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Journal articles on the topic 'Law and Legitimacy'

Author: Grafiati

Published: 4 June 2021

Last updated: 17 February 2022

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1

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

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2

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 &ndash; &ldquo;legitimacy&rdquo;. 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 &ldquo;legal&rdquo;. In the same platitude, legitimate le

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3

Durning, Patrick. "Political Legitimacy and the Duty to Obey the Law." Canadian Journal of Philosophy 33, no. 3 (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 Sartori

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4

Shugurov, M. V. "The phenomenon of the legitimacy of rights: philosophical and legal interpretation." Russian Journal of Legal Studies 2, no. 1 (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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5

Xu, Ting, and Wei Gong. "The legitimacy of extralegal property: global perspectives and China’s experience." Northern Ireland Legal Quarterly 67, no. 2 (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 de

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6

Barnett, Randy E. "Constitutional Legitimacy." Columbia Law Review 103, no. 1 (2003): 111. http://dx.doi.org/10.2307/1123704.

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7

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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8

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

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9

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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10

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

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11

Petrova, E. A. "The Sources of International Law Legitimacy." Russian Journal of Legal Studies 5, no. 2 (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 nationa

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12

Chestnov, I. L. "Legitimacy of Law: Design and Measurement." Russian Journal of Legal Studies 5, no. 2 (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 (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

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14

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 p

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15

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

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16

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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17

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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18

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

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19

Zurn, Christopher F. "THE LOGIC OF LEGITIMACY: Bootstrapping Paradoxes of Constitutional Democracy." Legal Theory 16, no. 3 (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 conceptio

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20

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

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<p><em><strong>Abstract</strong></em></p><p><em>Pancasila 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 </em><em></em><em>for national and state life. The state of Indonesia which is based on the first precept of

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21

Galán, Alexis. "The Shifting Boundaries of Legitimacy in International Law." Nordic Journal of International Law 87, no. 4 (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

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22

Hassfurther, Isabelle. "Transforming the “International Unsociety”: Towards Eutopia by Means of International Recognition of Peoples’ Representatives." Volume 60 · 2017 60, no. 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 co

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23

Oluoch, LO Wauna. "Legitimacy of the East African Community." Journal of African Law 53, no. 2 (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 Com

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24

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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25

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

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26

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

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27

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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28

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

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29

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 t

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30

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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31

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 (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

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32

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 t

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33

Denisenko, V. V. "Legitimacy as a Legal Category: Justification of the Concept." Russian Journal of Legal Studies 5, no. 2 (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, essen

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34

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

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35

Henham, Ralph. "Theorising law and legitimacy in international criminal justice." International Journal of Law in Context 3, no. 3 (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 re

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36

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 (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

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37

Hassan, Salam Abdullah. "Legitimacy in International Law; Functions and Elements." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 2 (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

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38

Weinstock, Daniel M. "Natural Law and Public Reason in Kant's Political Philosophy." Canadian Journal of Philosophy 26, no. 3 (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

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39

Rauta, Umbu, and Ninon Melatyugra. "Hukum Internasional sebagai Alat Interpretasi dalam Pengujian Undang-Undang." Jurnal Konstitusi 15, no. 1 (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 d

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40

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

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41

Goldmann, Matthias. "United in Diversity? The Relationship between Monetary Policy and Prudential Supervision in the Banking Union." European Constitutional Law Review 14, no. 2 (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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42

Tzimas, Themistoklis. "Examination of the ‘Assad Must Go’ Doctrine." International Community Law Review 19, no. 4-5 (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 contest

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43

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

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44

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

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45

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

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46

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 (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

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47

Finlayson, James Gordon. "Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of Legitimacy." Kantian Review 21, no. 2 (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 ambigui

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48

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 skep

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49

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 legiti

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50

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

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