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Legitimate
Terms modified by Legitimate Selected AbstractsHow Legitimate is the Open Method of Co-ordination?,JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 4 2008MILENA BÜCHS This article argues that the OMC's legitimacy can be improved only by strengthening parliamentary channels of input-legitimacy since output-legitimacy alone is inappropriate and cannot be achieved without input-legitimacy. In addition, concepts and practices of direct ,stakeholder' participation currently applied within the OMC are insufficient in strengthening input-legitimacy. [source] Elemental Analysis of Human Cremains Using ICP-OES to Classify Legitimate and Contaminated Cremains,JOURNAL OF FORENSIC SCIENCES, Issue 5 2006Timothy R. Brooks ABSTRACT: The Tri-State Crematory Incident in Nobel, GA (February 2001) revealed limitations in traditional human cremated remains (cremains) analytical methodology. The goal of this study was to develop a method for effectively classifying questionable sets of cremains as legitimate or contaminated. Eighty-eight samples of known human cremains, concrete, mixtures of the two, and questionable sets of cremains were acid digested and analyzed for 21 elements by Inductively Coupled Plasma-Optical Emission Spectroscopy (ICP-OES). Variable cluster and principle component analyses identified the seven elements (Sb, B, Li, Mn, Sr, Tl, and V) used to develop discriminant functions to classify questionable sets into two groups: cremains and concrete. The discriminant analysis shows that at the 0.90 probability level, mixtures of 50% or less human content were classified as concrete. Mixtures with 90% human content classified as cremains. Sixty percent and 75% human content mixtures remained in the questionable classification, but as the concentration of human increased in the mixture, the probability of assignment to the known cremains group increased. Most of the questionable human samples classified as cremains. This is a pilot study and cannot yet satisfy Daubert standards for courtroom admissibility, but it indicates that it is possible to determine the legitimacy of cremains using elemental analysis by ICP-OES coupled with multivariate statistical analysis. [source] Generality, Efficiency, and Neutrality: Must Laws be General to be Legitimate?PACIFIC PHILOSOPHICAL QUARTERLY, Issue 1 2001Zev Trachtenberg First page of article [source] What Happens to the State in Conflict?: Political Analysis as a Tool for Planning Humanitarian AssistanceDISASTERS, Issue 4 2000Lionel Cliffe It is now part of received wisdom that humanitarian assistance in conflict and post-conflict situations may be ineffective or even counterproductive in the absence of an informed understanding of the broader political context in which so-called ,complex political emergencies' (CPEs) occur. Though recognising that specific cases have to be understood in their own terms, this article offers a framework for incorporating political analysis in policy design. It is based on a programme of research on a number of countries in Africa and Asia over the last four years. It argues that the starting-point should be an analysis of crises of authority within contemporary nation-states which convert conflict (a feature of all political systems) into violent conflict; of how such conflict may in turn generate more problems for, or even destroy, the state; of the deep-rooted political, institutional and developmental legacies of political violence; and of the difficulties that complicate the restoration of legitimate and effective systems of governance after the ,termination' of conflict. It then lists a series of questions which such an analysis would need to ask , less in order to provide a comprehensive check-list than to uncover underlying political processes and links. It is hoped these may be used not only to understand the political dynamics of emergencies, but also to identify what kinds of policy action should and should not be given priority by practitioners. [source] Does amplitude scaling of ground motion records result in biased nonlinear structural drift responses?EARTHQUAKE ENGINEERING AND STRUCTURAL DYNAMICS, Issue 13 2007Nicolas Luco Abstract Limitations of the existing earthquake ground motion database lead to scaling of records to obtain seismograms consistent with a ground motion target for structural design and evaluation. In the engineering seismology community, acceptable limits for ,legitimate' scaling vary from one (no scaling allowed) to 10 or more. The concerns expressed by detractors of scaling are mostly based on the knowledge of, for example, differences in ground motion characteristics for different earthquake magnitude,distance (Mw,Rclose) scenarios, and much less on their effects on structures. At the other end of the spectrum, proponents have demonstrated that scaling is not only legitimate but also useful for assessing structural response statistics for Mw,Rclose scenarios. Their studies, however, have not investigated more recent purposes of scaling and have not always drawn conclusions for a wide spectrum of structural vibration periods and strengths. This article investigates whether scaling of records randomly selected from an Mw,Rclose bin (or range) to a target fundamental-mode spectral acceleration (Sa) level introduces bias in the expected nonlinear structural drift response of both single-degree-of-freedom oscillators and one multi-degree-of-freedom building. The bias is quantified relative to unscaled