Academic literature on the topic 'Legitimate grounds'
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Journal articles on the topic "Legitimate grounds":
1
Bespalov, Andrei. "Religious Faith and the Fallibility of Public Reasons." Oxford Journal of Law and Religion 8, no. 2 (June 1, 2019): 223–46. http://dx.doi.org/10.1093/ojlr/rwz014.
Abstract:
Abstract Rawlsian liberals define legitimacy in terms of the public justification principle (PJP): the exercise of political power is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Does PJP exclude religious reasons from public justification of legal provisions? I argue that the requirement of ‘reasonable acceptability’ is not clear enough to answer this question. Furthermore, it fails to address the problematic fact that justification on the grounds of religious faith involves non-negotiable claims, which is incompatible with respect for fellow citizens as co-legislators. Accordingly, I reformulate PJP in fallibilistic terms: the exercise of political power is legitimate only if it is justified on the grounds of reasons that can be subject to reasonable criticism. I show that reasons based on religious faith do not meet this principle, just like any other reasons that involve claims about final values.
2
Veatch, Robert M. "Which Grounds for Overriding Autonomy Are Legitimate?" Hastings Center Report 26, no. 6 (November 1996): 42. http://dx.doi.org/10.2307/3528762.
3
Hassoun, N. "Global Justice: What is Necessary to Legitimate Coercion." Journal of Moral Philosophy 16, no. 5 (October 25, 2019): 563–89. http://dx.doi.org/10.1163/17455243-20182701.
Abstract:
There is little agreement about what grounds obligations of distributive justice. This paper defends cosmopolitan coercion theory against recent criticism that coercive rule is not even sufficient to generate obligations of distributive justice. On one of the most sustained arguments against the idea that coercion is sufficient to generate obligations of distributive justice, critics object that coercion, and other nonvoluntary relationships, cannot fix the scope, or content, of these obligations. At best, critics argue, nonvoluntary relationships can ground obligations of charity or humanity. This paper argues that this Scope/Content Critique fails, in part, because it does not recognize the motivation for coercion theories. Moreover, despite assertions to the contrary, the Scope/Content Critique assumes coercion must suffice to ground obligations of distributive justice. Nonvoluntarists can hold there are many things, in addition to nonvoluntary relations, that can ground them.
4
Lee Jr., Richard A. "The Glorious Excess of Peace in Marsilius of Padua's Defensor Pacis." Theoria 66, no. 159 (July 1, 2019): 23–51. http://dx.doi.org/10.3167/th.2019.6615903.
Abstract:
In Defensor Pacis Marsilius of Padua grounds the legitimacy of the kingdom, or the state (civitas), on the peace that rule provides the citizens. Looking at Aristotle’s claim that the civitas strives to be like an animal in which all parts in the right proportion for the sake of health, Marsilius argues that ‘the parts of the kingdom or state will be well disposed for the sake of peace [tranquilitas].’ Marsilius goes on to define peace as the agreeable ‘belonging together’ of all members of the kingdom or the state. In this way, Marsilius moves away from a theological ground of the legitimacy of the state towards one that is entirely secular. However, the ground is an unstable one in that it acknowledges the fact that the ‘members’ of the body politic are characterised by difference. As such, the ground of legitimate authority will be characterised as much by force as by peace or by the relation of force to peace.
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Dolenc, Dubravka. "Legitimate interest as legal grounds for processing personal data." Bankarstvo 49, no. 3 (2020): 145–70. http://dx.doi.org/10.5937/bankarstvo2003145d.
Abstract:
The article elaborates the legal basis for data processing provided in Article 12, item 6 of the Law on Personal Data Protection, Official Gazette of the Republic of Serbia no. 87 as of 13 November 2018. The article deals with the comparative advantages of implementing this legal basis in relation to others and provides a practical overview in terms of legitimate interest as an equivalent legal basis to other legal bases of data processing. Examples of good practice of the British Supervisory Authority for Personal Data Protection, as well as the practice of the Agency for Personal Data Protection - the Croatian supervisory authority for data protection - are presented, as well as a significant part of the exceedingly relevant Opinion no. 06/2014 of the Working Party referred to in Article 29 of the cited Directive 95/46 (now the European Data Protection Board). Special attention is given to the so-called LIA, a legitimate interest assessment document and a test of the balance between legitimate interest and the rights and freedoms of individuals, with regard to the processing of personal data. Finally, the article presents the safeguards that must be provided to individuals whose personal data are processed - as well as the need for transparency - in terms of informing individuals of the existence of a legitimate interest, as well as all other necessary information that must be provided to ensure the fair and lawful processing of personal data.
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Duke, George. "Strong popular sovereignty and constitutional legitimacy." European Journal of Political Theory 19, no. 3 (April 26, 2017): 354–74. http://dx.doi.org/10.1177/1474885117701602.
Abstract:
Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and central assumptions of liberal constitutionalism. Foremost among these assumptions are the need to reconcile disagreement regarding controversial matters of common concern and the value of the rule of law. The weakness of such critiques, however, is that they presuppose a commitment to liberal principles and values that an advocate of strong popular sovereignty need not share. In this paper, I argue that recourse to liberal assumptions is unnecessary in order to demonstrate the inability of a theory of strong popular sovereignty to issue in a viable account of constitutional legitimacy. Theories of constitutional legitimacy grounded in strong popular sovereignty and constituent power, I contend, simply lack the basic resources for an adequate theory of constitutional legitimacy because they do not offer normative grounds for an assessment of whether any particular constitution is or is not legitimate. The paper is structured in three sections. Section 1 demonstrates that Carl Schmitt’s theory of constitutional legitimacy – which remains the primary source of contemporary appeals to strong popular sovereignty and constituent power – sustains a normative interpretation. Section 2 then develops a minimal constraint on an adequate normative theory of constitutional legitimacy. Finally, in Section 3, I demonstrate why a normative account of constitutional legitimacy based on strong popular sovereignty and constituent power is, at least without supplementation from normative concepts derived from a weaker conception of popular sovereignty, unable to meet this constraint.
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Poort, Tineke. "Male Captus, Bene Judicatus: disguised extradition and other practices." Leiden Journal of International Law 1, no. 1 (May 1988): 65–77. http://dx.doi.org/10.1017/s0922156500000686.
Abstract:
On the basis of four ‘irregular’ extradition cases, the author demonstrates that states sometimes violate generally accepted rules of extradition law. Legitimate grounds for the refusal of, as well as procedural impediments to extradition are evaded -for instance by simply kidnapping the individual involved. Also, the so-called ‘disguised extradition’ is used by states, when expelling a person in stead of extraditing him, but in fact accomplishing the same result. Despite such apparent failures in the procedure of obtaining an individual (‘male captus’), states maintain that the individuals can nevertheless be legitimately tried (‘bene judicatus’). According to the author, these practices are incompatible with certain general principles of international law.
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Miller, Anthony Michael. "A Libertarian Anarchist Analysis of Norman Geisler’s Philosophy of Government." Religions 15, no. 1 (December 22, 2023): 23. http://dx.doi.org/10.3390/rel15010023.
