Relevant bibliographies by topics / Law and Legitimacy

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Law and Legitimacy'

Author: Grafiati
Published: 4 June 2021
Last updated: 17 February 2022

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Journal articles on the topic "Law and Legitimacy"

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Hull, Isabel V. "Legitimacy Through Law." Diplomatic History 41, no. 3 (March 30, 2017): 652–54. http://dx.doi.org/10.1093/dh/dhx037.

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Savenkov, Artem Aleksandrovich. "On the problem of legality-legitimacy in theory of law and philosophy of law." Право и политика, no. 3 (March 2020): 19–27. http://dx.doi.org/10.7256/2454-0706.2020.3.32414.

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The subject of this research is the problem of understanding and interpretation of the meaning and designation of one of the key concept of modern legal lexicon – “legitimacy”. Legitimacy became an attribute of the current scientific paradigm of legal thinking, because broadening the area of application, it is used as a certain standard of highest legality, often perplexing comprehension of the problems of legal theory, as on etymological level its leans only on one of the Latin versions of the word “legal”. In the same platitude, legitimate legality and legal legitimacy are a common tautology, which in the context of theory of law and philosophy of law, insistently dictates the necessity to clarify this term and definition. Research methodology suggests the analysis of the problem of legality-legitimacy from the perspective of differentiating legal and other disciplinary approaches: political scientific, sociological, etc. The novelty of this study consists in the problematic-critical analysis of the concept of “legitimacy” on the context of theory of law and philosophy of law. The conducted research demonstrates that the problem of legitimacy represents is a terminological substitution within the framework of legal-positivistic doctrine for the so-called not “purely” legal aspects: sociological, psychological, political scientific, and other. 
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Durning, Patrick. "Political Legitimacy and the Duty to Obey the Law." Canadian Journal of Philosophy 33, no. 3 (September 2003): 373–89. http://dx.doi.org/10.1080/00455091.2003.10716548.

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A growing number of political and legal theorists deny that there is a widespread duty to obey the law. This has lent a sense of urgency to recent disagreements about whether a state's legitimacy depends upon its ‘subjects’’ having a duty to obey the law. On one side of the disagreement, John Simmons, Robert Paul Wolff, David Copp, Hannah Pitkin, Leslie Green, George Klosko, and Joseph Raz hold that a state could only be legitimate if the vast majority of its subjects have a duty to obey the law. On the other side, M.B.E. Smith, Jeffrey Reiman, Kent Greenawalt, Christopher Morris, Rolf Sartorius, Jeremy Waldron, Christopher Wellman, William Edmundson and Allen Buchanan claim that a state could be legitimate even if its subjects lacked a duty to obey the law.This disagreement contains two separate disputes. One is a linguistic dispute about the meaning of ‘legitimacy,’ or about what it means to call something a ‘legitimate state.’ The other is a Substantive dispute about whether the various aspects of legitimacy are linked together. Since discussing the linguistic dispute will help us examine the Substantive dispute, let us consider it first.
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Shugurov, M. V. "The phenomenon of the legitimacy of rights: philosophical and legal interpretation." Russian Journal of Legal Studies 2, no. 1 (March 15, 2015): 86–103. http://dx.doi.org/10.17816/rjls17997.

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Article seeks to substantiate the philosophical and legal approach to the analysis of the phenomenon of the legitimacy of law. It proved heuristic meaning of this concept, a distinction is made between the approaches of political philosophy, philosophy of law and legal theory in the definition of the concept of «legitimacy». The author focuses on the concept of «legitimate right» assumptions crisis of legitimacy of law, as well as possible ways to overcome it.
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Xu, Ting, and Wei Gong. "The legitimacy of extralegal property: global perspectives and China’s experience." Northern Ireland Legal Quarterly 67, no. 2 (June 1, 2016): 189–208. http://dx.doi.org/10.53386/nilq.v67i2.108.