records from the target Mw,Rclose bin that are ,naturally' at the target Sa level. We consider scaling of records from the target Mw,Rclose bin and from other Mw,Rclose bins. The results demonstrate that scaling can indeed introduce a bias that, for the most part, can be explained by differences between the elastic response spectra of the scaled versus unscaled records. Copyright © 2007 John Wiley & Sons, Ltd. [source] What it Means to be a Stranger to OneselfEDUCATIONAL PHILOSOPHY AND THEORY, Issue 5 2009Olli-Pekka Moisio Abstract In adult education there is always a problem of prefabricated and in many respect fixed opinions and views of the world. In this sense, I will argue, that the starting point of radical education should be in the destruction of these walls of belief that people build around themselves in order to feel safe. In this connection I will talk about ,gentle shattering of identities' as a problem and a method of radical education. When we as adult educators are trying to gently shatter these solidified identities and pre-packed ways of being and acting in the world, we are moving in the field of questions that Sigmund Freud tackled with the concepts of ,de-personalization' and ,de-realization'. These concepts raise the question about the possibility of at the same time believing that something is and at the same time having a fundamentally sceptical attitude towards this given. In my article I will ask, can we integrate the idea of learning in general with the idea of strangeness to oneself as a legitimate and sensible experiential point of departure for radical learning? [source] Is there anything like a citizen?ENVIRONMENTAL POLICY AND GOVERNANCE, Issue 1 2010A descriptive analysis of instituting a citizen's role to represent social values at the municipal level Abstract Environmental policy-making can be challenging because of lobbying by strong private interests. This results in less consideration about what is best for the wider community. The main goal of this study is to evaluate to what extent it is possible to institutionalize a citizen's role in decision-support processes. While the literature makes a clear distinction between private and social values, very little research is undertaken on how the framing of the instituted process influences which types of value become legitimate. Two deliberative meetings with local inhabitants were conducted in a municipality in Norway focusing on land use policy in coastal areas. The meetings were framed to facilitate dialogue and to emphasize the most important values to protect, given the interests of the wider municipality in the longer run. A large majority of the participants found the framing appropriate. Analyses of the dialogues, letters written by participants before the meetings and individual interviews undertaken afterwards document that the format of the meetings influenced strongly which arguments were found legitimate. The setting favoured the identification and specification of social values for inhabitants of the involved municipality such as public accessibility in conserved nature areas along the coast. The data moreover give insights about how the framing influenced the process. Arguments in favour of private construction interests were present, but were found to be weak in legitimacy. The framing might, however, also have influenced which social values were emphasized the most strongly. Copyright © 2009 John Wiley & Sons, Ltd and ERP Environment. [source] Why the democratic nation-state is still legitimate: A study of media discoursesEUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 4 2009ACHIM HURRELMANN Focusing on media discourses, this article maps the communicative reproduction of legitimacy in Great Britain, the United States, Germany and Switzerland. It argues that political communication constitutes a distinctive dimension of legitimation that should be studied alongside public opinion and political behaviour. Research on legitimation discourses can help us understand why the legitimacy of established democracies remains stable in spite of the challenges of globalisation: Delegitimating communication tends to focus on relatively marginal political institutions, while the core regime principles of the democratic nation-state, which are deeply entrenched in the political cultures of Western countries, serve as anchors of legitimacy. These democratic principles also shape the normative benchmarks used to evaluate legitimacy, thus preventing a ,de-democratisation' of legitimation discourses. Finally, the short-lived nature of media interest as well as ritualistic legitimation practices shield the democratic nation-state from many potentially serious threats to its legitimacy. [source] Social inequality and the reduction of ideological dissonance on behalf of the system: evidence of enhanced system justification among the disadvantagedEUROPEAN JOURNAL OF SOCIAL PSYCHOLOGY, Issue 1 2003John T. Jost According to system justification theory, people are motivated to preserve the belief that existing social arrangements are fair, legitimate, justifiable, and necessary. The strongest form of this hypothesis, which draws on the logic of cognitive dissonance theory, holds that people who are most disadvantaged by the status quo would have the greatest psychological need to reduce ideological dissonance and would therefore be most likely to support, defend, and justify existing social systems, authorities, and outcomes. Variations on this hypothesis were tested in five US national survey