Social and Behavioral Sciences Commons^™

Theorising Political Legitimisation: From Stasis To Processes, Paddy Dolan, Stephen Vertigans, John Connolly

Articles

Legitimacy remains a key concept in political sociology, and perhaps even more so in lay understandings of political processes and structures, as evidenced by conflict over territories and regimes around the world. However, the concept suffers from a rather static representation, and even when addressed in processual form, in terms of specific moments in the process, such as conditions favouring legitimacy or its effects. Building from an Eliasian perspective, we argue for a more processual concept of legitimisation to encompass the dynamic social networks (figurations) that constitute the more unintentional context for deliberate legitimation claims. As networks expand and intensify, …

State Consent And The Legitimacy Of International Law, David Lefkowitz

Philosophy Faculty Publications

Like all law, international law is a practice of reason-giving, one in which agents invoke legal norms to justify their conduct. Practitioners of inter- national law generally proceed on the assumption that those norms do, in fact, justify the conduct they sanction. Theorists, in contrast, tend to take a more critical stance towards the practice of international law, including the assumption that the law succeeds in providing a justification for its subjects’ conduct. Why treat the claim that international law prohibits Φ-ing as in itself a reason not to Φ? Or using the terminology I will employ in this chapter, …

A Comparative Measure Of Judicial Legitimacy, Rahul Hemrajani

Theses and Dissertations

In the Federalist papers, Hamilton emphasized the vulnerability of courts as the weakest branch of government, lacking both the power of the "purse" and the "sword." Consequently, courts can secure compliance with their decisions only if people believe in the legitimacy of their actions. Courts that are seen as legitimate by the public can better prevent governmental overreach, enhance the rule of law, and protect democratic rights. However, there is no consensus on how to validly measure the legitimacy of courts. Additionally, existing research on legitimacy focuses on courts in the United States; we know little about judicial legitimacy in …

What Drives The Perceived Legitimacy Of Collaborative Governance? An Experimental Study, Seulki Lee, Marc Esteve

Research Collection School of Social Sciences

This study explores the perceived legitimacy of collaborative governance from a citizens’ perspective. We use a preregistered online survey experiment to test the effect of three factors—representation, performance information, and issue complexity—on the perceived legitimacy of a collaboration. Findings from 1,470 U.S. respondents show that representation and positive performance information influence citizens’ perceptions of collaborative governance legitimacy, while issue complexity has little impact. Additionally, heterogeneous treatment effects were found: respondents with low trust in public organizations factor representation more into their legitimacy perceptions of collaborative governance, while those with high trust in public organizations show little influence of representation.

Legitimacy In Conflict Contexts: Shifting Rebel Engagement In Sierra Leone And The Presence Of Private Contractors, Anne Lauder

Electronic Theses and Dissertations

The growth of non-state actors has significantly changed the nature of conflict. Rebel groups increasingly challenge state rule while private military and security companies (PMSCs) increasingly enter conflict spaces on behalf of a variety of actors, including states seeking to suppress insurgencies. This case study of the Revolutionary United Front (RUF) during Sierra Leone’s civil war between 1991-2002 contributes to emerging work on rebel behavior by examining how rebel’s legitimacy-seeking behavior might evolve when PMSCs enter a conflict context. I explore the ways that PMSCs can shift perceived incentive structures surrounding insurgents’ interpretations of and engagements with legitimacy during conflict, …

Security Governance Strategies: Comparing Rebel Groups In Lebanon And Syria, Nourhan Samir Ibrahim

Theses and Dissertations

The prevalence of civil wars especially after the end of the Cold War led to the rise of rebels who control parts of national states in the absence or weakness of the central government. Therefore, scholars who are interested in studying civil wars started to give more attention to how these rebels function after controlling a territory. It is substantial to study rebels who govern since they influence the post conflict peace-building. This study aimed at exploring the different factors that contribute to the sustainability of rebel governance during civil wars, and how this sustainability might lead to inclusion in …

Supreme Court Legitimacy Under Threat? The Role Of Cues In How The Public Responds To Supreme Court Decisions., Laura Moyer, Scott S. Boddery, Jeff Yates, Lindsay Caudill