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Binary thinking has been entrenched in property law, posing challenges to the protection of land tenure and land users who have no title to the land they cultivate. This paper critiques the state-law-centred approach to evaluating the legitimacy of property and defends extralegal property as legitimate claims to land and related natural resources that are not against the law, but that are not recognised by the law as formal property rights. It begins with an overview of how the legitimacy of property is conceived of at the global level, drawing upon several conceptual frameworks of property developed via global initiatives and soft law instruments. That being done, it moves to examine the legitimacy of extralegal property from the local perspective, looking at a case study of ‘minor rights property’ in China. It is argued that long-term usage of land supported by the prevalence of this practice and social consensus should be regarded as one of the major sources of the legitimacy of property. The paper concludes that the state-law-centred approach to evaluating the legitimacy of property overlooks a range of legitimate property claims and the plurality of norms governing property relations. In order to recognise the full spectrum of property, we should link global perspectives with local experiences.
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Barnett, Randy E. "Constitutional Legitimacy." Columbia Law Review 103, no. 1 (January 2003): 111. http://dx.doi.org/10.2307/1123704.

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Jones, Timothy H. "Administrative Law, Regulation, and Legitimacy." Journal of Law and Society 16, no. 4 (1989): 410. http://dx.doi.org/10.2307/1410328.

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Fagan, Jeffrey. "Race, Legitimacy, and Criminal Law." Souls 4, no. 1 (January 2002): 69–72. http://dx.doi.org/10.1080/109999402760286909.

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Szczucki, Krzysztof. "Ethical legitimacy of criminal law." International Journal of Law, Crime and Justice 53 (June 2018): 67–76. http://dx.doi.org/10.1016/j.ijlcj.2018.03.002.

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Gallant, M. Michelle. "Power, legitimacy and international law." Criminal Law Forum 17, no. 2 (September 12, 2006): 235–39. http://dx.doi.org/10.1007/s10609-006-9012-7.

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Dissertations / Theses on the topic "Law and Legitimacy"

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Weski, Emelie. "Law+Impunity=Legitimacy? Rethinking liberal legitimacy of international law with a feminist critical approach." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23954.

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In here, the criminalization of sexual violence is a manifestation of increased recognition of feminism, and proof of international law reaching at liberal criteria for legitimization. Though, in making conclusions other necessary criteria for fully recognized legitimacy are acknowledged (such as other types of rights, types of security and other levels for analysis). Though, from a strict feminist critical approach the criminalization of sexual violence, and the extent of such criminalization can by itself prove legitimacy or illegitimacy.The criminalizing of sexual violence took place over 100 years ago, yet the systematic use of it in warfare was not publicly condemned until the ICTR (International Criminal Tribunal of Rwanda) and the ICTY (International Criminal Tribunal of former Yugoslavia) (Buss, 2009, p. 356) took on the duty to prosecute and convict. Still today women’s security and sexual violence are research fields that awake a lot of hostile emotions.Findings show that there is few, if any, affects for those tribunals that fail to bring justice to rape victims; calling for an analysis of Walzer’s political fit. The international praxis of impunity supports feminism in an existing ‘male truth’ risking the security of women. The legitimacy of the institution of international law is, however, not dependent on one legal procedure.Liberalist and feminist different interpretations of adequate necessity to create peace frame after 15 224 words a utilitarian illusion which slows down the pace of the implementation of a feminist security agenda. However, the progress is still evidence of strife towards the Kantian society of states. An inconsistent moral consensus finally results in the conclusion that this thesis cannot confirm the institution of international law illegitimate, arguably validating legitimacy.
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MOREIRA, OSCAR ALEXANDRE TEIXEIRA. "POPULAR INITIATIVE OF LAW: PARTICIPATIVE DEMOCRACY AND LEGITIMACY OF LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=17619@1.

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O presente trabalho tem por objetivo demonstrar como o instrumento de iniciativa popular de lei pode representar a participação dos cidadãos na construção e manutenção do ordenamento normativo. A utilização da Teoria Discursiva do Direito de Habermas, como marco teórico, servirá para apontar um caminho, ressaltando como o Estado Democrático de Direito deve contar com cidadãos que são, ao mesmo tempo, autores e destinatários das normas jurídicas. Pretende-se demonstrar que quanto mais os indivíduos participam como autores e destinatários na formação da legislação, discutindo autonomamente em espaços públicos, mais fortes são as possibilidades de efetivação da democracia.
The present work has the objective of demonstrate how the instrument of popular legislative initiatives can represent the citizens participation on the construction and the maintenance of the normative ordering. Having the Habermas’ Law Discursive Theory, as the theoretical mark will serve to point a direction, emphasizing how the Fair State of law must rely on citizens, which are, at the same time, the authors and the recipients of the juridical standards. It searches to demonstrate that as much as the individuals act as authors and recipients on the construction of the law, discussing autonomously in public aspects, stronger are the possibilities of the effectuation of the democracy.
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Thomas, Christopher Alexander. "Input and output legitimacy in WTO law." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/268032.

