Principle Of Legitimacy Research Articles

Confucian meritocracy, political legitimacy and constitutional democracy

The article will argue that neither what may be called ‘multiple legitimacies’ nor what Leigh Jenco refers to as the hybrid view of legitimacy provides substantial guidance in reconceiving legitimacy in the increasingly pluralistic region of East Asia. Instead, a more helpful view of political legitimacy can be drawn from John Rawls’s liberal principle of legitimacy. I will demonstrate that Rawls’s classic formulation can be deprived of its liberal connotation by taking constitutional essentials as the source of legitimation for political authority. On the basis of this principle of pluralistic legitimacy, it will become clear that a pluralistic understanding of political legitimacy does not rule out Confucian meritocracy, but it does make a strong case for an antiperfectionist state, even if it might be nondemocratic.

Salvation by Legitimation in the United Nations

This article argues that how the United Nations conceptualizes legitimacy is not only a matter of legalism or power politics. The UN’s conception of legitimacy also utilizes concepts, language, and symbolism from the religious realm. Understanding the constitutional entanglement between political and religious concepts and the ways of their verbalization at the agential level sheds light on how legitimacy became to be acknowledged as an integral part of the UN and how it changes. At the constitutional level, the article examines phrases or “verbal symbols”, enshrined in the Charter of the “secular church” UN. They evoke intrinsic legitimacy claims based on religious concepts and discourse such as hope and salvation. At the agential level, the article illustrates how the Secretary-General verbalizes those abstract constitutional principles of legitimacy. Religious language and symbolism in the constitutional framework and agential practice of the UN does not necessarily produce an exclusive form of legitimacy. This article shows, however, that legitimacy as nested in the UN’s constitutional setting and verbalized by its chief administrator cannot exist without religious templates.

Assessment of Diversity Outcomes in American Medical School Admissions: Applying the Grutter Legitimacy Principles

In the last 30 years, except for female participation, the enrollment of Latinx, African Americans, Native Americans, Alaskan natives, and disadvantaged students in medical school has been constant; however, increasing enrollment of these minority populations is feasible, if admissions committees make two changes in approach. First, the traditional belief that matriculation merit is a linear function of past academic performance must be rejected. Second, once the threshold needed to complete medical school in four years and to pass licensing examinations at the first attempt has been met, all candidates are equally qualified, and matriculation decisions must be based, in part, on societal interests. In Grutter vs. Bollinger, the United States Supreme Court determined that graduate admission committees can and should consider societal interests. Each admission decision represents a substantial government investment in each student, as the Medicare Act directly subsidizes much of the cost of medical education. As Grutter explained, there is a societal interest in the public having confidence in, and access to, the medical school training that will prepare tomorrow’s medical, professional, and political leaders. Our analysis suggests that medical school admissions are biased towards academic achievement in matriculants, beyond acceptable thresholds for graduation and licensure. We believe medical schools must shift their admissions strategies and consider noncognitive factors in all candidates as determinative once minimum acceptable academic standards have been met.

Specificity of gastronomic code of Salvador Dali

The object of this research is the analysis of specificity of gustatory preference of Salvador Dali that allows reconstructing gastronomic code of the genius. The results of analysis demonstrate that Dalian gastronomic code is based on the principles of legitimacy, hierarchy and mysticism. Legitimacy is expressed in the precision of the shapes of ingredients and their compatibility, carefully following the recipe, prevalence of the dishes of Catalonian cuisine. Hierarchy of gastronomic practices in life of the genius was associated with his dietary regime and its quality, as well as knowledge of gastronomic preferences. The process of saturation and appearance of delicacies, erotic component of food underlines the mystical component of gastronomic culture of the genius. Overall, the gastronomic code of Salvador Dali demonstrates Cosmo-Psycho-Logos of the artist, structuring at the intersection of emotional and rational, material and spiritual components of gastronomic culture. The indicated problematic is viewed on the basis of culturological analysis of diary notes and recipe book of Salvador Dali, which help to determine the peculiarities of his gastronomic taste and reconstruct his gastronomic code. This article is first to reconstruct the gastronomic code of Salvador Dali and his key elements (legitimacy, hierarchy, and mysticism). The acquired results can be used in further research dedicated to studying personality and works of Salvador Dali, as well as in analysis of individual gastronomic codes that allow bringing more details into psychological characteristics of personality.

