of some the key concepts, theories and approaches to humour. It begins by considering different concepts of and some of the theoretical approaches to the functions and implications of humour including relief, superiority and incongruity as well as carnival theory and the role of parody. From these ideas, it outlines several functions of using humour in politics which include the raising of public attention and distraction, provocation and isolation from critique, humour as a means of persuasion and anxiety management as well as the use of humour as a means of stabilizing and de-stabilizing hierarchies. Turning to the main contribution of the special issue it outlines the changing relationship of humour in politics from a means of critique of power to a means of legitimation of power. It places the contribution of the special issue in this debate and holds that humour plays an ambiguous role and calls for further research into the dark and unfunny side of humour in politics.

On the Legitimate Means for Political Action: John Dewey and the Spectator’s View on Politics

On the Legitimate Means for Political Action: John Dewey and the Spectator’s View on Politics

Can a leader be authentic and cruel? What happens when a vice becomes a virtue

There is now a substantial literature on the desirability of authentic leadership. While the concept has its critics, overwhelming this literature sees authentic leadership as a virtuous practice that benefits all: the leaders themselves, their followers, and the organizations they lead. But what if were possible for a leader to be seen as both authentic and cruel? For this to happen it would require a vice to be reconstrued as a virtue. Drawing on the work of Judith Shklar, I argue that it is indeed possible for a leader to be both authentic and cruel under circumstances where cruelty is seen by followers as a legitimate means to a desirable end. I support this claim by examining the way that some political leaders advocate cruelty toward refugees in the name of the common good. Shklar has shown that, under such circumstances, a leader is more likely to be challenged by their followers for being hypocritical (the antipode of authenticity) than for being cruel. From this I draw conclusions about the nature of authentic leadership as a performative and productive practice. I end by encouraging research on the organizational and institutional antecedents that enable leaders who are deemed to be authentic to thrive, even when they act cruelly.

Speech, Personification, and Friendship in Plato’s Crito

In this article, I propose novel answers to three longstanding questions in the scholarship on Plato’s Crito: (1) Why does Socrates choose to respond to Crito in the second part of the conversation by using a speech?; (2) Why does this speech employ personification?; and (3) Why are the Laws, specifically, personified ? The answers to these questions will reveal Socrates’ method of treating Crito and his worldview. The latter considers himself to be a good man for a twofold reason, namely, he is concerned not only about helping a friend but also about the possible negative consequences of doing so. Crito takes care not to harm anyone while saving his friend and wishes to use only legitimate means. But Socrates will ultimately show Crito how, in fact, he uses violence to achieve his goals; how he harms others in the process, and how he is not nearly as good a friend as he believes himself to be. The result is a new way of looking at the dialogue, and of Plato’s message in composing it.

Power, youth, and temporality: capitalising on the symbolic in resourcing social entrepreneurship

Purpose Using elements of Bourdieu’s (1986) capitals framework as an underpinning conceptual architecture, this paper theorises the role of symbolic capital in resourcing a specific example of socially entrepreneurial behaviour. Design/methodology/approach This paper relies on data collected via a qualitative variant of the critical incident technique. Findings The analysis resulted in three focal themes: power (a dynamic of cooperation rather than domination), age (youth as a means of legitimation) and temporality (as both lever and conduit). Research limitations/implications These themes further current understanding of socially entrepreneurial behaviour and potentially catalyse additional questioning and investigation specific to the construct of symbolic capital in this context. Practical implications The insights offered in the paper may assist those tasked with supporting success (policymakers and practitioners) in the social entrepreneurship domain. Originality/value Relatively little is known about the operationalisation of capitals in the context of social entrepreneurship, and even less about symbolic capital specifically. Particular emphasis is given to moving beyond a focus on the simple mechanics of capital exchange and conversion.

What Comes After the End of Symbolic Power?

