Journal articles: '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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Petrova, E. A. "The Sources of International Law Legitimacy." Russian Journal of Legal Studies 5, no. 2 (June 15, 2018): 139–44. http://dx.doi.org/10.17816/rjls18414.

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The article is devoted to the question of where the international law legitimacy comes from. The author analyzes the consensual sovereign volition of international law subjects (states, nations, international organizations) as the main source of its legitimacy. The specificity of legitimacy depending on the type of international law norms is indicated. Types of international law legitimacy in the context of its sources are distinguished. Positions on the question of criteria of the legitimacy are given. The author points out the interrelationship between legitimacy of international and national law. It is concluded that legitimacy is an essential feature of international law, since the source of international law legitimacy is the same as the source of the creation and mandatory of its norms, namely, the consensual sovereign volition of the participants of international relations.

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Chestnov, I. L. "Legitimacy of Law: Design and Measurement." Russian Journal of Legal Studies 5, no. 2 (June 15, 2018): 9–15. http://dx.doi.org/10.17816/rjls18387.

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Legitimacy is the ground of society. However today in all world founded crisis of society confidence. It connected with social world uncertainty. Problem of legitimacy of law is very actual in jury science. Legitimacy like recognition is the essential basis of the rights. Legitimacy of law is social construct, produced by government. Measure of legitimacy of law possible only by illegitimacy of legal relations, legal institutions, legal system indicator.

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Murphy, Kristina, Natasha S. Madon, and Adrian Cherney. "Promoting Muslims’ cooperation with police in counter-terrorism." Policing: An International Journal 40, no. 3 (August 21, 2017): 544–59. http://dx.doi.org/10.1108/pijpsm-05-2016-0069.

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Purpose Procedural justice is important for fostering peoples’ willingness to cooperate with police. Theorizing suggests this relationship results because procedural justice enhances perceptions that the police are legitimate and entitled to be supported. The purpose of this paper is to examine how legitimacy perceptions moderate the effect of procedural justice policing on Muslims’ willingness to cooperate with police. Design/methodology/approach Survey data from 800 Muslims in Australia are used. Findings This study shows Muslims’ procedural justice perceptions are positively associated with two types of cooperation: willingness to cooperate with police in general crime control efforts; and willingness to report terror threats to police. Muslims’ perceptions of police legitimacy and law legitimacy also influence willingness to cooperate. Specifically, police legitimacy is more important for predicting general willingness to cooperate with police, while law legitimacy is more important for predicting Muslims’ willingness to report terror threats. Importantly, legitimacy perceptions moderate the relationship between procedural justice and both types of cooperation. Specifically, procedural justice promotes cooperation more strongly for those who question the legitimacy of police or the legitimacy of counter-terrorism laws, but the moderation effects differ across the two cooperation contexts. The findings have implications for procedural justice scholarship and for counter-terrorism policing. Originality/value The current paper examines an under-explored aspect of legitimacy; it examines police legitimacy perceptions, but also examines how people view the legitimacy of laws police enforce (i.e. law legitimacy). It is argued that perceptions about law legitimacy can also impact people’s willingness to cooperate with police.

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Spijkerboer, Thomas. "Structural Instability: Strasbourg Case Law on Children's Family Reunion." European Journal of Migration and Law 11, no. 3 (2009): 271–93. http://dx.doi.org/10.1163/138836409x12469435402855.

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AbstractIn this article, the case law of the European Court of Human Rights on children's family reunion is examined. The argument is that the Court's case law is necessarily inconsistent. This is so in part as a consequence of the structure of international legal argument, and partly as a consequence of the seeming normative conflict about the legitimacy of migration control. On both points, the Court is torn between two equally legitimate and equally untenable extremes, which forces the Court to take a centrist position and to acknowledge both the legitimacy and the untenable nature of any position. The main part of the article analyses how this takes shape in the legal technicalities in the judgements under review.

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Guzman, Andrew T. "Trade, Labor, Legitimacy." California Law Review 91, no. 3 (May 2003): 885. http://dx.doi.org/10.2307/3481379.

