Power and Legitimacy

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Policing by consent: understanding the dynamics of police power and legitimacy

Policing by consent: understanding the dynamics of police power and legitimacy

model to further test: we have examined whether the model breaks down once we adjust not just for wider forms of trust and values, but also for values regarding rule-following, authority and order. Our findings provide evidence for the idea that criminal justice institutions need to think hard about balancing effectiveness and legitimacy; criminal justice institutions need to pursue policing by control but also policing by consent. We have shown that perceptions of legitimacy are stronger predictors of compliance with the law than perceptions of deterrent risk. Moreover, people are more likely to cooperate with legal authorities when those authorities behave fairly and respectfully towards those they govern. When the police act according to principles of procedural justice, citizens regard such activity as legitimate; they defer to its authority and recognise and justify the power that it wields.
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Power, knowledge and legitimacy in KhajehNasirEldin Tusi's Thought

Power, knowledge and legitimacy in KhajehNasirEldin Tusi's Thought

The main question: What is the relationship between Tusi's political thoughts and con- cepts (power, knowledge and legitimacy) in the formation of an Islamic government? The main hypothesis: Tusi with the view of division of science believes that with relying on the knowledge and operation of power components, Imam can constitute is Islamic government in the society. He said, consisten- cy and durability depends on knowledge. He has special place for concepts of power and legitimacy in the political system and in fact, these three concepts complement each other in Tusi's political thought.
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Power, knowledge and legitimacy in the political thought of Imam Mohammad Ghazali

Power, knowledge and legitimacy in the political thought of Imam Mohammad Ghazali

Political theory in Islamic political thought, formed based on the primacy of practice over theory and vice versa or what was the basis of the legitimacy of political structures has been as a fundamental issue and conceptual dispute. Sunni scholars believed that the main condition of govern on the Muslim communi- ty after the death of the prophet based on companions of the prophet that according to this state and political power will be legiti- macy, so governments and future Caliphs be forced because of the importance of authori- ty that knowledge to take religious scholars for produce legitimacy. This thinking for the Islamic governments cause generate politi- cal thought in the Muslim community and promoted philosophy by knowledge, power and legitimacy in Islamic government. On of the scholars of Islam is Imam Muham- mad Ghazali .Something in this research is going to be analyzed are investigating the concepts of knowledge, power and legiti- macy in Ghazali political thought.On the other hand we want to investigate that how was the concepts of knowledge, power and legitimacy in formation of Ghazali political thought and interaction this political thought on formation rule of his time or may be in future time.
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On the edge of chaos: irreversible consequences of the power legitimacy rupture

On the edge of chaos: irreversible consequences of the power legitimacy rupture

In classical studies, legitimacy problem has been considered mostly in system-functional methodological frame. For instance, Lipset stated that legitimacy “involves the capacity of a political system to engender and maintain the belief that existing political institutions are the most appropriate and proper ones for the society” (Lipset, 1959, p. 6). The Easton’s model designates “input” as the society’s requirements or forms of support to the authority and “output” as decisions or actions of the authorities (Easton, 1965). So a feedback is formed which impels both the society and the power to new actions, and the political system itself seeks then a dynamic balance, i.e. political stability. Moreover, the emotional support of the kind is provided regardless of the results of the authorities’ activity. Luhmann noticed that “a system – economic, legal, or political – requires trust as a input condition. Without trust, it cannot stimulate supportive activities in situations of uncertainty or risk… Through lack of trust a system may lose size; it may even shrink below a critical threshold necessary for its own reproduction at a certain level of development” (Luhmann, 2000, p. 104).
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The Exercise of Power in Prison Organizations and Implications for Legitimacy