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This thesis provides an analysis of the complex relationship between law and legitimacy in the WTO. It focuses on the notional dichotomy between ‘Member-driven’ (input-based) and ‘results-oriented’ (output-based) narratives of the WTO’s legitimacy, and how such narratives are both framed by, and reflected in, WTO law. It demonstrates how these narratives are used to legitimate the exercise of legal power in ways that exceed the reach of their internal normative claims; how they are used to displace responsibility for decision-making in the WTO; and the consequences of choosing to emphasize particular forms of legitimacy for our understandings of the WTO’s place in the world. In the process, the thesis also seeks to destabilize these legitimacy narratives by highlighting their partial, contingent and often mutually contradictory natures. The thesis proceeds in three parts. The first part (Chapter Two) clarifies what is meant by the terms ‘power’ and ‘legitimacy’ as used in the thesis and stresses their significance for WTO law. The second part (Chapters Three and Four) addresses two key input-oriented narratives of legitimacy associated with WTO law — those of consent and democracy. It argues that although consent has been central to understanding the legitimacy of WTO law as it is, and democracy is increasingly advanced in relation to WTO law as it should be, both narratives suffer from serious normative and descriptive limitations. The third part delves further into the concept of output legitimacy and its limits (Chapter Five), before exploring its application in relation to the legal-institutional dynamics of WTO negotiation rounds (Chapter Six) and the treatment of economic evidence in WTO dispute settlement (Chapter Seven). This part ultimately concludes that a more critical engagement with the concept of output legitimacy could open up productive avenues for rethinking the law and practice of the WTO.
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Sibanda, Allan K. M. "International law legitimacy and the UN Security Council." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53188.

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The salient issues concerning the powers of the United Nations Security Council culminate in questions of legitimacy. In terms of the United Nations Charter, the Council has a wide margin of discretion, and while its powers of appreciation are generally accepted as non-justiciable, its members are not independent. The Council has often been criticised for its selective performance, its composition and privileges of tenure, and the lack of transparency in its procedures. The objective of this study is to establish an analytical framework of legitimacy for the Council. As a point of departure, the study examines the limitations to the powers of the Council under the auspices of international law. These are expressed in two categories: the UN Charter, and jus cogens. Thereafter, the study develops a model of the content of legitimacy for the Council, based on a notion of legitimacy which encompasses legal, moral and sociological aspects. Three traditions are at the heart of this model. These are the instrumentalist, procedural and constitutional traditions respectively. The established framework proposes a minimal threshold for the Council to legitimately exercise its discretion, as an extension of the Charter based legal threshold, from which the Council derives its authority. The study is inspired by efforts in literature, to develop the new value-based approach to international law, whilst maintaining the coherence of the international legal order. The established framework provides a feasible means to assess the legitimacy of the Security Council, and in tandem provides space for further research.
Mini Dissertation (LLM)--University of Pretoria, 2015.
Jurisprudence
LLM
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Hübner, Catharina [Verfasser]. "The Legitimacy of the Afghan Amnesty Law under International Law / Catharina Hübner." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://d-nb.info/1225182360/34.

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Farris, Jeremy Daniel. "Authority, philosophical anarchism, and legitimacy." Thesis, University of Oxford, 2009. http://ora.ox.ac.uk/objects/uuid:75985fea-1102-4cf1-a05a-a13e3a14f9b1.

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One way to prompt people to act is to claim that one’s commands impose duties upon some persons to act and subsequently to command those persons. This is the approach of practical authority. The claim of practical authority is ingredient to a predominant conception of the state. This thesis argues that the state’s claim to practical authority is both unjustified and morally wrong; it defends philosophical anarchism. The philosophical anarchist argument advanced here begins with a defence of a presumption against practical authority. It then argues that no argument for the practical authority of the state overcomes that presumption. Thus the state’s claim to practical authority is unjustified. The philosophical anarchist’s position suggests that we rethink both the normative claim ingredient to the concept of the state and the relationship between states and persons. This thesis suggests that states claim legitimacy – that is, states claim that the potentially coercive legal directives that they enact are all-things-considered morally permissible. The thesis outlines the ideal of legitimacy in political philosophy, an ideal distinct from authority. An analysis of legitimacy requires an analysis of coercion. The thesis develops a specific account of the pro tanto wrongfulness of coercion that locates the wrongfulness of coercion not with the badness of the outcomes that the coercee faces but rather with the beliefs and intentions of the coercer. Two upshots emerge from that account. The first is that legal directives are not necessarily coercive. The second is that the conditions which render coercion pro tanto wrongful also render the state’s claim to practical authority wrongful. However, whereas coercion is justifiable by an appeal to reasons that defeat its pro tanto wrongfulness, the philosophical anarchist shows that the state’s claim to practical authority is not so justifiable. Therefore, the state’s claim to practical authority is decisively wrongful.
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Charters, Claire Winfield Ngamihi. "The legitimacy of indigenous peoples' norms under international law." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609841.