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Levasseur, Alain A. "Legitimacy of Judges." American Journal of Comparative Law 50 (2002): 43. http://dx.doi.org/10.2307/840871.

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Levasseur, Alain A. "Legitimacy of Judges." American Journal of Comparative Law 50, suppl_1 (2002): 43–85. http://dx.doi.org/10.1093/ajcl/50.suppl1.43.

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Thomassen, Lasse. "Legality and Legitimacy." Modern Law Review 68, no. 3 (May 2005): 520–22. http://dx.doi.org/10.1111/j.1468-2230.2005.549_10.x.

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Zurn, Christopher F. "THE LOGIC OF LEGITIMACY: Bootstrapping Paradoxes of Constitutional Democracy." Legal Theory 16, no. 3 (September 2010): 191–227. http://dx.doi.org/10.1017/s1352325210000169.

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Many have claimed that legitimate constitutional democracy is either conceptually or practically impossible, given infinite regress paradoxes deriving from the requirement of simultaneously democratic and constitutional origins for legitimate government. This paper first critically investigates prominent conceptual and practical bootstrapping objections advanced by Barnett and Michelman. It then argues that the real conceptual root of such bootstrapping objections is not any specific substantive account of legitimacy makers, such as consent or democratic endorsement, but a particular conception of the logic of normative standards—the determinate threshold conception—that the critic attributes to the putatively undermined account of legitimacy. The paper further claims that when we abandon threshold conceptions of the logic of legitimacy in favor of regulative-ideal conceptions, then the objections, from bootstrapping paradoxes to the very idea of constitutional democracy, disappear. It concludes with considerations in favor of adopting a more demanding conception of the regulative ideal of constitutional democracy, advanced by Habermas, focusing on potentials for developmental learning.

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Pureklolon, Thomas Tokan. "PANCASILA SEBAGAI ETIKA POLITIK DAN HUKUM NEGARA INDONESIA [Pancasila as Political Ethics and Indonesian State Law]." Law Review 20, no. 1 (September 14, 2020): 71. http://dx.doi.org/10.19166/lr.v20i1.2549.

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AbstractPancasila is not only a source of derivation of legislation, but also a source of morality, especially in relation to the legitimacy of power, law and various policies in the implementation and administration of the state. The existence of the first precept of "The Almighty Godhead", and the second precept of "Fair and Civilized Humanity" is the source of moral values for national and state life. The state of Indonesia which is based on the first precept of "The Almighty God" is not a "theocracy" state which bases state power and state administration on religious legitimacy. The power of the head of state is not absolute based on religious legitimacy but based on legal legitimacy and democratic legitimacy. Therefore, the principle of the principle of "Godhead of the Almighty" has more to do with moral legitimacy. This is what distinguishes the Almighty God from theocracy. The writing method in this journal is a qualitative method, with an interdisciplinary approach. Although in the Indonesian state it is not based on religious legitimacy, morally the life of the state must be in accordance with the values derived from God, especially the law and morals in the life of the state.Keywords: Political Ethics, Law, Pancasila AbstrakPancasila tidak hanya merupakan sumber derivasi peraturan perundang-undangan, melainkan juga merupakan sumber moralitas, terutama dalam hubungannya dengan legitimasi kekuasaan, hukum serta berbagai kebijakan dalam pelaksanaan dan penyelenggaraan negara. Eksistensi sila pertama “Ketuhanan Yang Maha Esa”, serta sila kedua “Kemanusiaan yang Adil dan Beradab” merupakan sumber atas nilai-nilai moral bagi kehidupan kebangsaan dan kenegaraan. Negara Indonesia yang berdasarkan sila pertama “Ketuhanan Yang Maha Esa” bukanlah negara “teokrasi” yang mendasarkan kekuasaan negara dan penyelenggaraan negara pada legitimasi religius. Kekuasaan kepala negara tidak bersifat mutlak berdasarkan legitimasi religius, melainkan berdasarkan legitimasi hukum serta legitimasi demokrasi. Oleh karena itu asas sila “Ketuhanan Yang Maha Esa” lebih berkaitan dengan legitimasi moral. Hal inilah yang membedakan negara yang Berketuhanan Yang Maha Esa dengan negara teokrasi. Metode penulisan dalam jurnal ini adalah metode kualitatif, dengan pendekatan interdisipliner. Walaupun dalam negara Indonesia tidak mendasarkan pada legitimasi religius, secara moralitas kehidupan negara harus sesuai dengan nilai-nilai yang berasal dari Tuhan, terutama hukum serta moral dalam kehidupan negara.Kata kunci: Etika Politik, Hukum, Pancasila

