Problem Of Legitimacy Research Articles

Disintegration of the USSR: the Problem of Legitimacy. 30 years since the collapse of the Soviet Union

Disintegration of the USSR: the Problem of Legitimacy. 30 years since the collapse of the Soviet Union

The Putin Predicament: Problems of Legitimacy and Succession in Russia

Denna bok lyfter frågan om hur vilka planer som finns i Ryssland för tiden efter Putin som president. Huvudargumentet är att de strategier för att bygga politisk legitimitet nästan helt har fokuserats på Putin som Rysslands räddare och beskyddare. Därmed har också möjliga efterträdare svårt att bygga upp en egen plattform. Den nya konstitutionen som möjliggör för Putin att sitta kvar fram till 2036 visar att man inte har någon lösning på detta dilemma. Kvar finns en åldrande president och ett politiskt system som i övrigt hyser lågt förtroende hos befolkningen. This book raises the question of Russia’s plans for the time after Putin as Russia’s president. The main argument is that the strategies for political legitimacy in Russia has focused almost entirely on Putin himself as the saviour and protector of the Russian nation. Consequently, any potential successor has a difficult task in building up his/her own platform. The new constitution, which makes it possible for Putin to continue as president until 2036 demonstrates that this dilemma has yet no solution. What remains is an aging president and a political system with a very low level of popular trust.

Four Perspectives on Dilemmas in Management Analysis in Greenland

In this paper we discuss how dilemmas are related to the study of management in Greenland. Different perspectives on the research situation are discussed, and we identify methodologies used by analysts, when they must deal with possible problems of legitimacy while doing analysis of organizing and management in an international academic perspective. Difference between perspectives implies different ways to identify dilemmas during the research process, due to the perspectives of managers and citizens in a small community like the Greenlandic. Four perspectives on the task and construction of analysis are presented – one we name traditional that is the common background for colonial and centralized modern studies, two realist interpretive methodologies and one temporal idiographic methodology. They organize in different ways the task to know about conflictual situations and the legitimacy of the academic activity and therefor they address different dilemmas in the study of management. We point to the perspectives general attention to internal and external situations of ethical conflicts and what is particular to the Greenlandic situation.

Природа насильства та роль пропаганди у сучасних демократичних державах

The distinction between categories of violence and aggression is determined. Violence can be called the beginning of aggression, or rather aggression in the unity of the two meanings of this concept: first, as the historical starting point of the phenomenon of aggression and secondly, as the basis of the main cause of aggression. It is established that the starting point of aggression, some researchers take out of society, into biological nature. Others believe that human aggression is caused by social circumstances. It was pointed out that violence and aggression, on the one hand, can be forms of self-defense (benign aggression), and on the other - can take an offensive, aggressive form (malignant aggression). The logical categories outline the amounts of violence and aggression that intersect when both phenomena have a clearly understood purpose in its negative manifestations. The boundaries of the concept of violence are set by the target, and the boundaries of the concept of aggression are more blurred, because they include many spontaneous and targeted acts of a negative nature, conscious and unconscious, overt and covert. The concept of aggression is quite destructive and destructive, which cannot be said of violence, which is often committed with positive motives and has positive consequences. And in this regard, violence can be considered any act of a coercive nature, carried out against the will of the object to which this action is applied. That is why the concept of violence is logically broader than the concept of aggression. The problem of legitimacy and illegitimacy of violence is studied. The legal solution to this problem is inseparable from its moral solution. What is good for some, others perceive as evil that must be fought, including - equivalent methods to the subjugation or even elimination of the enemy. The contradiction in this regard in any society is that one part of it accepts the right to legitimate violence, while the other categorically denies even the very idea of its use, although such a measure would seem quite adequate and equivalent, and most importantly – fair. It is proved that since alienation is first of all alienation of man from his essence, the inadequacy of the reaction to injustice and alienation is that one way or another, but in this case it is as if the movement of man back - in biological form, where human freedom understood as unbridled arbitrariness, revenge and cruelty. It is noted that modern democracies are not completely free from propaganda. As a result – violent, sometimes aggressive manipulation of people's freedom, control over information and restrictions of an open society, which as a result contradicts the very idea of democracy.