studies. We found that (a) low-income respondents and African Americans were more likely than others to support limitations on the rights of citizens and media representatives to criticize the government; (b) low-income Latinos were more likely to trust in US government officials and to believe that ,the government is run for the benefit of all' than were high-income Latinos; (c) low-income respondents were more likely than high-income respondents to believe that large differences in pay are necessary to foster motivation and effort; (d) Southerners in the USA were more likely to endorse meritocratic belief systems than were Northerners and poor and Southern African Americans were more likely to subscribe to meritocratic ideologies than were African Americans who were more affluent and from the North; (e) low-income respondents and African Americans were more likely than others to believe that economic inequality is legitimate and necessary; and (f) stronger endorsement of meritocratic ideology was associated with greater satisfaction with one's own economic situation. Taken together, these findings are consistent with the dissonance-based argument that people who suffer the most from a given state of affairs are paradoxically the least likely to question, challenge, reject, or change it. Implications for theories of system justification, cognitive dissonance, and social change are also discussed. Copyright © 2002 John Wiley & Sons, Ltd. [source] Perceived legitimacy of intergroup status differences: its prediction by relative ingroup prototypicalityEUROPEAN JOURNAL OF SOCIAL PSYCHOLOGY, Issue 4 2002Ulrike Weber Research demonstrates that the perceived legitimacy of intergroup status differences has profound effects on intergroup attitudes, emotions and behavior. However, there has only been little intergroup research that predicts the perception of legitimacy. We hypothesize that the perception of legitimate or illegitime status relations depends upon the perceived relative prototypicality of the ingroup for the inclusive category. Since the prototype of the inclusive category provides a normative comparison standard for subgroup evaluation, similarity to this standard (i.e. prototypicality) should be positively evaluated and used to justify high status. A first study in a natural intergroup context (N,=,67) offered correlational data in support of the predicted relationship. The second study (N,=,60), using Germans as ingroup with Poles as outgroup and Europe as inclusive category, demonstrated that the link between prototypicality and legitimacy is contingent upon the valence of the inclusive category. In order to elucidate the causal direction, the third study manipulated relative prototypicality in an artificial intergroup context (N,=,94) and introduced status as a moderator variable. Overall, we found strong support for the hypothesis that legitimacy is related to prototypicality and that this relation is moderated by ingroup status and valence of the inclusive category. Copyright © 2002 John Wiley & Sons, Ltd. [source] Accounting for Infrastructure Service Delivery by Government: Generational IssuesFINANCIAL ACCOUNTABILITY & MANAGEMENT, Issue 3 2000Michael McCrae Infrastructure service provision by government creates huge distributional issues about service availability and performance over time and the relative funding burdens borne by successive generations of consumers across time. But providing financial disclosure on these issues through inter-generational accounting pre-supposes that accounting measurement is both generationally neutral (temporal neutrality) and does not legitimate any particular pattern of distribution. At the very least, accounting measurements of service provision costs should possess the attribute of distributional fairness. They should not bias the inter-generational allocation of cost or funding burdens. We argue that the forced application of inappropriate commercial accounting concepts of asset valuation, depreciation and capital maintenance does produce significant generational bias. More flexibility is required to produce the necessary accounting measurement attributes for financial disclosure on whether government has discharged its continuing accountability for inter-generational equity in burden sharing. We discuss three conceptual issues and illustrate the need for flexibility by proposing an alternative ,flow of obligations' approach which does not require reference to valuations of community service resources or arbitrary cost allocations under depreciation. [source] Nutrient cycling efficiency explains the long-term effect of ecosystem engineers on primary productionFUNCTIONAL ECOLOGY, Issue 1 2007SÉBASTIEN BAROT Summary 1Soil organisms, such as earthworms, accelerate mineralization of soil organic matter and are thought to be beneficial for plant growth. This has been shown in short-term microcosm experiments. It is thus legitimate to ask whether these increases in plant growth are due to brief pulses of mineralization or whether these increases are long-lasting. 2This question was addressed using a system of differential equations modelling the effects of decomposers on nutrient cycling via trophic (nutrient assimilation) and nontrophic effects (through their ecosystem engineering activities). 3The analytical study of this model showed that these processes increase primary production in the long term when they recycle nutrients efficiently, allowing a small fraction of the recycled nutrients to be leached out of the ecosystem. 