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Galán, Alexis. "The Shifting Boundaries of Legitimacy in International Law." Nordic Journal of International Law 87, no. 4 (November 17, 2018): 436–65. http://dx.doi.org/10.1163/15718107-08704003.

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Legitimacy has become a central concern in international law. This article analyses an important aspect of the concept, namely the often-presumed link between legitimacy and the stability of institutions and norms. The explanatory role of legitimacy hinges on the descriptive elements attributed to legitimacy because, only by fixing those elements, a causal link can be established. The article contends that due to its conceptual features legitimacy cannot be circumscribed descriptively, making the tracing of its relationship to the stability of institutions and norms in the international legal order an intractable task. The article suggests that international lawyers should embrace the open-ended nature of legitimacy and focus on its dynamic dimension: legitimation. Legitimacy is treated as a rhetorical tool whereby actors try to pursue certain courses of action. The importance of legitimacy then lies in its employment for the shaping of perceptions with regard to how institutions ought to be.

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Hassfurther, Isabelle. "Transforming the “International Unsociety”: Towards Eutopia by Means of International Recognition of Peoples’ Representatives." Volume 60 · 2017 60, no. 1 (January 1, 2018): 451–80. http://dx.doi.org/10.3790/gyil.60.1.451.

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This paper proposes a criterion of legitimacy for recognition of governments as a contribution to the “revolution in the mind”, a procedural vehicle towards a transformed international society envisioned by Philip Allott in his latest work ‘Eutopia’. It is suggested that in order to promote a shift from mere State co-existence to Allott’s Eutopia – a unified and flourishing human society – the representatives participating in the international process of renegotiating common values and ideas must be chosen according to a criterion coinciding with this end, not based on effective territorial control. Against this background, different contemporary proposals for determining legitimacy of governments are discussed, none of which seem apt to designate those employing the central mediating function between inner-State societies and the international sphere. Neither constitutional legality nor imposing a system of democratic legitimation necessarily ensure adequate representation of the free choice of the peoples. By contrast, the right to political self-determination, understood as an entitlement to exercise public sovereignty and be represented by the chosen government, provides a point of departure for a criterion of legitimacy sufficiently respecting normative expectations of the distinct national societies. Beyond this relative component, however, the dual role of legitimacy on the international plane calls for certain additional criteria reflecting a prospective international society’s core values. Therefore, a regime’s commission of mass atrocities, violating ius cogens norms which prioritise human beings and their flourishing, invariably deprives it of legitimacy to participate in the international self-constituting. A criterion of legitimacy so understood – combining relative and absolute standards of legitimacy, thereby ensuring the representation of varying societies’ ideas while safeguarding certain international core standards – could facilitate a ‘transitory Eutopia’ of legitimate peoples’ representatives, ultimately serving as a catalyst towards Allott’s “shared humanity of all human beings”.

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Oluoch, LO Wauna. "Legitimacy of the East African Community." Journal of African Law 53, no. 2 (September 18, 2009): 194–221. http://dx.doi.org/10.1017/s0021855309990039.

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AbstractThe world currently has a profusion of intergovernmental organizations charged with various public functions previously reserved for states. The operations of these organizations affect the ordinary lives of individual citizens in the member states. Yet these organizations are not legitimate, based on the standard expected of a democratic state government. This article joins the chorus demanding the legitimization of international organizations that perform public functions, taking into account their peculiar circumstances and nature, and with specific reference to the East African Community. It sets out criteria for assessing legitimacy and examines the organs, functions and administration of the East African Community against those criteria. It argues that, as presently established and structured, the East African Community seriously lacks legitimacy. There is therefore an urgent need for reform, to avoid this body becoming yet another statistic of moribund regional integration schemes in Africa.