Abstract:
There are numerous approaches and conclusions regarding church and state relations and how Christianity affects public policy. Yet the purpose of this study is to question some of the philosophical assumptions and biblical interpretations that Christians hold to which support the state as a morally legitimate authoritative institution in the first place. This article will argue that various presuppositions regarding the state’s moral legitimacy are untenable, if not self-refuting. The philosophical commitments of a form of Christian Conservatism exemplified by Norman L. Geisler will be analyzed and critiqued by the Christian Libertarian Anarchist school of thought, represented by Gerard Casey. Geisler’s views on first principles, God’s moral law, social contracts, consent, anarchy, the distinction between vices and crimes, preconditions for virtue, and the common good will be examined. Then, Geisler’s interpretation of classic biblical texts supporting the alleged moral legitimacy of the state will also be assessed. This article will contend that if one were to consistently apply some pertinent principles found in Geisler’s prolegomena to theology when reasoning from natural revelation and the relevant biblical data, one will find that the conclusions are more compatible with the political theology of Christian libertarian anarchism. Hence the one who questions how Christianity affects public policy should take into consideration the reasons to deny that divine revelation affirms the state as a morally legitimate authoritative institution. If this is the case, the question ought to be reframed to determine how Christianity affects public policy within a state that has no legitimate moral grounds for authority.
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Kaczor, Christopher. "A Defense of Conscientious Objection in Health Care." Proceedings of the American Catholic Philosophical Association 92 (2018): 41–58. http://dx.doi.org/10.5840/acpaproc202071499.
Abstract:
In this essay, I defend rights of conscientious objection against various objections raised on deontological grounds of rights and entitlements as well as on consequentialist, utilitarian grounds. Udo Schuklenk and Ricardo Smalling in their article, “Why Medical Professionals Have No Moral Claim to Conscientious Objection Accommodation in Liberal Democracies” raise various objections, including the Objection from the Rights of Patients, the Objection from Monopoly, the Objection from Religion, the Objection from Untestability, and the Objection from Inconsistency. This article also responds to the concern about “unconstrained conscientious objection.” It suggests that we can distinguish legitimate from illegitimate conscientious objection in part by means of distinguishing objection to particular kinds of procedures from objection to treating particular kinds of persons. Perhaps the most promising way of differentiating legitimate from illegitimate conscientious objection in healthcare is by means of the goal of the medical art understood as the promotion of health.
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Evans, Malcolm D. "Lautsi v. Italy: An Initial Appraisal." Religion & Human Rights 6, no. 3 (March 10, 2011): 237–44. http://dx.doi.org/10.1163/187103211x599391.
Abstract:
The Grand Chamber Decision in Lautsi accords the State a considerable margin of appreciation to legitimate the display of religious symbols in classrooms on grounds of tradition. In doing so, however, it opens up new questions concerning the scope of state neutrality which remain to be resolved.
Dissertations / Theses on the topic "Legitimate grounds":
1
Lummertz, Henry Gonçalves. "Jurisprudência e confiança : a jurisprudência como base de confiança." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2015. http://hdl.handle.net/10183/127957.
Abstract:
O presente trabalho tem como objetivo a análise da atuação da jurisprudência como base de confiança no contexto do ordenamento jurídico, na vigência da Constituição da República Federativa do Brasil de 1988. Especial atenção será dispensada à construção dos contornos da autovinculação do Poder Judiciário, que permite que o indivíduo possa ter a legítima expectiva de que o entendimento adotado pela jurisprudência será aplicado a seu caso e, em consequência, possa legitimamente definir sua conduta com base nesse entendimento, permitindo, por consequência, que a jurisprudência atue como base de confiança. Receberão atenção especial também os elementos que permitem aferir a aptidão da jurisprudência para gerar confiança e avaliar a evolução da capacidade da jurisprudência para gear confiança no tempo. A pesquisa desenvolvida é exploratória quanto a sua técnica e justificativa quanto a seu objetivo. É exploratória, porque busca no ordenamento jurídico brasileiro, na jurisprudência do Supremo Tribunal Federal e do Superior Tribunal de Justiça assim como na doutrina elementos que permitam compreender a atuação da jurisprudência como base de confiança; é justificativa quanto a seu objetivo, pois busca compreender os fenômenos jurídicos envolvidos na atuação da jurisprudência como base de confiança, buscando explicálos adequadamente e identificar, no âmbito do ordenamento jurídico brasileiro, os elementos que permitem construir a autovinculação do Poder Judiciário e que possibilitam estabelecer critérios para a aferição da aptidão da jurisprudência para gerar confiança. Deste estudo resulta que a autovinculação do Poder Judiciário no ordenamento jurídico brasileiro e a definição de seus contornos podem ser reconstruídas não apenas a partir de princípios estruturantes — como o princípio da igualdade e o princípio da segurança jurídica — e de postulados hermenêuticos — como o postulado da unidade e o postulado da coerência —, mas também dos diversos mecanismos que visam a assegurar que, uma vez que a interpretação do texto normativo pelo Poder Judiciário atingiu determinado grau de definitividade, ela seja adotada nos outros casos sujeitos à aplicação da norma, seja pelo Poder Judiciário, seja pela Administração Pública, exigindo-se que os indivíduos se conformem com a aplicação dessa interpretação, a partir dos quais pode ser induzida uma regra geral segundo a qual: a) o Poder Judiciário deve uniformizar e estabilizar a interpretação dada aos textos normativos e o conteúdo das normas a partir deles reconstruídas; b) uma vez uniformizado e estabilizado o conteúdo da norma, ele deverá ser adotado pelo Poder Judiciário e pela Administração Pública nos demais casos em que a norma for aplicável; e c) os indivíduos devem se conformar com essa aplicação. Resulta, também, que a utilização pelo Poder Judiciário (e, em alguns casos, também pela Administração Pública) de mecanismos processuais cuja aplicação pressupõe a existência de jurisprudência que ostente as características que a tornam apta a atuar como base de confiança fornece elementos para que se afira se a jurisprudência está apta a atuar como base de confiança e para acompanhar a evolução no tempo da capacidade da jurisprudência de gerar confiança e da intensidade da confiança gerada.This work aims at analyzing precedents as the basis for legitimate expectation within the Brazilian legal system under the 1988 Constitution, especially concerning the definition of the circunstances under what will a precedent be considered binding, allowing individuals to legitimately expect that their cases will be ruled in accordance with the suitable precedent, and of the conditions for precedents to be deemed suitable to serve as grounds for legitimate expectation and of the criteria to gauge whether precedents can generate expectation. Attention will be given also to the criteria to assess whether case law generates confidence and to follow the evolution of its capability of generating confidence. This research conducted is exploratory as to its method and justificatory as to its objective. It is exploratory because it seeks to find within the Brazilian legal system and case law, as well as within doctrine, instruments to understand the role of precedents as grounds for legitimate expectation. It is justificatory as to its objective in that it seeks to understand the legal phenomena involved in precedents as the grounds for legitimate expectation, by seeking to explain such phenomena properly and to identify within the Brazilian legal system the conditions that must be present for precedent to become the grounds for legitimate expectation and the criteria that can be applied to assess whether precedent is suitable to generate expectation. This study has demonstrated that the hypothesis in which judicial courts must follow precedents can be defined not only according to principles and postulates, but also in accordance with the mechanisms provided for in the Brazilian legal system to ensure that, once the judiciary has consolidated the interpretation of a given legislative text, said interpretation is adopted in other cases that are subject to the application of the precedent whether by the judiciary or by public authorities, while demanding that individuals comply with the application of this interpretation. From these mechanisms, a general rule can be drawn whereby: a) the judiciary should standardize and consolidate the interpretation given to legislative texts and the content of the rules drawn therefrom; b) once the content of the rules are standardized and consolidated, they must be adopted by the judiciary and by the public administration in other cases to which the same standard applies; and c) individuals must comply with such application. This general rule evidences the boundaries of the binding effects of the precedents within the Brazilian legal system and the suitability of precedents as grounds for legitimate expectation, as a means to define the behavior to be adopted by the individual. These mechanisms also allow for the definition of the criteria to assess whether case law generates confidence and to follow the evolution of its capability of generating confidence.
