Legitimate Tool Research Articles

Legitimization of the constitutional judicial process by evidence (the case of Italy and France)

Under the conditions of legitimization of the constitutional process, constitutional subjects seek to improve the method of decision-making and privilege a certain type of argumentation. Although there are many tools to achieve this, the purpose of this contribution is limited to the study of evidence as a tool of legitimation. On the one hand, legal evidence, as it is an irreplaceable means of achieving a certain truth, and on the other hand, it is legitimized, as it involves an evidentiary procedure that guarantees the right of each participant in the legal process to have his case heard by a judge. If the evidentiary regime, whose function is to demonstrate the truth of the facts, is sometimes a pole apart from that which has the function of obtaining community approval, these two functions contribute to the same goal of legitimizing the constitutional process. Evidential legitimation does not correspond to a natural process, but rather consists of a discourse that treats the evidence in certain ways, or rather in different ways, in order to increase the legitimacy of the constitutional judge's decisions. If it falls under the specific field of comparative constitutional jurisprudence, the contribution appeals to the context of the general theory of evidence and, in particular, to the recently conceptualized functions of evidence. It follows from this that in the process of depoliticization or jurisdictionalization of the review of constitutionality, constitutional subjects strive, on the one hand, to improve the way of decision-making, and on the other hand, to privilege a certain type of argumentation. Although there are many tools to achieve this, the purpose of this contribution is limited to the study of evidence as a tool of legitimation. More specifically, the process of legitimization by evidence can be conceived as a process initiated by legal entities in order to gain authority among different audiences. The main function of evidence is to verify the production of facts that are decisive for the resolution of the dispute and to which the law attributes legal consequences. This function of proof consists in determining the truth of statements that describe the occurrence of these defining facts. However, it is important to note that this contribution is not intended to position itself on the content of the truth in the judicial process.

Interpretation about Death Rite of the Nias Ethnic and its Relation to Social Order.

This study reports on the description and analysis of death rituals that are a tradition of the Nias tribe in Indonesia. Descriptive discussion of rites and rituals of death using the perspective of cultural anthropology and the sociology of religion. In Nias belief, the spirits of the dead can be transferred into statues and become objects of worship, which are highly respected but also feared. Although Christianity has replaced tribal religion, the strength of tradition in the old beliefs persists to this day, so syncretism is unavoidable. The research findings show that death rituals become religious tools that maintain traditional values on the one hand and become legitimate tools to increase social status and cohesion in society. The rituals of death are integrated into social interactions where people carry out symbols and form social order. This finding proves that modern society's social cohesion is inseparable from tradition's role.

Violence and the Impotence of Violence According to Arendt

Şiddet, gerek bireysel hayatta gerekse toplumsal hayatta sistematik veya simgesel olarak uygulanmaktadır. Birçok farklı tanımı kapsayan şiddet olgusu bireye uygulanan fiziksel bir durumu içerdiği gibi ekonomik ve politik sistemler tarafından uygulanan her türlü zarar verici eylemleri de kapsamaktadır. Literatürde şiddet ile ilgili birçok farklı tanıma rastlamak mümkündür. Bu tanımların genel özelliği şiddeti ortaya çıkaran bireysel ve toplumsal nedenler üzerinden bir genellemeye vardıkları görülmüştür. Bu genellemelerin ortak özelliği şiddetin zarar verici negatif yönleri üzerinde yoğunlaşmış olmalarıdır. Şiddet üzerine yapılan literatür taramasında şiddet olgusunun birçok farklı yönlerinin ele alındığı ancak şiddetin keyfiliği üzerine bir boşluğun olduğu görülmüştür. Bu boşluk Arendt tarafından doldurulmuştur. Şiddetin herkesin gözü önünde ve ortalıkta olduğunu söyleyen Arendt’e göre şiddetin toplumsal ve kültürel bir tarihi vardır. Tarihte yaşanmış toplumsal olaylar üzerinden bir şiddet analizinde bulunan Arendt bu bağlamda diğer sosyal bilimcilerden farklı ve özgün bir şiddet analizi geliştirmiştir. Arendt’ın iktidar, güç ve kuvvet kavramları üzerinden geliştirdiği tanımlaması şiddetin toplumsallığına vurgu yapmaktadır. Ayrıca şiddet olgunun genişlemesi ve sistematikleşmesi için gücü elinde bulunduranların güçsüzler karşısında keyfiliğine dayandığını ortaya koymuştur. Dolayısıyla onun tanımında özellikle vurguladığı keyfilik diğer sosyal bilimcilerden ayrışmaktadır. İktidarların kendi otoritelerini ayakta tutabilmek içinde sıkça kullanılan şiddet ulus-devlet tanımlarında da devletin meşru araçlarından biri olarak kabul edilmiştir. Bu kapsamda makalede Arendt tarafından keyfilik ekseninde yeniden bir tanımlamaya gidilen şiddetin diğer sosyal bilimcilerden farklı vurguları üzerinde durulmuştur. Şiddetin biçimleri ve sınırları Arendt’in yorumları ile sınırlandırılmış ve diğer sosyal bilimcilerin tanımları ile karşılaştırılmıştır.