The question of symbolic power is taking on a special importance today, when the purely symbolic means of legitimisation of power are being transformed, weakened and replaced by new forms of governance that refer to economic and technical norms. Pierre Bourdieu’s account of symbolic power, so influential in contemporary sociology, equates its operation with symbolic violence. Contemporary societies are manifesting multiple symptoms of crisis in the structures of symbolic power — and this crisis is leading not to the easing of violence but to the emergence of new forms of suffering. A different theoretical portrayal of symbolic power is therefore needed, one that would explain what we are losing with the crisis and weakening of this power. This article presents such a take, which refers predominantly to Lacanian psychoanalysis. Its first section lays out the main problem and provides a short reconstruction of Pierre Bourdieu’s account. The second part presents the sources of the notion of symbolic power, in the works of the Durkheimian school and structuralism, while the third introduces the psychoanalytic account. The fourth tackles the crisis in symbolic power, the fifth — new forms of suffering in the new, “post-symbolic” social situation, and the last part offers a summary of the arguments by referring to the issue of the relationship between symbolic and post-symbolic power.

Cultural factors contributing to gender-based violence in Zambian societies

Overview: This study examined the intricate cultural dynamics underlying the prevalence of gender-based violence (GBV) within Zambian societies. Despite legislative efforts and international campaigns to combat GBV, its persistence underscores the need for a deeper understanding of the cultural underpinnings that perpetuate such violence. Body of Knowledge: Through qualitative and quantitative analysis, this study sought to identify key cultural elements such as patriarchal structures, beliefs about masculinity and femininity, and the role of family and community dynamics in shaping attitudes and behaviors related to gender-based violence. Additionally, this study delves into the multifaceted ways in which cultural norms, beliefs, and practices intersect with gender dynamics to foster environments conducive to GBV. Methods: The population comprised of government officials at the district level who had some responsibility for GBV, police officers from VSU, and Members of the community. The total target population was 1000. The sample size involved a total of 100 respondents which is 10% of the target population. The study used purposive sampling to select government officials and police officers while simple random sampling was used to selected community members. This study used descriptive design to analyze the data. Interviews, ethnographic observation, and questionnaires were used to collect data. Qualitative and Quantitative techniques of data analysis was used, and data was presented on the analytical tools such as tables, figures and charts. Results: Initial findings revealed that traditional gender roles deeply entrenched in Zambian culture play a pivotal role in perpetuating GBV. The patriarchal structure of society often assigns men dominance and control over women, leading to power imbalances that facilitate violence. Furthermore, beliefs surrounding masculinity, including expectations of aggression and dominance, contribute to a culture of impunity surrounding GBV. Men are often socialized to perceive violence as a legitimate means of asserting authority, while women may internalize norms of submission and silence. Recommendation: This study underscores the urgent need for culturally sensitive interventions that address the root causes of GBV in Zambia. By engaging communities in dialogue and challenging harmful cultural norms, sustainable solutions can be developed to promote gender equality and create safer environments for all individuals.

Реституция и репатриация культурных ценностей: позитивистский подход бывших метрополий против подхода стран третьего мира к международному публичному праву

The article addresses the correlation between the mechanism of international legal regulation of restitution and repatriation of cultural heritage with the position of moral philosophy, exemplified by their voluntary return to countries of the Global South within the framework of the “metropolis-colony” model, aiming to restore historical justice in the context of cultural artifacts’ removal by former metropolises from former colonies’ territories. It highlights the problem of the current impossibility to recognize this process as a legal institution of international law due to the lack of a unified declared approach to solving the aforementioned issue. The article concludes by advocating for the necessity of consolidating the existing experience and developing a unified concept for the return of cultural heritage lost by previously colonial dependent states. It argues that the basis of restitution and repatriation lies not only in the moral paradigms of Western Europe and modern political interests but also in the preservation of global cultural heritage and the prevention of the voluntary restitution’s exploitation as a legitimate means of its transfer to private collections. This article delves into the intricacies of international legal frameworks surrounding the restitution and repatriation of cultural artifacts, juxtaposing the positivist stance of former colonial powers against the perspectives of nations from the Third World. It scrutinizes the ethical and political dimensions of governments’ attitudes towards their historical colonial past, examining various models of voluntary restitution within the national systems of the Netherlands, France, the United Kingdom, and Germany. The analysis underscores the imperative of synthesizing diverse approaches and crafting a cohesive strategy for returning cultural treasures to their rightful owners. Moreover, it emphasizes the multifaceted motivations underlying restitution efforts, emphasizing not only moral imperatives and modern political agendas but also the imperative of safeguarding the world’s cultural heritage and thwarting the exploitation of voluntary restitution as a conduit for the legitimization of cultural appropriation into private collections.