2
Berisha, Visar. "AI as a Threat to Democracy : Towards an Empirically Grounded Theory." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-340733.
Abstract:
Artificial intelligence has in recent years taken center stage in the technological development. Major corporations, operating in a variety of economic sectors, are investing heavily in AI in order to stay competitive in the years and decades to come. What differentiates this technology from traditional computing is that it can carry out tasks previously limited to humans. As such it contains the possibility to revolutionize every aspect of our society. Until now, social science has not given the proper attention that this emerging technological phenomena deserves, a phenomena which, according to some, is increasing in strength exponentially. This paper aims to problematize AI in the light of democratic elections, both as an analytical tool and as a tool for manipulation. It also looks at three recent empirical cases where AI technology was used extensively. The results show that there in fact are reasons to worry. AI as an instrument can be used to covertly affect the public debate, to depress voter turnout, to polarize the population, and to hinder understanding of political issues.
3
Thiancourt, Roberto. "Les droits finalisés dans le contrat. Contribution à l’étude de la justification en droit privé." Electronic Thesis or Diss., La Réunion, 2021. http://www.theses.fr/2021LARE0026.
Abstract:
Les droits finalisés apportent un éclairage sur un phénomène qui s’accroît en droit des contrats depuis la fin du XXe siècle : assortir une prérogative juridique d’une exigence de justification de son exercice. Licencier un salarié pour une cause réelle et sérieuse, congédier un locataire pour un motif légitime et sérieux, révoquer un mandataire pour une cause reconnue en justice ou encore un dirigeant social pour un juste motif… Dans de nombreuses situations, un contractant se trouve contraint de fournir des raisons légitimes pour exercer un droit. Afin de mieux saisir ce phénomène dans ses implications pratiques, l’objectif de l’étude réside dans la proposition d’une catégorie permettant d’expliquer la convergence, de lege lata, des régimes d’exercice d’un ensemble de prérogatives : les droits finalisés dans le contrat. Les droits finalisés servent à désigner les prérogatives juridiques ne pouvant être exercées que pour certains motifs concrets déterminés par la loi, le juge ou le contrat et dont le respect est judiciairement contrôléThe finalized rights shed light on a phenomenon that has been increasing in contract law since the end of the twentieth century: to attach a legal prerogative to a requirement of justification for its exercise. Dismiss an employee for a real and serious cause, dismiss a tenant for a legitimate and serious reason, dismiss a mandatary for a cause recognized in court or a company manager for a just reason... In many situations, a contractor is compelled to provide legitimate reasons for exercising a right. To better understand this phenomenon in its practical implications, the objective of this study lies in the proposal of a category to explain the convergence, de lege lata, of the regimes for exercising a set of prerogatives: the rights finalized in the contract. The finalized rights serve to designate the legal prerogatives that can only be exercised for certain specific reasons determined by law, the judge or the contract and whose respect is judicially controlled
4
Rajković, Ivan. "Struggles for moral ground : problems with work and legitimacy in a Serbian industrial town." Thesis, University of Manchester, 2015. https://www.research.manchester.ac.uk/portal/en/theses/struggles-for-moral-ground-problems-with-work-and-legitimacy-in-a-serbian-industrial-town(5c2175d1-dfcc-4603-878e-df448ad2841d).html.
Abstract:
This study is based on 17 months' fieldwork in one of the largest and most symbolic towns of ex-Yugoslavia, Kragujevac, among the middle-aged, (un)employed and politically unorganised former employees of the former Zastava Cars auto-industry. Through participant observation in firms and labour activation programmes, with the addition of life stories and limited archival research, I follow my interlocutors' struggles to fashion a deserving position in a context where they cannot make a 'pure' moral stand to criticise their social disaffiliation. This happens in relation to the long-term transformations of employment, which disaffiliated, but also partially incorporated Zastava Cars' employees, resulting in a sense of complicity with the state and ethical compromise. Specifically, I focus on the rising under-productivity that Serbian industry has faced since the Yugoslav wars and Milošević's rule, in firms which continued to be increasingly state-funded under the market reforms of the 2000s, popularly understood as 'buying social peace'. Seen as the biggest 'victims' of privatisations but at the same time the most 'privileged' by the state programmes, Zastava Cars' workers have been gradually involved in ritualised simulations of productivity for the state, which I call 'mock-work'. While establishing partial security for many employees, I argue, the state politics of under-productive employment gradually became divorced from an inherited ethos of productivity, in which work (as both a profitable and life-fulfilling activity) was understood as a basis of fair rewards and a cornerstone of reciprocity. Waiting for the end of the work day with little or no activity to be done, or protesting for equal access to employment whilst knowing that those who do have jobs don't do the 'real' work either, created intensive affective registers between righteousness and complicity, nonchalance and shame. In this context, yearnings for 'proper' labour and 'proper' capitalism emerged as offering a clear arbiter of social worth and legitimacy, and hence, structural conditions for moral absolution. I argue that the market logic is here appropriated as something that absolves 'internal' problems in preserving unproductive employment, akin to the process Sahlins (1990) calls the 'humiliation' stage in cultural change. The study thus seeks to historicise, qualify and contextualize the dominant portrayals of 'precarity' and market hegemony in Serbia. It argues that market reforms, coupled with enduring institutional embeddedness of the labour market and industrial underproductivity in the region, ultimately created not just existential, but moral struggles. These struggles are crucial for rekindling strong calls for work ethics that state neoliberal reforms end up utilising, and new political subjectivities in creation.
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Basik, Kevin J. "Small-Group Leader Assignment: Effects Across Different Degrees of Task Interdependence." Thesis, Virginia Tech, 1997. http://hdl.handle.net/10919/36882.
Abstract:
The use of teams and work groups in organizations has become increasingly more popular in the last decade. Within each of these groups, a leadership role must be filled in order for the team to achieve its task. This study posited that the method by which the leader comes into this role may have a direct impact on the group's performance and its perceptions of the group's interpersonal processes and efficiency, satisfaction with the group, satisfaction with the group output, and support for the leader. In addition, the influence of leader assignment was expected to change based on the level of interdependence required by the task. One hundred forty-eight subjects were assigned to one of four conditions in a 2X2 design (appointed vs. elected leaders X high vs. low interdependence task), and were asked to fill out a questionnaire upon completion of their task. Results found that the higher level of interdependence was significantly related to more favorable ratings of Perceived Group Efficiency ( F =6.89, p <.05) and Satisfaction with Group Output ( F =7.69, p <.05). Possible limitations and future research opportunities are addressed.Master of Science
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Mzenzi, Siasa. "Accounting practices in the Tanzanian Local Government Authorities (LGAs): the grounded theory of manipulating legitimacy." Thesis, University of Southampton, 2013. https://eprints.soton.ac.uk/348343/.