Hope and contradiction: the practical arts in the educational thought of late antiquity

ABSTRACT This paper looks at tensions arising in the educational thought of late antiquity from the conflict between assumptions regarding the low worth of practical knowledge and the contribution practical education can make to the wider purposes educational thinkers assigned to learning. Drawing on the educational writings of Augustine, Martianus Cappella and Boethius, I argue that there are vagaries and contradictions in their depreciation of the practical and a fuller, more hopeful, appreciation of the potential of practical education emerges. This assertion has contemporary significance due to the ancient binary’s foundational and contemporary status as a tool of legitimation to reinforce the lower status of the practical and justify societal and economic determinants at the base of educational stratifications.

Contextualization of IsiXhosa Language Speech Acts Through Art Practice

This article represents an iconographic analysis of a selection of artworks from the author’s recent solo exhibition entitled Obu bubomi bam 8 out of 8: I teach Art, 2021. The selected artworks were titled using isiXhosa language speech acts which complement their visual narratives and expand their iconographic meanings. IsiXhosa is one of South Africa’s indigenous languages and is also the author’s mother tongue. The titles were consciously constructed to contribute to the art activism inherent within the artworks. These artworks do not only tell an authentic life story, they also highlight the importance of language in extending the impact of the visual narratives so that they are accessible to all viewers. This is because for any information and or message to be understood and meaningful to another person it must be conveyed through everyday / vernacular language. Thus, the selected artworks presented in this article were meant to influence and engage the viewers meaningfully as art actionism. The main objective of this article is to unpack these visual metaphors by reinterpreting the essence of their individual titles. The article is also meant to contribute to the contextualization of African indigenous languages as legitimate tools for the dissemination of inclusive and valuable knowledge.

Contextualization of IsiXhosa Language Speech Acts Through Art Practice

This article represents an iconographic analysis of a selection of artworks from the author’s recent solo exhibition entitled Obu bubomi bam 8 out of 8: I teach Art, 2021. The selected artworks were titled using isiXhosa language speech acts which complement their visual narratives and expand their iconographic meanings. IsiXhosa is one of South Africa’s indigenous languages and is also the author’s mother tongue. The titles were consciously constructed to contribute to the art activism inherent within the artworks. These artworks do not only tell an authentic life story, they also highlight the importance of language in extending the impact of the visual narratives so that they are accessible to all viewers. This is because for any information and or message to be understood and meaningful to another person it must be conveyed through everyday / vernacular language. Thus, the selected artworks presented in this article were meant to influence and engage the viewers meaningfully as art actionism. The main objective of this article is to unpack these visual metaphors by reinterpreting the essence of their individual titles. The article is also meant to contribute to the contextualization of African indigenous languages as legitimate tools for the dissemination of inclusive and valuable knowledge.

Antecedents of the intention to adopt crowdsourcing for innovation in government: Findings from Belgium and the Netherlands

Crowdsourcing is a form of IT-enabled open innovation that has received increased attention in recent years. However, the use of crowdsourcing in public innovation is still in its early stages. To understand the adoption of crowdsourcing in government, this article investigates the antecedents of the intention to adopt crowdsourcing in government organizations. The adoption intention is conceptualized as a rationalistic, goal-directed decision that is driven by multiple strategic intents but tempered by transaction costs. Three strategic intents (accessing complementary knowledge, enhancing organizational legitimacy, and reducing innovation costs) and two transaction costs (codification costs, and broadcasting costs) are hypothesized as antecedents to the adoption intention. Data (n = 205) from municipalities in Belgium and the Netherlands shows that the adoption intention can be explained by the influence of the political executive, the pursuit of organizational legitimacy, and transaction costs associated with broadcasting. Accessing complementary knowledge, reducing innovation costs, and codification costs are not significant predictors. The findings suggest that crowdsourcing is viewed as a tool for political alignment and legitimation.