Transaction design standards for the operationalisation of fairness and empowerment in proactive contracting

Summary Fairness and empowerment are aspirational concepts in law. The scientific and professional legal community has not convened on their substance and the ways they can be achieved. Therefore, there is an inherent risk that the values they entail become lip services that lack determination and reliability. This section addresses the problem revisiting and expanding the Taxonomy of Legal Usability and User Experience Factors, one of the first attempts to synthetize parametric standards for transaction design. The paper adds factors and criteria that operationalise procedural legitimacy principles for transacting that increase the proactive capacities of contracting activities to prevent and/or resolve disputes. It speaks of transactions as the smallest constitutive units of all exchange relations that allow upgrades, assuming that planning, negotiating and managing contracts, as well as other legally relevant products, services, interactions, processes and systems, will benefit from an integrated epistemological perspective and its institutionalization.

Meşruti Rejimin Memnuniyet Ölçeği: “Kutlama Mesajları”

Meşruiyet; muktedirin iktidar iddiasını muhatabın istifadesine sunarak ve muhatabın da tepkisini tartıp muktedir iddiasının düzeyini tayin ederek düzeni ihsas ettiren dini ve beşeri ifadelere dayalı davranış biçimlerinin toplamıdır. Söz konusu toplam; kuruluştan kurumsallaşmaya, kurumsallaşmadan kuruntuya ve kuruntudan kırılmaya kadar tüm siyasal yapıların muhtaç oldukları revabıt-ı zaruretlerdendir. Meşruiyet bu hususiyetiyle muktedirlerin inisiyatiflerine mutedil bir üslup kazandırıp bunları muhatapları nezdinde onaylattıran mezkûr üslubu söylem, sembol ve seremonilerle yeniden üreten çok yönlü bir vasıtadır. Meşrutiyet; kuşatılmış bir coğrafyada esamisi esatirlere konu edilen bir ailenin kendilerini ifade etme noktasında başvurdukları kaynaklardan birisi olmuştur. Bu çok yönlü kavram, çok dinli, dilli ve mezhebi özelliklere sahip milletlerin mukadderatlarını, mezkûr ailenin müşterek paydaşları kılmış ve altı asrı aşan ve üç kıtaya yayılan siyasi bir gelenek doğurmuştur. Bu çalışma bahsedilen geleneği, meşruti rejim üzerinden güncelleyen muktedirlerin meşrulaştırımlarına, bu bağlamda ihdas edilmiş milli bayrama ve bu tür merasimlere iştirak edenlerin hissiyatını ölçen “kutlama mesajlarına” yoğunlaşmıştır.

ÉMERGENCE ET DÉCLIN DE LA GOUVERNANCE DÉMOCRATIQUE EN DROIT INTERNATIONAL

Les années 1989-2010 peuvent être considérées comme une époque – sans précédent dans l’histoire du droit international au cours de laquelle la gouvernance – interprétée ici comme l’exercice de l’autorité publique au niveau national à travers des institutions plus ou moins centralisées – s’est vue réglementée par un nombre grandissant de règles de droit international. Cette évolution s’est notamment traduite par l’émergence d’une obligation relative à l’origine démocratique des gouvernements. Cette obligation a été qualifiée dans la doctrine américaine de « principe de légitimité démocratique ». Toutefois, l’importance géostratégique acquise par certains États non démocratiques, la priorité désormais accordée à l’agenda sécuritaire, la crise économique de 2007-2010, ainsi que les instrumentalisations des politiques de démocratisation par certains pays occidentaux semblent avoir freiné la consolidation du principe de légitimité démocratique en droit international. En effet, le rôle que la démocratie a joué dans la pratique de la reconnaissance, la création d’États, les relations diplomatiques, la coopération économique, l’utilisation des forces multilatérales et l’accréditation au sein des organisations internationales semble s’être affaibli significativement, laissant présager la fin de cette époque toute singulière dans l’histoire du droit international. Après avoir brièvement décrit la consolidation (I) et l’affaiblissement contemporain (II) du principe de légitimité démocratique dans la pratique du droit international et la doctrine depuis 1989, cet article évaluera de manière critique les leçons tirées de cette période, en particulier s’agissant de la mesure dans laquelle le droit international est à même de réglementer la gouvernance au niveau national (III). Il se penchera enfin sur les diverses dynamiques qui ont traversé la doctrine ayant étudiée cette question au cours des deux dernières décennies (IV).