The Exercise of Power in Prison Organizations and Implications for Legitimacy

E. A MORE NUANCED UNDERSTANDING OF LEGITIMACY IN PRISON Our contextualized analysis of correctional officers’ perceived use of power across prison settings demonstrates the fruitfulness of focusing on the exercise of authority by “junior power-holders” in order to provide a richer understanding of legitimacy in a prison setting. 137 That is, when considering the officials who have the most contact with power recipients, not only do we gain an appreciation for the influences on their actions that constitute barriers to effectively establishing legitimate authority, we also see how some of these factors are beyond their control (i.e., organizational training, prison security level, physical environment, and size of the inmate population). Applied to other settings more generally, the external influences on the behaviors of junior power-holders are equally as salient (if not more so) for discussions of legitimacy relative to understanding the orientations and actions of their superiors who interact far less with their constituents. 138 Hence, an understanding of legitimacy and its feasibility might incorporate a more substantive focus on the extent to which junior power-holders’ methods of exercising their authority over power recipients is shaped by factors outside their control. In a prison context, based on our findings, such factors might include larger offender populations, more serious offender populations, and more sterile physical environments. Downplaying the role of contextual effects creates an illusion of free will in the exercise of power that outsiders, including academics, impose on the behaviors of government officials. Specific to prison organizations, and consistent with Raz’s study, prison contexts that necessarily shape greater use of coercive force by officers are likely to undermine an administration’s ability to “secure from their audience a recognition of their right to rule.” 139 On the other hand, a context that allows officers to exercise authority in ways that preserve the dignity and respect of inmates can facilitate an administration’s valid claim to legitimate authority. Liebling’s descriptions of prison contexts that shape the moral performance of prison staff, particularly those that coincide with more respectful inmate-officer relations, are potentially applicable in this regard and move beyond the prison level factors examined here. 140
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Who’s a National and Who’s a European? Exercising Public Power and the Legitimacy of Art. 39 4 EC in the 21st Century

Who’s a National and Who’s a European? Exercising Public Power and the Legitimacy of Art. 39 4 EC in the 21st Century

Furthermore, the public service exception Paragraph 4 of Article 39 specifies that “The provisions covers jobs in state ministries, regional authorities, of this article shall not apply [r]

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Apama and Stratonike: Marriage and Legitimacy

Apama and Stratonike: Marriage and Legitimacy

Nevertheless, the idea that a king, as logos empsychos, is always right seems so topical that it would be an exaggeration to suppose that Seleukos’ speech could only be understood through the allusion to Herodotos. We thus cannot exclude the possibility of the story ultimately going back to Seleukid propaganda and attempting to define early Seleukid sovereignty not only with reference to Greek, but also to Achaimenid royal ideology. There the king’s absolute power is based on his special relationship to Ahura-Mazda, whose divine order is protected on earth by the Achaimenid rule. And similarly to Ahura Mazda representing truth and righteousness and his enemy fostering lies and evil-doing, the Achaimenid king is thought to be the ultimate defender of this world order and to derive his power from Ahura Mazda’s heavenly light, the Khvarnah. This parallelisation between God and Great King implies that everyone who opposes the king also sins against Ahura Mazda’s ‘truth’ and favours the ‘lie’. Thus, usurpers become godless sinners, whereas the king’s supporters are truly religious, as is shown in Dareios’ Behistun inscription:
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Decentralisation and Legitimacy: a reading list

Decentralisation and Legitimacy: a reading list

Intergovernmental Relations in Democratic Brazil - David Samuels - Part II Critical Actors in the New Democracy - 5 Assessing Civil-Military Relations in Postauthoritarian Brazil - Wendy Hunter - 6 The Making of a Loyal Opposition: The Workers' Party (PT) and the Consolidation of Democracy in Brazil - William R. Nylen - 7 The Catholic Church, Religious Pluralism, and Democracy in Brazil - Kenneth P. Serbin - 8 Democratizing Pressures from Below? Social Movements in the New Brazilian Democracy - Kathryn Hochstetler - Part 3 Emerging Processes in the New Democracy - 9 Muddling Through Gridlock: Economic Policy Performance, Business Responses, and Democratic Sustainability - Peter R. Kingstone - 10 Democracy Looks South: Mercosul and the Politics of Brazilian Trade Strategy - Jeffrey Cason - 11 An Ugly Democracy? State Violence and the Rule of Law in Postauthoritarian Brazil - Anthony W. Pereira - 12 A New Brazil? The Changing Sociodemographic Context of Brazilian Democracy - Timothy J. Power - J. Timmons Roberts - Notes - Bibliography -
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Reflections on EU Legitimacy and Governing

Reflections on EU Legitimacy and Governing

We could make a similar argument with regard to the European Council, which lacks the legislative power but still occupies a range of different roles directed to differ- ent constituencies: as a strategic driver of the integration process and directed to the European constituency; as a national champion because each head of government is elected by and responsible to its respective national constituency; and as a second- order constitutional agent, because it is the key body in charge of constitution-making. The many roles that the Council and the European Council are supposed to fulfil in rela- tion to their various contexts leave considerable scope for representatives for shape- shifting – how much scope depends on the specific elements of the representative rela- tionship, such as whether they are instructed to act as delegates or are more free, to act as trustees.
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A Summary of Studies on Organizational Legitimacy