Государственно-частное партнерство в российской системе образования: преимущества, проблемы и направления развития

The present article describes the advantages, current problems, and development directions of public-private partnership in the Russian education system. Sustainable development requires inclusive, affordable, and high-quality education. Statistical data demonstrated a significant state underfunding of the Russian education system and, as a result, the poor technical state of education facilities in the country. Therefore, public-private partnership can serve as a way to attract financial resources and competences of private partners to the education system. The paper focuses on such issues as the advantages of public-private partnership in the education system, the needs of the main stakeholders of public-private partnership projects, socio-economic effects of public-private partnership, etc. Based on various financial, economic, legal, and managerial issues, the author gives practical recommendations, e.g., state assistance at the local level, universal box solutions for standard education facilities, a new legitimate tool for changing public-private partnership projects, etc. The problem needs a systematic approach. The study relied on the general scientific method of dialectical cognition of economic and financial phenomena, as well as analysis, synthesis, and expert evaluation. The systematic approach can facilitate managerial decisions in the sphere of education and public-private partnership.

An Assessment of Neoliberal Coups: the 1973 Chilean Military Coup and the 1980 Turkish Military Coup

The article attempts to identify the changes caused by military coups, one of the means of spreading neoliberal ideology, on the political economy of countries and discusses the place of the US hegemony in this context. The influence of armies on the political economy of countries is examined based on the examples of the Chilean military coup of 1973 and the Turkish military coup of 1980, and the place of the army element in the histories of these countries is discussed. Even if a hegemon power has enough economic, military and political power to intervene directly, it can use less costly and more legitimate tools for indirect intervention than a direct one. The policy of instrumentalizing local military forces and exporting neoliberalism to countries, which the US hegemony preferred to apply in the Cold War era and generally in the last quarter of the 20th century, is clearly seen in the examples of Chile and Turkey. Therefore, the main topic of this study is the use of armies as a tool by the neoliberal hegemon USA, and it argues that the military coups of Chile and Turkey were indirect foreign interventions, and that they were the products of the US hegemony as events that served to declare the victory of neoliberalism.

The reliability and validity of the Turkish version of the brief pain inventory-short form in patients with cancer pain.

Objectives The aim of this study was to evaluate the reliability and validity of the Turkish version of the Brief Pain Inventory (BPI-TR) in patients with cancer pain. Patients and methods The study included 130 patients (70 females, 60 males; mean age: 56.1±13.3 years; range, 18 to 87 years) diagnosed with any type and stage of cancer between April 2017 and March 2018. Brief Pain Inventory, Pain Disability Index, EORTC QLQ C30 and Pain Management Index were used to collect data. The reliability of the scale was tested with `internal consistency` and its validity with `construct validity`. Cronbach`s alpha values of >0.70 were accepted as the threshold for internal consistency. Construct validity was tested in the context of structural validity with factor analysis and also tested in terms of convergent construct validity by investigating its correlation with the Pain Disability Index (PDI) and the European Organization for Research and Treatment of Cancer Quality of Life Questionnaire Core 30 (EORTC QLQ-C30). Results The internal consistency of pain severity and pain-related interference was found as 0.91 and 0.95, respectively. The alpha coefficient was found to be between 0.795 and 0.873 for the pain severity index and between 0.729 and 0.861 for the pain-related interference index. There was a clear link between the BPI-TR pain severity index and the ninth question in the EORTC QLQ-C30 (rho=0.66, p<0.05). The association between the BPI-TR interference index and the 19th question in the EORTC QLQ-C30 was also strong (rho=0.77, p<0.05). The correlation between the BPI-TR interference index and the PDI was found to be moderate (rho=0.50, p<0.05). Conclusion The BPI-TR was found to be a reliable and legitimate tool to evaluate cancer pain in the Turkish population.

