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1
Huls, Nicolaas Jacob Herman, 1949-, Adams Maurice 1964- i Bomhoff J, red. The legitimacy of highest courts' rulings: Judicial deliberations and beyond. The Hague, The Netherlands: T.M.C. Asser Press, 2009.
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Huls, Nicolaas Jacob Herman, 1949-, Adams Maurice 1964- i Bomhoff J, red. The legitimacy of highest courts' rulings: Judicial deliberations and beyond. The Hague, The Netherlands: T.M.C. Asser Press, 2009.
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L, Brooks Roy. Diversity Judgments: Democratizing Judicial Legitimacy. University of Cambridge ESOL Examinations, 2021.
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L, Brooks Roy. Diversity Judgments: Democratizing Judicial Legitimacy. Cambridge University Press, 2021.
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L, Brooks Roy. Diversity Judgments: Democratizing Judicial Legitimacy. University of Cambridge ESOL Examinations, 2021.
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The relationship between moral reasoning maturity and legitimacy judgments about gender stratification in a youth sport context. 1993.
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Gibson, James L., i Michael J. Nelson. Change in the Legitimacy of the U.S. Supreme Court. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190865214.003.0006.
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Positivity Theory suggests that increased exposure to the symbols of judicial authority stimulates positive associations within individuals that help courts build and maintain their legitimacy. Indeed, recent research suggests that exposure to the symbols of judicial authority negates the linkage between decisional disappointment and changes in judgments of institutional legitimacy. However, this research has been conducted on predominantly white samples and fails to account for the possibility that individuals’ group attachments and experiences with legal authorities might affect the extent to which they update their diffuse support for a court in response to a displeasing decision. We therefore examine changes in legitimacy, relying on a nationally-representative survey experiment. The results indicate that respondents are particularly likely to withdraw support from the Court under the condition of seeing the symbols of judicial authority if they have negative personal experiences with the police, and if they are both particularly disappointed in the decision and do not have any strong group attachments.
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Saito, Yuriko. Challenges and Responses to Everyday Aesthetics. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199672103.003.0002.
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Everyday aesthetics is often criticized for lacking aesthetic credentials. Its legitimacy as a discourse is questioned because proximal senses, experiences gained while engaging in an activity, and qualities other than beauty and sublimity are included in its purview. Inclusion of these items is considered to deny a clear ‘object’ of aesthetic appreciation, the possibility of objective judgments, and profundity of aesthetic experience. Excluding them, however, does not do justice to the rich and multifaceted contents of everyday aesthetic life. Phenomenological description, instead of the judgment-oriented and objectivity-seeking discourse, is more appropriate for exploring some dimensions of everyday aesthetic life. In addition, while possibly lacking the same degree of profundity and intensity of beauty and sublimity, the popular appeal of easily recognizable aesthetic qualities deserves to be investigated because of their prevalence and frequent manipulation for commercial and political purposes.
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Follesdal, Andreas, i Geir Ulfstein, red. The Judicialization of International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198816423.001.0001.
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International relations are increasingly judicialized by the increasing number of international courts and tribunals. On the one hand this judicialization of international law is hailed as a glimmer of more effective and legitimate world governance promoting human rights, justice, and peace. On the other hand critics highlight how sovereignty is increasingly constrained by international courts, and question the effectiveness, legitimacy, and future potential of these courts and tribunals. This book maps and assesses this development and the mixed reactions thereto, presenting the aspirations which international courts and tribunals (ICs) are living up to, and where they fall short. The first Part provides a general frame for these legitimacy concerns. It discusses the general functions of ICs; how they are governed; and possible alternatives to ICs. The second Part considers how the ICs appear to present their judgments in ways that legitimize them vis-à-vis states and other stakeholders; their inner workings; as well as their law-making role. The following Parts consider the various forms of backlash several of the ICs experience, and how the ICs, states, and civil society seek to respond to these challenges. The last Part deals with the fragmentary character of the international judiciary. An epilogue looks to the future of international judicialization.