A Summary of Studies on Organizational Legitimacy

mechanism is the most important mechanism of the new institutionalism theory. The basic idea is: the social legal system, cultural expectations, the con- cept of the system, once become widely accepted by the social facts, it has a strong power, restrain and regulate people’s behavior. Weber is considered to be the first scholar to introduce legitimacy into sociological research (Johnson et al. , 2006; Ruef & Scott [19], 1998; Suchman [3], 1995). Weber argues that organiza- tional legitimacy is that organizational activity is consistent with organizational rules and structures [20]. It is critical to emphasize that the organization is con- sistent with universal values and “motto”—that legitimacy comes from consis- tency with social rules, norms and laws. Then, a large number of scholars dis- cussed the definition of legitimacy, such as: Parsons (1956, 1960) on the basis of Weber’s view, extended the connotation of legitimacy: Organizational legitimacy is the consistency of organizational values with the values of the organization’s embedded social context [21]. Maurer (1971) points out that legitimacy is a process that is the process by which the organization gives power to its partners or superior systems [22]. Dowling & Pfeffer (1975) defines legitimacy as “social values associated with business activities consistent with accepted behavioral norms in larger social systems” [23]. Meyer & Rowan (1977) tied legitimacy to resources, believing that both are more efficient than the old institutional theor- ists, and that they need to be consistent with the institutional environment. Meyer & Rowan (1977), Zucker (1977), although only talking about legitimacy and did not define the legitimacy of the law, but the organization of legitimacy research to enhance a level, directly or indirectly to promote the rise of the new institutionalism [24]; Meyer & Scott (1983) proposed organizational legitimacy is a degree of cultural organizations have been supported—external culture of the organization’s existence, function, value, power, and so there is absolutely no alternative explanation. A legitimate organization is an organization that does not have a problem, its goals, methods, resources, and control systems are ne- cessary, clear, complete, irreplaceable [25]. The legitimacy given by Knoke (1985) is that an organization has the power to act on its strategic choice, which is un- iversally accepted by the community [26].
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Legitimacy and the International Trade Regime

Legitimacy and the International Trade Regime

First, I lay out a conception of legitimacy for the international system that is broadly cosmopolitan and democratic, though it attempts to start with the idea of state consent. The basic project here is to explore how the process of state consent, which is after all the most important source of legal legitimacy in the international system, must be qualified and modified in order for it to satisfy some basic democratic and cosmopolitan principles. I defend the centrality of state consent and consensualism generally against various majoritarian approaches to international collective decision-making. I then set forth some principles for evaluating the fairness of individual agreement making. From there I attempt to see how far this idea can be extended to interstate negotiation. I point out the insights and limits of this extension. I then discuss the formation of the WTO, highlighting some of the difficulties of legitimacy and then articulate some basic power apportionment principles for international negotiation. This account is still incomplete and does not yet shed light on how to apply
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NGO Legitimacy: Four Models

NGO Legitimacy: Four Models

The approach of Halpin and McLaverty takes this analysis further. They argue that any discussion on whom NGOs represent requires constituents, which by default excludes the notion of what NGOs represent. Without constituents legitimacy can only be measured in solidarity (Halpin and McLaverty, 2010:65-67). Thus, an analysis of the moral force embedded in NGOs’ arguments in the context of global democracy cannot be linked to the internal democratic processes of NGOs and can only be understood as solidarity. Any demands about internal democracy of NGOs whose legitimacy claims are based on solidarity would be unreasonable and futile (Halpin and McLaverty, 2010:68-69). Notwithstanding the analytical difference between whom and what NGOs represent, both arguments are trying to address the nature of NGOs’ legitimacy as a collective voice whether of entities or interests. Approaching NGOs as a collective voice makes it possible to pitch NGOs against other collective representation such as government or corporations to examine their power relations (Slim, 2002). Another way to look at this dilemma, according to Lang, is to split NGOs’ representation into institutional advocacy and public advocacy based on their strategies to influence a target audience. The former is about access to power to influence institutional decision-making processes, whilst the latter is about mobilising the public in a more confrontational manner to achieve policy success (Lang, 2012:22-3).
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An Act-Focused Theory Of Political Legitimacy