“We Do Not Have Any Further Info to Add, Unfortunately” – Strategic Disengagement on Public Health Facebook Pages

ABSTRACT During the COVID-19 pandemic, communication with the public has been a central concern for state actors. One important question has been how to best use social media to ensure the sufficient uptake of their advice and recommendations to the public. With regard to such strategic communicative aims, a significant amount of attention has been previously devoted to the engagement, interaction, and dialogic forms of strategic communication on social media. This paper, however, focuses on an aspect that has not been discussed much in the literature: the need an organization might have to disengage due to a lack of resources or when a conversation has stalled. Using the communication that Scandinavian public health authorities carried out through their Facebook pages as cases, this paper employs a thematic analysis of the associated posts and qualitative interviews with employees to argue that these institutions use three disengagement strategies: 1) contradiction, 2) meta-discursive disengagement, and 3) disengagement through sympathy/empathy. Based on this, we consider the strategic potential of disengagement and discuss whether disengagement strategies can be considered legitimate tools for public health organizations’ crisis communication that can allow them to achieve the dual aim of ensuring citizens’ support for and compliance with authorities’ recommendations.

Anti-Corruption Disclosure, Corporate Social Expenditure and Political Corporate Social Responsibility: Empirical Evidence from Bangladesh

Corruption is a major concern globally, particularly in developing countries, such as Bangladesh, where it is the main obstacle to economic development. Corruption is also mentioned as the major impediment to accomplishing sustainable development. There is a dearth of studies on anti-corruption disclosure (ACD), political corporate social responsibility (PCSR), and cash holding in Bangladesh magnitude of this research. This study investigates different drivers and motivations of ACD practice of a less control of corruption country’s firm-level observations. This study incorporates an institutional and legitimacy theoretical lens to explain anti-corruption disclosure practice. In order to draw the best picture of corruption disclosure, the study uses all financial sector companies listed on the Dhaka Stock Exchange. Therefore, the total firm-year observations are 245 from 2012–2016. The authors developed a diverse set of 97 keywords as content for ACD. The regression results show that CSR expenditures, political corporate social responsibility (PCSR), financial constraint, internationalization of reporting, and media visibility positively and significantly affect firm-level ACD. Furthermore, cash holdings show negative and significant relationships. The study provides new evidence on CSR expenditure, PCSR, cash holdings, and media visibility from a developing country’s perspective. Therefore, the results suggest that policymakers and regulatory authorities can deal with ACD as a legitimization tool for society and stakeholders.

Constructing the Collective Trauma of “The Hard 1990s” as a Disregarded Tool of Legitimation for Putin’s Authority

The book The Red Mirror: Putin’s Leadership and Russia’s Insecure Identity by Gulnaz Sharafutdinova is a valuable contribution to the literature on post-Soviet Russian politics, as well as to identity studies. Scholars of international relations largely succeeded in demonstrating the relevance of national identities for foreign affairs. However, there are not so many works exploring their effects for domestic political regimes. Sharafutdinova explains Putin’s lasting popular support by his contribution to the “sense of national identity and collective purpose that Russian citizens relate and value” (19–20). She relies on the social identity theory that posits a sense of belonging, pride, and self-esteem, provided to individuals by their respective groups, as an important driver of social behavior. According to Sharafutdinova, Putin’s leadership rested upon a crafty exploitation of group emotions associated with “two central pillars of the Soviet collective identity, including a sense of exceptionalism … and a sense of a foreign threat to the state and its people” (18). Such manipulations were facilitated by using the state-controlled media to broadcast the proper messages, on the one hand, and “the contextual variables” that made the Russian population sensitive to them, on the other (35). Among such variables, the author particularly emphasizes “the Russian citizen’s collective experience of the Soviet collapse and the ensuing transition” (35). Of course, this is not the first work exploring the political outcomes of the national identity construction in Russia (e.g., Morozov 2009) or pointing to the contrast between the hardships of the early years of Russia’s