Faculty Scholarship

Understanding how the public views the Court and its rulings is crucial to assessing its institutional stability. However, as scholars note, “People are broadly supportive of the court and believe in its ‘legitimacy’—that is, that Supreme Court rulings should be respected and followed. But we don’t know that much about whether people actually agree with the case outcomes themselves.” In this article, we highlight empirical research investigating the factors that affect public agreement with Court decisions, highlighting recent developments from our work. At the onset, it is to note that the public generally hears about the Court’s decisions from media …

"Courts And State-Building: The Welsh Marcher Lordships And The Somali Union Of Islamic Courts," Polity 54(2): 197--25., Zachary C. Shirkey

Publications and Research

This article examines the roles of courts in state-building and aims to bring the state-building literature into deeper conversation with institutional approaches to the study of courts. Doing so highlights that courts can play important roles in state-building including extracting revenue, coercing subjects, and generating legitimacy for the state by justly adjudicating disputes. Of these, courts’ extractive role has been especially understudied. Yet, courts can raise significant sums through fees, fines, and confiscating property, particularly in less-developed states. These three roles of courts in state-building are explored in two highly disparate cases: the medieval Welsh Marcher lordships and the Union …

Cambodian Government’S Responses To The Covid-19 Pandemic: A Success Story, Sopheachanboramey Tuon

Graduate Research Theses & Dissertations

This thesis addresses why the Cambodian government could handle the challenges of the COVID-19 pandemic. It investigates the factors that contribute to the government’s success. I argue that Cambodia’s success in tackling the COVID-19 crisis depends on the state’s possession of infrastructural power, which effectively enabled the government to mobilize resources, surveil people, disseminate information, and roll out vaccination across the country. Furthermore, I argue that Cambodia’s success in handling the COVID-19 pandemic also links to the government’s longing to enhance its legitimacy. These arguments are supported by the empirical findings from the interview of 25 respondents and the review …

A Legacy Of Lies: Examining Donald Trump’S Record-Breaking Dishonesty, Sophie Sceats

WWU Honors College Senior Projects

Donald Trump told a record number of lies while in office, and ended his term with an unprecedent attack on democracy carried out by his supporters. Presidential lying has a long history in the United States, and significant research has been done on intention, lie typology, and outcomes. Trump’s lies go beyond the existing literature, threatening norms of democracy and bordering on authoritarian behavior. My research examines the power of presidential rhetoric by analyzing a dataset of fact-checked tweets, with the intention of better understanding if and how Trump’s dishonesty violates democratic norms and its potential implications for political violence. …

No Home Court Advantage: The Trump Impeachment Trial And Attitudes Toward The U.S. Supreme Court, Miles T. Armaly, Adam M. Enders

Faculty and Student Publications

Although the U.S. Supreme Court goes to great lengths to avoid the “political thicket,” it is sometimes unwittingly pulled in. We employ several experimental treatments—each of which is composed of real behaviors that took place during the Trump impeachment trial—to understand the impact of the trial on attitudes about the Court. We find that Chief Justice Roberts’ presence and behaviors during the trial failed to legitimize the proceeding and may have even harmed views of the Court. Treatments involving Roberts’ actions decreased willingness to accept Court decisions and, in some cases, negatively impacted perceived legitimacy. We also find that criticisms …

Ghosts Who Linger- How Dictators Retain Partial Legitimacy Post-Transition, Lillian Perlmutter

Scripps Senior Theses

In Chile and Italy, how did the dictators’ legacies withstand movements to break away from the dictatorial ideology and decades of political and social change? In other words, how did legislation drafted during the Pinochet regime in Chile withstand the deterioration of Pinochet’s public image in the years after the transition, and how did Mussolini’s cult of personality withstand the condemnation of his ideology and agenda in the post-war period in Italy? What is the mechanism that allows a dictator’s public persona to separate from his ideology or legislative record? I argue the mechanism that allowed portions of these dictators’ …

Clinging To Power: Authoritarian Leaders And Coercive Effectiveness, Christian J. Wolfe