An Act-Focused Theory Of Political Legitimacy

norms governing the permissibility of coercive power. I will discuss one view that is somewhat similar to this position in the following section on public justification and Gerald Gaus. Other views that fall into this category arguably include (O’Neill 1989), and, perhaps most notably, (Scanlon 1998). T.M. Scanlon argues that while there are reasons to perform various actions, principles of morality—what we owe to each other—are constructed from these reasons. Accordingly, one might argue, idealized counterfactual consent is needed to construct or justify substantive moral norms, not merely to discover them. In reply, however, Scanlon’s view runs into a similar difficulty to the one I have outlined for views that treat idealized consent as a heuristic. In particular, Scanlon grounds principles or rules on the basis of reasons we have. Scanlon is an externalist about these reasons; he would not allow that the cold-hearted person who could profitably murder has reason to commit murder. (For the externalism/internalism distinction see, e.g. (Williams 1981) or (Parfit and Broome 1997).) Accordingly, constructing principles on the basis of an externalist conception of reasons merely moves the problem of disagreement to a debate about what reasons we have, rather than what principles ought to regulate our society. That is, we disagree about what external reasons we have, just as we disagree about substantive, will-independent values and norms. A counterfactual will- based theory resting on an internalist conception of reasons would not encounter this difficulty— although, as will become apparent in the next section on Gaus, such theories are subject to
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Studying political legitimacy; A critical reappraisal. KNAW Conference on New Directions in Legitimacy Research, Amsterdam

Studying political legitimacy; A critical reappraisal. KNAW Conference on New Directions in Legitimacy Research, Amsterdam

argue that some form of ‘agreement’ is inherent in the concept of legitimacy. For Beetham, for example, one of the components of legitimacy is that ‘the rules can be justified by reference to beliefs shared by both dominant and subordinate’(Beetham 2013, 16, my italics). This agreement is not about the concrete laws and policies of the government, but rather about the appropriate qualities for the exercise of power, about the structure of power,etc. It gets more problematic with definitions such as Stillman’s who argues that ‘A government is legitimate if and only if the results of governmental output are compatible with the value patterns of society’ (Stillman 1974, 31). This does refer to agreement about specific measures, as when Stillman suggests that Roosevelt was less legitimate than Eisenhower because his New Deal policies were less compatible with the prewar value pattern of American society than with that value pattern after the war (pp.44-5). In recent years, Scharpf’s distinction between ‘input-oriented legitimacy’ (legitimacy derives from a decision by the majority of a community) and ‘output-oriented legitimacy (legitimacy derives from the capacity to solve
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Coordination and Legitimacy in International Business Taxation

Coordination and Legitimacy in International Business Taxation

The Vestey family were pioneers of international tax planning, which became the focus of a long-running conflict with the Revenue, resulting in a series of court judgements, most of which they won. The Vestey brothers had left the UK in 1915 and moved the control of their business to Argentina, to avoid the consequences of the British rule on residence of companies. In his evidence to the Royal Commission in 1919 for measures against international double taxation, mentioned above, William Vestey stated that while his tax position in Argentina suited him admirably, he would prefer to come back to Britain to live, work and die. He also wrote to the Prime Minister, Lloyd George, stating that if the brothers could be assured that they would pay only the same rate of tax as the American Beef Trust paid on similar business, they would immediately return. Failing to receive such assurances, they took legal advice from 1919 to 1921, as a result of which they established a family Trust in Paris. Returning to London, they leased all their properties, cattle lands and freezing works in various countries to a UK company, Union Cold Storage, stipulating that the rents should be payable to the Paris trustees. The trust was set up so that its income should be used for the benefit of their family members (but not themselves); the trust deed also gave the Vestey brothers power to give directions to the Trustees as to the investment of the trust fund, although subject to such directions the Trustees were given unrestricted powers (Knightley 1993). When it eventually
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State legitimacy and self defence

State legitimacy and self defence

Moreover, it would certainly be permissible for the state to use force against these independents any time they pose a direct threat to its members (by making an attempt on their life or property). Thus, the objection goes, it is false that the state cannot perform its functions if it does not have authority over everyone. If the state has authority over enough people, it can still perform its functions by merely exercising power over the limited number of individuals that are not subject to its authority. 52 The state will be able to perform its functions by using straightforward coercion against these individuals. The problem, however, is that if independents were allowed to exist within the territory of the state, others could not reasonably expect that the laws of the state would be obeyed. For surely this expectation largely depends on the fact that we normally assume that everyone living on the territory of the state is subject to its authority. Now, at first sight this seems to make the objection I am considering even stronger: after all, if others cannot reasonably expect independents to conform to the laws of the state, indepen- dents will not be harming them by acting otherwise. But the prob- lem is more fundamental, and has to do with the fact that in a scenario where independents were allowed to exist within the ter- ritory of the state, coordination, if possible at all, would be subject to serious problems of stability.
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Managing the innovation legitimacy of the sharing economy