The Charisma of Reason during the Re-enchantment of the World

ABSTRACT This article discusses the problem of legitimation or substantiation of science in the current postmodern situation. Despite the shaken faith in ‘grand narratives’, science retains a special cognitive status and a special place in society. To explain this phenomenon, Max Weber’s concept of types of rationality and types of domination is used. The author associates Weber’s concept of the ‘disenchantment of the world’ with the concept of progress. It is shown that the phenomenon of the ‘re-enchantment of the world’ cannot be considered a regression since it depends on the advancement of science and technology. At present, the concept of progress is being replaced by the concept of complication. It is shown that in the situation of the complication and ‘re-enchantment of the world’, the model of rationality is technoscience, i.e., science with its own technical conditions, possibilities, and applications. Technoscience is both an ideal type and concrete historical phenomenon. It forms a theoretical and practical space in which the rational and the extraordinary can coexist. This makes it possible to assert that today’s science can lay claim to the charismatic type of domination, thereby reviving the unviable, according to Max Weber, phenomenon of ‘the charisma of reason’.

Democratizing memory and the question of Black difference in Brazil (ca. 1980–1988): The transformation of the Serra da Barriga (Alagoas), from haunted “Black territory” to national memorial in the transition between dictatorship and democracy

By voiding the previous social pact, including the predominant conception of racial integration, the Brazilian military regime (1964–1985) created the conditions for a radical understanding of Black difference, which found its leading motif in the memory of the Quilombo of Palmares, a historical community of rebel slaves. A new Black movement understood its cultural and historical experience as containing a utopian legacy, an alternative for a Brazil marked by racism and inequality. To overcome its problems of legitimation, the regime set into motion a process of gradual democratization. The need to symbolically and culturally accomplish this transition created an institutional breach for the memory politics of the Black movement. In this context, the inclusion of the Serra da Barriga, a site of the war against Palmares, into national cultural heritage became the testing grounds for novel politics of culture that changed both the understanding of Brazilian nationhood and Black difference, as represented in the memory of Palmares.

Party Fragmentation, the Proportional System and Democracy in Slovenia

In Slovenia, political parties have been the key actors in opting for a proportional electoral system and constitutional choice of a parliamentary system, both of which are believed to help to develop a consensual type of democracy. However, a vicious circle involving a fragmented party system and a proportional electoral system has not only led to polarisation within the party system, but has also contributed to problems of democratic governability and legitimacy. The destabilisation of the party system since 2011 has not only caused a crisis of political legitimacy and accountability, but has also contributed to a recent trend of de-democratisation. At the moment, there does not appear to be a realistic alternative to the existing electoral rules in the near future, in spite of recurring calls by an anti-communist party (Slovenian Democratic Party) to introduce a majoritarian system.

The judicial review of legality

In comparative constitutional law, the various models of judicial review require courts to examine either the substantive content of legislation or the procedure through which legislation was passed. This article offers a new model of judicial review – ‘the judicial review of legality’ – in which courts review instead the forms of law. The forms of law are the ways in which law communicates its norms to the persons who are meant to comply with them, and they include generality, clarity, avoidance of contradiction, and non-retroactivity. Drawing on recent writing on the jurisprudence of Lon Fuller, this article argues that Fuller’s linking of the forms of law to a relationship of reciprocity between government and governed can ground judicial review and that such review provides a missing language to address important legislative pathologies. Moreover, through an analysis of recent developments in Israel, the article demonstrates that the judicial review of legality targets some of the key legal techniques of contemporary processes of democratic erosion which other models of judicial review struggle to address, all the while re-centring judicial review on the lawyer’s craftsmanship and thus reducing problems of court legitimacy. This article therefore offers a distinctive and normatively appealing way for courts to act in troubling times.