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Pligin, Vladimir N. "State and Law: Legitimacy Establishment Conditions." Legal education and science 8 (July 22, 2020): 3–9. http://dx.doi.org/10.18572/1813-1190-2020-8-3-9.

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Dyzenhaus, David. "Hobbes and the Legitimacy of Law." Law and Philosophy 20, no. 5 (September 2001): 461. http://dx.doi.org/10.2307/3505220.

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Tasioulas, J. "Human Rights, Legitimacy, and International Law." American Journal of Jurisprudence 58, no. 1 (May 23, 2013): 1–25. http://dx.doi.org/10.1093/ajj/aut001.

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Ellmann, Stephen. "Law and Legitimacy in South Africa." Law & Social Inquiry 20, no. 2 (1995): 407. http://dx.doi.org/10.1086/492511.

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Bercusson, B. "Democratic legitimacy and European labour law." Industrial Law Journal 28, no. 2 (June 1, 1999): 153–70. http://dx.doi.org/10.1093/ilj/28.2.153.

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Ellmann, Stephen. "Law in and Legitimacy South Africa." Law & Social Inquiry 20, no. 02 (1995): 407–79. http://dx.doi.org/10.1111/j.1747-4469.1995.tb01068.x.

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This mticle examines whether anti-apartheid lawyering might have legitimized the South Afncan legal system by asking what black South Ahcans actually thought of that system. Perhaps surprisingly, blrcks, and in particular African, appear to have accorded the legal system a measure of legitimacy despite the oppression they often suffered at its hands. Three paradigms of African opinion are offered to help us understand the complex African response to the legal system: the conservatives, forbearing, mutely concerned with such issues as order and security, and perhaps disposed to be deferential to institutions of white authority; the speakers, fueled by faith in the truth or power of their speech, and welcoming the opportunity to be heard that courts could povide; and the activists, adamantly detennined to bnng down apartheid, and judgrng institutions and people by their conhibution to that goal. For men and women thinking in these ways, anti-apartheid lawyering probably did contribute to legitimizing the legal system and that system's ideals. But this partial legitimation of the legal system is, in the end, no came for regret; instead, it may have helped the new South Africa begin building a nation governed by law.

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Hatfield, Michael. "Legitimacy, Identity, Violence And The Law." South Central Review 24, no. 1 (2007): 131–50. http://dx.doi.org/10.1353/scr.2007.0009.

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LEY, ISABELLE. "Opposition in International Law – Alternativity and Revisibility as Elements of a Legitimacy Concept for Public International Law." Leiden Journal of International Law 28, no. 4 (October 30, 2015): 717–42. http://dx.doi.org/10.1017/s0922156515000400.

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AbstractAs international law is widening in regulatory scope and intensity, it arguably suffers from a legitimacy deficit. This article conceives of this deficit as a deficit in possibilities to politicize, criticize, and contest international law-making proposals in the way a loyal opposition does in a domestic constitutional context: through the representation of relevant societal interests, the voicing of critique, and the safeguarding of alternative proposals for the future. The author of this article tries to bring together the current debate in political theory on the value of legitimate disagreement and dissent in political institutions and the ongoing discussion on the legitimacy of international law. Therefore, a concept of an institutionalized opposition for international law-making processes is developed, referencing authors such as Hannah Arendt and Claude Lefort. Next, the author analyses whether one can already find instances of an institutionalized opposition in international law – in parliamentary assemblies and in international agreements which are designed to present a legal–political counterweight to specific legal concepts and institutions.

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Nuñez-Mietz, Fernando G. "Legalization and the Legitimation of the Use of Force: Revisiting Kosovo." International Organization 72, no. 3 (2018): 725–57. http://dx.doi.org/10.1017/s0020818318000152.