Abstract:
This research investigates accounting practices in four Tanzanian Local Government Authorities (LGAs). It seeks to understand how accounting is practiced and the situations which sustain its undertaking. The peculiar role of local governments in the delivery of public services and the influence of accounting on the same has motivated this study (Lapsley & Mussari, 2008). It has also been driven by the inadequacy of interpretive theoretically based informed studies into public sector entities, and the limited accounting research in the emerging economies (Goddard, 2010). The study applies an interpretive approach to investigate accounting in the organisations in which it operates (Ahrens & Mollona, 2007), and executes a grounded theory method to develop a theory systematically from the raw data (Glaser & Strauss, 1967). In order to ensure the general application of the emergent theory beyond the case studies, the development of a formal grounded theory was sought. This research revealed that the operations of the Tanzanian LGAs were constrained by factors such as deficient regulatory systems, political interference, donors’ influences, and funding uncertainties. These conditions forced the technocrats to use important accounting practices, such as budgeting, auditing, financial reporting, and performance measurement to manipulate the organisational legitimacy. The process of legitimacy manipulation ensured the availability of resources for the LGAs and the attainment of the individual interests of the Councils’ officials. This study contributes to the interpretive approach in emerging economies. Also, meta-coding, intra-relationships of categories, and development of formal grounded theory, add new insights to the grounded theory analysis. It is also worth noting that the study integrates the emergent theory within the New Institutional Sociology (NIS) framework. It was not intended to test NIS, but rather, to adopt it as a theoretical lens that assisted interpretation of the research findings. In the NIS framework, the study establishes the simultaneous achievement of legitimacy and efficiency, recognises multiple sources of loose coupling, and the influence of performance management on shaping accounting practices in the public sector organisations. It also offers the micro reactions of the Councils’ officials, and recognises the different patterns of the officials’ responses across Councils and service deliveries. The study argues that in emerging economies considerations of a country’s local contexts has the potential to minimise any counter-productivity of reform programs. Moreover, this research appeals for a holistic approach to the reform programs, harmonization of laws and regulations, the institution of efficient financial management and reporting mechanisms, and the improvement of employee welfare in the Tanzanian Councils.
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Sham, Ka-fai Leo Edwards. "Policy window and legitimacy in Hong Kong a comparative analysis of Central Reclamation Phase III and Divestment of the Link /." Click to view the E-thesis via HKUTO, 2006. http://sunzi.lib.hku.hk/hkuto/record/B36536271.
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Castro, Lorelei. "The Legitimacy and Limitation of the Ad Hoc Committee's Factual Review of ICSID Awards : An Analysis of the Annulment Grounds Under Articles 52 (1) (b) and (e) of the ICSID." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384525.
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Trisyani, Yanny. "An exploration of the role of nurses working in emergency care services in general hospitals in Indonesia." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/96103/1/Yanny_Trisyani_Thesis.pdf.
Abstract:
This research explored the nursing role in the Indonesian ED setting through a social constructivist lens. The emergency department (ED) nursing role in Indonesia is considered strategic in achieving quality outcomes and yet the nursing role in this context lacks clarity and visibility. This study generated two key analytical concepts: shifting boundaries and lacking authority. The interrelationship of these concepts constructed a core category, securing legitimate power, which reflects the social structural processes underpinning the development of the ED nursing role. The findings of this research pose a theoretical explanation of the ways in which the interplay of gender, society, knowledge and power has positioned nursing within the Indonesian health care system and society more broadly. The findings contribute to the development of a body of knowledge that challenges the status quo of nursing in Indonesia and that will ultimately enhance the professional status of this sector.
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Snowden, Suzanne. "Is “Sluta skjut” the silver bullet to reduce violent crime in Malmö? A constructivist grounded theory approach exploring public perception of crime and crime prevention programmes." Thesis, Malmö universitet, Fakulteten för hälsa och samhälle (HS), 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-25523.
Books on the topic "Legitimate grounds":
1
Morris, J. Peter. Legitimate lobbying: A guide to UK Government relations with brief notes on the EU. London: PMS Publications, 1998.
2
Baur, Dorothea. NGOs as legitimate partners of corporations: A political conceptualization. Dordrecht: Springer, 2011.
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Steiner, Kristian. Strategies for international legitimacy: A comparative study of elite behavior in ethnic conflicts. Lund: Lund University Press, 1996.
4
Aklaev, Airat. Ethnopolitical legitimacy and ethnic conflict management: The case of the Russian Federation in the early 1990s. Berlin: Berghof Research Center for Constrctive Conflict Management, 1996.
5
Parpworth, Neil. 14. The grounds for judicial review. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198810704.003.0014.
Abstract:
This chapter considers the grounds on which public decisions may be challenged before the courts. It begins with an overview of two cases—Associated Provincial Picture Houses Ltd v Wednesbury Corpn (1948) and Council of Civil Service Unions v Minister for the Civil Service (1985). The importance of these two cases is their distillation of the general principles. The discussion then covers the different grounds for judicial review: illegality, relevant/irrelevant considerations, fiduciary duty, fettering of a discretion, improper purpose, bad faith, irrationality, proportionality, procedural impropriety, natural justice, legitimate expectations, the right to a fair hearing, reasons, and the rule against bias. It is noted that principles often overlap, so that a challenge to a public law decision may be based on different principles.
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Brown, Alexander. Consequentialist Grounds for the Principles of Administrative Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198812753.003.0006.
Abstract:
Section I explores the possibility that the principles of administrative justice are partly grounded by the Difference Principle. Section II considers whether the administrative goods of trust-building and making credible commitments might also normatively support or ground principles concerning the protection of legitimate expectations. Section III looks to the more basic aim of minimizing the pain of frustration as normative support or grounding for my principles of administrative justice. Finally, Section IV considers whether the principles have any negative unintended consequences that could potentially derail the proposed consequentialist grounding of them.
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Brown, Alexander. Deontological Grounds for the Principles of Administrative Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198812753.003.0007.
Abstract:
Section I invokes the ideal of the rule of law as another possible source of normative support or grounding for my principles of administrative justice for the management of legitimate expectations. Following on from this, Section II looks into the Kantian principle that agents ought to be treated never purely as means but always as ends in themselves. Section III turns to Ronald Dworkin’s idea that governments have a fundamental duty to treat citizens with equal concern and respect, as yet another potential normative ground for my principles of administrative justice. Finally, Section IV puts onto the table but ultimately rejects a possible objection to both the Liability Precept and the Secondary Duties Principle based on the deontological values of democratic majoritarianism and equality.
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Brown, Alexander. A Theory of Legitimate Expectations for Public Administration. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198812753.001.0001.
Abstract:
In this book Alexander Brown addresses the fundamental terms of our relationship to governmental administrative agencies, and whether they should have unfettered discretion over administrative policies and measures. In doing so he develops a new theory of legitimate expectations for public administration based on answers to the following questions. First, what makes expectations legitimate? Second, what principles of administrative justice should govern the conduct of governmental administrative agencies in relation to legitimate expectations? Third, what normatively supports or grounds these principles of administrative justice? In answer to the first question Brown proposes a new Responsibility-Based Account which focuses on the normatively salient issue of whether or not governmental administrative agencies were responsible for creating the relevant expectations, allied to assuming a role responsibility for making the relevant decisions. In answer to the second, he introduces three such principles: the Legitimate Expectations Principle, the Liability Precept, and the Secondary Duties Principle. According to these principles, governmental administrative agencies have prima facie obligations to honour expectations they create and should be liable for damage and loss they directly cause by creating and then frustrating legitimate expectations. Moreover, if governmental administrative agencies are unable or unwilling to pay adequate compensation, then other public bodies, which have the capacity, have a secondary duty to intervene to ensure that administrative justice is served. Finally, he adopts a pluralistic approach to normatively grounding his conception of administrative justice for the management of legitimate expectations, drawing on a range of both consequentialist considerations and deontological norms.