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Elliot, Mark Christopher. "The constitutional legitimacy of judicial review in English law." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.413114.

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Babatunde, Elkanah Oluwapelumi. "Humanitarian intervention: legality, legitimacy and the search for solutions." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/24936.

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Humanitarian intervention refers to the use of force for the protection of human rights in a foreign state and usually against the will of the state in which force is used. The legality of unilateral humanitarian Intervention is a widely contested area in contemporary international law. It is a discussion that cuts across law, morality and foreign policy. Humanitarian intervention brings to the fore the contention between the principles of sovereignty and political independence on one hand and human rights and the principle of common humanity on the other hand. Some scholars contend that humanitarian intervention is a violation of the principles of sovereignty and political independence of states and violates Article 2(4) of the United Nations (UN) Charter. Other scholars have argued that Artcicle 2(4) of the UN Charter does not prohibit the use of force for human rights purposes but rather prohibits use of force which is targeted against a state's political framework or territorial annexation. They argue further that huamn rights constitutes one of the purposes of the UN and it is therefore unthinkable that the UN Charter will prohibit the use of force for such a purpose as human rights. Humanitarian intervention thus stands at the crossroasds of very foundational principle of both customary international law and the UN Charter. In this thesis, I argue that humanitarian intervention is illegal under the UN Charter as it does not fall within the two exceptions to the use of force: self-defence and Security Council sanctioned use of force. However, I go further to argue for the legitimacy of humanitarian intervention based on the principles of common humanity and wider principles of sovereignty. This argument draws from the just war doctrine as postulated by Grotius and other early just war theorists. The need to allow for unilateral intervention is pertinent given the rise in the abuse of power by some governments. Sovereignty should not be an umbrella that shields human rights abuses.
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Milano, Enrico. "Unlawful territorial situations : reconciling effectiveness, legality and legitimacy in international law." Thesis, London School of Economics and Political Science (University of London), 2004. http://etheses.lse.ac.uk/2778/.

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While the last few years have seen a strong attention by international lawyers towards alleged breaches of Article 2(4) of the UN Charter, much less attention has been devoted to the effects produced by such interventions upon the victim state. Article 2(4)'s main function is arguably to protect the 'territorial integrity or political independence' of states, and the aims and effects of military interventions often undermine states' territorial sovereignty well after the cessation of the hostilities. The thesis sheds light on the extent to which international law protects states' and peoples' territorial sovereignty by studying the phenomenon of unlawful territorial situations. An unlawful territorial situation can be defined as a territorial occupation established and maintained as a result of a violation of international law, such as in the case of the illegal use of force. The thesis analyses unlawful territorial situations through the lenses of the legal-normative concepts of effectiveness, legality and legitimacy. The concept of effectiveness as a device for transforming effective realities into law was considered one of the fundamental principles of international law during the 19th century and the first part of the 20th century. It deeply influenced the notions of statehood and territorial sovereignty as inherited by contemporary international law. However, the second part of the 20th century has seen the emergence of principles of substantive legality limiting the action of effectiveness as a source of territorial entitlement. The thesis shows how a situation of territorial unlawfulness can be defined with regard to four international legal principles: the prohibition against the change of territorial status through the use of force; uti possidetis iuris, self-determination; and territorial integrity. The thesis appraises the significance of effectiveness vis-a-vis these principles in the context of unlawful territorial situations. It argues that while effectiveness is no longer a fundamental principle of international law, it plays an important role when accompanied and enhanced by the legitimacy of the underlying claim, or by the external legitimation of an authoritative body, e.g. the Security Council. Whereas legitimacy is a concept supposedly built on the fundamental principles of the international community, it goes beyond positive legality, and it often represents a less objective, less transparent and less egalitarian device of power acceptance and recognition. However, adopting legitimacy as a device for transforming illegal effectiveness into a legal one, is paradoxically a way for the international community to safeguard the integrity of its principles of substantive legality, despite making them in some cases peripheral to the actual regulation of disputes.
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Books on the topic "Law and Legitimacy"

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Law and legitimacy. Copenhagen, Denmark: DJØF Publishing, 2015.