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AbstractRecent works on the role of argumentation in international politics have enriched our understanding of the discursive construction of international legitimacy. Many scholars have recognized the pervasiveness and privileged status of legal claims. Building on these insights, I advance the proposition that the international legitimacy of the use of force has legalized. Legalization implies that successful (de-)legitimation depends on the strategic use of international law, and that alternative legitimacy discourses (such as morality) have been marginalized and play a negligible role in the construction of legitimacy. Thus, the use of force is legitimate to the extent that it conforms to international law. I test this “legalization thesis” against the “hard” case of NATO's intervention in Kosovo in 1999. By revisiting the arguments used by state representatives, I show that, as expected in a legalized legitimacy system and contrary to what has become common knowledge about this case, legitimacy was gained through, not despite, international law. I analyze NATO's strategy of legitimation in detail and reconstruct it as a set of seven strategic moves, all of them appealing exclusively to the international legal discourse.

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Denisenko, V. V. "Legitimacy as a Legal Category: Justification of the Concept." Russian Journal of Legal Studies 5, no. 2 (June 15, 2018): 86–89. http://dx.doi.org/10.17816/rjls18406.

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The article analyzes the category of legitimacy as a term of legal science. The main approaches to the legitimacy of legal norms are revealed. The author of the article substantiates the approach to legitimacy as an essential characteristic of law. The legitimacy and legitimacy of law are characterized as distinct from the legitimacy of political institutions. The legitimacy of law characterizes the essence and effectiveness of law, so it cannot be reduced to legality. In legal science it is necessary to allocate traditional and rational legitimacy. Keywords: legitimacy of law, legality, essence of law, effectiveness of legal regulation, formal equality, legitimacy of law.

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LEE, Donghee. "Materialization of Natural Law and Legitimacy of Positive Law." Institute for Legal Studies Chonnam National University 37, no. 4 (November 30, 2017): 9–30. http://dx.doi.org/10.38133/cnulawreview.2017.37.4.9.

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Henham, Ralph. "Theorising law and legitimacy in international criminal justice." International Journal of Law in Context 3, no. 3 (September 2007): 257–74. http://dx.doi.org/10.1017/s1744552307003047.

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This paper seeks to explore the relationship between law and morality and its relevance for establishing the legitimacy of international criminal justice (ICJ) within the context of international trials. At present, imperatives for peace and reconstruction in conflict societies are divorced both conceptually and practically from the process of punishment in international criminal trials. It argues that, in order for international trial justice to move beyond partial forms of retributivism requires a profound re-alignment of the rationales underpinning international penality and a merging of retributive and restorative justice forms. The paper suggests that the resolution of ‘truth’ must go further than this by implicating penal law and process as crucial determinants of ‘legitimate’ strategies for intervention, thereby enabling a wider choice of consequent resolutions. The paper suggests that the intrinsic value of international criminal process lies in its capacity to confront the relativism of ICJ by providing the means to engage with its plurality and so increase its legitimacy for all victims and communities affected by social conflict and war. In so doing it considers how law may be transformed into normative guides to conduct and examines the relationship between the processes of legal reasoning and sentence decision-making in international criminal trials.

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Cheng, Kevin Kwok-Yin, Natasha Pushkarna, and Sayaka Ri. "Enhancing the legitimacy of sentences in the minds of the public: Evidence from a public opinion survey in Hong Kong." Punishment & Society 22, no. 5 (May 1, 2020): 617–36. http://dx.doi.org/10.1177/1462474520915595.

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Legal and criminology scholars have devoted a great deal of attention towards measuring public confidence in the courts and sentencing. However, little is known about how attitudes toward sentencing relate to the more complex concept of legitimacy. Departing from conventional measurements of the public’s confidence in the courts and their support for various sentence outcomes, this study centres on the process of sentencing and its relation to ‘sentence legitimacy’. The central question posed in this article is what makes sentence outcomes legitimate? Survey responses from the Hong Kong public revealed that the public viewed court sentences as legitimate through the courts’ overall adherence to procedural justice when making sentencing decisions and the perceived effectiveness of those sentences. Distributive justice of sentencing decisions was not found to influence sentence legitimacy. This article concludes with implications for the courts when delivering sentences.

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Hassan, Salam Abdullah. "Legitimacy in International Law; Functions and Elements." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 2 (April 11, 2021): 263–68. http://dx.doi.org/10.17762/turcomat.v12i2.710.