Counter Hegemony Through The Role Of The Wasathiyah Millennial Muslim Generation In Realizing World Peace

The research findings indicate that the state's authority over society's intellectual life is entirely pursued through cultural mechanisms. This allows the state to establish jurisdiction authority acquired through legitimate means, such as a public decision to accept or reject a policy decision made by a power holder without resorting to Dominio, which is a form of dominance based on violence. In terms of the millennial wasathiyah Muslim generation's role and attempts to bring about peace, the paradigm is the realization of a pluralistic society made up of people from various ethnic, cultural, religious, and other backgrounds who share the same resolve and goals to establish the country and state.

Factors that determine Islamic entrepreneurial intention: an empirical investigation using two country samples

Purpose Islam describes business as a legitimate means of halal income. However, little is known about what attracts people towards Islamic entrepreneurship or halalpreneurship. By applying the theory of planned behaviour, this study aims to contribute to this underexplored area by investigating the factors that affect Islamic entrepreneurial intention (IEI). Design/methodology/approach This study examined a mediation model using two country samples. First, the hypotheses were tested on a sample recruited from a high-income economy (i.e. Saudi Arabia) using structural equation modelling in AMOS V26. The authors then conducted a replication study to investigate the robustness of the findings using a sample recruited from a lower-middleincome economy (i.e. Bangladesh) and a different analysis technique, the PROCESS mediation model in SPSS V25. Findings The findings suggest that IEI depends on four antecedents, namely, attitude towards Islamic entrepreneurship, general entrepreneurial self-efficacy, Islamic entrepreneurial self-efficacy and perceived halal income. These antecedents also mediate the relationship between moral judgement and IEI. Research limitations/implications This study offers an empirical framework that captures several perspectives on the formation of IEI. The findings contribute to entrepreneurial intention and motivation research by suggesting factors that motivate individuals to engage in Islamic entrepreneurship. Originality/value The findings imply that the framework of IEI can withstand diverse socioeconomic contexts. A novel perspective of this study is that Muslims who are motivated by perceived halal income show greater interest in becoming Islamic entrepreneurs.

Moldovan Democratic Republic and the imperative of national unity (1917–1918)

The present study argues that the Union of Bessarabia with the mother country, Romania, on March 27, 1918 gave expression to the natural tendency of Bessarabian Romanians to return to the ancestral hearth, representing in the complex circumstances of 1918 an authentic salvation not only for the national being in Bessarabia, but also for its consolidation and expansion democratic values throughout the Romanian space. The author emphasizes that the determining importance of Bessarabia's return its motherland made the dissolution of the Moldavian Democratic Republic perceived as a moment of inevitable separation, the popular hopes being tied to the Romanian state from now on. It is mentioned that the embryonic statehood of the territory between Prut and Dniester, as an expression of national self-determination, was a useful, important and legitimate vehicle and means in the complicated process of unchaining and finding the two banks of the Prut River. It is concluded that giving up a statehood that they did not have the resources to fully assume, which could become an easy prey for expansionist desires, the Romanians from Bessarabia, as well as the neighboring ethnic groups, have gained, instead, an entire country, part of the free European space.

The Digital Ruble as a Legitimate Means of Payment

The paper is devoted to the study of the digital ruble as a legal means of payment and examination of the categories of the monetary item and monetary unit. The author objects to an unjustified use of the term «currency» in the law on digital financial assets and academic writings and expresses doubts about the emergence of a new type of civil rights — a digital right. In this regard, the paper raises the problem of «defect of the content» of the legislative act. The digital ruble is considered as a kind of a fiat currency. The author justifies that a legal means of payment can be represented by both cash and non-cash money. The author proves that the regime of the digital ruble as a legal means of payment represents a system of rules providing for the issuance by the Bank of Russia on behalf of the state of a means of payment in the form of a digital banknote accepted at face value on the territory of the Russian Federation to repay any monetary obligations, and servicing all transactions in the digital ruble.