4Mineralization by the ecosystem engineering activities of decomposers seems to deprive them of a resource. However, it was shown that a decomposer may increase its own biomass, through its ecosystem engineering activities, provided the created recycling loop is efficient enough. 5Mechanisms through which earthworms may modify the efficiency of nutrient cycling are discussed. The necessity of measuring the effect of earthworms on the nutrient input,output balance of ecosystems under field conditions is emphasized. [source] Professionals of Geopolitics: Agency in International PoliticsGEOGRAPHY COMPASS (ELECTRONIC), Issue 6 2008Merje Kuus This article highlights the key role of intellectuals of statecraft , the politicians, academics, consultants, and pundits who regularly participate in and comment on the practice of international affairs , in the practice of geopolitics. These professionals command the institutional and cultural resources required to project particular geopolitical arguments as informed and authoritative. We, therefore, need to carefully unpack the ways in which they influence world politics. To focus on intellectuals of statecraft is not to assign superior or authentic knowledge to them or to needlessly glamorize the high places they inhabit. It is rather to analyse the practices that function as expert and legitimate in public debates. To this end, we need to examine not only what intellectuals of statecraft do or say, but also the institutional and cultural resources that they deploy in their daily practices. The article suggests some strategies for how such contextually rich accounts could be produced. [source] NGOs' transnational advocacy networks: from ,legitimacy' to ,political responsibility'?GLOBAL NETWORKS, Issue 4 2001Alan Hudson NGOs that operate as part of transnational advocacy networks face a number of ,legitimacy challenges' concerning their rights to participate in the shaping of global governance. Outlining the legitimacy claims that development NGOs make, the article argues that ,legitimacy' is a socially constructed quality that may be ascribed to an NGO by actors and stakeholders with different viewpoints. NGOs operating transnationally link disparate communities and conceptions of legitimacy, and undermine the discourse and practice of sovereignty. Therefore such NGOs will find it difficult to be universally regarded as legitimate, especially by states that hold a sovereignty-based conception of legitimacy. However, relationships are the building blocks of networks, and efforts to improve them should not be abandoned simply because ,legitimacy' is too closely connected with sovereignty. In particular, NGOs ought to improve their relationships with the poor and marginalized communities whose interests they claim to promote. To this end, the concept of ,political responsibility' is suggested as a pragmatic approach to understanding power relations as they arise in transnational advocacy networks and campaigns. [source] Tudor dynastic problems revisited*HISTORICAL RESEARCH, Issue 212 2008E. W. Ives This article reassesses Henry VIII's succession acts. It argues that the first was primarily concerned with the breach with Rome, but that the second and third revolutionized succession law. Parliament accepted Henry's right to limit the succession to legitimate ,heirs of his body', so excluding collaterals, and to designate in their place whoever he wished to succeed. This allowed him to deny the crown to Mary and Elizabeth because of illegitimacy, but enabled them to succeed as his nominees. The original legislation shows an awareness of the contradiction in this. The consequent difficulty in reconciling common law and statute was at the heart of the 1553 crisis, the claims of both Mary and Elizabeth and the ongoing Elizabethan succession debate. The accession of James I punctured Henry's scheming and marked a return to common law rules. [source] History, Memory, and the Law: The Historian as Expert WitnessHISTORY AND THEORY, Issue 3 2002Richard J. Evans There has been a widespread recovery of public memory of the events of the Second World War since the end of the 1980s, with war crimes trials, restitution actions, monuments and memorials to the victims of Nazism appearing in many countries. This has inevitably involved historians being called upon to act as expert witnesses in legal actions, yet there has been little discussion of the problems that this poses for them. The French historian Henry Rousso has argued that this confuses memory with history. In the aftermath of the Second World War, judicial investigations unearthed a mass of historical documentation. Historians used this, and further researches, from the 1960s onwards to develop their own ideas and interpretations. But since the early 1990s there has been a judicialization of history, in which historians and their work have been forced into the service of moral and legal forms of judgment which are alien to the historical enterprise and do violence to the subleties and nuances of the historian's search for truth. This reflects Rousso's perhaps rather simplistically scientistic view of the historian's enterprise; yet his arguments are powerful and should be taken seriously by any historian considering involvement in a law case; they also have a wider implication for the moralization of the history of the Second World War, which is now dominated by categories such as "perpetrator,""victim," and "bystander" that are legal rather than historical in origin. The article