Varieties of populism and the challenges to Global Constitutionalism: Dangers, promises and implications

AbstractThis article analyses the rise of populism and its discursive challenge to global constitutionalism (GC). It shows that populist contestation is more ambivalent than often suggested: its challenge depends on the populist variety and can both undermine or support liberal principles of GC. Building on the ideational approach to populism and a framework of transnational politicisation, a proposed typology identifies bothcommunitarian types of populismandcosmopolitan types of populism.Illustrative case studies of the Alternative for Germany, the Polish Law and Justice Party, the Democracy in Europe Movement and Peru’s Alberto Fujimori substantiate these empirically. While all cases contest a perceived lack of popular sovereignty in a largely non-majoritarian global constitutional order, varieties of populism present contrasting responses: communitarian types push for global de-constitutionalisation in line with illiberal nationalist majoritarianism, while cosmopolitan types support global constitutionalisation according to liberal and democratic principles. Further, neo-socialist populists campaign against neoliberal principles in GC, but remain divided about supporting political principles beyond the state. These findings suggest an emerging politicisation of the process of global constitutionalisation at the societal level according to principles of democratic legitimacy; and global constitutional differentiation depending on outcomes of these normatively ambivalent and empirically contingent political contests.

The Changing Nature of Legitimate Authority in the Just War Tradition

ABSTRACT The legitimate authority principle has become reduced to the issue of state authority. In its current formulation, the state has the sole authority to wage war, and because non-state actors, by their very definition, cannot satisfy this principle, their use of force is inherently unethical. This does not reflect the reality that non-state actors are increasingly engaging in the use of force, sometimes legitimately. As a result, the legitimate authority principle can and should look beyond the state. This article navigates a terrain in which non-state actors engage in the use of force, and in which revisionist just war thinking proposes that the concept of legitimate authority is irrelevant to thinking about the ethics of war. It proposes a principled approach to the inclusion of some non-state actors under the rubric of legitimate authority. This approach draws upon the historical development of the legitimate authority principle and incorporates the factors important to early writers on the subject.

Poligami Perspektif Teori Double Movement Fazlur Rahman

Writing this scientific article aims to describe polygamy from the perspective of the double movement theory of Fazlur Rahman. Through understanding, this theory can provide an explanation to understand and explore verses 3 of the suras about polygamy which by the jurists are considered as the legitimate principle of marriage according to Islam. The methodology used in writing scientific articles is the research methodology using the literature review. The literature review is one type of qualitative research that contains a description of theories, findings, and other research materials. The primary data source is Fazlur Rahman's works related to the theory of double movement, while other works are used as secondary data. The method of data collection is documentation and using content analysis as an analysis. The research findings show that the importance of understanding the verses of the Qur'an from various scientific perspectives is needed. Double movement is a theory carried out by an interpreter of the Qur'an. Using this theory of double movement that polygamy is not permissible in our present context. Keywords : Polygamy, Double Movement, Fazlur Rahman.