Packaging Fatwa in the Post Truth Era: MUI Fatwa Contest Facing New Religious Authority

Indonesia has a federation organization that brings together several Islamic organizations. This organization is known as the Indonesian Ulema Council (MUI). One of his duties is to issue Islamic legal fatwas to serve as guidelines for the Muslim community. However, on a practical level, quite a few fatwas give rise to polemics. In several cases of intolerance and mobilization of political interests, MUI fatwas are often used as a means of legitimation. This article wants to discuss the contestation of the MUI fatwa with the dynamics of Islamic thought in Indonesia in the context of the digital era. Data was obtained from online news documents regarding MUI fatwas in several cases with social problems. This research found that the MUI fatwa polemic arose due to the need to consider Indonesia's social setting and political conditions. Hence, Islamic law products were prone to being misused and misunderstood. This study also argues that the MUI authorities must package the fatwa by prioritizing cultural diversity, social impacts, and political tensions at that time. Thus, the MUI fatwa must be formulated apart from being based on scientific grounds and supported by good online media infrastructure. So they will be better able to contest with the new religious authority in the post-truth era. Good fatwa packaging via social media is also oriented towards finding substantial values in responding to community problems based on the principle of uniting the community (tauhid al-ummah) and protecting the community (himayat al-ummah).

Preoperative 3D Microvascular Decompression Simulation

Preoperative surgical simulation via three-dimensional fusion computer graphics models have been widely accepted as a legitimate means of securing the diagnosis and treatment effectiveness of neurovascular compression. The authors discussed three factors of surgical simulation as being 1. Knowing the anatomical relationship, 2. Knowing the desirable end result of surgical intervention, and 3. Knowing how to design surgical interventions to achieve such desirable end results. Satisfying each factor requires distinct functionality from the software used in the surgical simulation. As per the imaging study used to construct the multimodal computer graphic models, CT scan and MR are usually sufficient, although renal function-permitting contrast enhancement can be a feasible option for depicting minute vessels in particular. There are three major steps in building three-dimensional fusion computer graphics models:1. Image interpretation, 2. co-registration, and 3. Segmentation. Each step comprises an essential part that must be handled with care. The segmentation step is where rigorous technological advancement takes place, although classical techniques, such as the seeded region growing method or the multi-threshold method, are still practically important. Regarding surgical simulation after three-dimensional model construction, technical challenges concerning large deformations should be recognized to ensure non-nonsense surgical simulation.

Forensic Disinformation as a Tactical and Forensic Means of Detecting and Solving Corruption Criminal Offenses

The article purpose is to study the peculiarities of implementing forensic disinformation as a tactical and forensic means for detecting and solving corruption criminal offenses. To achieve this goal, formal-logical and system-structural methods were used. Article 45 of the Criminal Code of Ukraine distinguishes two groups of corruption criminal offenses, during the detection and disclosure of which suspects (accused) provide false information about the method of preparation, commission or concealment of their criminal activity. The essence of criminal and forensic disinformation is compared. The author examines the practice of the US Supreme Court regarding the legality of using disinformation by police officers in identifying racketeers and corrupt organizations. The author substantiates the moral grounds for the use of forensic disinformation. It is noted that the legend remains an effective and classical means of its implementation, and the most common form is the tactical operation “staging”. The author distinguishes between the features of forensic and criminal staging. It is noted that forensic staging (as opposed to criminal staging) is a legitimate and constructive means of safeguarding and protecting the interests of an individual, society and the State from corruption criminal offenses. The author identifies the criteria for the use of forensic disinformation and defines its rules: 1) focus on the task; 2) validity, timeliness, mobility, efficiency, and flexibility; 3) compliance with the plan and the approved plan; 4) personnel, financial and logistical support; 5) situational validity, taking into account the personality of the offender; 6) creative approach with due regard for possible changes in the situation; 7) visualization.