How to Transform Liability of Foreignness into Asset of Foreignness under the “Belt and Road” Initiative? A Case Study from the Perspective of Social Network

Under the “Belt and Road” Initiative （BRI）, Chinese companies’ “go-global” has gradually become an important strategy for industrial upgrading. However, many “go-global” companies have met the liability of foreignness （LOF）, including legitimacy problems and the threat of exit. How to overcome LOF has become an urgent problem for the overseas subsidiaries of “go-global” companies.We illustrate our arguments through a single case of Chinese multinational subsidiary Taiwenlong Cement Co., Ltd. in Cambodia. This paper studies from the perspective of social network analysis to identify the source of LOF, and discusses the mode of transforming LOF into the asset of foreignness （AOF）. The case company, Taiwenlong Cement Co., Ltd., is a joint venture between a Chinese company and a host-country company. As a representative of the successful transformation of LOF into AOF, this project experienced both the “honeymoon period” and the “setback period” in its construction and operation process and finally gained a foothold in Cambodia after various attempts.Based on the case analysis, we find that under the BRI, LOF of foreign subsidiaries of Chinese companies in countries along the BRI shows dynamic changes. This paper has several contributions: Firstly, under the BRI, the government-enterprise relationship and industrial chain relationship of the host country are important sources of LOF. Secondly, with the development of Chinese companies’ “go global”, the focus of overcoming LOF has gradually shifted from the national level to the industrial level. The key to the transformation of AOF and LOF lies in matching the adequate industry chain network. Finally, the home government support, technology transfer and industrial agglomeration can promote the transformation of LOF into AOF in the industry chain. Therefore, we construct three transformation routes: （1）Multi-agent centralization mode, through which foreigners can use different types of network resources including not only the government, shareholders, industrial partners in the home country, but also the subjects of local network in the host country, to obtain higher network status in a situation where foreigners can afford a high level of LOF.（2）Foreignness centralization mode, in which foreigners can establish a self-centered industrial chain network, occupying an intermediary role in the flows of information and resources in the case that they can dominate the allocation of network resources.（3）Industrial centralization mode, in which foreign companies can build network with a few industrial partners through the scale advantage of industrial clusters under the case of relatively scarce network resources. The conclusions of this paper have positive implications for the promotion of high-quality development of BRI and Chinese private companies to “go global”.

Validation of Automated Segmentation Algorithms

<h3>Purpose/Objective(s)</h3> Automated image segmentation algorithms are being introduced with limited clinical validation. The benefit of these algorithms is negated by the need for expert review and edits which can be more laborious than manual segmentation. This work introduces a systematic method for acceptance of automated segmentation including inter-organ and inter-patient variations. <h3>Materials/Methods</h3> Clinical validation of two artificial intelligence algorithms (A1-2) for computed tomography (CT) was performed. A dataset of 80 radiation therapy patients (P1-80) and contours of 34 different organs at risk (OARs) included head and neck, thorax, abdomen, and pelvis regions and an array of CT-scanning protocols. Nine segmentation comparisons were used including volume metrics, surface distance metrics, and statistical measures. The set of evaluation metrics were compared inter-OAR (averaged across all patients) and inter-patients (averaged across all OARs). This evaluation has the potential to identify problems in the algorithm for specific OARs and specific patients. <h3>Results</h3> Both algorithms were successful in many OARs, the inter-organ datasets successfully identified bladder, kidneys, liver, mandible, spinal canal, and stomach with above-average statistics across the population. For other organs, both algorithms consistently performed below average in most metrics including great vessels, heart, larynx, lens, optic nerves, and optic chiasm. In many of these cases, volume metrics were often < 0.5 and surface distance metrics were > 15mm. These OARs can indicate algorithm problems or institutional variations between human and AI-contours, e.g., in great vessels only the relevant region is included in human lung plans, not the entire aorta as contoured in A1. Similarly, A1 delineated the femoral head whereas institutionally femur includes contours inferiorly to the gluteal tuberosity. Based on per-organ statistics, we removed many contours for consideration including heart, esophagus, larynx, pharyngeal constrictors in A2. Inter-patient comparisons identified four inconsistent patients. P2 failed 5/9 metrics, investigation revealed the contours were generated on CTs from different timepoints. P8 failed 5/9 metrics due to A2 failures in bladder and rectum, A1 had no issues in this patient. P13 failed just one metric, investigation found lens, optic chiasm, and left optic nerve in the wrong anatomic region. P53 failed one metric: A1 failed in submandibular gland due to severe dental artifacts. <h3>Conclusion</h3> Clinical validation of automated contouring should be performed and compared to institutional data. The proposed process of per-organ and per-patient averages identified legitimate problems in algorithms in specific structures and variations with institutional norms. By identifying and removing problematic structures, AI-based segmentation may be more readily accepted clinically.