اعمال السيادة في ظل التطور التشريعي والقضائي في النظم المقارنة

Acts of sovereignty means a group of acts performed by the executive authority, and shall not be subjected to the Judicial review by cancelation or compensation.
 Therefore, the acts of sovereignty - in such situation - considered to be out of legitimacy, and have been subjected to a great criticism by the French jurisprudence and then the Egyptian jurisprudence on the bias that the executive authority may employ the idea of acts of sovereignty in its favor, by performing whatever acts in the form of sovereignty, that shall be sufficient to make such acts out of legitimacy and law rules, in such case the judiciary shall not have the right of cassation, or contestations against such acts nor the seeks of compensation because of the damages resulted by such acts. Hence the seriousness of this theory appears which was created by the French judiciary.
 The idea of acts of sovereignty has played an important role in the conflict of the state authorities, and highlighted the importance of the legitimacy principle, and the legality of the
 state through theJurisprudential disagreements and discussions.
 Although that such theory was created in the French administrative judiciary, it could be found in other judicial systems of other countries such as Egypt and Iraq. And although the weakness of such theory, it could be alive until now, furthermore, it could have a power in many common legal systems. Because of the absence of the administrative judiciary in Iraq, the researchers could not practice such theory with its activities. As the second amendment law was issued of the law of council of state No.(106) in 1989, announcing the administrative judiciary by establishing a court (for the first time) in which the cassation in the trueness of the orders and decisions issued by the employees and administrative bodies shall be performed.

Legitimacy in the 'secular church' of the United Nations.

This article argues that how the United Nations (UN) conceptualizes legitimacy is not only a matter of legalism or power politics. The UN’s conception of legitimacy also utilizes concepts, language and symbolism from the religious realm. Understanding the entanglement between political and religious concepts and the ways of their verbalization at the agential level sheds light on how legitimacy became to be acknowledged as an integral part of the UN and how it changes. At the constitutional level, the article examines phrases and ‘verbal symbols’, enshrined in the Charter of the ‘secular church’ UN. They evoke intrinsic legitimacy claims based on religious concepts and discourse such as hope and salvation. At the agential level, the article illustrates how the Secretary-General verbalizes those abstract constitutional principles of legitimacy. Religious language and symbolism in the constitutional framework and agential practice of the UN does not necessarily produce an exclusive form of legitimacy. This article shows, however, that legitimacy as nested in the UN’s constitutional setting cannot exist without religious templates because they remain a matter of a ‘cultural frame’.

Livelihood impacts and governance processes of community-based wildlife conservation in Maasai Mara ecosystem, Kenya

Community-based wildlife conservation (CBWC) programmes have been a pervasive paradigm in the conservation circles since the 1970s. The key elements of such programmes are that local communities are given ownership rights or custodianship and management responsibilities over wildlife, and that they gain social and economic benefits from conservation of the resources. However, to date, there have been only a few studies that offer in-depth analyses of the interplay between governance processes and livelihood impacts of CBWC programmes. Here, I conducted key informant interviews and focus group discussions in five wildlife conservancies in the Maasai Mara ecosystem in Kenya to address the following questions: i) What are the perceived impacts of the wildlife conservancies on livelihoods of the local people? ii) To what extent are the wildlife conservancies governed in relation to the principles of environmental governance? I assessed impacts on livelihoods by applying the Sustainable Livelihoods Framework to explore perceived conservancy-related benefits and costs (i.e. perceived changes in social, financial, human, physical, and natural capitals). I assessed governance by asking the respondents whether the following eight principles of environmental governance were applied: legitimacy, transparency, accountability, inclusiveness, fairness, integration, capability, and adaptability. Perceived benefits of participating in wildlife co-management were identified as: enhanced income from gainful employment and new business opportunities, membership to cooperative societies and participation in community work (e.g. school bursary and feeding programmes), enhanced social relations, improved access to credit and health facilities, enhanced physical infrastructure (schools, roads and bridges), improved physical security and coordinated sharing of provisioning ecosystem services like pasture and water. The principles of legitimacy, inclusiveness, and integration had reportedly been well implemented in wildlife co-management. However, the institutional mechanisms for sharing resources within the conservancies lacked transparency, accountability, and fairness, and tended to favour those who were politically connected to the leadership of the conservancies. Moreover, most of the conservancies had weak systems and few resources to facilitate delivery on responsibilities (i.e. had low capability), and had some costs associated with human-wildlife conflicts. For an improved co-management of wildlife to be achieved in these conservancies, local institutions should be reconfigured to allow active participation by conservancy landowners in decision-making, information sharing, and equitable access to conservancy-related benefits.

