Download or read book Legitimacy Illegitimacy and the Right to Rule written by Gordon K. Oeste and published by Bloomsbury Publishing USA. This book was released on 2012-02-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the portrayal of the rise, reign, and demise of Abimelech in Judges 9 and asks about whose interests this portrayal may have served. The negative depiction of Abimelech's kingship in this chapter, coupled with Gideon's rejection of kingship in Judges 8:22-23, has led interpreters to view the passage as anti-monarchic. This perspective clashes with the pro-monarchic stance of Judges 17-21. However, while the portrayal of Abimelech's kingship is negative, it may yet have served as a legitimation strategy for the monarchy. In support, this study examines Judges 9 through three methodological lenses: a narrative analysis, a rhetorical analysis and a social scientific analysis. In addition, anthropological data on early and developing states shows that such states attempt to prevent fissioning (the tendency inherent within political systems to break up and form other similar units) by subverting local leaders, groups, and institutions, and so legitimate the centralization of power. When read in this light, Judges 9 supports monarchic interests by seeking to subvert localized rule and alliances in favor of a centralized polity.
Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Download or read book Illegitimacy written by Jenny Teichman and published by . This book was released on 1982 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legitimacy of International Human Rights Regimes written by Andreas Føllesdal and published by Cambridge University Press. This book was released on 2013-10-24 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
Download or read book The Philosophy of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2010-04 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
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
Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Download or read book Justification and Legitimacy written by A. John Simmons and published by Cambridge University Press. This book was released on 2001 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains essays by A. John Simmons, perhaps the most innovative and creative of today's political philosophers.
Download or read book State Formation and Political Legitimacy written by Ronald Cohen and published by Transaction Publishers. This book was released on with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The evolution of the state from earlier forms of political organization is associated with revolutionary changes in the structure of inequality. These magnify distinctions in rank and power that outweigh anything previously known in so-called primitive societies. This volume explains how and why people came to accept and even identify themselves with this new form of authority. The introduction provides a new theory of legitimacy by synthesizing and uniting earlier theories from psychological, cultural-materialist, rational choice, and Marxist approaches. The case studies which follow present a wide range of materials on cultures in both Western and non-Western settings, and across a number of different historical periods. Included are examples from Africa, Asia, Europe, and the New World. Older states such as Ur, Inca, and medieval France are examined along with more contemporary states including Indonesia, Tanzania, and the revolutionary beginnings of the United States. Using a variety of approaches the contributors show in each instance how the state obtained and used its power, then attempted to have its power accepted as the natural order under the protection of supra-naturally ordained authority. No matter how tyrannical or benign, the cases show that state power must be justified by faith and experience that demonstrates its value to the participants. Through such analysis, the book demonstrates that states must be capable of enforcing their rule, but that they cannot deceive populations into accepting state domination. Indeed, the book suggests that social evolution moves toward less coercive rule and increased democratization. Ronald Cohen is a political anthropologist who has taught at the Universities of Toronto, McGill, Northwestern, and Ahmadu Bello, and is on the faculty of the University of Florida. He has carried out field research in Africa, the Arctic and Washington. His major works include The Kanuri of Borno, Dominance and Defiance, Origins of the State, and a book in preparation on food policy and agricultural transformation in Africa. Judith D. Toland is a lecturer at University College, Northwestern University, and the College of Arts and Sciences, Loyola University of Chicago. She is the director of her own corporate and non-profit consulting firm. She has done fieldwork in Ayacucho, Peru and has written widely on the Inca State.
Download or read book Rethinking Sovereign Debt written by Odette Lienau and published by Harvard University Press. This book was released on 2014-02-18 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.
Download or read book The Psychology of Justice and Legitimacy written by D. Ramona Bobocel and published by Taylor & Francis. This book was released on 2011-02-25 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to the international turmoil, violence, and increasing ideological polarization, social psychological interest in the topics of legitimacy and social justice has blossomed considerably. This integrative volume illustrates the diversity and richness of research in the field, explaining how and why people make sense of injustice at all levels of analysis.