concludes by suggesting that while historians who testify in war crimes trials should confine themselves to elucidating the historical context, and not become involved in judging whether an individual was guilty or otherwise of a crime, it remains legitimate to offer expert opinion, as the author of the article has done, in a legal action that turns on the research and writing of history itself. [source] Uses of Value Judgments in Science: A General Argument, with Lessons from a Case Study of Feminist Research on DivorceHYPATIA, Issue 1 2004ELIZABETH ANDERSON The underdetermination argument establishes that scientists may use political values to guide inquiry, without providing criteria for distinguishing legitimate from illegitimate guidance. This paper supplies such criteria. Analysis of the confused arguments against value-laden science reveals the fundamental criterion of illegitimate guidance: when value judgments operate to drive inquiry to a predetermined conclusion. A case study of feminist research on divorce reveals numerous legitimate ways that values can guide science without violating this standard. [source] Intelligence bound: the South African constitution and intelligence servicesINTERNATIONAL AFFAIRS, Issue 1 2010LAURIE NATHAN This article explores the functions and impact of the South African constitution in relation to the country's intelligence services. The constitution has proved to be a powerful instrument for transforming, controlling and constraining the services, safeguarding human rights and contributing to the management of political conflicts and crises. Yet the constitution's relevance for the intelligence community is also contested and contradictory. Paradoxically, the executive, parliament and the intelligence services believe that it is legitimate for the services to deviate from constitutional provisions because their mandate to identify and counter threats to national security is intended to protect the constitution. The article contributes to filling a gap in the literature on security sector reform, which is concerned with democratic governance but ignores the role of a constitution in regulating the security organizations and determining the nature of their governance arrangements. Intelligence agencies around the world have special powers that permit them to operate with a high level of secrecy and acquire confidential information through the use of intrusive measures. Politicians and intelligence officers can abuse these powers to manipulate the political process, infringe the rights of citizens and subvert democracy. While a constitution cannot eliminate these risks, it can establish an overarching vision, a set of principles and rules and a range of mechanisms for promoting intelligence transformation and adherence to democratic norms. [source] Evaluating qualitative management research: Towards a contingent criteriologyINTERNATIONAL JOURNAL OF MANAGEMENT REVIEWS, Issue 3 2006Phil Johnson The term qualitative management research embraces an array of non-statistical research practices. Here it is argued that this diversity is an outcome of competing philosophical assumptions which produce distinctive research perspectives and legitimate the appropriation of different sets of evaluation criteria. Some confusion can arise when evaluation criteria constituted by particular philosophical conventions are universally applied to this heterogeneous management field. In order to avoid such misappropriation, this paper presents a first step towards a contingent criteriology located in a metatheoretical analysis of three modes of qualitative management research which are compared with the positivist mainstream to elaborate different forms of evaluation. It is argued that once armed with criteria that vary accordingly, evaluation can reflexively focus upon the extent to which any management research consistently embraces the particular methodological principles that are sanctioned by its a priori philosophical commitments. [source] On the Cypriot States of ExceptionINTERNATIONAL POLITICAL SOCIOLOGY, Issue 2 2008Costas M. Constantinou This article explores the politics of exceptionality in Cyprus. It focuses on the postcolonial constriction of Cypriot statehood,the framing of the sovereign itself as an exception,and how the emerging discourse of exceptionality unfolded a spiral of states of exception on the ground. Looking in and across a variety of Cypriot sites and regimes (north, south, sovereign base areas and buffer zone) the article examines what claims of exceptionality legitimate in political and everyday life as well as their ironic and paradoxical effects. Finally, it looks at how the Cyprus case informs debates on current theorizations of exceptionalism. [source] Arms Transfers beyond the State-to-State RealmINTERNATIONAL STUDIES PERSPECTIVES, Issue 2 2009Denise Garcia Arms transfers beyond the state-to-state realm can have harmful effects for international security dramatically affecting the relations and behavior of states. This article examines why an emerging international norm on "prohibiting states to transfer arms to nonstate groups" has failed to diffuse at the international level. It discusses the already available international law framework existing at the regional and international levels upon which the potential norm could be built. The failure of the norm to diffuse at the international level can be primarily explained by the existence of a long-consolidated norm: the customary practice of states to transfer weapons to