The Notion of Good Life: A Dialogue on the Moral Foundations of Legitimacy

Political philosophers often grapple with the issue of the legitimacy of state coercion. Aristotle, a perfectionist, opines that all men hold an objective account of the good life. As regards legitimacy, he entails that state policies are justified only when all its members comprehend the value that has been identified in accordance with the true notion of good. Aristotle argues that the state should facilitate the encouragement of objectively valuable notions of the good. Ronald Dworkin, a neutralist, proposes a specific model of the good life so that one can live well. He holds that certain elements of the ethical conception lead to various notions of the good and, in matters of legitimacy, the state should be neutral towards the notion of good. This is so because A cannot make B’s life better by way of the coercive means of the state. This paper throws light on Aristotle’s and Dworkin’s dialogues on the moral foundations of legitimacy (conceived during their notion of the good life). Therefore, I argue that, in contrast to perfectionism, Dworkin justifies his liberal principle of legitimacy through the idea of state neutrality. But, eventually, Dworkin’s arguments overlook his ethical foundation or admissible towards perfectionism, which is emaciated enough to offer any justification for the principle of legitimacy.

Theocratic Legal Revolution and the Origins of Modern Secularism in Dante

This article discusses an anti-sovranist variant of political theology. Recent work on the sociology of modern constitutionalism has identified its source in the so-called Papal legal revolution that proclaimed the autonomy of the Church in relation to the Empire. The claim is that this legal revo-lution contributed to the “secularization” or de-sacralization of political power and established legali-ty as the principle of legitimacy. This paper critically discusses this genealogy of constitutionalism. It proposes an alternative route to modern secularism and constitutionalism that passes through the reception of Averroistic doctrines in the philosophy of Dante.

The Missing Component in Deterrence Theory: The Legal Framework

This chapter takes the starting point that power to deter, consists of three components: (physical) capacities, concepts (strategy, plans, decision-making procedures) and will (moral, determination, audacity). In case one of these components is underdeveloped or not in place, (coercive) power fails. Modern technologies (e.g. ICT, AI) and strategic insights (e.g. the utility of soft and smart power) urge for a reinterpretation of the ‘physical’ component, and include cyber capacities as well as culture, knowledge or law(fare) as capacities (or power instruments), too. Moreover, and taking cyber capabilities as a test case, these developments put even more weight on the conceptual and moral components of power. This chapter focusses on the legal framework as a key, but underrated, conceptual element of deterrent power. Using cyber threats as a case, it offers a legal framework enabling decision-makers to effectively generate deterrent power by showing which legal bases (should) undergird the employment of the variety of responses available to States. In democratic rule-of-law States, the principles of legitimacy and legality demand that the use of power (instruments) by States must be based on a legal basis and should respect other institutional features too. Through two illustrative vignettes the generic value of the framework will be illustrated for the potential use of power instruments - diplomacy, information, military, economy, culture, legal, knowledge - in its various modalities, including cyber operations. This legal framework, though tailored to cyber capabilities, may be used as a starting point for conceptualising the legal framework for so-called cross domain and cross dimensional, or full spectrum deterrence.

Pravo zaposlenog na privatnost - gdje je granica poslodavčevog prava da nadzire komunikaciju zaposlenih

Starting from the assumption that employees enjoy the protection of private life in relation to their employers, this paper seeks to answer the question how the right to privacy as a civil right can be incorporated into labour law without, concurrently, undermining the nature of the employment relationship, and considering the subordination as its primary feature. Accordingly, the nature of this right is analysed and the conditions under which it can be restricted in the workplace. Taking into account that the breaches of privacy and even more subtle ways of breach have increased in frequency in the workplace, the author deals with the issue of monitoring the employee's communication, pointing to the high sensitivity of this topic, since at the same time numerous legitimate interests of the worker should be fulfilled, as well as of the employer. The aim of the paper is to point out that in this case, the consistent application of the principles of legitimacy, proportionality and transparency is crucial for balancing the conflicting interests of workers and employers.