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Luban, David. Knowing When Not to Fight. Redaktorzy Seth Lazar i Helen Frowe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199943418.013.20.
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Should military personnel (‘soldiers’) become selective conscientious objectors to an unjust war? This chapter argues, first, that in most cases the fog of war and politics makes it unreasonable to expect soldiers to make fact-intensive judgments about whether the war is just. Second, it argues that even a just-war tribunal, of the sort proposed by Jeff McMahan, will not do the job. It will inevitably lack the legitimacy and fact-finding capacity necessary to reassure soldiers in such a weighty decision. Third, the moral importance of maintaining civilian control of the military means that soldiers should generally obey orders to deploy. Fourth, however, absolute deference to leaders and commanders is morally unacceptable. The chapter defends an intermediate view advanced centuries ago by Cajetan, Suárez, and Vitoria: soldiers must not fight in an unjust war, but may defer to civilian leaders’ judgment of just cause unless the injustice is manifest.
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Tyler, Tom R., i Rick Trinkner. The Development of Legal Reasoning. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190644147.003.0005.
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The cognitive developmental model of legal socialization is discussed in chapter 5. This approach emphasizes the development of legal reasoning and focuses on how such thinking shapes legal judgments about the purpose of laws, how legal authority should be used, and whether people should feel obligated to obey legal institutions. Basically, legal reasoning provides a framework to understand the nature of society and the requirements of social order, leading to judgments about the legitimacy of the law. Building on Kohlberg’s work in moral development, the legal reasoning perspective argues that people develop increasingly abstract and sophisticated models of the relationship between society and the law with respect to the position and duties of the law and the responsibilities and obligations of citizens. This provides a basis for understanding when to follow appropriate laws and when to violate laws viewed as unjust or unprincipled.
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Oddie, Graham. Value Perception, Properties, and the Primary Bearers of Value. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786054.003.0013.
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This chapter argues for a value appearance thesis: that there are value appearances, that these serve as evidence for evaluative beliefs and judgments, and that felt desires and preferences are just such appearances of value. It is often assumed that states of affairs are both the objects of desire and the bearers of value but this assumption, combined with the value appearance thesis, gives rise to the familiar problem of the legitimacy of agent-relative preferences. However, if both value bearers and the objects of desire are states of being—or properties—then the problem of agent-relativity can be neatly solved.
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Grimm, Dieter. The Democratic Costs of Constitutionalization— The European Case. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805120.003.0005.
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This chapter examines the democratic costs of constitutionalization by focusing on the European case. It first considers the interdependence of democracy and constitutionalism before discussing how constitutionalization can put democracy at risk. It then explores the tension between democracy and fundamental rights, the constitutionalization of the European treaties, and the European Court of Justice’s (ECJ) two separate judgments regarding the relationship between European law and national law. It also assesses the impact of the ECJ’s jurisprudence on democracy, especially in the area of economic integration. The chapter argues that the legitimacy problem the EU faces is caused in part by over-constitutionalization and that the remedy to this problem is re-politicization of decisions with significant political implications.
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Moral judgment and the perceived legitimacy of injurious acts among collegiate athletes. 1992.
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Moral judgment and the perceived legitimacy of injurious acts among collegiate athletes. 1992.
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Grimm, Dieter. On the Status of the EU’s Democratic Legitimacy after Lisbon. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805120.003.0004.
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This chapter examines the status of the EU’s democratic legitimacy after Lisbon: the treaty, which forms the legal foundation of the EU, and the 2009 judgment of the German Federal Constitutional Court, which declared that the German law ratifying the treaty was compatible with the Basic Law, Germany’s constitution. One of the Lisbon Treaty’s declared goals is to strengthen European democracy. This chapter first considers the levels of creating and organizing European public authority and the exercise of European public authority before discussing the European Parliament’s limited role in terms of approving decisions. It then asks whether the notion that EU is democratically deficient is accurate, suggesting that the necessary degree of democratization in the EU depends on the scope of its powers and on the extent of its autonomy from the Member States. Finally, it explores the question of de-legitimation through Europe’s democratic deficit.