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Wolfrum, Rüdiger, and Volker Röben, eds. Legitimacy in International Law. Berlin, Heidelberg: Springer Berlin Heidelberg, 2008. http://dx.doi.org/10.1007/978-3-540-77764-9.

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Legitimacy in international law. Berlin: Springer, 2008.

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Jeffrey, Seitzer, ed. Legality and legitimacy. Durham: Duke University Press, 2004.

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Meyer, Lukas H., ed. Legitimacy, Justice and Public International Law. Cambridge: Cambridge University Press, 2009. http://dx.doi.org/10.1017/cbo9780511691720.

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The democratic legitimacy of international law. Oxford: Hart, 2010.

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Conference on International Law and the Arab-Israeli Conflict (1990 New York, N.Y.). Israel's legitimacy in law and history. Edited by Feith Douglas J, Siegel Edward M, and Louis D. Brandeis Society of Zionist Lawyers. New York: Center for Near East Policy Research, 1993.

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Dyzenhaus, David. The legitimacy of legality. [Toronto]: University of Toronto, Faculty of Law, 2005.

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Equality and legitimacy. Oxford: Oxford University Press, 2008.

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Berg, A. J. van den, editor, Permanent Court of Arbitration, and International Council for Commercial Arbitration, eds. Legitimacy: Myths, realities, challenges. Alphen aan den Rijn, the Netherlands: Kluwer Law International, 2015.

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Book chapters on the topic "Law and Legitimacy"

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Bederman, David J. "Legitimacy." In Globalization and International Law, 171–80. New York: Palgrave Macmillan US, 2008. http://dx.doi.org/10.1057/9780230612891_15.

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Moura Ribeiro, Samantha S. "Legitimacy." In Law, Governance and Technology Series, 151–58. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-33593-3_8.

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Brownsword, Roger. "The benchmarks of legitimacy." In Law 3.0, 71–76. Abingdon, Oxon ; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9781003053835-20.

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Brinkmann, Johannes, and Mrinalini Kochupillai. "Law, Business, and Legitimacy." In Handbook of Business Legitimacy, 489–507. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-14622-1_23.

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Brinkmann, Johannes, and Mrinalini Kochupillai. "Law, Business, and Legitimacy." In Handbook of Business Legitimacy, 1–19. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-68845-9_23-1.

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Kaku, Shun. "Legitimacy of International Law." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–8. Dordrecht: Springer Netherlands, 2021. http://dx.doi.org/10.1007/978-94-007-6730-0_166-1.

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von Bogdandy, Armin. "Codes of Conduct and the Legitimacy of International Law." In Legitimacy in International Law, 299–307. Berlin, Heidelberg: Springer Berlin Heidelberg, 2008. http://dx.doi.org/10.1007/978-3-540-77764-9_13.

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de Wet, Erika. "The Legitimacy of United Nations Security Council Decisions in the Fight against Terrorism and the Proliferation of Weapons of Mass Destruction: Some Critical Remarks." In Legitimacy in International Law, 131–54. Berlin, Heidelberg: Springer Berlin Heidelberg, 2008. http://dx.doi.org/10.1007/978-3-540-77764-9_7.

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Moura Ribeiro, Samantha S. "Bridging Empowerment and Legitimacy." In Law, Governance and Technology Series, 181–213. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-33593-3_10.

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Wagner, Ben. "Symbolic Power and Legitimacy Theatre: Constructing Legitimacy in Global Internet Governance." In Law, Governance and Technology Series, 157–74. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-33513-1_8.

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Conference papers on the topic "Law and Legitimacy"

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Cristina de Souza, Luciana. "State power legitimacy in Brazilian democracy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg126_08.

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Ricardo de Souza Cruz, Álvaro, and Bernardo Augusto Ferreira Duarte. "Unconditional legitimacy of Law: collaboration with the Nazism." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg143_04.

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Mello, Henrique. "Communicational Theory of Law and topology of juridical legitimacy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws30_01.

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Louzada Bernardo Segundo, Ronaldo. "Transitional justice and Brazilian amnesty law: a study on their democratic legitimacy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg126_07.