Browse all Theses and Dissertations

This study identifies three tactics authoritarian leaders use to attempt to effectively coerce their citizens without losing power: 1) performance legitimacy, 2) nationalist legitimacy, and 3) institutional legitimacy. To demonstrate these tactics of what I call “coercive effectiveness,” the author employs a most-different-systems analysis on the regimes of Xi Jinping (2012 2015) and Bashar al-Assad (2000-2004). The author finds that coercion is more likely to be effective under the following conditions: 1) when leaders use economic performance and institutionalist strategies rather than nationalist tactics, 2) when an authoritarian leader climbs the ladder to power rather than inheriting leadership and 3) …

Judicial Legitimacy And The Dearth Of State Supreme Court Knowledge, Tj Kimel

Theses and Dissertations

As western democracies face challenges unseen since the Cold War ended, understanding the correlates of legitimacy for democratic institutions has grown in importance. While scholars have well-developed theories and empirical evidence of Supreme Court support, we know far less about state supreme court legitimacy. This is despite the fact that these courts hand down 100,000 legal decisions annually. Relying on an original survey conducted with participants in 46 states, I develop and test a theory that respondents rely on the Supreme Court as a cue when deciding whether they should extend legitimacy to state supreme courts they know next to …

Unsc Legitimacy As A Tool For Misdirection, Medha Monjaury

Graduate Research Theses & Dissertations

In the months leading up to the 2003 invasion of Iraq, the Bush administration made clear to the American people that the United States was prepared to go to war if Iraq failed to comply with Resolution 1441 and disarm. However, during the process of drafting and passing Resolution 1441, the U.S. expended considerable time and energy maintaining to the United Nations Security Council that it would not use the resolution as a pretext to strike Iraq. Moreover, it appears that the Security Council was convinced of the U.S.’ stated intentions when it passed Resolution 1441 unanimously in November 2002, …

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

All Faculty Scholarship

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as …

Accelerating The Completion Of Legal Registration Of The State Border With The Countries Of Central Asia As An Important Priority Of The Foreign Policy Of Uzbekistan, I. Nematov

International Relations: Politics, Economics, Law

The article is devoted to issues of legal registration of the State border with the countries of Central Asia. The author notes that, along with the intensification of cooperation between Uzbekistan and foreign countries in other important areas, the negotiation process on the delimitation and demarcation of borders with Central Asian countries has become continuous. Also, in the article, special attention is drawn to the opinion of foreign experts regarding the settlement of issues of the borders of Uzbekistan with neighboring states.

Masculinity (De)Construction And Policing: A Comparative Study Of Representation, Policies, And Legitimacy, Sarah Huffman

Senior Independent Study Theses

The culture of policing oftentimes equates police competency with masculinity, valorizing physicality and bravery, but at the expense of other characteristics included in policework such as service and protection. The introduction of more female officers into police services leads the question as to how their increased representation (de)constructs traditional masculinist attitudes and affects gender inclusive policy and actions of a police service, encompassing police response to cases of domestic and sexual violence. This study investigates whether higher gender equity in a police service increases gender inclusive policy and actions by the police and whether this factor, in turn, increases public …

Preferred Institutions: Public Views On Policy, Shawn Christopher Fettig

Theses and Dissertations

In this dissertation, I ask why people might prefer one institution of government (courts, legislatures, executives) over another to handle certain issues. Previous research has focused on legitimacy of the courts, whether institutions can legitimate policy, and how public opinion is thus informed. This research is invaluable in understanding support for and influence of specific institutions, but this only gets us so far. We still do not know why people might feel that one institution is more legitimate than another to handle policymaking on a specific issue. Here, I begin to examine this question arguing that institutions act as source …

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights …

Strict Liability's Criminogenic Effect, Paul H. Robinson

All Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails …

Explaining China's Contradictory Grand Strategy: Why Legitimacy Matters, Lukas K. Danner

FIU Electronic Theses and Dissertations

This dissertation analyzed the internal incoherence of China’s grand strategy. To do so, it used the cultural driver of honor to explain the contradictory behavior of China, which ranges from peaceful, responsible international actor to assertive, revisionist rising power with hegemonic ambitions. The central research question asked why China often diverges from Peaceful Development, thus leading to major contradictions as well as possible misperceptions on the part of other nations. Honor was the standard of reference that was utilized and examined in order to establish congruence and coherence between deed and praxis. Accordingly, the first hypothesis of this study posited …