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Raimondi, Guido. Introductory Note. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0027.
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This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.
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Buroker, Jill Vance. Kant on Judging and the Will. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198724957.003.0011.
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Kant’s Critical philosophy depends on the distinction between theoretical and practical reason, which he borrowed from Aristotle. But unlike Aristotle Kant claims that theoretical reason is subordinate to practical reason. This raises the possibility that theoretical judging could be a voluntary activity. This chapter investigates Kant’s view of the relation between theoretical judgments and the will. Based on Andrew Chignell’s recent work, it is argued that Kant recognizes the legitimate direct use of the will only in judgments he labels Belief (Glaube). With respect to Knowledge, his position is identical to Descartes’s position on clear and distinct perception. An analysis of Kant’s voluntarism regarding the activities of theoretical reason provides a model for subordinating theoretical reason to practical reason.
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Gordon, Gregory S. Problems Regarding the Crime of Direct and Public Incitement to Commit Genocide. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190612689.003.0006.
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Chapter 5 reveals the intrinsic ambiguity and incoherence within the incitement to genocide framework. It identifies four primary problems with the framework, as laid out in the ICTR foundational cases: (1) inadequate explanation of the scope of the “direct” element; (2) a deficient definition of the “public” criterion; (3) failure to identify the essential components of “incitement”; and (4) an inconsistent and incoherent treatment of “causation.” Moreover, the Media Case Trial Chamber judgment offered a basic doctrinal base to which, in theory, future decisions could return as a point of repair and build on as a platform for incitement’s normative development. Unfortunately, as this chapter demonstrates, subsequent cases, including Mugesera v. Canada (2005), the Media Case Appeals Chamber judgment (2007), and Prosecutor v. Bikindi (2008), have failed to do that. Thus, the current iteration of incitement fails to promote deterrence and could be manipulated by authoritarian governments to suppress legitimate expression.
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Chintan, Chandrachud. Part II Negotiating Constitutionalism, Ch.5 Constitutional Interpretation. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0005.
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This chapter examines the question of interpretation with regard to the Indian Constitution. It begins with an overview of two meta-judgments underlying constitutional interpretation, the first of which relates to the legitimate source of the Constitution’s authority and the second to the tools and techniques that can be relied upon in order to expound constitutional meaning. It then considers the three historical phases of the Indian Supreme Court’s interpretive philosophy: textualism, structuralism and ethicalism, and panchayati eclecticism. It also explains how the Court started deciding cases based on self-conceptions of its own role, resulting in the adoption of various interpretive approaches that are not only incongruent, but also often producing incoherent constitutional jurisprudence.
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George A, Bermann. 6 Jurisdiction: Courts vs. Arbitrators. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198753483.003.0007.
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This chapter assesses the allocation of authority in New York, a matter largely governed, in view of its subject, by federal law. It examines the different scenarios in which the question arises, attempting to describe the degree of independent judgment or deference that courts and arbitrators exercise in each scenario. Determining the existence and scope of arbitral jurisdiction is crucial to the legitimacy of an arbitration, which, after all, is a matter of contract. It follows that a court, if called upon to enforce an arbitration agreement or award, should first assure itself that the parties could—and, indeed, did—consent to arbitral jurisdiction. The more difficult questions relate to when such judicial inquiry should occur, how vigorous it should be, and what issues fall within its scope.
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Grimm, Dieter. The Basic Law as a Barrier against a Transformation of the EU into a State. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805120.003.0011.
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This chapter examines how Germany’s Basic Law can prevent the transformation of the European Union into a state. It begins with a discussion of the German Federal Constitutional Court’s (Bundesverfassungsgericht) 2009 decision on the compatibility of the Lisbon Treaty with the Basic Law. In particular, it highlights the message of the Bundesverfassungsgericht’s judgment: that European integration will not be hindered by Germany but finds it limits in the Basic Law. It then explains why, on the side of the EU, the German Court puts so much weight on the treaty character of the EU’s legal basis and why, on the side of the Member States, much emphasis is placed on sovereignty. It also considers the question of whether Germany would be allowed to join a federal European state if its democratic legitimacy were at the level required by Article 79(3) Basic Law.
