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.

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 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.

Download or read book Legitimacy and Compliance in Criminal Justice written by Adam Crawford and published by Routledge. This book was released on 2013 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.

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 Legitimation of Power written by David Beetham and published by . This book was released on 1991 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Beetham's book explores the legitimation of power both as an issue in political and social science theory and in relation to the legitimacy of contemporary political systems including its breakdown in revolution. 'An admirable text which is far reaching in its scope and extraordinary in the clarity with which it covers a wide range of material... One xan have nothing but the highest regard for this volume.' - David Held, Times Higher Education Supplement;'Beetham has produced a study bound to revolutionize sociological thinking and teaching... Seminal and profoundly original... Beetham's book should become the obligitory reading for every teacher and practitioner of social science.' - Zygmunt Bauman, Sociology

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 Legitimacy written by Italo Pardo and published by Springer. This book was released on 2018-10-17 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global in scope, this original and thought-provoking collection applies new theory on legitimacy and legitimation to urban life. An informed reflection on this comparatively new topic in anthropology in relation to morality, action, law, politics and governance is both timely and innovative, especially as worldwide discontent among ordinary people grows. The ethnographically-based analyses offered here range from banking to neighbourhoods, from poverty to political action at the grassroots. They recognize the growing gap between the rulers and the ruled with particular attention to the morality of what is right as opposed to what is legal. This book is a unique contribution to social theory, fostering discussion across the many boundaries of anthropological and sociological studies.

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 Legitimacy and Criminal Justice written by Tom R. Tyler and published by Russell Sage Foundation. This book was released on 2007-10-25 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The police and the courts depend on the cooperation of communities to keep order. But large numbers of urban poor distrust law enforcement officials. Legitimacy and Criminal Justice explores the reasons that legal authorities are or are not seen as legitimate and trustworthy by many citizens. Legitimacy and Criminal Justice is the first study of the perceived legitimacy of legal institutions outside the U.S. The authors investigate relations between courts, the police, and communities in the U.K., Western Europe, South Africa, Slovenia, South America, and Mexico, demonstrating the importance of social context in shaping those relations. Gorazd Meško and Goran Klemencic examine Slovenia's adoption of Western-style "community policing" during its transition to democracy. In the context of Slovenia's recent Communist past—when "community policing" entailed omnipresent social and political control—citizens regarded these efforts with great suspicion, and offered little cooperation to the police. When states fail to control crime, informal methods of law can gain legitimacy. Jennifer Johnson discusses an extra-legal policing system carried out by farmers in Guerrero, Mexico—complete with sentencing guidelines and initiatives to reintegrate offenders into the community. Feeling that federal authorities were not prosecuting the crimes that plagued their province, the citizens of Guerrero strongly supported this extra-legal arrangement, and engaged in massive protests when the central government tried to suppress it. Several of the authors examine how the perceived legitimacy of the police and courts varies across social groups. Graziella Da Silva, Ignacio Cano, and Hugo Frühling show that attitudes toward the police vary greatly across social classes in harshly unequal societies like Brazil and Chile. And many of the authors find that ethnic minorities often display greater distrust toward the police, and perceive themselves to be targets of police discrimination. Indeed, Hans-Jöerg Albrecht finds evidence of bias in arrests of the foreign born in Germany, which has fueled discontent among Berlin's Turkish youth. Sophie Body-Gendrot points out that mutual hostility between police and minority communities can lead to large-scale violence, as the Parisian banlieu riots underscored. The case studies presented in this important new book show that fostering cooperation between law enforcement and communities requires the former to pay careful attention to the needs and attitudes of the latter. Forging a new field of comparative research, Legitimacy and Criminal Justice brings to light many of the reasons the law's representatives succeed—or fail—in winning citizens' hearts and minds. A Volume in the Russell Sage Foundation Series on Trust

Download or read book Real Games written by Mia Consalvo and published by MIT Press. This book was released on 2019-10-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: How we talk about games as real or not-real, and how that shapes what games are made and who is invited to play them. In videogame criticism, the worst insult might be “That's not a real game!” For example, “That's not a real game, it's on Facebook!” and “That's not a real game, it's a walking simulator!” But how do people judge what is a real game and what is not—what features establish a game's gameness? In this engaging book, Mia Consalvo and Christopher Paul examine the debates about the realness or not-realness of videogames and find that these discussions shape what games get made and who is invited to play them. Consalvo and Paul look at three main areas often viewed as determining a game's legitimacy: the game's pedigree (its developer), the content of the game itself, and the game's payment structure. They find, among other things, that even developers with a track record are viewed with suspicion if their games are on suspect platforms. They investigate game elements that are potentially troublesome for a game's gameness, including genres, visual aesthetics, platform, and perceived difficulty. And they explore payment models, particularly free-to-play—held by some to be a marker of illegitimacy. Finally, they examine the debate around such so-called walking simulators as Dear Esther and Gone Home. And finally, they consider what purpose is served by labeling certain games “real."

Download or read book East Asian Perspectives on Political Legitimacy written by Joseph Chan and published by Cambridge University Press. This book was released on 2016-11-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes a government legitimate? Why do people voluntarily comply with laws, even when no one is watching? The idea of political legitimacy captures the fact that people obey when they think governments' actions accord with valid principles. For some, what matters most is the government's performance on security and the economy. For others, only a government that follows democratic principles can be legitimate. Political legitimacy is therefore a two-sided reality that scholars studying the acceptance of governments need to take into account. The diversity and backgrounds of East Asian nations provides a particular challenge when trying to determine the level of political legitimacy of individual governments. This book brings together both political philosophers and political scientists to examine the distinctive forms of political legitimacy that exist in contemporary East Asia. It is essential reading for all academic researchers of East Asian government, politics and comparative politics.

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.

Download or read book Political Legitimacy written by Jack Knight and published by NYU Press. This book was released on 2019-08-06 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the political, legal, and philosophical dimensions of political legitimacy Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the concept of legitimacy, and from disagreements over how to measure it. This volume reflects the cutting edge of responses to these perennial questions, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law. Contributors address fundamental philosophical questions such as the nature of public reasons of authority, as well as urgent concerns about contemporary democracy, including whether “animus” matters for the legitimacy of President Trump’s travel ban, barring entry for nationals from six Muslim-majority nations, and the effect of fundamental transitions within the moral economy, such as the decline of labor unions. Featuring twelve essays from leading scholars, Political Legitimacy is an important and timely addition to the NOMOS series.

Download or read book Legality and Legitimacy in Global Affairs written by Richard Falk and published by Oxford University Press. This book was released on 2012-04-19 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Legality and legitimacy in global affairs edited by Richard Falk, Mark Juergensmeyer, and Vesselin Popovski, brings together analyses of controversial events in international politics from top experts in field ; combines approaches to involvement between nations from across the social science disciplines ; approaches contemporary international relations from a philosophical, ethical, and legal standpoint" --

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.

Download or read book Transnationalisation and Legal Actors written by Bettina Lemann Kristiansen and published by Routledge. This book was released on 2019-06-10 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.