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Delmas, Candice. A Duty to Resist. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190872199.001.0001.
Abstract:
What are our responsibilities in the face of injustice? Many philosophers argue for what is called political obligation—the duty to obey the law of nearly just, legitimate states. Even proponents of civil disobedience generally hold that, given this moral duty, breaking the law requires justification. By contrast, activists from Henry David Thoreau to the Movement for Black Lives have long recognized a responsibility to resist injustice. Taking seriously this activism, this book wrestles with the problem of political obligation in real world societies that harbor injustice. It argues that the very grounds supporting a duty to obey the law—grounds such as the natural duty of justice, the principle of fairness, the Samaritan duty, and associative duties—also impose obligations of resistance under unjust social conditions. The work therefore expands political obligation to include a duty to resist injustice even in legitimate states, and further shows that under certain real-world conditions, this duty to resist demands principled disobedience. Against the mainstream in public, legal, and philosophical discourse, the book argues that such disobedience need not always be civil. Sometimes, covert, violent, evasive, or offensive acts of lawbreaking can be justified, even required. Illegal assistance to undocumented migrants, leaks of classified information, hacktivism sabotage, armed self-defense, guerrilla art, and other modes of resistance are viable and even necessary forms of resistance. There are limits: principle alone does not justify lawbreaking. But uncivil disobedience can sometimes be required in the effort to resist injustice.
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Plowright, William. Armed Groups and International Legitimacy. Taylor & Francis Group, 2021.
Book chapters on the topic "Legitimate grounds":
1
Malsukhum, Voraphol. "Influence of the Legal Cultures on Legitimate Expectations." In Legal Culture, Legality and the Determination of the Grounds of Judicial Review of Administrative Action in England and Australia, 215–47. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1267-1_6.
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Shlaim, Avi. "5. Reflections on the Israeli-Palestinian Conflict." In For Palestine, 69–82. Cambridge, UK: Open Book Publishers, 2023. http://dx.doi.org/10.11647/obp.0345.06.
Abstract:
In this chapter I argue that the state of Israel is legitimate, but only within its original boundaries and that the Palestinians are the main victims of the conflict, victims of Israeli colonialism. The history of the region over the last sixty years can be convincingly explained in terms of the strategy of the ‘iron wall’, first expounded by Jabotinsky, which advocates negotiation only from a position of unassailable strength. The basic deal of ‘land for peace’ expressed in UN Resolution 242 was sound, but never effectively implemented and Rabin, the only Israeli prime minister prepared to negotiate, was murdered. The recent, brutal onslaughts on Gaza give little grounds for optimism.
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Underwood, Peter. "Groups and their use." In Corporate Group Legitimacy, 18–47. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003424352-2.
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Baur, Dorothea. "NGOs, Interest Groups and Activists." In NGOs as Legitimate Partners of Corporations, 115–21. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-94-007-2254-5_11.
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Erixon, Fredrik. "The Shifting Grounds of Power and Legitimacy in the European Union." In Power, Legitimacy, and World Order, 74–85. London: Routledge India, 2023. http://dx.doi.org/10.4324/9781003385233-6.
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Kinnvall, Catarina, and Bo Petersson. "Diaspora Groups, Transnational Activism, and Democratic Legitimacy." In Legitimacy Beyond the State?, 130–50. London: Palgrave Macmillan UK, 2010. http://dx.doi.org/10.1057/9780230283251_7.
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Plowright, William. "Introduction." In Armed Groups and International Legitimacy, 1–35. Abingdon, Oxon ; New York, NY : Routledge, 2021. |: Routledge, 2020. http://dx.doi.org/10.4324/9781003127024-1.
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Plowright, William. "The study of legitimacy, norms, and armed conflict." In Armed Groups and International Legitimacy, 36–80. Abingdon, Oxon ; New York, NY : Routledge, 2021. |: Routledge, 2020. http://dx.doi.org/10.4324/9781003127024-2.
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Plowright, William. "Myanmar." In Armed Groups and International Legitimacy, 81–130. Abingdon, Oxon ; New York, NY : Routledge, 2021. |: Routledge, 2020. http://dx.doi.org/10.4324/9781003127024-3.
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Plowright, William. "Syria." In Armed Groups and International Legitimacy, 131–95. Abingdon, Oxon ; New York, NY : Routledge, 2021. |: Routledge, 2020. http://dx.doi.org/10.4324/9781003127024-4.
Conference papers on the topic "Legitimate grounds":
1
Ipatyev, Ivan R., and Konstantin V. Krinichansky. "Actual problems of regulation of the release and circulation of structured financial products." In Sustainable and Innovative Development in the Global Digital Age. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.pwgl5422.
Abstract:
The market of structured financial products in emerging economies is a young phenomenon which carries a number of disadvantages. In more developed financial systems in the United States and Europe, it operates in conditions of clearly functioning mechanisms for protecting the rights of consumers of financial services. Despite the efforts made by the Bank of Russia, the system of protection of the rights and legitimate interests of investors, especially individuals, remains incomplete in Russia. There are problems regarding the operation of the information disclosure system, the facts of insider information abuse and market manipulation. Frequent changes in legislation, as well as continuing legislative gaps, create uncertainty. Despite significant discrepancies in the interpretation of the term “structural product”, the grounds for fixing it in legislation and making it “legal” have not yet developed. A structural product, as an artificial or synthetic phenomenon, will be regulated through the application to it of norms relating, respectively, to contracts or securities from which such a product is formed. Also, when purchasing securities on the exchange, the rules on clearing settlements must be observed, and in some cases – on settlements with the participation of a central counterparty, whose functions are traditionally performed by non-bank credit organizations licensed to carry out clearing activities. The task of improving the regulatory framework in order to regulate the issue and circulation of structured products in Russia is especially relevant due to the rapid growth in the number of retail investors.
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Curagău, Natalia, and Angela Popovici. "Evolution of legislation on the consolidated accounts of financial-industrial groups." In International Scientific Conference “30 Years of Economic Reforms in the Republic of Moldova: Economic Progress via Innovation and Competitiveness”. Academy of Economic Studies of Moldova, 2022. http://dx.doi.org/10.53486/9789975155663.13.
Abstract:
The current legislation establishes the conditions for the creation, state registration, operation and liquidation of financial and industrial groups, the rights and obligations of their members, and also ensures the protection of the rights and legitimate interests of members of financial and industrial groups, including regulating the aggregation and presentation of information about the companies of the group in consolidated financial statements. The company that controls the financial and industrial group is liable for its obligations with all property belonging to it on the basis of property rights and is not responsible for the obligations of the members of the financial and industrial group. The specifics of the responsibility of the parent organization and members of the financial and industrial group are established in the agreement on the creation of the group.
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Životić, Ilija, and Ivan Pekić. "THE RELATIONSHIP BETWEEN CRIMINAL GROUPS AND PUBLIC FUNCTIONS." In SECURITY HORIZONS. Faculty of Security- Skopje, 2021. http://dx.doi.org/10.20544/icp.2.4.21.p15.