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Ramadani, Rizki, and Andika Prawira Buana. "The Needed but Unwanted Independent Regulatory Agencies: Questioning Their Legitimacy and Control in Indonesia." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.351.

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Lauc, Zvonimir, and Marijana Majnarić. "EU LEGAL SYSTEM AND CLAUSULA REBUS SIC STANTIBUS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18352.

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We are witnesses and participants of Copernican changes in the world which result in major crises/challenges (economic, political, social, climate, demographic, migratory, MORAL) that significantly change “normal” circumstances. The law, as a large regulatory system, must find answers to these challenges. Primarily, these circumstances relate to (i) the pandemic - Corona 19, which requires ensuring economic development with a significant encroachment on human freedoms and rights; (ii) globalization, which fundamentally changes the concept of liberal capitalism as the most efficient system of production of goods and services and democracy as a desirable form of government; (iii) automation, robotics, artificial intelligence, and big data are changing the ways we work, live, communicate, and learn in a Copernican manner. The law should serve to shape the relationship between people in order to realize a life of love and freedom. This is done to the greatest extent through the constitutional engineering of selected institutions. The legal system focuses on institutions that have a raison d'etre in their mission, which is read as “ratio legis”, as a desirable normative and real action in the range of causal and teleological aspect. Crisis situations narrow social cohesion and weaken trust in institutions. It is imperative to seek constitutional engineering that finds a way out in autopoietic institutions in allopoietic environment. We believe that the most current definition of law is that = law is the negation of the negation of morality. It follows that morality is the most important category of social development. Legitimacy, and then legality, relies on morality. In other words, the rules of conduct must be highly correlated with morality - legitimacy - legality. What is legal follows the rules, what is lawful follows the moral substance and ethical permissibility. Therefore, only a fair and intelligent mastery of a highly professional and ethical teleological interpretation of law is a conditio sine qua non for overcoming current anomalies of social development. The juridical code of legal and illegal is a transformation of moral, legitimate and legal into YES, and immoral, illegitimate and illegal into NO. The future of education aims to generate a program for global action and a discussion on learning and knowledge for the future of humanity and the planet in a world of increasing complexity, uncertainty and insecurity.
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Vujisic, Dragan. "VLADAVINA PRAVA I USLUGE." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.003v.

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In the first part of the paper are analyzed different views of the rule of law: liberaldemocratic, then positivistic view and, finally, defining of the rule of law as the rule of positive-law order of particular properities. In addition to these the three theoretic orientations, one more classification was pointed out - formal and materaialistic aspect of the rule of law. Besides, the principles and institutions of the rule of law were analyzed: legitimacy of power, division of power, independent judiciary, legitimacy expressed in terms of the ideas of constitution and lawfulness, constitutional guarantees of human and civil rights, existence of free economy and economic activities. The subject of the second part of this paper are services. Nowadays, services are the motor of economic growth and include, especially in developed countries of EU, more then 70% of EDP, employees, new economic subjects, and service activities also make up over 70% of all the activities. The service sector includes different, heterogenic services the number of which is getting higher and higher. The service activities are numerous and performed in various sectors such as trading, communications, financing, government administration, health department, social welfare, media, education, tourism, catering, sport and others. We are all witness to the constant growth of service sector in view of continuous broadening of the range of services and the influence upon the economic development of the state. Law regulations of the services in the Republic of Serbia were analized as well as its harmonization with the law regulations at the level of EU and the need for its further upgrading and improvement.
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Hidayah, Astika Nurul. "Comparison of lThe Partiesq Aspect in Determining The Legitimacy of Sale and Purchase Transactions on Online Business Seen from Islamic Law and Civil Law of Indonesia." In 2018 3rd International Conference on Education, Sports, Arts and Management Engineering (ICESAME 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/amca-18.2018.75.

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Opačić, Ana, and Vladimir Vrhovšek. "VLADAVINA PRAVA NA „USLUZI“ NARODU, KROZ TEORIJU I PRAKSU." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.081o.