From Victim to Victor. Changing the Narrative in 21st Century China

The paper analyzes the transformation of the victim narrative present in the Chinese political discourse, all along the 20th century, both prior and during the first decades of the People’s Republic founded in 1949, into a narrative of success. Used to motivate and rally people around the Communist Party, the victim narrative lost its luster once the economic reforms and opening initiated by Deng Xiaoping in the 1980s started bearing fruit, during Jiang Zemin and Hu Jintao governments. Thus, the party needed to find a new narrative as a means of legitimation. Based on the reports made at the Party Congresses in 1997, 2002, 2007 and 2012 by two of the Secretaries-General, Jiang Zemin and Hu Jintao, the paper analyzes how the economic success attained by China at the beginning of the 21st century triggered a shift in the elite political discourse, toning down the image of China as a victim of internal or external forces, in favor of that of a rejuvenated and strong country. The new image projected was not that of a besieged China any longer, but one of a victorious country which managed to overcome major obstacles. However, the victim narrative did not totally disappear. The paper also looks at how the victim narrative was reflected into the public discourse on the internet, immediately after Hu Jintao’s rule, when the space for debate on the micro blogging platforms was much more unrestricted than it is today, in order to understand how the victim narrative was differently used by the people in order to reevaluate various events from their recent history.

Actualization of Bodily Aspect as Means of Reconstructing Socialist Realist Discourse in Novel “Librarian” by M. Elizarov

The ways of representing violence and the role of this category in constructing socialist realist discourse are considered. The novel “The Librarian” by Mikhail Elizarov is chosen as the research material. It is established that the novel synthesizes the tradition of socialist realist novels and genre elements of popular literature, with the author placing emphasis on the representation of violence. The article highlights that violence in the novel is visual and cinematic. It is revealed that the protagonist of the novel plays a significant role in such representation, as the artistic world is demonstrated through their perspective. The article shows that the acts of violence presented in the novel become indexes of a particular “Gromovian” world and contribute to the visual and ideological transformation of characters, as well as an inversion of familiar oppositions. The authors of the article determine that the “Gromovian” world is formed around the Book, which actualizes ideas of the periphery and the “golden age”: it is here where violence becomes a legitimate means of communication with characters from both the “Gromovian” and ordinary worlds. It is noted that violence, both physical and psychological, forms fundamental oppositions in the “Gromovian” world, such as “own” versus “other”, “senseless world” versus “ideal world”, and so on. Finally, it is pointed out that through violence, the socialist realist plot about the “remaking” of the hero and their rejection of their own self for the collective “we” is realized.

Alternative democracy? Crisis, discourse and versions of democracy in Zimbabwean politics in the post-2000 context

Democracy is a much contested concept in political movements and politics. The post-2000 context reveals a multiplicity of complex political, social and economic challenges linked to the Zimbabwean crisis which can be best unpacked and understood through critical discourse analysis (CDA). These challenges reflect multiple contestations to the conceptualisation of democracy. This chapter will debunk the political personalisation of democracy and how political parties insert their parties in the narrative of the concept’s modern manifestations, conceptions and practices of democracy. Democracy incorporates multiple layers of meaning and practices. This chapter focuses on how Zimbabwe African National Union Patriotic Front (ZANU PF) and Movement for Democratic Change (MDC) narratives and stylistic designs are incorporated into their agenda-setting strategies, identity construction and discursive legitimation. Analysis of the theory and discourse of democracy illuminates the conventions, logic and dictates of language, knowledge and meaning. It exposes the inherent politics, nuances and paradoxes of democracy. Analyses of democratic movement(s) through CDA highlight democracy as a political strategy that at once contests power but also gestures to a political alternative and a sustainable development plan. Considering that CDA as a qualitative and narrative analysis method focused on generic features of whole texts rather than isolated features of the text, this chapter analyses the politics of democracy discourse and its relationship to Zimbabwean politics in the context of broader narratives of the Zimbabwean crisis. The paper problematises selected party manifestoes to illuminate and dissect the discourses and power contestations characterising Zimbabwean politics since the emergence of a strong opposition contender, the MDC in 2000. In contrast to normative representations in political discourses, knowledge is embedded in specific cultures, that is, institutionalised practices of decision-making and means of legitimation. In this regard, insights from cultural enquiries necessitated by CDA create the prerequisite for the analysis of political texts.