Abstract:
Some criminal groups take every opportunity to infiltrate legitimate businesses; other criminal groups aim to make profits through politics and close contact with senior officials leading governments, by tracking money through campaigning for elections at both the local and state level, then through misuse of state resources, by creating a criminal organization which does not stop from anything and anyone. In this scientific work we will discuss briefly on the case of the former and sole president of the State Union of Serbia and Montenegro until its dissemination in 2006, Svetozar Marovic. Marovic, even after admitting being the head of an organized crime group, and for this being sentenced to three years and ten months in prison, is still not serving his sentence today. The aim of the research in this work is to prove the hypothesis that criminal groups succeed in corrupting high holders of public office, making them criminals. The data collection and research technique will be to analyze the content of texts of legal and political documents, as well as available literature in this field, relevant internet sources and journals. Key words: Criminal groups, corruption, politics, criminal law, state power
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Reinfelds, Vadims. "Konstitucionālo tiesību aizskārumi tiesu praksē par mantas atzīšanu par noziedzīgi iegūtu." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.41.
Abstract:
Analysis of non-conviction based asset forfeiture laws, policies and court decisions leads to a conclusion that the fundamental human right to property is violated on a systemic scale – standards of proof fall below standard of preponderance of evidence established by current Criminal Law, leading to confiscation of assets without a proof of true criminal origin. Meanwhile, the proof of the criminal origin of assets in most cases is neither linked to the existence of a predicate crime, nor to the traceability of assets from such crime. De facto, in most cases the only sufficient ground for asset forfeiture is a transactional activity match to suspicious transaction methodology by FIU – the lowest possible level of standard of proof, not reaching even the standards of reasonable suspicion or probable cause. Moreover, it is made difficult to prove the legal origin of the property, restricting admission of evidence of legality, as well as presuming “that there should be no difficulty in proving legitimate origin”, regardless of the asset size, transaction history and objective capabilities of the owner.
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Hagerer, Ilse, and Uwe Hoppe. "German Universities as Actors in Organizational Design – A Qualitative Study." In Fifth International Conference on Higher Education Advances. Valencia: Universitat Politècnica València, 2019. http://dx.doi.org/10.4995/head19.2019.9333.
Abstract:
After the latest reforms in higher education according to the NPM (New Public Management), the autonomy of universities and the organizational perspective have been strengthened. According to predominantly used neo-institutional research in higher education, organizations adapt their structure by the pressure of legitimacy from outside. So the research question arises, if universities are actors and if so, what are the influencing factors on organizational structure. The goal is to point out the reasons for organizational design and if they act on their own or only adapt changes by pressure from outside. For this, interviews with 16 experts in faculty management are conducted and interpreted using qualitative content analysis according to Mayring and Grounded Theory. The results show that it is possible for faculties to change and design their organizational structures. There is staff responsible for this task. They work in the faculty between management and administration. Reasons to change the organizational structure are not caused by legitimacy. Much more, the new tasks cause a real need for new positions. This argumentation is not in line with neo-institutionalism. So the results strengthen the thesis that neo-institutionalism is not sufficient anymore to explain the organizational change of universities.
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Kohler, Rachel, John Purviance, and Kurt Luther. "Geolocating Images with Crowdsourcing and Diagramming." In Twenty-Seventh International Joint Conference on Artificial Intelligence {IJCAI-18}. California: International Joint Conferences on Artificial Intelligence Organization, 2018. http://dx.doi.org/10.24963/ijcai.2018/741.
Abstract:
Many types of investigative work involve verifying the legitimacy of visual evidence by identifying the precise geographic location where a photo or video was taken. Professional geolocation is often a manual, time-consuming process that can involve searching large areas of satellite imagery for potential matches. In this paper, we explore how crowdsourcing can be used to support expert image geolocation. We adapt an expert diagramming technique to overcome spatial reasoning limitations of novice crowds so that they can support an expert's search. In an experiment (n=540), we found that diagrams work significantly better than ground-level photos and allow crowds to reduce a search area by half before any expert intervention. We also discuss hybrid approaches to complex image analysis combining crowds, experts, and computer vision.
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Суханов, Е. В., and Е. В. Волкова. "Three examples of geometrical morphometry employment for earthenware vessel shapes study (On the opportunities and limitations of method)." In ФОРМЫ ГЛИНЯНЫХ СОСУДОВ КАК ОБЪЕКТ ИЗУЧЕНИЯ. Crossref, 2018. http://dx.doi.org/10.25681/iaras.2018.978-5-94375-254-4.214-227.
Abstract:
The geometrical morphometry represents a modern method of statistical analysis of objects’ morphology. The article is dedicated to discussion of opportunities and limitations of geometrical morphometry methods for study of earthenware shapes. The article deals with three examples of geometrical morphometry use for analysis of vessel shapes study in solving research problems of various complexity. Every of these examples differs in amount of known source data on objects of study. In the first example results of analysis of two types of early Byzantine amphorae forms are considered. By dint of geometrical morphometry it became possible to establish legitimacy of these types detachment and to explain that the principal differences between these types consist in the general proportionality of vessels. In the second example 252 shapes of vessels from the Balanovo burial ground of the Bronze Age are analyzed. An attempt is undertaken to detach peculiarities of shapes specific to two culturally different groups of population that left the burial ground. We succeeded in solving the task with the aid of geometrical morphometry in about a half of cases. In the third example an attempt is made to determine earthenware produced by different potters. For that purpose 30 vessels made by 6 professional potters of high skills and 15 vessels made by three potters who had no stable skills of earthenware production were used. In result of geometrical morphometry method application several conditional arrays of vessels have been detached. As it happens, vessels that have virtually nothing in common in their morphology, technology of production and skill level of potters who made the vessels allotted these arrays. Data considered allow making the conclusion that the biggest efficiency of geometrical morphometry application is achieved in search of peculiarities built in general proportionality of earthenware shapes. But an inefficiency of geometrical morphometry method is marked in solution of more complicated tasks related to analysis of detailed peculiarities of vessel outlines. The results obtained put in question possibilities to consider the geometrical morphometry as a sound method of archeological vessel shapes study.
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Karbowski, Jakub, and Jedrzej Minda. "USING A DRONE TO DETECT PLANT DISEASE PATHOGENS." In 22nd International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022v/3.2/s14.53.
Abstract:
Today, drones are already widely used in agriculture and forestry. Drones can help spray plants, take surface measurements, and estimate the damage caused by adverse weather conditions or wild animals. Drones can also be used in caring for the condition of crops. Traditional methods of detecting threats related to plant disease are time-consuming and ineffective. Thanks to the use of drones equipped with appropriate vision systems, it is possible to carry out quick and precise control of the condition of the plants. The article proposes a system for detecting plant pathogens using a drone. The concept of the proposed solution and the methodology of plant monitoring is described. The use of multiple neural network architectures is presented. Credible model performance metrics are described, thanks to the use of various datasets. In addition, the article presents the results of the developed algorithm on the testing ground. The conducted research confirmed the legitimacy and validity of the use of drones in the monitoring of forest crops and ecosystems.
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PRZYBYŁ, W. "Research on the Effectiveness of a Visual Protection of Military Objects in Field Conditions and in a Virtual Environment." In Quality Production Improvement and System Safety. Materials Research Forum LLC, 2023. http://dx.doi.org/10.21741/9781644902691-44.