The de-institutionalisation of power beyond the state

The making of modern authority centred on efforts to formalise and de-personalise power, and transnational orders such as the European Union have often been viewed as an extension of that project. As this article argues, recent developments tell a different story. More than a decade of crisis politics has seen institutions subordinated to and reshaped by individuals and the networks they form. Locating these tendencies in a wider historical context, the article argues that greater attention to informality in transnational governance needs to be paired with greater recognition of the normative questions it raises. Just as a separation between rulers and the offices of rule was central to the making of modern legal and political structures, the weakening of that separation creates legitimacy problems for contemporary authorities both national and supranational. Rather than acclaimed as flexible problem-solving, the step back from institutions should be viewed as a challenge to accountable rule.

Unregulated Powers: The Politics of Metaphysics in French Post-Kantianism

ABSTRACT For thinkers such as Foucault and Deleuze, it is not possible to engage with metaphysical questions without simultaneously considering other, more political problems concerning the power relations that are internal to thought. In this article I argue that, despite certain important ways in which this trend follows in the wake of Nietzsche’s polemic against the tyranny of Truth, to understand the political nature of metaphysics in late twentieth-century French philosophy we must see these thinkers as dealing with an explicitly Kantian problem. After some introductory material in the first section, I lay out the problem of legitimacy in Kant’s Critique of Pure Reason and assess his own solution to this problem. In the third section I explain Nietzsche’s critique of Kant’s solution, while in the fourth section I explain how Foucault and Deleuze each return and respond to the political foundation of Kant’s metaphysics in their own way.

Reviving democracy: Creating pathways out of legitimacy crises

Over the last several years, democratic citizens and theorists have been grappling with an upsurge in political commentary on the crisis and decline of democratic legitimacy around the world. Increasingly, theoretical attention is turning from the philosophical justification of ambitious moral ideals of democracy, to the interpretation of potentials within existing political practice for democratic renewal and repair. This review article examines three new books at the forefront of this theoretical turn towards engagement with the real-world political dynamics of democratic crisis and revival: Open Democracy by Hélène Landemore; Hope for Democracy by John Gastil and Katherine Knobloch; and Mending Democracy by Carolyn Hendriks, Selen Ercan and John Boswell. It begins by surveying the new contributions of these books – highlighting the importance all attribute to creative political agency as a source of revival in democratic practice. It then discusses several questions left unresolved by these books – concerning the problem of democratic legitimacy, the normativity of democratic standards and the power dynamics undergirding democratic agency – which jointly mark out an important agenda for future theoretical work on pathways out of democratic crisis.

The concept of “strong state” in the political and legal dimension

The concept of strong state in the general theory of state and law has not been studied in sufficient detail. In political science, the science of administrative law and in international legal doctrines, this concept is considered mainly from geopolitical, military-strategic and political-administrative positions. In the presented article, a theoretical and legal analysis of the concept of a strong state is carried out. Methodologically, the author adheres to the approaches of political realism and realistic theory of law, which are aimed not at building a model of an ideal strong state, but at studying really functioning strong states with all their problems and contradictions. It is proposed to understand a strong state as a state that effectively uses any legal means to carry out the functions assigned to it in its own political interests. The article in the format of a scientific discussion analyzes the signs and criteria of a strong state, characteristics of the law of the strong. The research subjects also include the problem of a strong state legitimacy, the category of the great power and the process of legal expansion.

EU global human rights sanctions regime: is the genie out of the bottle?

ABSTRACT On 7 December 2020, the EU Foreign Affairs Council adopted an ‘EU Global Human Rights Sanctions Regime’ (EU HRSR). The EU HRSR is an example of a transnational response to a fundamental security-related challenge. Both its adoption and its specific institutional set-up are a continuation of the move towards stronger supranational practices in the area of sanctions. Further supranationalising the EU’s sanctioning practices, as one of its most developed and most powerful tools to response to security threats, is likely to increase the uniformity, flexibility, and arguably also the impartiality of the sanctions. At the same time, the adoption process also demonstrated that national governments set limits to further supranationalisation. While in particular the Dutch parliament was a driving force behind the adoption of the EU HRSR, both national parliaments and the European Parliament are likely to struggle to have significant influence over the sanctioning process. Yet, much depends on the actual sanctioning practices and the legal framing of the EU HRSR’s objectives, designation criteria and evidentiary threshold may in practice raise legitimacy problems.