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Trevor C, Hartley. Part IV Procedural and Systemic Issues, 23 Choice-of-Court Agreements: Jurisdictional Conflicts. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0023.
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This chapter considers the problems that arise when an exclusive choice-of-court agreement, which is claimed to be valid, designates a court or the courts of one Member State (the ‘designated’ court), and proceedings are brought in another court (the ‘non-designated’ court). The basic aspects of choice-of-court agreements were discussed in Chapter 13. The chapter now deals with the interaction of these rules with the rules concerning <i>lis pendens</i>, the recognition of judgments, and other matters. It concludes that the only legitimate mechanism for ensuring respect for an exclusive choice-of-court agreement within the EU context is that provided by Brussels 2012, Article 31(2); both antisuit injunctions and actions for damages for ‘wrongful’ litigation are contrary to EU law.
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Mackenzie, Simon, i Donna Yates. What Is Grey about the “Grey Market” in Antiquities? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198794974.003.0004.
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The global market in antiquities has been described as a grey market. We provide a breakdown of the meanings and implications of this greyness. Usually the term refers to the mixing of recently looted antiquities with those that can be sold legally, thus the antiquities market is grey because illicit objects are sold via a public and purportedly legitimate network of dealers and auction houses. This is supported by a second form of greyness: the ethically grey status of individual looted objects after time and their passage through jurisdictions via multiple trades obscures or overwrites their illicit origins. It is also supported by a greying of ethical judgment, achieved through a discourse that permits the purchase of illicit objects in constructed circumstances of “saving” or “preserving” artifacts.
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Stanley, Gordon. Accreditation and Assessment in Vocational Education and Training. Redaktorzy John Buchanan, David Finegold, Ken Mayhew i Chris Warhurst. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199655366.013.6.
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Vocational education and training has emerged from traditional industry and technical training into a vigorous post-compulsory education sector focused on satisfying the ever-changing demands of today’s employers. This chapter considers issues around the accreditation and regulation of providers and the assessment and certification of outcomes. Quality and comparability of outcomes has been a common concern for regulatory regimes. The front-end emphasis of training assessors and the requirement for workplace assessment contexts is designed to align with employer needs. However there are legitimate concerns about the consistency of judgments. Competency based assessment (CBA) has been the dominant assessment model and contrasts with the traditional assessment approach in general education. However the more recent standards-referenced assessment movement in the latter sector suggests ways in which assessment approaches are converging. Employability and 21st century skills reinforce the interest in developing generic skills in all sectors of education.
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Norris, Pippa. In Praise of Skepticism. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780197530108.001.0001.
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Abstract A culture of trust is usually claimed to have many public benefits, by lubricating markets, managing organizations, legitimating governments, and facilitating collective action. If so, any signs of eroding trust are, and should be, a matter of serious concern. But the broader perspective developed in this book recognizes that trust has two faces, not one. Confidence in anti-vax theories has weakened herd immunity. Faith in Q-Anon conspiracy theories triggered violent insurrection. Disasters flow from gullible beliefs in fake Covid-19 cures, Madoff pyramid schemes, Putin’s claim to denazify Ukraine, and the Big Lie denying President Biden’s legitimate election. Trustworthiness involves an informal social contract by which principals authorize agents to act on their behalf in the expectation that they will fulfill their responsibilities with competency, integrity, and impartiality, despite conditions of risk and uncertainty. Skeptical judgments reflect reasonably accurate and informed predictions about agents’ future actions based on their past performance and guardrails deterring dishonesty, mendacity, and corruption. We should trust but verify. Unfortunately, assessments are commonly flawed. Both cynical beliefs (underestimating performance) and credulous faith (overestimating performance) involve erroneous judgments reflecting cultural biases, poor cognitive skills, and information echo chambers. These conclusions draw on new evidence from the European Values Survey/World Values Survey conducted among over 650,000 respondents in more than 100 societies over four decades. In Praise of Skepticism warns that an excess of credulous trust poses serious and hitherto unrecognized risks in a world full of seductive demagogues playing on insecurities, lying swindlers exploiting greed, and silver-tongued conspiracy theorists manipulating the darkest fears.
