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Legitimacy
Kinds of Legitimacy Terms modified by Legitimacy Selected AbstractsPOWER, RATIONALITY AND LEGITIMACY IN PUBLIC ORGANIZATIONSPUBLIC ADMINISTRATION, Issue 1 2009RAY GORDON In this paper we propose answers to the research question: how does power shape the construction of legitimacy in the context of public organizations? We suggest that while organizational structures of dominancy will be embedded, not all structures of dominancy align with those that are normatively presented as legitimate and authoritative. Such situations make the creation and sustenance of legitimacy problematic for organizational action. This paper advances our understanding of the relation between power, rationality and legitimacy by showing how structures of domination recursively constitute, and are constituted by, legitimacy that may not be authoritative. We show, empirically, how these relations prevented a police organization from reforming by breaking the recursive patterns of domination and legitimization. Theoretically, we argue that understanding organizational change must be connected to issues of power and legitimacy. [source] Democracy, Popular Sovereignty, and Constitutional LegitimacyCONSTELLATIONS: AN INTERNATIONAL JOURNAL OF CRITICAL AND DEMOCRATIC THEORY, Issue 2 2004Simone Chambers First page of article [source] The Place of Sovereignty: Popular Power, Partisan Guardians, and the Legitimacy of the PresidentCONSTELLATIONS: AN INTERNATIONAL JOURNAL OF CRITICAL AND DEMOCRATIC THEORY, Issue 3 2001Adam Lupel First page of article [source] Ruminations on Financial Efficiency and Social LegitimacyCORPORATE GOVERNANCE, Issue 1 2010William Judge Editor-in-Chief No abstract is available for this article. [source] Post-conflict Statebuilding and State Legitimacy: From Negative to Positive Peace?DEVELOPMENT AND CHANGE, Issue 4 2008David Roberts ABSTRACT This article is concerned with the potential that statebuilding interventions have to institutionalize social justice, in addition to their more immediate ,negative' peace mandates, and the impact this might have, both on local state legitimacy and the character of the ,peace' that might follow. Much recent scholarship has stressed the legitimacy of a state's behaviour in relation to conformity to global governance norms or democratic ,best practice'. Less evident is a discussion of the extent to which post-conflict polities are able to engender the societal legitimacy central to political stability. As long as this level of legitimacy is absent (and it is hard to generate), civil society is likely to remain distant from the state, and peace and stability may remain elusive. A solution to this may be to apply existing international legislation centred in the UN and the ILO to compel international organizations and national states to deliver basic needs security through their institutions. This has the effect of stimulating local-level state legitimacy while simultaneously formalizing social justice and positive peacebuilding. [source] Empowering Pyromaniacs in Madagascar: Ideology and Legitimacy in Community-Based Natural Resource ManagementDEVELOPMENT AND CHANGE, Issue 1 2002Christian A. Kull Development practitioners frequently rely on community-based natural resource management (CBNRM) as an approach to encourage equitable and sustainable environmental resource use. Based on an analysis of the case of grassland and woodland burning in highland Madagascar, this article argues that the success of CBNRM depends upon the real empowerment of local resource users and attention to legitimacy in local institutions. Two key factors , obstructive environmental ideologies (,received wisdoms') and the complex political and social arena of ,community' governance , challenge empowerment and legitimacy and can transform outcomes. In Madagascar, persistent hesitancy among leaders over the legitimate role of fire has sidetracked a new CBNRM policy called GELOSE away from one of its original purposes , community fire management , towards other applications, such as community management of forest exploitation. In addition, complications with local governance frustrate implementation efforts. As a result, a century-long political stalemate over fire continues. [source] EU emissions trading: Legitimacy and stringencyENVIRONMENTAL POLICY AND GOVERNANCE, Issue 5 2010Jon Birger Skjærseth Abstract In December 2008, the EU Emissions Trading System (EU ETS) was significantly revised and strengthened. This article explores the basis for, and the consequences of, the revision for legitimacy. The key to legitimate EU governance is seen in the convergence of different sources of legitimacy at various levels of society. In addition to member-state consent, participation of non-state actors, democracy, expertise and effectiveness are of relevance. The first conclusion is that the recent revision of the EU ETS has indeed been grounded in a broader multilevel legitimacy basis. Second, the system faces significant challenges with regard to carbon markets and effectiveness, which could reduce its legitimacy in the long term. Copyright © 2010 John Wiley & Sons, Ltd and ERP Environment. [source] Governing Without Law or Governing Without Government?EUROPEAN LAW JOURNAL, Issue 2 2009New-ish Governance, the Legitimacy of the EU The way the EU