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In the context of international law and international institutions, legitimacy as a concept has received a considerable amount of attention from scholars as well as political players on a global scale. This is while the issue remains as ambiguous and un-scrutinized as legitimacy has been used/abused based on context, which has led to recent confusions and inconsistency. This article endeavors to create a better understanding upon the matter of legitimacy as a concept by providing definitions and introducing various relevant means as well as provision of insights regarding the usage of the term within the borders of international law. As the topic remains a complex matter, this paper uses most relevant and recent scholarly works of this field to shine light upon the concept of legitimacy within international law. Issues, processes, aspects, functions and elements of legitimacy have been noted throughout this paper in terms of international context to further provide a comprehensive information regarding the state of legitimacy in modern world. Uncertainty remains an issue in this context as there is no consensus in the international atmosphere of law and governing bodies. Thus, this article emphasizes on providing clear information of how various factors have led to this complex state. International lawyers have shown an interest in the recent years regarding legitimacy and this may be of aid for further clarification of effects and relevant elements. Thus, increased participation of such actors on international scale is encouraged for provision of consensus in terms of legitimacy and surrounding debates and ambiguities

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Weinstock, Daniel M. "Natural Law and Public Reason in Kant's Political Philosophy." Canadian Journal of Philosophy 26, no. 3 (September 1996): 389–411. http://dx.doi.org/10.1080/00455091.1996.10717459.

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My intention in this essay will be to explore the role that consent-based arguments perform in Kant's political and legal philosophy. I want to uncover the extent to which Kant considered that the legitimacy of the State and of its laws depends upon the outcome of intersubjective deliberation. Commentators have divided over the following question: Is Kant best viewed as a member of the social contract tradition, according to which the legitimacy of the state and of the laws it promulgates derives from the consent of those people over whom it claims authority, or should he be read as having put forward a secularized version of natural law theory, according to which the state and its laws are legitimate to the extent that they are attained by standards of sound reason and supported by an objective account of the human good?

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Rauta, Umbu, and Ninon Melatyugra. "Hukum Internasional sebagai Alat Interpretasi dalam Pengujian Undang-Undang." Jurnal Konstitusi 15, no. 1 (March 29, 2018): 73. http://dx.doi.org/10.31078/jk1514.

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Tulisan ini ingin menjawab dua isu utama mengenai hubungan hukum internasional dan pengujian undang-undang oleh Mahkamah Konstitusi RI (MKRI). Isu pertama adalah legitimasi penggunaan hukum internasional sebagai alat interpretasi dalam pengujian undang-undang, sedangkan isu kedua adalah urgensi penguasaan hukum internasional oleh hakim MKRI. Tulisan ini merupakan penelitian hukum yang menggunakan pendekatan konseptual dan pendekatan historis dalam menjelaskan perkembangan pengujian undang-undang di Indonesia sekaligus menemukan legitimasi penggunaan hukum internasional oleh MK RI. Kesimpulan dari tulisan ini menegaskan bahwa hukum internasional memiliki sumbangsih yang penting dalam perannya sebagai alat interpretasi dalam proses pengujian undang-undang oleh Mahkamah Konstitusi, khususnya terkait hak asasi manusia. Justifikasi keabsahan praktik penggunaan hukum internasional tersebut ditarik dari tradisi ketatanegaraan yang secara implisit dikehendaki UUD NRI Tahun 1945. Manfaat positif yang diberikan hukum internasional nyatanya harus disertai juga dengan penguasaan hukum internasional oleh hakim MK RI supaya hukum internasional dapat digunakan secara tepat. Pembahasan dalam tulisan ini dibagi ke dalam empat sub bahasan inti yakni, pengujian undang-undang, penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang oleh MK, legitimasi penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang, pentingnya penguasaan hukum internasional oleh hakim MK.This article intentionally answers two principal issues regarding the relationship between international law and judicial review by the Constitutional Court of the Republic of Indonesia. The first issue is the legitimacy of international use as an interpretative tool in judicial review. The second issue talks about the necessity of urgent international law mastery by the Constitutional Court’s judges. This legal research utilizes both a conceptual approach and a historical approach to explain the development of judicial review in Indonesia, and to find legitimacy of international law by the Constitutional Court. The analysis in this article affirms that international law positively contributes as an interpretative tool in judicial review by the Constitutional Court, particularly pertaining to human rights. A justification of a legitimate international law use is withdrawn from constitutional tradition which is implicitly desired by the Indonesian Constitution (UUD NRI 1945). Since international law has provided better insights into norms, a mastery of international law should be encouraged. There are four main discussions in this article: judicial review, application of international law in judicial review process, legitimacy of international law application in judicial review, and the importance of international law mastering by Constitutional Court judges.