Commissioned Book Review: Andrew Gilbert, International Intervention and the Problem of Legitimacy: Encounters in Postwar Bosnia-Herzegovina

Commissioned Book Review: Andrew Gilbert, <i>International Intervention and the Problem of Legitimacy: Encounters in Postwar Bosnia-Herzegovina</i>

Incumbency and political compromises: Opportunity or threat to sustainability transitions?

Studying the role of incumbents is central to understanding transformation dynamics. Existing studies have largely focused on incumbent firms, their corporate, technological, and political strategies within a given sector. Whilst insightful, viewing incumbency as a more open concept could allow research to better examine the blurred boundaries across sectors and between sectors and the polity. The plurality of relationship could also result in more tensions and legitimacy problems for incumbents. We ask how can incumbency maintain legitimacy under such pluralistic context? We conceptualise ways contradiction may be managed through political responses and tested our hypothesis in a case study of an urban water initiative in Indonesia. Crisis events, governance messiness, social conflicts, and cognitive contestations are identified as important and interrelated contradictions, which have deep roots in the broader polity. Incumbents also appear skilled at placating tension using piecemeal compromises to survive multiple legitimacy problems, thereby undercutting overall transformative potential.

Terrorism and Organized Crime: Two Challenges for Czech Criminal Law in the 21st Century

This paper focuses on exploring the possibilities of criminal law in the fight against terrorism and organized crime. The growing terrorist threats and the growing sophistication of the organized crime are clear impulses for the creation of more effective legislation, in the form of tools designed to prevent, punish and detect both serious and the first forms of crime. Research on criminal and criminal law instruments in an environment of democratic rule of law must be based on careful consideration of permissible interference with constitutional rights and free individuals. The authors identify five research areas of both forms o crime, which are phenomenological aspects of leading crime, regional bases of criminal liability, including, for example, structural facts, sanctions, problems of legality, legitimacy and proportionality of criminal institutes and issues of investigation tactics and methodology.

Reforming Administration and Control to Restore Legitimacy: The Case ofMonte di Pietàof Perugia, Italy (1462–1468)

ABSTRACTThis paper analyzes the legitimacy strategies of Monte di Pietà of Perugia—the first ever Italian Monte di Pietà—in its early years of activity. It represents an innovative case of the development of a financial institution, change resulting from Franciscan preaching against usury and established to aid poor people while respecting the Catholic ban on any remuneration for loaned capital. To survive, Monte di Pietà needed to request interest, introducing problems of legitimacy. Starting from Suchman's (1995) approach, the paper offers a new plausible interpretation of past events, reporting how the changes in the administrative and control systems constituted actions to successfully restore legitimacy, and shedding light on one significant piece of the history of banking in the Western world. Moreover, the study reveals the interaction among different levels of legitimacy strategies, and concludes that organizational restructuration can be used to strengthen moral justification and explanation to regain legitimacy.

Civic and Political Engagement during the Multifaceted COVID-19 Crisis.

Measures to cope with the COVID‐19 pandemic have put a sudden halt to street protests and other forms of citizen involvement in Europe. At the same time, the pandemic has increased the need for solidarity, motivating citizens to become involved on behalf of people at risk and the vulnerable more generally. This research note empirically examines the tension between the demobilisation and activation potential of the COVID‐19 crisis. Drawing on original survey data from seven Western European countries, we examine the extent, forms, and drivers of citizens’ engagement. Our findings show the remarkable persistence of pre‐existing political and civic engagement patterns. Concurrently, we show that threat perceptions triggered by the multifaceted COVID‐19 crisis have mobilized Europeans in the early phase of the pandemic. Similarly, the role of extreme ideological orientations in explaining (regular) political engagement indicates that the current situation may create its specific mobilisation potentials.