is governed and the way such governance is perceived contributes centrally to the legitimacy of the European enterprise. This legitimacy underpins both the acceptance and the effects of EU activity. Legitimacy is a product of the way in which decisions are taken, and the nature and quality of such decisions. Pressures created by concerns about both forms of legitimacy affecting EU decision making partially explain the turn in legal scholarship away from the more traditional preoccupation with the analysis of legislative instruments and case-law, towards a more broadly based conception of governance which involves the examination of a more diverse range of processes and instruments. This article offers an analysis of the parameters of newness in governance. The overall argument is that some of the more innovative governance modes are not so new, whilst more recent and celebrated modes, although displaying elements of newness, are, perhaps, not that innovative. The focus of the new governance in the EU is largely on governing without law, rather than the more radical governing without government; hence the suggestion that we are experiencing only ,new-ish governance'. The article asks whether a limited conception of new governance is inevitable given the legitimacy constraints within which the EU operates, or whether the potential for developing a broader conception of governance, through wider participation and involvement of non-governmental governing capacities, might bolster legitimacy through both better processes and better outcomes. [source] Constitutional Legitimacy and Credible Commitments in the European UnionEUROPEAN LAW JOURNAL, Issue 1 2005Antonio Estella The N-C (No Constitution) thesis is being forcefully defended, in particular, by authors in the ,contextual' or ,law in context' tradition. However, likewise using a ,contextual' methodology, in this article I argue that the N-C thesis is in many regards misplaced. In this work, I defend the idea that Europe must adopt a constitution for reasons of credibility. I also try to show the main pitfalls of the N-C thesis. [source] The Autocracy of Love and the Legitimacy of Empire: Intimacy, Power and Scandal in Nineteenth-Century MetlakahtlahGENDER & HISTORY, Issue 2 2004Adele Perry This paper examines the politics of intimacy, power, and scandal at Metlakahtlah, a Church of England mission village in northern British Columbia, Canada, from 1862 to 1885, in order to cast light on settler colonialism and its aftermath. It particularly examines Metlakahtlah's main missionary, William Duncan, his relationships with young female converts and missionary women, and, perhaps more importantly, the stories that were told about them. Stories of Duncan's relationships with young Tsimshian women that circulated throughout settler society reveal the central place of sexuality to both critiques and defences of imperialism, and cast new light on contemporary politics around the historical experience of Indigenous children in settler colonies like Australia and Canada. [source] Deliberation, Legitimacy, and Multilateral DemocracyGOVERNANCE, Issue 1 2003Loren A. King Is deliberation essential to legitimate democratic governance? Deliberation may have epistemic value, improving the quality of information and arguments. Deliberation may be transformative, shaping beliefs and opinions. Or deliberation may be part of a conception of justice that constrains authority, by requiring that procedures be justified in terms of reasons acceptable to those burdened by authoritative decisions. Although appealing, the epistemic and transformative arguments are limited by the scale and complexity of many problems for which democratic solutions are sought. But the reason,giving argument is persuasive whenever collective decisions allow burdens to be imposed on others. [source] Legitimacy and the Privatization of Environmental Governance: How Non,State Market,Driven (NSMD) Governance Systems Gain Rule,Making AuthorityGOVERNANCE, Issue 4 2002Benjamin Cashore In recent years, transnational and domestic nongovernmental organizations have created non,state market,driven (NSMD) governance systems whose purpose is to develop and implement environmentally and socially responsible management practices. Eschewing traditional state authority, these systems and their supporters have turned to the market's supply chain to create incentives and force companies to comply. This paper develops an analytical framework designed to understand better the emergence of NSMD governance systems and the conditions under which they may gain authority to create policy. Its theoretical roots draw on pragmatic, moral, and cognitive legitimacy granting distinctions made within organizational sociology, while its empirical focus is on the case of sustainable forestry certification, arguably the most advanced case of NSMD governance globally. The paper argues that such a framework is needed to assess whether these new private governance systems might ultimately challenge existing state,centered authority and public policy,making processes, and in so doing reshape power relations within domestic and global environmental governance. [source] Policy Transfer in the European Union: Institutional Isomorphism as a Source of LegitimacyGOVERNANCE, Issue 1 2000Claudio M. RadaelliArticle first published online: 