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Mäenpää, Olli, and Olli Maenpaa. "Immediate Legitimacy? Problems of Legitimacy in a Consensually Oriented Application of Law." Law and Philosophy 8, no. 3 (December 1989): 319. http://dx.doi.org/10.2307/3504591.

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Goldmann, Matthias. "United in Diversity? The Relationship between Monetary Policy and Prudential Supervision in the Banking Union." European Constitutional Law Review 14, no. 2 (May 21, 2018): 283–310. http://dx.doi.org/10.1017/s1574019618000184.

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Banking Union – Single Supervisory Mechanism – Economic interplay between monetary policy and prudential supervision – Strict separation envisaged by the Single Supervisory Mechanism legal framework – Legal framework does not prevent a more holistic approach – Financial stability is a legitimate consideration for monetary policy-making – Price stability is a legitimate concern for prudential supervision – Challenge to European Central Bank legitimacy and independence – Democratising the European Central Bank

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Tzimas, Themistoklis. "Examination of the ‘Assad Must Go’ Doctrine." International Community Law Review 19, no. 4-5 (September 26, 2017): 485–517. http://dx.doi.org/10.1163/18719732-12340026.

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Abstract The internal conflict in Syria and the legal imperatives of the ‘Assad must go’ doctrine have brought to the fore the issue of government legitimacy. This article examines the ‘de-legitimisation/legitimisation process’, meaning the denial of the legitimacy of a government from the perspective of the international community, in favor of the attribution of legitimacy to another entity. The main argument is that government legitimacy is determined on the basis of a combination of objective and legal criteria at the domestic and international level. When the objective criteria are contested by opposition forces to a significant extent, the international community needs to answer the question: who must be recognised as the legitimate government? Having set out the criteria for such a decision, I then examine the de-legitimisation of the Syrian government and the recognition of the Syrian National Coalition (snc) as the legitimate representative of the Syrian people by regional organisations and by Member States of the un.

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Gibbons, John J. "Intentionalism, History, and Legitimacy." University of Pennsylvania Law Review 140, no. 2 (December 1991): 613. http://dx.doi.org/10.2307/3312352.

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Michelman, Frank I. "Legitimacy and moral support." International Journal of Constitutional Law 17, no. 4 (October 2019): 1059–63. http://dx.doi.org/10.1093/icon/moz091.

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Gur-Arye, Miriam. "The Legitimacy of Judicial Responses to Moral Panic: Perceived vs. Normative Legitimacy." Criminal Justice Ethics 37, no. 2 (May 4, 2018): 141–63. http://dx.doi.org/10.1080/0731129x.2018.1500130.

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Ferdik, Frank Valentino, Jon Gist, and Sara Z. Evans. "Deviant Peer Associations and Perceived Police Legitimacy: Is There a Connection?" Criminal Justice Policy Review 30, no. 8 (November 21, 2017): 1127–62. http://dx.doi.org/10.1177/0887403417742949.

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For police officers to effectively enforce the law, it is imperative that citizens perceive of them as legitimate authority figures. Although procedural justice has shown to be a salient predictor of perceived police legitimacy, a recent line of studies has discovered other significant correlates of this outcome. No study though has explored whether deviant peer associations share a relationship with law enforcement legitimacy evaluations. Questionnaire data were collected from a convenience sample of university students ( N = 623) to determine whether measures of friend’s attitudes favorable toward criminal acts as well as friend’s actual criminal behaviors predicted both the obligation to obey and trust in police constructs of police legitimacy. Results indicated that friend’s attitudes supportive of criminal behaviors negatively predicted each police legitimacy concept, while somewhat unexpectedly, respondents who reported having many friends who engaged in past crimes were more likely to obey the police. Policy implications are discussed.