Download or read book The Right to Rule written by Bruce Gilley and published by Columbia University Press. This book was released on 2009-03-03 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular perceptions of a state's legitimacy are inextricably bound to its ability to rule. Vast military and material reserves cannot counter the power of a citizen's belief, and the more widespread the crisis of a state's legitimacy, the greater the threat to its stability. Even such established democracies as France and India are losing their moral claims over society, while such highly illiberal states as China and Iran enjoy strong showings of public support. Through a remarkable fusion of empirical research and theory, Bruce Gilley makes clear the link between political consent and political rule. Fixing a definition of legitimacy that is both general and particular, he is able to study the role of legitimacy as it has been maintained and lost in a diverse selection of societies. He begins by detailing the origins of state legitimacy and the methods governments have used to wield it best. He then considers the habits of less successful states, exploring how the process works across different styles of government. Gilley's unique approach merges a broad study of legitimacy and performance in seventy-two states with a detailed empirical analysis of the mechanisms of legitimation. The results are tested on a case study of Uganda, a country that, after 1986, began to recover from decades of civil war. Considering a range of explanations of other domestic and international phenomena as well, Gilley ultimately argues that, because of its evident real-world importance, legitimacy should occupy a central place in political analysis.
Download or read book Why Children Follow Rules written by Tom R. Tyler and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.
Download or read book The Heart of Human Rights written by Allen Buchanan and published by Oxford University Press. This book was released on 2013-10-23 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.
Download or read book Law and Legitimacy written by Per Andersen and published by Djoef Publishing. This book was released on 2015-06-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many ways, the crucial point about law is the question of whether the law is legitimate, as this ensures that the citizens of a society (voluntarily) obey the law. This book is an anthology arising from an interdisciplinary investigation into the relationship between law and legitimacy. The collection offers a variety of new perspectives and discusses a range of issues, including the legitimacy of the international criminal court, the EU's regulation of smoking and tobacco, and the protection of consumers. The book's contributors draw not only on legal sources in their investigations, but also on philosophy, history, and sociology for a truly interdisciplinary approach. Contents include: Introduction to Law and Legitimacy * From Jean Bodin to Michael Boss: On Legitimacy and Legitimacy Crises in a Historical Perspective * In the Name of the Law: How Consistency Can Enhance Legal Legitimacy * The International Criminal Court and the Legitimacy of Exercise * Towards Legitimacy in Above-National Rule-Making: Procentralization in Multi-Stakeholder Public Regulation * Consumer Protection and the Internal Market * In Search of Legitimacy in Regulating Tobacco and Smoking. [Subject: Law, Legal Philosophy]
Download or read book The Oxford Handbook of Police and Policing written by Michael D. Reisig and published by Oxford University Press. This book was released on 2014-03-31 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The police are perhaps the most visible representation of government. They are charged with what has been characterized as an "impossible" mandate -- control and prevent crime, keep the peace, provide public services -- and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be mobilized by a simple phone call, 24 hours a day, 7 days a week. They are ubiquitous within our society, but their actions are often not well understood. The Oxford Handbook of Police and Policing brings together research on the development and operation of policing in the United States and elsewhere. Accomplished policing researchers Michael D. Reisig and Robert J. Kane have assembled a cast of renowned scholars to provide an authoritative and comprehensive overview of the institution of policing. The different sections of the Handbook explore policing contexts, strategies, authority, and issues relating to race and ethnicity. The Handbook also includes reviews of the research methodologies used by policing scholars and considerations of the factors that will ultimately shape the future of policing, thus providing persuasive insights into why and how policing has developed, what it is today, and what to expect in the future. Aimed at a wide audience of scholars and students in criminology and criminal justice, as well as police professionals, the Handbook serves as the definitive resource for information on this important institution.
Download or read book Building the Rule of Law in China written by Lin Li and published by Elsevier. This book was released on 2017-03-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems. Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner. This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China. Explores the situation of rule of law in China as it currently stands Presents a case that China must look beyond the two western systems of law for a more globalized vision Gives analysis on the contemporary situation, and insight into the near future Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development Translates into English, providing a new and valuable perspective to an English speaking readership