17 DEC 200 This article examines public policy in the European Union (EU) by drawing upon the framework of policy transfer, which has been recently refined by comparativists, and the concept of isomorphism developed within organizational theory. Three case studies,namely, the single currency, tax policy and media ownership policy,are discussed and compared with the aim of assessing the potential of isomorphism for the analysis of policy dif-fusion. The author argues that European institutions, which have a serious limitation in terms of legitimacy, stimulate policy transfer by catalyzing isomorphic processes. Policy transfer, however, is constrained when there are no national cases to be imitated. Yet European institutions, most notably the European Commission, can overcome the problem by "inseminating" solutions into national political systems. [source] Legitimacy and the quality of democracyINTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 196 2009Leonardo Morlino This article discusses the connections between legitimacy and the quality of democracy. The multiple dimensions of the quality of democracy are presented and it is shown that legitimacy is at the core of the definition of responsiveness. Citizens' reactions to government policies are analysed. Also stressed are the limits and constraints of considering responsiveness only in relationship to citizens' attitudes towards government and institutions. Other dimensions are taken into account, particularly electoral accountability. [source] Reflections on International Organisations and International Legitimacy: Constraints, Pathologies, and PossibilitiesINTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 170 2001Jean-Marc Coicaud It may appear questionable at first sight to connect international legitimacy and international organisations. However a strong link exists between them. International organisations are the expression, defence, promotion, and projection of a socialised vision of international relations that is key to the claims and gradual implementation of a sense of international legitimacy. As a result, one way to reflect upon global governance , its present situation and what its future is likely to be , is to analyse how international organisations express and contribute to the making of international legitimacy. The paper touches upon three main points. First, it assesses the current legitimacy of international organisations. Second, the paper will examine the contribution of international organisations to international socialisation, which is another word for international or global governance. Thirdly, it attempts to foresee and map some of the key issues around which the future of the international system, international organisations and global governance and the future of their legitimacy will probably revolve. [source] Institutional Stimulation of Deliberative Decision-Making: Division of Labour, Deliberative Legitimacy and Technical Regulation in the European Single MarketJCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 5 2008THOMAS GEHRING Institutions stimulate deliberative decision-making if they hinder stakeholders from introducing bargaining power into the decision process. This article explores the conditions for, and limits of, the creation of deliberative legitimacy in single market regulation. An assessment of the standardization procedure demonstrates that legitimacy arises only from the combination of political and technical deliberation. [source] Debating the Democratic Legitimacy of the EU , Edited by B. Kohler-Koch and B. RittbergerJCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 5 2008THOMAS LARUE No abstract is available for this article. [source] Reassessing Legitimacy in the European UnionJCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 4 2002Andrew Moravcsik Concern about the EU's ,democratic deficit' is misplaced. Judged against existing advanced industrial democracies, rather than an ideal plebiscitary or parliamentary democracy, the EU is legitimate. Its institutions are tightly constrained by constitutional checks and balances: narrow mandates, fiscal limits, super,majoritarian and concurrent voting requirements and separation of powers. The EU's appearance of exceptional insulation reflects the subset of functions it performs , central banking, constitutional adjudication, civil prosecution, economic diplomacy and technical administration. These are matters of low electoral salience commonly delegated in national systems, for normatively justifiable reasons. On balance, the EU redresses rather than creates biases in political representation, deliberation and output. [source] Policy Legitimacy and Institutional Design: Comparative Lessons for theEuropean UnionJCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 1 2000David McKay Research on the democratic deficit in the European Union (EU) tends to focus on general questions of institutional design rather than the link between institutions and specific policy responsibilities. This article argues that, following EMU, a high degree of fiscal centralization is not tenable given theabsence of EU-wide citizen support for a greatly enhanced central role and European political parties operating in a genuine European legislature. Given this, it is appropriate to examine fiscal relations in existing federations to discover