ДІЛОВА РЕПУТАЦІЯ - ВИНИКНЕННЯ, КРИТЕРІЇ ОЦІНКИ, ПІДСТАВИ ВИВЧЕННЯ, МОЖЛИВОСТІ ТА ІНСТРУМЕНТИ ПЕРЕВІРКИ

The article is devoted to the study of historical stages of development of the concept of "business reputation". The purpose of the article was to study the historical stages of formation of the category of "business reputation" and the possibilities of its use to ensure the economic security of enterprises. The research methodology involves the use of historical methods, methods of analysis and synthesis of methods of comparison and systematization, as well as other methods to achieve this goal. The study examines the main approaches to the interpretation of the concept of "business reputation" and the main criteria that can be used for evaluation. The main Ukrainian registers that can be used to assess the goodwill collected by the subject of evaluation should be accumulated, analyzed and checked with the use of tools, the use of which does not contradict the legislation of Ukraine and international legal acts. The author's definition of the concept of "business reputation" is proposed, which is proposed to understand the subjective rational judgment (reasoning) of the state and relations of the business entity to make about him (him) communicative (managerial) decisions. In this case, the term "communicative solution" is proposed to mean the concept of possible actions on the object of interest. The main contradictions between the theoretical concept of "business reputation" and the statutory concept. The components that make up the concept of goodwill must comply with the law, and the study and evaluation must be carried out using legitimate tools. Clear implementation of the Law in the process of studying business reputation, able to introduce correlations to its definitions, components, criteria, etc. In further scientific publications, attention will be paid to the development of the real reality of business reputation, the features of the business reputation of the construction company, the relationship of economic security of the construction company with the state of its business reputation.

Improving Vietnamese law on the pre-action collection of evidence of law violations in cyberspace

In this technological era, illegal acts are surging in cyberspace and causing considerable damage by exploiting the fast and convenient features in connecting and making online transactions. Obtaining evidence and information related to those acts is a prerequisite for the victims of law violations in cyberspace to use legitimate tools to secure their rights and interests. Such an activity must be conducted as soon as possible, even before the proceeding starts to prevent the important evidence and information of the violators from being permanently dispersed or deleted. However, such data is often stored by an opposite party or placed under the management of third parties such as banks, internet service providers and social media platforms. These parties tend to refuse information disclosure due to the conflict of interests, assurance of confidentiality and other business issues. In this regard, Vietnamese civil procedure law still encounters several difficulties for the victims to collect evidence at the pre-action stage. The law has neither clarified the victims’ right to request the evidence-holders to disclose nor provided the victims with any other effective measure to support such collection in this crucial period. Meanwhile, the procedure law of foreign jurisdictions, namely the UK and the Netherlands, is integrated with effective mechanisms to deal with this specific issue. In general, such mechanisms entitle the victims to request the court to order the evidence-holders to disclose crucial evidence of the violations and information about the violators before the commencement of a civil action. Using both doctrinal and comparative methods, this article examines these foreign schemes to determine several vital points for improving Vietnamese civil procedure law regarding the request for court assistance in collecting evidence at this pre-action stage.

But Is It Good Enough? Jus ad Vim and the Danger of Perpetual War

AbstractIn this essay, I reflect on the divergent arguments about limited force made by Daniel R. Brunstetter and Samuel Moyn in their respective monographs. Arguing that their positions can be reconciled, I agree with Brunstetter that limited force has a role to play in establishing and maintaining a just world order. At the same time, however, I am mindful of Moyn's warning that limited force may lead to perpetual war. The way to ensure that limited force both works toward justice and does not result in perpetual war, I argue, is to focus more on considerations of jus ante bellum (right before war) and jus post bellum (right after war), the so-called “growing edges of just war theory.” I hold that the responsible use of statecraft, which just war thinking seeks to inform, accepts that limited force constitutes a legitimate tool to facilitate order, justice, and peace. However, any justifiable use of force must be restrained and limited and aim for a just peace. The embrace of limited force should thus be complemented with an effort by state leaders to bolster the edges of just war in order to facilitate a security environment that requires the use of limited force less frequently.