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We, as the authors of this text, have found it important to point out the close connection between law and justice, theory and practice, because citizens go to court for justice. The judge says what justice is. However, when the legal norm is available and well known to the persons, to whom it refers, and when it is predictable and the case law is uniform, the persons to whom the legal norm refers, can know their rights and obligations concretely, and thus know how to treat them. In order to that they must behave and anticipate the consequences of their behavior. When all the above has been fulfilled, it can be said that the requirements of the rule of law and legal security have been met, so it can be freely said that law and justice are at the "service of the people", through theory and practice. It should be reminded that the precision of the legal norm is one of the basic elements of the rule of law and is a key factor for the emergence and maintenance of the legitimacy of the legal order, which applies to all branches of law, and that court decisions are binding on all.
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Bal, Harun, Mehmet Demiral, and Emrah Eray Akça. "Mediating Effect of the Governance Indicators in the Relationship between Natural Resources Abundance and Economic Growth: Empirical Evidence from the." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00950.

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This study purposes to identify the relationship between gross domestic product (GDP) and natural resources abundance, focusing on the mediator roles of governance indicators for selected 21 MENA and Caspian countries. Governance indicators used in the study are World Bank’s six global governance indicators. Annual panel data for the period of 1996-2012 are used. In this context, the study estimates the impact of crude oil production per capita (independent variable) on GDP per capita (dependent variable) at first, and then hierarchical panel regression analyses are conducted to determine the mediator variable roles of the governance indicators in this relationship. Sobel test is also applied to confirm whether the mediation effect is significant. Results from the pairwise panel regression analyses reveal that crude oil production per capita is negatively associated with all worldwide governance indicators, mostly with control of corruption, voice and accountability and regulatory quality. The progressive improvements of all dimensions of governance indicators, especially control of corruption, rule of law and government effectiveness, seem to promote GDP per capita. Results from the hierarchical regression analysis demonstrate that governance indicators play an important role as a partial mediator in the relationships crude oil production and GDP per capita. This evidence supports that weak governance indicators tend to hinder natural resources abundance to contribute economic growth. Overall findings highlight the increasing importance of policies intending to reduce corruption and violence, together with stimulating legitimacy, transparency and institutional quality for the countries investigated.
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Reports on the topic "Law and Legitimacy"

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Ashley, Robert P. Making the Case for Preemption: International Law, Sovereignty, and Legitimacy in the Global Pursuit of Al Qaeda. Fort Belvoir, VA: Defense Technical Information Center, March 2005. http://dx.doi.org/10.21236/ada432816.

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Hoff, Karla, and Joseph Stiglitz. The Creation of the Rule of Law and the Legitimacy of Property Rights: The Political and Economic Consequences of a Corrupt Privatization. Cambridge, MA: National Bureau of Economic Research, November 2005. http://dx.doi.org/10.3386/w11772.

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L.F., Kowler, Tovar J.G., Ravikumar A., and Larson A.M. The legitimacy of multilevel governance structures for benefit sharing: REDD+ and other low emissions options in Peru. Center for International Forestry Research (CIFOR), 2014. http://dx.doi.org/10.17528/cifor/005201.

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Welsh, Thomas J. Fair and Balanced: Should the Media Now be Considered a Legitimate Military Target Under the Law of Armed Conflict. Fort Belvoir, VA: Defense Technical Information Center, February 2005. http://dx.doi.org/10.21236/ada464343.

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Jackson, Gary M. Warden's Five-Ring System Theory: Legitimate Wartime Military Targeting or an Increased Potential to Violate the Law and Norms of Expected Behavior? Fort Belvoir, VA: Defense Technical Information Center, April 2000. http://dx.doi.org/10.21236/ada425331.

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Herbert, Siân, and Heather Marquette. COVID-19, Governance, and Conflict: Emerging Impacts and Future Evidence Needs. Institute of Development Studies (IDS), March 2021. http://dx.doi.org/10.19088/k4d.2021.029.

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This paper reviews emerging evidence of the impact of COVID-19 on governance and conflict, using a “governance and conflict first” approach in contrast to other research and synthesis on COVID-19 in the social sciences that tends to be structured through a public health lens. It largely focuses on evidence on low- and middle-income countries but also includes a number of examples from high-income countries, reflecting the global nature of the crisis. It is organised around four cross-cutting themes that have enabled the identification of emerging bodies of evidence and/or analysis: Power and legitimacy; Effectiveness, capacity, and corruption; Violence, unrest, and conflict; and Resilience, vulnerability, and risk. The paper concludes with three over-arching insights that have emerged from the research: (1) the importance of leadership; (2) resilience and what “fixing the cracks” really means; and (3) why better ways are needed to add up all the “noise” when it comes to COVID-19 and evidence.
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