which, if any, approximates to the likely post-EMU pattern in the EU. The experience of five federations , Australia, Canada the US, Germany and Switzerland suggests that most can be learnt from the Swiss model which is characterized by a high degree of vertical fiscal autonomy, and state (cantonal) interpenetration of national decision-making. The article concludes that, while Switzerland cannot serve as a model for the EU, the Swiss experience does show that a modern industrial state can successfully operate in the context of a high degree of fiscal decentralization. [source] Legislatures, Legitimacy and Crises: The Relationship Between Representation and Crisis ManagementJOURNAL OF CONTINGENCIES AND CRISIS MANAGEMENT, Issue 1 2010Alastair Stark This article presents a theoretical argument that the study of representation can yield important insights for crisis analysts. The argument is presented through a claim that the representative systems, legislatures and individuals of a state , defined here broadly as ,representative institutions', should be factored into political analyses of crisis management, as they provide a lens for novel explorations of crisis issues. In particular, the use of parliamentary perspectives, and the examination of specific legislature functions during crises, can lead to valuable insights into the legitimacy dynamics that characterize political crisis episodes. [source] Envisioning Power in Mexico: Legitimacy, Crisis, and the Practice of PatrimonyJOURNAL OF HISTORICAL SOCIOLOGY, Issue 1 2003Elizabeth Emma Ferry Yet once he broadened his interests to peasant studies and the history of capitalism, he never returned to make a sustained examination of power in Mexico. This article extends Wolf's insights into an analysis of the current political and economic situation in Mexico. I focus on the practice of categorizing objects as the inalienable property of a given collective, such as a city, region, institution, or nation. These possessions , often referred to as patrimonio (patrimony) , are understood to have been handed down from prior generations and intended to be handed down in turn to future generations. I look at this mode of characterizing property in the areas of subsoil resources, collectively held land, and "cultural properties." [source] Regulating More Effectively: The Relationship between Procedural Justice, Legitimacy, and Tax Non-complianceJOURNAL OF LAW AND SOCIETY, Issue 4 2005Kristina Murphy In recent years, a significant number of middle-income taxpayers have been making use of aggressive tax planning strategies to reduce tax. In many cases, it is unclear whether these are designed and used by taxpayers to minimize tax legally or to avoid tax illegally. Those that are designed to exploit loopholes in tax law need to be dealt with in a way that restores faith and equity to the system. But how can tax authorities best manage taxpayers who may have inadvertently become involved in such illegal tax planning practices? Using longitudinal survey data, it will be shown that attempts to coerce and threaten taxpayers into compliance can undermine the legitimacy of the Tax Office's authority, which in turn can affect taxpayers' subsequent compliance behaviour. Responsive regulation, which is based on principles of procedural justice, will be discussed as an alternative enforcement strategy. [source] Legitimacy and quality of multi-criteria environmental policy analysis: a meta analysis of five MCE studies in NorwayJOURNAL OF MULTI CRITERIA DECISION ANALYSIS, Issue 2 2001Fred Wenstøp Abstract This paper argues for multi-criteria decision analysis (MCDA) as a tool in environmental policy analysis. From an ethical point of view, neither rule-based methods, nor benefit,cost analyses (BCA) are sufficient. Multi-criteria decision analysts need, however, to be concerned about the legitimacy and quality of their applications. Neuro-physiological evidence indicates that a necessary, but not sufficient, criterion for quality is that the decision-makers experience emotions in the valuation process. Without emotions, and in contrast to popular belief, its valuation part is liable to be out of proportion with the range of values held by reasonable selections of the society. This paper proposes criteria for evaluation of legitimacy and quality, reviews five applications in Norway of MCDA for environmental policy, but finds that there is no clear relationship between the legitimacy and quality of the studies and their significance for decision-makers. Copyright © 2001 John Wiley & Sons, Ltd. [source] A New Venture's Cognitive Legitimacy: An Assessment by CustomersJOURNAL OF SMALL BUSINESS MANAGEMENT, Issue 2 2003Dean A. Shepherd Many legitimacy problems associated with new ventures appear to stem from a lack of customers' knowledge and understanding of the new venture. Of particular concern to entrepreneurs is cognitive legitimacy. The findings of this article suggest that customers appear to have a preference for greater rather than lesser information about a new venture's product, organization, and management (holding the content of that information constant). Furthermore, customers appear to use a contingent decision policy. For an independent startup business that is perceived as new on all three dimensions, priority should be given to building customer knowledge in