The Issues of Secession in the Process of the Rise and Fall of States in the Light of International Law

The aims of this contribution is to check the validity of the old theory, which goes back to Jellinek but is still dominant, which states that secession as well as the process of forming a new state, fall under the scope of a “simple fact” and thereby escape through definition to any law of way. According to this theory, secession is not a question of “Law” but a question of pure fact, failure or success: if a secessionist movement succeeds in establishing a new effectiveness, that is to say, puts in place the “Constituent elements” of a state, a new state is born. It is interesting to observe that with the phenomenon of the rise or the collapse of States, from the global perspective of international order and especially from the point of view of international law, the States concerned are, in practice, not simply left to their fate. On the contrary, the rise or the collapse of a State anywhere in the world is seen as a matter of concern for the international community, since the international system as a whole is felt to be affected. In such cases, international reactions have not been manifested primarily through the States as such, either indi-vidually or together. Basically, these reactions had to cope with the dilemma of choos-ing between two fundamental principles of legitimacy in international law: on the one hand, the sovereignty and equality of States and, on the other, the right of peoples to self-determination.

LEGAL LEGITIMACY OF A LEGISLATIVE ACT

The article attempts to formulate the principles of legitimacy of law since this issue is relevant but still remains debatable. Sources of law are being accepted in which power law prevails over power of law. In Soviet society, there was no right at all, because instead of legal laws, the law of the Communist Party dominated. Among the basic principles of legal legitimacy author identifies the principles of constitutional fundamentalization, popular representation, election of the parliament, judicial control over legislative activity. In addition, the legitimacy of law is ensured by legislative regulation of the legislative process, public participation in the preparation and discussion of draft laws, and professional and creative use of the rules of legislative technology.

Separation of Functions for AI: Restraining Speech Regulation by Online Platforms

The Free Speech Clause of the First Amendment of the U.S. Constitution restricts government regulation of private speech. However, it does not regulate private speech. New forms of speech regulation by online platforms disrupt this constitutional framework. Platforms, such as Google, Facebook and Twitter, are responsible for mediating much of the public discourse and governing access to speech and speakers around the world. These private businesses match users and content in whatever way best benefits their commercial interests. At the same time, however, they exercise regulatory power when they filter, block and remove content, at the request of governmental agents or state actors. Consequently, platforms effectively blend law enforcement and adjudication powers, and sometimes even lawmaking powers. Courts and scholars who tackle speech regulation by plat-forms have basically relied on the well settled constitutional divide between private functions and governmental ones. To the extent that platforms exercise governmental powers in allowing or banning speech or speakers, platforms should be subject, as the argument goes, to public law principles of accountability, legitimacy, oversight, and power separation. In this paper we question this approach. As a practical matter, the public/private framework presumes that public func-tions of a private entity could be neatly separated from its standard business affairs. We argue that with the increasing use of Artificial Intelligence (AI) by platforms for content moderation, the public, law enforcement functions are integrated with the private, business functions that are driven by commercial interests. The same technical design which is used for targeted advertising and for curating personalized content is also deployed for monitoring and censoring online content. Using machine learning, the system is informed by the same labeling of users and content, and makes use of the same API, learning patterns, and software. Consequently, decisions on removal of speech, for (public) law enforcement purposes, are driven by the same data, algorithms and optimization logic which are also underlying all other functions performed by the platform. Therefore, the use of AI in content moderation calls for a fresh approach to restraining the power of platforms and securing fundamental freedoms in this environment. This paper takes a system perspective to speech regulation. It contends that the normative distinctions between public and private functions could be upheld in online content moderation, provided that these distinctions are embedded in the system design. It introduces of functions, a novel approach to restraining the power of platforms while enhancing the accountability in AI driven content moderation systems. We propose to facilitate independent tools embedding public policy. These tools would run on the platforms' data, and would include their own optimization processes informed by public policy. Such separation between independent public tools and private data may enhance public scrutiny of law enforcement speech restrictions which are a traditionally exclusive public function. This functional separation may also facilitate competition among different players who may enrich the design of speech regulation and mitigate biases. Finally, we explore the implications of this approach and discuss its possible limitations.