Legitimacy

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Publisher : Harvard University Press
ISBN 13 : 0674983467
Total Pages : 305 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Legitimacy by : Arthur Isak Applbaum

Download or read book Legitimacy written by Arthur Isak Applbaum and published by Harvard University Press. This book was released on 2019-11-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.

Reconstructing our Understanding of State Legitimacy in Post-conflict States

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Author :
Publisher : Springer Nature
ISBN 13 : 3030672549
Total Pages : 313 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Reconstructing our Understanding of State Legitimacy in Post-conflict States by : Ruby Dagher

Download or read book Reconstructing our Understanding of State Legitimacy in Post-conflict States written by Ruby Dagher and published by Springer Nature. This book was released on 2021-02-20 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reassesses performance legitimacy in the context of statebuilding and identifies the paradox between state institution building and state legitimacy by looking at the interplay between state legitimacy and leaders’ legitimacy The author reviews the significant weaknesses associated with the current measures of state legitimacy and uses this to demonstrate the incompatibility of these measurements with the reality faced by conflict and post-conflict countries. The author uses the Performance Legitimacy Theory of Transition framework to demonstrate the potential legitimacy paths that post-conflict countries can embark on and proposes a new approach for building state legitimacy in post-conflict countries. The author also introduces new indicators to measure performance legitimacy that also reflect its non-exclusive nature. Essential reading for students and researchers of Peace and Conflict Studies and especially of post-conflict development, peacebuilding, statebuilding, intervention, and democracy promotion. Also accessible to policy makers.

Understanding Legitimacy

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Publisher : Lexington Books
ISBN 13 : 1498518974
Total Pages : 217 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Understanding Legitimacy by : Philip D. Shadd

Download or read book Understanding Legitimacy written by Philip D. Shadd and published by Lexington Books. This book was released on 2016-12-13 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, political theorists have increasingly focused on the question of legitimacy rather than on justice. The question of legitimacy asks: even if legal coercion falls short of being perfectly just, what nonetheless makes it morally legitimate? Yet legitimacy remains poorly understood. According to the regnant theory of justificatory liberalism, legitimate legal coercion is based on reasons all reasonable persons can accept and is conceived in terms of a hypothetical procedure. Philip Shadd argues that this view would effectively de-legitimize all laws given its requirement of unanimity; it wrongly suggests that basic rights are outcomes of political procedures rather than checks on such procedures; and it is paternalistic as it substitutes hypothetical persons for actual persons. Where should theorists turn? Shadd's perhaps surprising proposal is that they turn to neo-Calvinism. Founded by the Dutch politician, theologian, and social theorist, Abraham Kuyper (1837-1920), neo-Calvinism is a specific variant of Reformed social thought unique for its emphasis on institutional pluralism. It has long theorized themes such as church-state separation, religious diversity, and both individual and institutional liberty. Out of this tradition Shadd reconstructs an alternative framework for legitimacy. The central neo-Calvinist insight is this: legitimacy is a function of preventing basic wrongs. The book develops this insight in terms of three ideas. First, the wrongs that legitimate regimes must prevent are violations of objective natural rights. Second, these rights and wrongs presuppose some or another view of basic human flourishing. Third, Shadd suggests we understand these rights and wrongs as being exogenous. That is, they are not social constructions, but arise outside of human societies even while applying to them. While based in a religious tradition of thought, religious intolerance is no part of this neo-Calvinist theory of legitimacy and, in fact, runs contrary to neo-Calvinism’s distinctive institutional pluralism. But only by theorizing legitimacy along the lines Shadd suggests can we make sense of convictions such as that some legal coercion is legitimate even amidst disagreement and that paternalistic coercion is illegitimate. Neo-Calvinism offers a better framework for understanding legitimacy. This book will be of particular interest to secular theorists focusing on themes of political legitimacy, public reason, justificatory (or political) liberalism, or the work of John Rawls, and to religious theorists focused on theories of church-state separation, institutional pluralism, and religious diversity.

Law and Legitimacy in the Supreme Court

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Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon

Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

Understanding Legitimacy in Criminal Justice

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Publisher : Springer Nature
ISBN 13 : 3031177312
Total Pages : 175 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Understanding Legitimacy in Criminal Justice by : Liqun Cao

Download or read book Understanding Legitimacy in Criminal Justice written by Liqun Cao and published by Springer Nature. This book was released on 2022-10-17 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book updates the recent quantitative and qualitative, empirical and theoretical literature on legitimacy, focusing on how it can be measured in diversified research environments. Highlighting the different measurements and the critique surrounding them, this volume is a coherent and systematic guide to theory on legitimacy. This book is divided into three sections: Theoretical framework Legitimacy and its measures Legitimacy International Within these three parts, individual chapters are expected to provide in-depth analysis of core topics, including development, measurement, and cultural disparities, and collectively represent a comprehensive review of legitimacy in theory and in methodology in the global context. The book is ideal for researchers and graduate criminology and criminal justice students.