nonstate actors, that is, groups they deem legitimate to, without any interference or constraint.1 The unrestrained transfer of weapons is an established foreign-policy practice. It is the way states form, uphold alliances, extend friendships, and build spheres of influence (Sorokin 1994). Clearly, no state willingly wants to give this up. Therefore, the multilateral agreement on a norm barring most or all transfers of weapons to nonstate actors would curtail the freedom of action to build spheres of influence as states please. There are genuine ethical and moral dilemmas in this discussion, a nonstate actor may be a freedom fighter or a terrorist depending on different perspectives. The distinction between the categories "state" and "nonstate" actors may risk classifying actors in two camps: the good and the bad, respectively. This is problematic as a few states are known to be the most brutal perpetrators of egregious violations against their own citizens, whereas certain nonstate actors are legitimately fighting for the protection of vulnerable populations. [source] Marking a Weberian Moment: Our Discipline Looks AheadINTERNATIONAL STUDIES PERSPECTIVES, Issue 2 2000Donald J. Puchala That the discipline of International Relations is again in disarray was the prevailing theme of a seminar titled Visions of International Relations, held at the University of South Carolina in autumn 1998. This essay is at once a reflection on the discussions that took place at the seminar and a representation of views that I offered as a participant. It comments on the epistemological issues in contention in the "third great debate" in International Relations, and it raises questions about the place and legitimacy of humanistic approaches to the study of relations among states and peoples. By my reckoning, International Relations is a full-fledged, full-blown, autonomous, legitimate and accomplished academic discipline, and ought not to be thought of as a subfield of political science or of any other of the socialsciences. [source] Sovereignty in the Balance: Claims and Bargains at the UN Conferences on the Environment, Human Rights, and WomenINTERNATIONAL STUDIES QUARTERLY, Issue 4 2000Kathryn Hochstetler States vary the content and subject matter of their claims to sovereignty. In an analysis of when states invoked sovereignty at recent UN World Conferences on the environment (1992), human rights (1993), and women (1995), the authors revise and extend Litfin's (1997) notion of bargains among components of sovereignty. At the conferences, states invoked sovereignty in debates over cultural and religious values, economics, and increased international accountability. The authors interpret the debates based on how four elements of sovereignty,autonomy, control, and legitimacy in the eyes of other states and nonstate actors,are traded by states through implicit or explicit bargaining. They identify patterns that vary by issue area. The authors argue that nongovernmental organizations as well as other states may legitimate or delegitimate states' sovereign claims. They find that countries of the global South made more sovereignty claims of all kinds than Northern states. And, sovereignty bargains may be struck more easily over power and economics than social values. [source] Unipolarity, Globalization, and the War on Terror: Why Security Studies Should Refocus on Comparative Defense,INTERNATIONAL STUDIES REVIEW, Issue 3 2007Damon Coletta Changes in the international environment such as the shift toward unipolarity, the rise of globalization, and the expansion of terrorist networks have redefined the sorts of problems confronted by policymakers and military practitioners in the arena of national security. With most of its fundamental concepts and frameworks rooted in the study of international relations (IR), the field of security studies has failed to keep up. Highly educated soldiers and diplomats sent to help rebuild failed or fragmented states are still poorly equipped to identify major obstacles or formulate solutions for accomplishing their missions. The safety of states and societies today depends less exclusively on blocking the military, economic, and ideological initiatives of a foreign power and more on supporting the integrity of members that can participate in an international system regulated by generally agreed-upon rules and conventions. The need to help various types of states under a variety of cultural and economic conditions build legitimate, durable political institutions and functioning societies should push security studies toward a broader examination of comparative politics. Beyond the balance of power and modalities of interstate competition, the new security studies should embrace fundamentals found outside of IR to make more robust intellectual contributions to the examination of comparative defense. [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] Luck, Evidence and WarJOURNAL OF APPLIED PHILOSOPHY, Issue 3 2006ROB LAWLOR abstract We seem to have conflicting intuitions regarding luck and war, and we seem to be faced with a dilemma. Either, we deny that a war can be made just or unjust as a result of luck, and we accept that we should not appeal to the outcome when claiming that the war was or was not justified. Or, alternatively, we allow that it is legitimate to base our judgements on the outcome, but as a result we must accept that luck can make a war just or unjust. Traditionally, these have been taken to be the two forks of the dilemma, but, in this paper, I