Managing the innovation legitimacy of the sharing economy

The exponential growth of sharing economy across the globe has been propelled by economic benefits from sharing economy services [25] and advanced communi- cation/social technologies. As a result, people perceive ownership as less important and are more willing to use sharing economy services [9, 26]. For example, accord- ing to a recent Nielsen poll of more than 30,000 Internet users, 23% of the survey participants indicated that they were willing to rent their power tools to neighbors [25]. Moreover, with the emergence of digital intermediaries, reputation-based trust has facilitated people’s sharing behaviors online, where trust is an important issue [21]. Although sharing and related modes of access have received growing attention from academics, research on sharing economy is still nascent and mostly adopts macro-perspectives and focuses on the roles of sharing intermediaries [27]. Some empirical studies of individuals’ motivations for using sharing economy reveal that utilitarian aspects (e.g., saving resources and costs, social utility) are users’ primary motives [28]. Other studies [11] show the important role of hedonic value percep- tions (vs. utilitarian and symbolic values) in young consumers ’ attitude toward and intention to use sharing economy services. Similarly, Bucher et al. [10] confirm that moral, social-hedonic, and monetary motivations play important roles in indi- viduals’ attitudes toward sharing their possessions with others online. They also find that social-hedonic motives had the strongest impact on attitude, followed by moral and then monetary motives, and that motives are determined by materialism, sociability, and volunteering. Lawson et al. [12] demonstrate that significant factors for consumers’ attitudes and intention to use sharing economy services (e.g., eco- nomic consciousness, variety seeking, materialism, status consumption) may depend on the consumer clusters. Other researchers depict sharing as inherently ecological and pro-social (e.g., sharing contributes to sustainable environmental practices) and thus such altruistic motives drive people’s sharing behaviors [15, 20].
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Discourse on Somali piracy: Intervention and legitimacy

Discourse on Somali piracy: Intervention and legitimacy

In the sample, personal authorisation legitimation is by far the most used legitimating practice. This is partly due to news media’s common practice of using sources of speech with power and authority (White, 2006; Schudson 2003; Fairclough, 1995a). However, this practice has ideological repercussions. Caldas-Coulthard (1994, 304) notes that speaker selection gives voice to some groups instead of others. Here, it is Western military sources which are almost exclusively used, with very few exceptions. In fact, in the sample Western military sources are used 45 times, Western governments and institutions 22 times and Western news sources 11 times. Alternatively, Somali pirates are used as sources ten times, Somali government officials six times and Somali residents five times. These vast differences in Western versus Somali source choices illustrate how the potential for Western authorisation legitimation is far more likely than the potential for Somali authorisation legitimation.
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Democracy and Legitimacy in the Shadow of Purposive Competence

Democracy and Legitimacy in the Shadow of Purposive Competence

The tragedy, however, from at least some perspectives, is that it seems unlikely that this new phase will be deeper and more complete political union. The public support is not there. But if runaway economic integration is not to be legitimated by political depth, then the only socially legitimate alternative is to restrain that economic process, to bring it back within the bounds of what the European political arena can sustain. In order to allow Europeans to collectively make choices about the social, economic, cultural and moral texture of their lives, the location of the power to emasculate needs to be re-united with the location of the competence to create. In other words, there needs to be a fundamental rethinking of what exactly it is that we need the European Union to do.
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LEGITIMACY OF PUBLIC INTERESTS IN PUBLIC POLICY

LEGITIMACY OF PUBLIC INTERESTS IN PUBLIC POLICY

The concept of legitimacy has traditionally belonged to the spheres of interest of sev- eral branches of science. Since it is generally perceived as a concept native to legal theory, it can be found in all the main legal dictionaries and encyclopedias. For example, a re- spected American legal dictionary under the entry “Legitimacy” states: “Lawful birth; the condition of being born in wedlock; the opposite of illegitimacy or bastardy”; and in the entry “Legitimate”: “That which is lawful, legal, recognized by law, or according to law; as legitimate children, legitimate authority, lawful power, legitimate sport or amusement” (Black 1968, 1046). The view of the sociologist Max Weber is also well known, according to whom legitimacy derives from three possible bases: “1. Rational grounds, resting on a belief in the legality of enacted rules and the right of those elevated to authority under such rules to issue commands. 2. Traditional grounds, resting on an established belief in the sanctity of immemorial traditions and the legitimacy of those exercising authority under them. 3. Charismatic grounds, resting on devotion to the exceptional sanctity, heroism or exemplary character of an individual person” (Weber 1968: 215). Finally, an example of the politological interpretation of legitimacy from the work of Jürgen Haber- mas, who in examining it assumes that “only those statutes may claim legitimacy that can meet with the assent (Zustimmung) of all citizens in a discursive process of legislation that in turn has been legally constituted” (Habermas 1996, 110).
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