The Oxford Handbook of Law and Politics

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Publisher : OUP Oxford
ISBN 13 : 0191616281
Total Pages : 828 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Law and Politics by : Keith E. Whittington

Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-11 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Democratic Legitimacy

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Publisher : Princeton University Press
ISBN 13 : 1400838746
Total Pages : 244 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Democratic Legitimacy by : Pierre Rosanvallon

Download or read book Democratic Legitimacy written by Pierre Rosanvallon and published by Princeton University Press. This book was released on 2011-07-05 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's a commonplace that citizens in Western democracies are disaffected with their political leaders and traditional democratic institutions. But in Democratic Legitimacy, Pierre Rosanvallon, one of today's leading political thinkers, argues that this crisis of confidence is partly a crisis of understanding. He makes the case that the sources of democratic legitimacy have shifted and multiplied over the past thirty years and that we need to comprehend and make better use of these new sources of legitimacy in order to strengthen our political self-belief and commitment to democracy. Drawing on examples from France and the United States, Rosanvallon notes that there has been a major expansion of independent commissions, NGOs, regulatory authorities, and watchdogs in recent decades. At the same time, constitutional courts have become more willing and able to challenge legislatures. These institutional developments, which serve the democratic values of impartiality and reflexivity, have been accompanied by a new attentiveness to what Rosanvallon calls the value of proximity, as governing structures have sought to find new spaces for minorities, the particular, and the local. To improve our democracies, we need to use these new sources of legitimacy more effectively and we need to incorporate them into our accounts of democratic government. An original contribution to the vigorous international debate about democratic authority and legitimacy, this promises to be one of Rosanvallon's most important books.

Legitimacy, Justice and Public International Law

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Publisher : Cambridge University Press
ISBN 13 : 0521199492
Total Pages : 333 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Legitimacy, Justice and Public International Law by : Lukas H. Meyer

Download or read book Legitimacy, Justice and Public International Law written by Lukas H. Meyer and published by Cambridge University Press. This book was released on 2009-11-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.

Political Legitimacy in Postcolonial Mali

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Publisher : Boydell & Brewer
ISBN 13 : 184701268X
Total Pages : 255 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Political Legitimacy in Postcolonial Mali by : Dorothea E. Schulz

Download or read book Political Legitimacy in Postcolonial Mali written by Dorothea E. Schulz and published by Boydell & Brewer. This book was released on 2021 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative examination of our understanding of political legitimacy in Mali, and its wider implications for democratization and political modernity in the Global South.

Legitimacy and International Courts

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Publisher : Cambridge University Press
ISBN 13 : 1108540228
Total Pages : 397 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Legitimacy and International Courts by : Nienke Grossman

Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Policy Legitimacy, Science and Political Authority

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Publisher : Routledge
ISBN 13 : 1317420012
Total Pages : 235 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Policy Legitimacy, Science and Political Authority by : Michael Heazle

Download or read book Policy Legitimacy, Science and Political Authority written by Michael Heazle and published by Routledge. This book was released on 2015-10-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Voters expect their elected representatives to pursue good policy and presume this will be securely founded on the best available knowledge. Yet when representatives emphasize their reliance on expert knowledge, they seem to defer to people whose authority derives, not politically from the sovereign people, but from the presumed objective status of their disciplinary bases. This book examines the tensions between political authority and expert authority in the formation of public policy in liberal democracies. It aims to illustrate and better understand the nature of these tensions rather than to argue specific ways of resolving them. The various chapters explore the complexity of interaction between the two forms of authority in different policy domains in order to identify both common elements and differences. The policy domains covered include: climate geoengineering discourses; environmental health; biotechnology; nuclear power; whaling; economic management; and the use of force. This volume will appeal to researchers and to convenors of post-graduate courses in the fields of policy studies, foreign policy decision-making, political science, environmental studies, democratic system studies, and science policy studies.

The Quest for Legitimacy in Chinese Politics

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Publisher : Routledge
ISBN 13 : 1000699765
Total Pages : 184 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis The Quest for Legitimacy in Chinese Politics by : Lanxin Xiang

Download or read book The Quest for Legitimacy in Chinese Politics written by Lanxin Xiang and published by Routledge. This book was released on 2019-09-03 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiang explains the nature and depth of the legitimacy crisis facing the government of China, and why it is so frequently misunderstood in the West. Arguing that it is more helpful to understand the quest for legitimacy in China as an eternally dynamic process, rather than to seek resolutions in constitutionalism, Xiang examines the understanding of legitimacy in Chinese political philosophy. He posits that the current crisis is a consequence of the incompatibility of Confucian Republicanism and Soviet-inspired Bolshevism. The discourse on Chinese political reform tends to polarize, between total westernization on the one hand, or the rejection of western influence in all forms on the other. Xiang points to a third solution - meeting western democratic theories halfway, avoiding another round of violent revolution. This book provides valuable insights for scholars and students of China’s politics and political history.