An Unrelenting Past: Historical Memory In Japan And South Korea, Hannah Elisabeth Collins

Browse all Theses and Dissertations

Every population maintains collective memories which provide meaning and identity for members (Langenbache, 2003). Elites have exerted influence on what is being remembered and the interpretation of the remembrances for specific objects, through the concept of historical memory. Wang (2012) has shown that authoritarian governments leverage historical memory to increase legitimacy. Similarly, Bernhard and Kubik (2014) have demonstrated that transitioning democracies also benefit from elite use of historical memory for consolidation. The lack of studies concerning consolidated democracies' use of historical memory raises many questions, including whether consolidated democracies manipulate historical memory for the purpose of legitimacy? I contend that, …

Voter Trust And The Power Of Direct Democracy: An Exploration Into The Importance Of Legitimate Forms Of Governing In A Democracy, Emma Brent

Student Scholar Symposium Abstracts and Posters

Legitimacy is the only concept that gives a government control of a population. For a democracy, legitimacy is especially imperative to its function. Current polling in the United States reflects the lowest approval ratings of Congress in history, and a sense of hopelessness in the system. Civil unrest has become a trademark of the 21st century, and much of the unrest has spawned from voters believing their voice is lost in a system that never valued it to begin with. When it comes to direct democracy in the U.S., initiated through ballot measures, many studies point to trust in government, …

Do The Right Thing: The Impact Of Ingo Legitimacy Standards On Stakeholder Input, Christopher Pallas, David Gethings, Max Harris

Christopher L. Pallas

“If It Ain’T Broke, Don’T Fix It”?: Analyzing The Politics Of The Un Security Council And The Viability Of The Group Of Four’S Proposal For Reform, Marissa A. Mcomber

Honors College Theses

The United Nations Security Council (UNSC)’s mandate gives it the unique authority to maintain international peace and security. Made up of ten nonpermanent rotating and five permanent Member States (P5), the UNSC gives this decision making power to less than eight percent of the Member States of the UN at a time, five of whom never change. It has long been argued that the P5 represent a power distribution of the world as it existed in 1945, directly after World War II, and has not kept up with changing membership and power dynamics. This paper analyzes the history of the …

A Functionalist Theory Of Oversight, Riccardo Pelizzo, Abel Kinyondo, Aminu Umar

riccardo pelizzo

The literature on oversight provides various approaches that have been used to measure oversight effectiveness. They include inferring oversight from the quality of governance, equating it with the presence of oversight activities as well as equating it with oversight capacity. However all these approaches are problematic as they wrongly consider oversight to be unidimensional. As a result they tend to produce measures that are too general and vague to provide a meaningful assessment of oversight effectiveness. It is in this context that this paper identifies the structural elements of oversight and goes on to contend that since oversight is a …

Power Shifts In International Law: Structural Realignment And Substantive Pluralism, William W. Burke-White

All Faculty Scholarship

For most of the past sixty years, the United States and Europe have led, independently and collectively, the international legal system. Yet, the rise of the BRICs over the past decade has caused a profound transformation of global politics. This paper examines the implications of this redistribution of power for international law. While international lawyers have long debated the ability of law to constrain state behavior, this paper shifts the debate from the power of law to the role of power within international law. It first advances a structural argument that the diffusion, disaggregation, and issue-specific asymmetries in the distribution …

Police Reform, Civil Society And Everyday Legitimacy: A Lesson From Northern Ireland, Branka Marijan, Dejan Guzina

Political Science Faculty Publications

In post-conflict zones, there is a need to better understand the role of civil society in building the legitimacy of reformed police institutions. Northern Ireland provides an instructive case in this regard, as community involvement and civilian oversight of policing structures were prominent in the reform process. While much has been achieved since the 1999 Independent Commission on Policing, the question of police legitimation is still largely unresolved. In order for police reform to be fully realized, and to ensure that everyday legitimacy is established, more attention must be paid to building relationships between the police and local communities.

Securitization And De‐Securitizaton In The Diaoyu/Senkaku Islands Dispute, Lukas Danner

Lukas K. Danner

No abstract provided.