Re-Examining the Effect of Job Sprawl on the Black-White Housing Consumption Gap: Evidence Following the Great Recession

This article examines the association between employment decentralization and the Black-White housing consumption gap since the Great Recession. This research investigates the extent to which post-recession spatial patterns of employment facilitate, or impede, the recovery for Black households. The model estimates a statistically significant correlation between job sprawl and the Black-White housing gap, although the direction depends upon the level of sprawl and measure of housing consumption. For example, while job sprawl is associated with a reduction in the Black-White unit size gap, that association only holds in high-sprawl metropolitan areas. In one area of improvement since the recession, job sprawl is correlated with a reduction in the ownership gap in a majority of metropolitan areas. However, job sprawl is also correlated with an intensification of the suburban ownership gap in the vast majority of metropolitan areas in the study. This study counters conventional arguments that unplanned sprawl may reduce intergroup inequality, and that metropolitan land use regulations may therefore exacerbate inequality. The results of this research demonstrate that inequality persists in light of competitive market forces that generate sprawl. Metropolitan land use policies that mitigate sprawl may therefore be legitimate tools for mitigating intergroup inequality in metropolitan housing markets.

"Coğrafya Kaderdir" Üzerine

This study focuses on the genealogy of the idea that “geography is destiny”. It claims that beside its pejorative meaning the idea has also an imperative meaning. In this regard, it defends considering geography as destiny is closely related with definition and imagination of the geography itself and has long historical material ground. Departing from this logic, the study focuses on relationship between the idea and diverse traditions in historical development of geographical thought to put forward how this relationship has been reproduced from antique times to modern times. In this respect, after chasing contribution of theological, astrological and cosmological traditions in classical age the study analyses role of mechanical, ecological and evolutionary world views in modern times and argues the aforementioned idea is an outcome of putting the nature and culture under same explanative umbrella. The study claims perceiving geography as destiny is product of idealistic geographical thought and functions as justification and legitimization tool for every kind of conservative politics.

Law of Armed Conflict in Non-International Hostilities: The Militarisation of Wildlife Conservation in Africa

This article discusses the controversial issue of the militarisation of conservation in the African context. It situates the use of military tactics in wildlife conservation within sovereignty debates in public international law. Further, this article argues that in the purview of the principle of permanent sovereignty over natural resources, nation-states are entitled to invoke sovereign rights to target and kill armed poachers operating in African national parks. It is argued in this article that nation states are entitled to invoke targeted killings during anti-poaching operations under international humanitarian law. Furthermore, this article submits that the law of armed combat may be invoked in non-international hostilities including in anti-poaching operations. This article characterises suspected poachers as combatants engaging in hostilities in the domestic context. In the absence of the developed jurisprudence of international tribunals, the case law of the Israeli Supreme Court on targeted killings is briefly discussed and is contextualised for anti-poaching operations. The article concludes that targeted killings are a legitimate tool in enforcing anti-poaching laws and preventing the extinction of wildlife populations in the African continent and elsewhere in the world.

The informal governance of public-private partnerships in UK obesity policy: Collaborating on calorie reduction or reducing effectiveness?

Collaboration between governments and non-state actors has emerged as the dominant mode of policy making to address a wide range of public and global health issues, particularly via public-private partnerships and multi-stakeholder platforms. Despite its paradigmatic status in contemporary health governance, political claims and promises of partnership approaches as more effective than state regulation have received limited attention. This study addresses this gap by tracing negotiations over a calorie reduction ‘pledge’ within the Public Health Responsibility Deal: a public-private partnership between the UK Department of Health, food industry and civil society organisations focusing on obesity policy. It demonstrates how political claims-making by the Department of Health that a public-private partnership as an effective substitute for legislation, contrasted with protracted and conflictual negotiations with food industry business associations. Employing Erving Goffman's distinction between frontstage and backstage interaction and the concept of informal governance, this study traces a shift to informal back stage governance as a mechanism to cope with acute tensions between economic interests and nutrition policy goals. The study illustrates how this shift to the back stage had substantive public health implications, privileging commercial sector perspectives and marginalising civil society participation. Informalization served to reframe calorie reduction from industry-focused to personal responsibility for lifestyle behaviours, in the process reducing its effectiveness. The results suggest that, while partnership and multi-stakeholder approaches are widely promoted as a legitimate tool in health governance, visible tensions between commercial sector and public health interests challenge political claims about public-private collaboration as consensus-oriented and effective. Informal governance, when used as a coping mechanism to manage tensions public health and commercial sector interests, may be symptomatic of wider dysfunctions and conflicts of interest in partnership approaches. This suggests that there may be limited scope for effective policy innovations where commercial sector actors perceive core interests as threatened.