Abstract:
Abstract: The article presents two methodologies for testing the effectiveness of camouflaging military equipment. The tested objects were camouflaged with deforming camouflage dedicated to the environment and season. The tests covered the visible spectrum and were carried out both in real conditions - training ground, and in a virtual environment – on a specially prepared calibrated stand, characterized by compliance with real conditions and human perception of vision – presented colors, as well as in terms of the amount of information and detail rendering. These two test methods were compared, attention was drawn to the high correlation of results and to some characteristic properties of both separately. The work confirms the legitimacy of developing and improving virtual research methods as supporting in the design and testing of modern camouflage patterns, especially at the initial stage of pattern design. It can also be useful when assessing masking systems in other ranges of electromagnetic radiation: UV, near infrared, or thermal range.
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Aslandogan, Y. Alp, and Bekir Cinar. "A SUNNI MUSLIM SCHOLAR’S HUMANITARIAN AND RELIGIOUS REJECTION OF VIOLENCE AGAINST CIVILIANS." In Muslim World in Transition: Contributions of the Gülen Movement. Leeds Metropolitan University Press, 2007. http://dx.doi.org/10.55207/yynr3033.
Abstract:
This paper analyses the multi-faceted response of a Sunni-Hanafi scholar, Fethullah Gülen, to the phenomenon of violence against civilians under a religious rhetoric. Gülen’s response involves four components: (a) humanitarian, (b) religious, (c) political or realist, and (d) practical/educational. (a) Gülen categorically condemns acts of violence against innocent non-combatants including women and children as inhuman. (b) Gülen sets out the principles of Islamic jurisprudence that invalidate any declaration of war by individuals or groups: hence, such self-declared wars under the banner of Islam cannot be regarded as legitimate. He refutes ‘the end justifies the means’ argument, calling it a Marxist-Communist rhetoric, with no Islamic justification whatever. (c) While discussing misunderstanding, misrepresentation and abuse of religious texts, Gülen hints at the presence of individuals, interest groups, and other entities that benefit from friction and violent conflict. He suggests that the possibility should be considered that some individuals have been manipulated, perhaps even ‘hypnotised’ through special drugs, to carry out actions they would otherwise not carry out. (d) Gülen offers practical approaches to rooting out the problem of hate-mongering and violent conflict. The underlying dynamic of this approach is to provide, through education, mutual understanding, respect, opportunity and hope. Only educational institutions that foster inter- faith and intercultural dialogue, mutual understanding and respect, and offer hope of upward mobility, can provide lasting solutions. Concepts such as ‘love of creation due to the Creator’ can be located in every culture and spiritual tradition. Gülen’s own emphasis on Islamic spirituality provides an example that is particularly significant for Muslims: his argument against terrorism and for peaceful interfaith relations is based upon the authoritative view of the Sunni tradition, to which 90% of the world’s Muslims adhere.
Reports on the topic "Legitimate grounds":
1
Matfess, Hilary. Brokers of Legitimacy: Women in Community-Based Armed Groups. RESOLVE Network, June 2020. http://dx.doi.org/10.37805/cbags2020.1.
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Bandula-Irwin, Tanya, Max Gallien, Ashley Jackson, Vanessa van den Boogaard, and Florian Weigand. Beyond Greed: Why Armed Groups Tax. Institute of Development Studies, August 2023. http://dx.doi.org/10.19088/ictd.2023.044.
Abstract:
Armed groups tax. Journalistic accounts often have a tone of surprise about this fact, while policy reports tend to strike a tone of alarm, highlighting the link between armed group taxation and ongoing conflict. Policymakers often focus on targeting the mechanisms of armed group taxation as part of their conflict strategy, often described as ‘following the money’. We argue that what is instead needed is a deeper understanding of the nuanced realities of armed group taxation, the motivations behind it, and the implications it has for an armed group’s relationship with civilian and diaspora populations, as well as the broader international community. We build on two distinct literatures, on armed groups and on taxation, to provide the first systematic exploration into the motivation of armed group taxation. Based on a review of the diverse practices of how armed groups tax, we highlight that a full account of the groups’ motivations needs to go beyond revenue motivations, and engage with key themes around legitimacy, control of populations, institution building, and the performance of public authority. Summary of Working Paper 131.
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Bandula-Irwin, Tanya, Max Gallien, Ashley Jackson, Vanessa van den Boogaard, and Florian Weigand. Beyond Greed: Why Armed Groups Tax. Institute of Development Studies (IDS), November 2021. http://dx.doi.org/10.19088/ictd.2021.021.
Abstract:
Armed groups tax. Journalistic accounts often include a tone of surprise about this fact, while policy reports tend to strike a tone of alarm, highlighting the link between armed group taxation and ongoing conflict. Policymakers often focus on targeting the mechanisms of armed group taxation as part of their conflict strategy, often described as ‘following the money’. We argue that what is instead needed is a deeper understanding of the nuanced realities of armed group taxation, the motivations behind it, and the implications it has for an armed group’s relationship with civilian and diaspora populations, as well as the broader international community. This paper builds on two distinct literatures, on armed groups and on taxation, to provide the first systematic exploration into the motivation of armed group taxation. Based on a review of the diverse practices of how armed groups tax, we highlight that a full account of their motivation needs to go beyond revenue collection, and engage with key themes around legitimacy, population control, institution building, and the performance of public authority. We problematise common approaches towards armed group taxation and state-building, and outline key questions of a new research agenda.
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Mayes, Robyn, Bree Hurst, and Amelia Hine. PREDICT: Principles of Good Mining Checklist. Queensland University of Technology, July 2021. http://dx.doi.org/10.5204/rep.eprints.212047.
Abstract:
CONTEXT: Social Licence to Operate (SLO) encompasses the broad socio-political understanding on the part of multiple stakeholders that a mining operation’s social and environmental impacts and measures are legitimate and acceptable. The multiple and variously interacting stakeholder groups— local communities, environmental actors, Indigenous communities, regulators, local governments, industry peak bodies, financiers, affiliated businesses—have the proven capacity to confer and/or disrupt a mining operation’s SLO. The presence or absence of a SLO can have significant consequences not only for stakeholder groups, including the mining operation, but also for the shared development of a good mining future. Conceptualisation of what is ‘good mining’ is central to future planning and decisions around development, adoption and reception of new technologies and sustainable mining futures. CHECKLIST PURPOSE This first of its kind tool seeks to facilitate genuine multistakeholder interactions and development of a dynamic shared SLO to advance good mining.
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Thakur, Shalaka. Not-So-Freeway: Informal Highway Taxation and Armed Groups in North-East India. Institute of Development Studies, November 2023. http://dx.doi.org/10.19088/ictd.2023.057.
Abstract:
What are the effects of rebel taxation? Along arterial roads in north-east India, various non state armed groups collect ‘tax’ – of different types and amounts, with varied degrees of coercion and systematisation. Based on extensive fieldwork, including 100 interviews with non-state armed groups, businesspeople and state actors, this paper uses the lens of the transit economy in the Indian state of Manipur along the Indo-Myanmar border to identify the long-term effects of rebel taxes and the taxation ecosystem. It finds that taxation by armed groups shapes the business environment, has pervasive implications on the legitimacy of state governance, and creates a political order that lies between active conflict and peace. The paper further shows that these effects of rebel taxation can be best understood through an interplay of institutional factors, the number of groups present, and the relationship between the state and rebel groups.