argue that they are not the only options. Rather, we can appeal to the outcome of our actions without claiming that this is, in anyway, an appeal to moral luck. Rather, the outcome provides us with evidence. [source] Cultural Property, Restitution and ValueJOURNAL OF APPLIED PHILOSOPHY, Issue 3 2003Janna Thompson abstract,Demands for restitution of cultural artefacts and relics raise four main issues: 1) how claims to cultural property can be justified; 2) whether and under what conditions demands for restitution of cultural property are valid , especially when they are made long after the artefacts were taken away; 3) whether there are values, aesthetic, scholarly and educational, which can override restitution claims, even when these claims are legitimate; and 4) how these values bear on the question of whether artefacts should be returned to their place of origin. I argue that a proper conception of cultural property emphasises the role that artefacts play in the practices and traditions of a collectivity. On the basis of this conception, some restitution claims can be defended as legitimate. However, many demands for restitution are not justified (including the Greek claim to the Parthenon Marbles). Moreover, a case for restitution can be more or less strong, and other considerations sometimes prevail over rights of cultural property. [source] In Defence of Entrapment in Journalism (and Beyond)JOURNAL OF APPLIED PHILOSOPHY, Issue 2 2002Neil Levy The use of ,proactive' methods of newsgathering in journalism is very frequently condemned, from within and without the media. I argue that such condemnation is too hasty. In the first half of the paper, I develop a test which distinguishes between legitimate and illegitimate uses of proactive methods by law enforcement agencies. This test combines the virtues of the standard objective and subjective tests usually used, while avoiding the defects of both. I argue that when proactive methods pass this test, they are always legitimate; but that in addition they are sometimes mandatory. In the second half, I apply this test to journalism. I show that actual uses of proactive methods by journalists pass the test, and are therefore (at least) permissible. There are other ethical considerations which are relevant to the use of such techniques by journalists, which ought to be taken into account before it is decided to employ such methods, but I show that they are rarely of sufficient weight to render proactive newsgathering impermissible. [source] Protecting the Nation: Nationalist rhetoric on asylum seekers and the TampaJOURNAL OF COMMUNITY & APPLIED SOCIAL PSYCHOLOGY, Issue 6 2008Kieran O'Doherty Abstract This paper analyses texts from the Australian print media that invoke nationalist discourse in the so-called ,Tampa crisis' of 2001, which involved the boarding by Australian military troops of a civilian Norwegian shipping vessel (the Tampa) that had rescued a group of asylum seekers. In particular, we are interested in how military action was justified in public discourse against a group of civilians through the use of arguments relying in some form or another on the notion of nationhood and national identity. We employ a critical discursive methodology to investigate how some of these descriptions worked to legitimate the Australian government's role in these events and demonstrate some of the mechanisms by which discourses of nation can operate in the marginalization of asylum seekers. We conclude that presenting issues relating to asylum seekers and the Tampa at a level of national identity was critical in justifying the Australian government's stance and actions. We also raise some concerns about the consequences that may follow from the Australian government's actions and reliance on nationalist rhetoric. Copyright © 2008 John Wiley & Sons, Ltd. [source] Elemental Analysis of Human Cremains Using ICP-OES to Classify Legitimate and Contaminated Cremains,JOURNAL OF FORENSIC SCIENCES, Issue 5 2006Timothy R. Brooks ABSTRACT: The Tri-State Crematory Incident in Nobel, GA (February 2001) revealed limitations in traditional human cremated remains (cremains) analytical methodology. The goal of this study was to develop a method for effectively classifying questionable sets of cremains as legitimate or contaminated. Eighty-eight samples of known human cremains, concrete, mixtures of the two, and questionable sets of cremains were acid digested and analyzed for 21 elements by Inductively Coupled Plasma-Optical Emission Spectroscopy (ICP-OES). Variable cluster and principle component analyses identified the seven elements (Sb, B, Li, Mn, Sr, Tl, and V) used to develop discriminant functions to classify questionable sets into two groups: cremains and concrete. The discriminant analysis shows that at the 0.90 probability level, mixtures of 50% or less human content were classified as concrete. Mixtures with 90% human content classified as cremains. Sixty percent and 75% human content mixtures remained in the questionable classification, but as the concentration of human increased in the mixture, the probability of assignment to the known cremains group increased. Most of the questionable human samples classified as cremains. This is a pilot study and cannot yet satisfy Daubert standards for courtroom admissibility, but it indicates that it is possible to determine the legitimacy of cremains using elemental analysis by ICP-OES coupled with multivariate statistical analysis. [source] | |||||||||||||||||||||||||||||||||||||||||||||||||