the product, followed by building customer knowledge in the organization. Less attention should be given to building the customer's knowledge in the management team, although such actions still will build cognitive legitimacy. [source] Religion, Identity, and Political Legitimacy: Toward Democratic InclusionJOURNAL OF SOCIAL PHILOSOPHY, Issue 3 2008Richard M. Buck First page of article [source] The Battle over Brown's LegitimacyJOURNAL OF SUPREME COURT HISTORY, Issue 1 2003Jeffrey D. Hockett Constitutional scholars have given few Supreme Court rulings the attention that they have lavished upon the celebrated decision in Brown v. Board of Education. Yet the literature of public law is surprisingly unedifying with regard to the process by which the desegregation decision achieved iconic status in American legal culture. Scholarly inattentiveness to the history of Brown's reputation is startling, given that southern politicians were not the only persons in 1954 to characterize the decision as a manifest instance of judicial legislation. Even persons sympathetic to desegregation conceded that the Justices had circumvented traditional legal constraints in rendering Brown. In the years immediately following the ruling, some scholars appealed to the notion of a "living Constitution" to defend Brown against charges that it conflicted with the original understanding of the Fourteenth Amendment and with the "separate but equal" doctrine that the Court had established in Plessy v. Ferguson. But critics, some of whom even accepted the concept of the "living Constitution," also challenged the Court's reading of social fact,that is, its claims regarding the inherent inequality of segregated schools,which supposedly justified judicial recognition of a right that conflicted with precedent and with the intentions of the Framers of the Equal Protection Clause. [source] Self-Restraint in Search of Legitimacy: The Reform of the Argentine Supreme CourtLATIN AMERICAN POLITICS AND SOCIETY, Issue 3 2009Alba M. Ruibal ABSTRACT In 2003, the Argentine executive promoted a process of Supreme Court reform that entailed limiting presidential attributions in the selection of justices. Then the renewed court implemented changes to its internal procedures that increased its own accountability mechanisms. The literature on the politics of institutional judicial independence in Latin America has developed two explanatory models: one presents reforms as an insurance policy, the other as a consequence of divided government. Both perspectives conceive of reforms as a result of political competition and as a way to limit other actors, the future government in the first case, the party in power in the second. This study, by contrast, explains the Argentine reforms as movements of strategic self-restriction, designed to build legitimacy and credibility, for the government and the court, respectively, in a context of social and institutional crisis and pressure from civil society. [source] Fairness, Justice, and Legitimacy: Experiences of People's Judges in South RussiaLAW & POLICY, Issue 2 2003Stefan Machura Which criteria do Russians use to evaluate the fairness of their judges, and how does perceived fairness of actual trials influence general beliefs about Russian courts? Lay assessors at courts in South Russia were asked about their experience serving on mixed courts. The justice of the verdicts rendered and the fairness of judges partly explain the respondents' view of national courts. According to the results, the respondents are also using similar criteria for fairness as Americans or Germans. The social and psychological group effects in a Russian court of lay assessors exhibit a striking similarity to other Western tribunals. [source] The Role of Procedural Justice and Legitimacy in Shaping Public Support for PolicingLAW & SOCIETY REVIEW, Issue 3 2003Jason Sunshine This study explores two issues about police legitimacy. The first issue is the relative importance of police legitimacy in shaping public support of the police and policing activities, compared to the importance of instrumental judgments about (1) the risk that people will be caught and sanctioned for wrongdoing, (2) the performance of the police in fighting crime, and/or (3) the fairness of the distribution of police services. Three aspects of public support for the police are examined: public compliance with the law, public cooperation with the police, and public willingness to support policies that empower the police. The second issue is which judgments about police activity determine people's views about the legitimacy of the police. This study compares the influence of people's judgments about the procedural justice of the manner in which the police exercise their authority to the influence of three instrumental judgments: risk, performance, and distributive fairness. Findings of two surveys of New Yorkers show that, first, legitimacy has a strong influence on the public's reactions to the police, and second, the key antecedent of legitimacy is the fairness of the procedures used by the police. This model applies to both white and minority group residents. [source] Religious Democracy and the Liberal Principle of LegitimacyPHILOSOPHY AND PUBLIC AFFAIRS, Issue 2 2009BULEA MAY, SIMON C First page of article [source] | |||||||||||||||||||||||||||||||||||||||||||