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Lyammouri, Rida. Central Mali: Armed Community Mobilization in Crisis. RESOLVE Network, November 2021. http://dx.doi.org/10.37805/cbags2021.4.
Abstract:
The proliferation of community-based armed groups (CBAGs) in Mali’s Mopti and Ségou Regions has contributed to transforming Central Mali into a regional epicenter of conflict since 2016. Due to the lack of adequate presence of the state, certain vulnerable, conflict-affected communities resorted to embracing non-state armed groups as security umbrellas in the context of inter-communal violence. These local conflicts are the result of long-standing issues over increasing pressure on natural resources, climate shocks, competing economic lifestyles, nepotistic and exclusionary resource management practices, and the shifting representations of a segregated, historically constructed sense of ethnic identities in the region. This report untangles the legitimacy of armed groups, mobilizing factors, and the multi-level impact of violence implicating CBAGs. It further explores the relations amongst different actors, including the state, armed groups, and communities. The findings provide relevant insight for context-specific policy design toward conflict resolution and hybrid security governance.
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Telep, Cody W., and David Weisburd. Police and the Microgeography of Crime: Scientific Evaluations on the Effectiveness of Hot Spots and Places. Inter-American Development Bank, February 2014. http://dx.doi.org/10.18235/0010567.
Abstract:
This Technical Note suggests that the focus of policing should be on very small geographic units of analysis, such as street segments or small groups of street blocks. Crime at place is not simply a proxy for larger area or community effects; indeed, basic research evidence suggests that crime primarily occurs at very small geographic units of place. This research is reinforced by strong experimental evidence of the effectiveness of place-based policing in reducing crime and disorder so as not to displace crime to nearby areas. In addition, the perception of legitimacy should be a key component of place-based policing programs.
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Hessini, Leila. Living on a Fault Line: Political Violence Against Women in Algeria. Population Council, 1996. http://dx.doi.org/10.31899/pgy1996.1005.
Abstract:
This study raises three questions to better comprehend the crisis women face in Algeria today: how are the state and the opposition groups addressing and defining women’s contemporary status, what is the link between women’s status and violence against them, and what are the tactics both of resistance and accommodation that Algerian women are using to survive in such a context? Throughout this study, the term “Islamic Fundamentalists” refers to movements and people in Algeria who use the “recovery” of early principles of the Ideal Muslim Community to develop their idea of a future Islamic “social order,” with the ultimate desire of achieving political power, often using violent means. This study discusses the general characteristic of these movements and the surge of political Islam in post-independence Algeria. This study investigates how violence—or the threat thereof—has become acceptable as a legitimate instrument to control women and force them to conform to a vision of an “Ideal Islamic Society.” As this report states, this type of violence, unlike state violence, is exclusively perpetuated by members of militant Islamist movements.
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Bergsen, Pepijn, Leah Downey, Max Krahé, Hans Kundnani, Manuela Moschella, and Quinn Slobodian. The economic basis of democracy in Europe: structural economic change, inequality and the depoliticization of economic policymaking. Royal Institute of International Affairs, September 2022. http://dx.doi.org/10.55317/9781784135362.
Abstract:
- To understand contemporary challenges to European democracy, it is crucial to look beyond the surface of politics and consider the deeper relationship between democracy and the economy. Instead of focusing exclusively on the rise of ‘populism’, it is necessary to acknowledge the multiplicity of threats to European democracy, in particular those arising from the structure of European economies and economic policymaking. - Understanding these weaknesses in the functioning of European democracies is crucial to an effective approach to future economic transformations, in particular the green transition, but also for dealing effectively and equitably with challenges such as higher inflation. It is important that the relevant policy changes and responses are democratically legitimate and do not foster the kind of political backlash that previous economic transformations did. - Over the past 40 years, economic inequality – ranging from income inequality to discrepancies in wealth and economic security – has widened throughout developed economies. In turn, these developments have generated increasing political inequality, as economic policymaking has served the interests of the well-off. - Democratic systems have also been made less responsive to electorates through the ‘depoliticization’ of policymaking, in particular economic policy, as a result of its insulation from national-level democratic scrutiny. The expansion of technocratic modes of governance – notably through independent central banks and EU-level institutions – has in many cases entrenched the policy preferences of specific groups in institutions removed from direct democratic control. - As this depoliticization has to a large extent made democratic contestation over economic policy redundant, politics has increasingly been polarized around ‘cultural’ questions. But such a focus on culture is unlikely to address the inequalities behind the dysfunction of democracies in Europe. - Strengthening European democracy requires a ‘repoliticization’ of economic policymaking, including both fiscal and monetary policymaking. In the specific context of the EU, this would mean opening up more policy space for national decision-makers and parliaments – in particular by giving them a more influential role in fiscal policy, and by making monetary policy more democratic.
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Lewis, Dustin, ed. Database of States’ Statements (August 2011–October 2016) concerning Use of Force in relation to Syria. Harvard Law School Program on International Law and Armed Conflict, May 2017. http://dx.doi.org/10.54813/ekmb4241.
Abstract:
Many see armed conflict in Syria as a flashpoint for international law. The situation raises numerous unsettling questions, not least concerning normative foundations of the contemporary collective-security and human-security systems, including the following: Amid recurring reports of attacks directed against civilian populations and hospitals with seeming impunity, what loss of legitimacy might law suffer? May—and should—states forcibly intervene to prevent (more) chemical-weapons attacks? If the government of Syria is considered unwilling or unable to obviate terrorist threats from spilling over its borders into other countries, may another state forcibly intervene to protect itself (and others), even without Syria’s consent and without an express authorization of the U.N. Security Council? What began in Daraa in 2011 as protests escalated into armed conflict. Today, armed conflict in Syria implicates a multitude of people, organizations, states, and entities. Some are obvious, such as the civilian population, the government, and organized armed groups (including designated terrorist organizations, for example the Islamic State of Iraq and Syria, or ISIS). Other implicated actors might be less obvious. They include dozens of third states that have intervened or otherwise acted in relation to armed conflict in Syria; numerous intergovernmental bodies; diverse domestic, foreign, and international courts; and seemingly innumerable NGOs. Over time, different states have adopted wide-ranging and diverse approaches to undertaking measures (or not) concerning armed conflict in Syria, whether in relation to the government, one or more armed opposition groups, or the civilian population. Especially since mid-2014, a growing number of states have undertaken military operations directed against ISIS in Syria. For at least a year-and-a-half, Russia has bolstered military strategies of the Syrian government. At least one state (the United States) has directed an operation against a Syrian military base. And, more broadly, many states provide (other) forms of support or assistance to the government of Syria, to armed opposition groups, or to the civilian population. Against that backdrop, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) set out to collect states’ statements made from August 2011 through November 2016 concerning use of force in relation to Syria. A primary aim of the database is to provide a comparatively broad set of reliable resources regarding states’ perspectives, with a focus on legal parameters. A premise underlying the database is that through careful documentation of diverse approaches, we can better understand those perspectives. The intended audience of the database is legal practitioners. The database is composed of statements made on behalf of states and/or by state officials. For the most part, the database focuses on statements regarding legal parameters concerning use of force in relation to Syria. HLS PILAC does not pass judgment on whether each statement is necessarily legally salient for purposes of international law. Nor does HLS PILAC seek to determine whether a particular statement may be understood as an expression of opinio juris or an act of state practice (though it might be).