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Fairchild, Amy L., i Ron Bayer. Public Health with a Punch: Fear, Stigma, and Hard-Hitting Media Campaigns. Redaktorzy Brenda Major, John F. Dovidio i Bruce G. Link. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190243470.013.25.
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The conventional perspective that fear is a bad motivator for behavioral change, so critical to public health, is both an empirical observation and a moral judgment. This chapter challenges the belief that fear cannot work and is, indeed, counterproductive. The chapter then turns to the ethical debate, which for years was shaped by bioethics. The chapter concludes by arguing that the perspective of bioethics, so centrally concerned with the individual, provides an inadequate moral frame for thinking about fear-based campaigns. Instead, the chapter proposes the notion of public health ethics, which has as its grounding principle the enhancement of population well-being. Fear-based campaigns may be morally legitimate once the population benefits are clearly articulated and the potential social costs carefully evaluated in a process that is open, transparent, and engages the populations toward whom fear-based campaigns will be directed.
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Benhabib, Seyla. Exile, Statelessness, and Migration. Princeton University Press, 2018. http://dx.doi.org/10.23943/princeton/9780691167251.001.0001.
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This book explores the intertwined lives, careers, and writings of a group of prominent Jewish intellectuals during the mid-twentieth century—in particular, Theodor Adorno, Hannah Arendt, Walter Benjamin, Isaiah Berlin, Albert Hirschman, and Judith Shklar, as well as Hans Kelsen, Emmanuel Levinas, Gershom Scholem, and Leo Strauss. Informed by their Jewish identity and experiences of being outsiders, these thinkers produced one of the most brilliant and effervescent intellectual movements of modernity. The book's starting point is that these thinkers faced migration, statelessness, and exile because of their Jewish origins, even if they did not take positions on specifically Jewish issues personally. The sense of belonging and not belonging, of being “eternally half-other,” led them to confront essential questions: What does it mean for the individual to be an equal citizen and to wish to retain one's ethnic, cultural, and religious differences, or perhaps even to rid oneself of these differences altogether in modernity? The book isolates four themes in their works: dilemmas of belonging and difference; exile, political voice, and loyalty; legality and legitimacy; and pluralism and the problem of judgment. Surveying the work of influential intellectuals, Exile, Statelessness, and Migration recovers the valuable plurality of their Jewish voices and develops their universal insights in the face of the crises of this new century.
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Frank, Jason. The Democratic Sublime. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190658151.001.0001.
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The transition from royal to popular sovereignty during the age of democratic revolutions—from 1776 to 1848—entailed not only the reorganization of institutions of governance and norms of political legitimacy, but also a dramatic transformation in the iconography and symbolism of political power. The representational difficulties posed by the replacement of the personal and external rule of the king, whose body was the tangible locus of authority, with the impersonal and immanent self-rule of the people, whose power could not be incontestably embodied, went beyond questions of institutionalization and law into the aesthetic realm of visualization, composition, and form. How to make the people’s sovereign will tangible to popular judgment was—and is—a crucial problem of democratic political aesthetics. This book explores how the revolutionary proliferation of popular assemblies—crowds, demonstrations, gatherings of the “people out of doors”—mediated and gave tangibility to the people manifesting itself as a collective actor capable of enacting dramatic political reforms and change. During the age of democratic revolutions, popular assemblies became privileged sites of democratic representation because they at once claim to represent the people while also signaling the material plenitude beyond any representational claim. They retain this power in part because popular assemblies make manifest that which escapes representational capture; they rend a tear in the established representational space of appearance and draw their power from tarrying with the ineffability and resistant materiality of the people’s will. During the age of democratic revolutions, popular assemblies became the locus of the democratic sublime.