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Finlayson, James Gordon. "Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of Legitimacy." Kantian Review 21, no. 2 (June 1, 2016): 161–83. http://dx.doi.org/10.1017/s1369415416000017.

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AbstractMany commentators have failed to identify the important issues at the heart of the debate between Habermas and Rawls. This is partly because they give undue attention to differences between Rawls’s original position and Habermas’s principle (U), neither of which is germane to the actual dispute. The dispute is at bottom about how best to conceive of democratic legitimacy. Rawls indicates where the dividing issues lie when he objects that Habermas’s account of democratic legitimacy is comprehensive and his is confined to the political. But his argument is vitiated by a threefold ambiguity in what he means by ‘comprehensive doctrine’. Tidying up this ambiguity helps reveal that the dispute turns on the way in which morality relates to political legitimacy. Although Habermas calls his conception of legitimate law ‘morally freestanding’, and as such distinguishes it from Kantian and natural law accounts of legitimacy, it is not as freestanding from morality as he likes to present it. Habermas’s mature theory contains conflicting claims about the relation between morality and democratic legitimacy. So there is at least one important sense in which Rawls’s charge of comprehensiveness is made to stick against Habermas’s conception of democratic legitimacy, and remains unanswered.

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Teitel, Ruti. "Kosovo to Kadi: Legality and Legitimacy in the Contemporary International Order." Ethics & International Affairs 28, no. 1 (2014): 105–13. http://dx.doi.org/10.1017/s0892679414000082.

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Whence does international law derive its normative force as law in a world that remains, in many respects, one where legitimate politics is practiced primarily at the national level? As with domestically focused legal theories, one standard answer is positivistic: the law's authority is based on its origin in agreed procedures of consent. This is certainly plausible with respect to treaty obligations and commitments that derive from the United Nations Charter, but it leaves customary international law vulnerable to legitimacy critiques—of which there is no shortage among international law skeptics. Even with respect to conventional international norms, such as treaty provisions, there is often a sense that such consent is democratically thinner than the public consent to domestic law, particularly fundamental domestic law, constitutional norms, and derivative principles of legitimate governance. State consent in international law, in this view, is often a very imperfect proxy for democratic consent to international legal norms. While it is obvious to international lawyers why (as a matter of positive law doctrine) state consent should make international norms prevail over domestic norms to which there is arguably deeper democratic consent, persistent critics of international law have questioned whether this should be so as a matter of legitimacy.

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Breger, Marshall J. "The Quest for Legitimacy in American Administrative Law." Israel Law Review 40, no. 1 (2007): 72–118. http://dx.doi.org/10.1017/s0021223700013261.

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In the United States, administrative law suffers from a perceived lack of legitimacy largely due to a lack of democratic accountability or what some have called a democratic deficit. These misgivings stem, in part, from a deep-seated American distrust of bureaucracy. This Article examines how the quest for legitimacy has led practitioners (and theorists) of administrative law to undertake four interrelated projects: the Accountability Project, the Rationality Project, the Transparency Project, and the Participatory Project all designed to create a substitute or shadow form of democratic legitimacy.Through an examination of these projects, I clarify how they try to address the democratic deficit, and whether they effectively do so. Specifically, this article investigates the impact of judicial review, informal rule-making, increased access to information, and public participation as efforts to meet the legitimacy challenge. Moreover, it disputes the contention that the pursuit of democratic legitimacy is less consequential for administrative law than the need for bureaucratic rationality, by illustrating that bureaucratic rationality is but one component of a larger scheme intended to serve as a functional substitute for legitimacy. At bottom, because Americans do not share the fondness for the technocratic model displayed by many other legal systems, legitimacy projects have an enduring place in American administrative law.

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Stone, Christopher D. "Locale and Legitimacy in International Environmental Law." Stanford Law Review 48, no. 5 (May 1996): 1279. http://dx.doi.org/10.2307/1229387.

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Journal articles on the topic 'Law and Legitimacy'

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