After Anarchy

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Publisher : Princeton University Press
ISBN 13 : 1400827744
Total Pages : 235 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis After Anarchy by : Ian Hurd

Download or read book After Anarchy written by Ian Hurd and published by Princeton University Press. This book was released on 2008-07-01 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The politics of legitimacy is central to international relations. When states perceive an international organization as legitimate, they defer to it, associate themselves with it, and invoke its symbols. Examining the United Nations Security Council, Ian Hurd demonstrates how legitimacy is created, used, and contested in international relations. The Council's authority depends on its legitimacy, and therefore its legitimation and delegitimation are of the highest importance to states. Through an examination of the politics of the Security Council, including the Iraq invasion and the negotiating history of the United Nations Charter, Hurd shows that when states use the Council's legitimacy for their own purposes, they reaffirm its stature and find themselves contributing to its authority. Case studies of the Libyan sanctions, peacekeeping efforts, and the symbolic politics of the Council demonstrate how the legitimacy of the Council shapes world politics and how legitimated authority can be transferred from states to international organizations. With authority shared between states and other institutions, the interstate system is not a realm of anarchy. Sovereignty is distributed among institutions that have power because they are perceived as legitimate. This book's innovative approach to international organizations and international relations theory lends new insight into interactions between sovereign states and the United Nations, and between legitimacy and the exercise of power in international relations.

Legitimacy Processes in Organizations

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Publisher : Elsevier
ISBN 13 : 9780762310081
Total Pages : 292 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Legitimacy Processes in Organizations by : Cathryn Johnson

Download or read book Legitimacy Processes in Organizations written by Cathryn Johnson and published by Elsevier. This book was released on 2004-04-27 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this volume is to produce a collection of articles by leading social psychologists and organizational scholars that focus on legitimacy processes in organizations. Over the last two decades in social psychology within sociology, scholars have developed legitimacy theories that strive to show how legitimacy processes merge into structures. Also, in organizational research, issues of legitimacy processes are of central concern - for example, in neoinstitutional theory. Therefore, it is worthwhile to devote a volume that will address specifically how these legitimacy processes operate in organizations. This collection of papers will accomplish two goals. First, the contributors will have an opportunity to discuss how legitimacy processes contribute to our understanding of how organizations are structured and how they work. In addition, by examining legitimacy processes, the contributors will be able to explore the micro/macro implications of these processes. Second, this volume should stimulate more discussion between social psychologists and organizational researchers on issues of legitimacy and future directions for understanding legitimacy processes.

Legitimacy and Legality in International Law

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Publisher : Cambridge University Press
ISBN 13 : 1139491474
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legitimacy and Legality in International Law by : Jutta Brunnée

Download or read book Legitimacy and Legality in International Law written by Jutta Brunnée and published by Cambridge University Press. This book was released on 2010-08-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Legitimacy in an Age of Global Politics

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Publisher : Springer
ISBN 13 : 0230598390
Total Pages : 283 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Legitimacy in an Age of Global Politics by : A. Hurrelmann

Download or read book Legitimacy in an Age of Global Politics written by A. Hurrelmann and published by Springer. This book was released on 2007-10-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of the lack of plausible alternatives to liberal democracy, the age of globalization has ushered in serious challenges to the democratic legitimacy of the nation state. The contributors in this collection explore the frontiers of normative and empirical legitimacy research, drawing upon a range of key conceptual and methodological issues.

The Politics of Legitimation in the European Union

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Publisher : Routledge
ISBN 13 : 100052857X
Total Pages : 271 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis The Politics of Legitimation in the European Union by : Christopher Lord

Download or read book The Politics of Legitimation in the European Union written by Christopher Lord and published by Routledge. This book was released on 2022-04-19 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines and investigates the legitimacy of the European Union by acknowledging the importance of variation across actors, institutions, audiences, and context. Case studies reveal how different actors have contributed to the politics of (re)legitimating the European Union in response to multiple recent problems in European integration. The case studies look specifically at stakeholder interests, social groups, officials, judges, the media and other actors external to the Union. With this, the book develops a better understanding of how the politics of legitimating the Union are actor-dependent, context-dependent and problem-dependent. This book will be of key interest to scholars and students of European integration, as well as those interested in legitimacy and democracy beyond the state from a point of view of political science, political sociology and the social sciences more broadly.