Showing papers on "Legitimacy published in 1981"
TL;DR: In this article, the authors discuss the economy and the Arena of Normative and De Facto Powers in the context of social norms and economic action in the social sciences, and propose several categories of economic action.
Abstract: List of Abbreviations Volume 1 Preface to the 1978 Re-issue Preface Introduction Part One: Conceptual Exposition I. Basic Sociological Terms II. Sociological Categories of Economic Action III. The Types of Legitimate Domination IV. Status Groups and Classes Part Two: The Economy and the Arena of Normative and De Facto Powers I. The Economy and Social Norms II. The Economic Relationships of Organized Groups III. Household, Neighborhood and Kin Group IV. Household, Enterprise and Oikos V. Ethnic Groups VI. Religious Groups (The Sociology of Religion) VII. The Market: Its Impersonality and Ethic (Fragment) Volume 2 VII. Economy and Law (The Sociology of Law) IX. Political Communities X. Domination and Legitimacy XI. Bureaucracy XII. Patriarchalism and Patrimonialism XIII. Feudalism, Standestaat and Patrimonialism XIV. Charisma and Its Transformation XV. Political and Hierocratic Domination XVI. The City (Non-Legitimate Domination) Appendices Index
6,034 citations
Book•
01 Jan 1981
TL;DR: Schaar as mentioned in this paper argued that legitimate authority is declining in the modern state and that all modern states exhibiting this transformation of authority into technology are well advanced along the path of a crisis of legitimacy.
Abstract: This analysis of the concept of authority in Western society constitutes a central work in political sociology and a fundamental critique of the process of modernization Schaar proposes that legitimate authority is declining in the modern state Law and order, in a very real sense, is the basic political issue of our time -- one that conservatives have understood with greater clarity than their liberal adversaries Schaar sees what were once authoritative institutions and ideas yielding to technological and bureaucratic orders The later brings physical comfort and a sense of collective power, but does not provide political liberty or moral autonomy As a result, he argues, all modern states exhibiting this transformation of authority into technology are well advanced along the path of a crisis of legitimacy
164 citations
TL;DR: Weber's ConcePr of Legitimacy as mentioned in this paper is defined as the belief of citizens that the regime is, to speak in circles, legitimate. But it has proven to be a paradoxical model for empirical investigations of legitimacy.
Abstract: MAX WEBER'S CONCEPr of legitimacy occupies a paradoxical position in modern political science. On the one hand, it has proved to be the dominant model for empirical investigations of legitimacy. On the other hand, it has met with almost universal criticism by those political philosophers who have evaluated it.' The most common complaint is that in his effort to construct a useful concept for empirical research, Weber distorts the essential meaning of legitimacy. The concept should properly signify a normative evaluation of a political regime: the correctness of its procedures, the justification for its decisions, and the fairness with which it treats its subjects. In Weber's hands, however, legitimacy no longer represents an evaluation of a regime; indeed, it no longer refers directly to the regime itself. Rather, it is defined as the belief of citizens that the regime is, to speak in circles, legitimate. Legitimacy becomes, for Weber, simply a matter of fact, the fact that citizens hold a certain belief. Worse, according to critics, Weber's actual development of the concept does not even preserve this much of the original content. In the end, Weber virtually identifies legitimacy with stable and effective political power, reducing it to a routine submission to authority.2
91 citations
Book•
27 Feb 1981
TL;DR: In this paper, the authors argue that a conservative theory of order, which assigned the king a lofty and unrivalled position, gave way in these years to a more radical community-centered view of government by which the king shared law-making on equal terms with the House of Lords and House of Commons, which constituted a departure from the prevailing order theory of kingship and political society that had characterized political thought in the sixteenth and early seventeenth centuries.
Abstract: Concerned in a general way with theories of legitimacy, this book describes a transformation in English political thought between the opening of the civil war in 1642 and the Bill of Rights in 1689. When it was complete, the political nation as a whole had accepted the modern idea of parliamentary or legal sovereignty. The authors argue that a conservative theory of order, which assigned the king a lofty and unrivalled position, gave way in these years to a more radical community-centered view of government by which the king shared law-making on equal terms with the House of Lords and the House of Commons. Although the community-centered ideology may appear unexceptional to the modern observer, it constituted a revolutionary departure from the prevailing order theory of kingship and political society that had characterized political thought in the sixteenth and early seventeenth centuries.
69 citations
TL;DR: In American art museums, trustees, curators, and managers each possess a legitimacy which they have used to effect the pursuit of their unofficial goals, some of which converge with those of the institution itself.
Abstract: By their nature, American art museums are pluralistic institutions. They cannot be simply characterized as the hobbies of affluent amateurs, or ivory towers for research or, despite appearances, playgrounds for “the people”. To some extent they are all of these together, but with more or less emphasis on each, depending upon the support which each of the principal sets of actors is capable of mustering. Trustees, curators, and managers each possess a legitimacy which they have used to effect the pursuit of their unofficial goals, some of which converge with those of the institution itself. The level of success they attained is modified by trends external to the institution, including scholarly and professional developments, art market activity, pressure from aspiring elites, and the emergence of new funding sources.
67 citations
41 citations
TL;DR: In this article, a computer-based content analysis of British Speeches From the Throne, 1795-1972, is reported which indicates a 52-year cycle of changing thematic concerns or issues.
Abstract: A computer-based content analysis of British Speeches From the Throne, 1795-1972, is reported which indicates a 52-year cycle of changing thematic concerns or issues. This thematic cycle replicates earlier results from an analysis of party platforms in American presidential elections. The thematic cycle is correlated with the Kondratieff economic cycle, the latter reflecting recurring crises in capitalist societies. The 52-year thematic cycle reflects a debate within society as to the legitimacy of capitalist political economy under varying economic conditions and in light of periodic structural reorganizations of the economy. Finally, the content-analytic findings are discussed in terms of Wallerstein's "world system" concept and the two dominant conceptions of power in macrosocial analysis. Do you know those charts, where the movement of prices, discount rates, etc . . . during the year is plotted? To analyze the phenomenon of crisis, I have attempted several times to compute the formulas of those irregular curves (I think that is possible if sufficient reliable material can be made available) in order to determine mathematically the main laws governing the crisis. X Marx to Engels, May 1873 How is the legitimacy of capitalism maintained despite long-term structural changes in political economy? The answer proposed here suggests that systematic changes occur in the justifications of capitalism offered by the capitalist classes in response to systematic changes of the economy. This conclusion draws on three lines of inquiry: the neo-Marxist analysis of *The research reported here was supported by a National Science Foundation Dissertation Research Grant, #GS-42403. For helpful comments and suggestions I thank Zvi Namenwirth, Albert K. Cohen, Charles Logan, Jill Janows, Philip J. Stone, Hayward Alker, Jr., Peter Mohler, Hans-Dieter Klingemann, Karl Schuessler, and Seymour Warkov. A large part of the writing was completed while I was Visiting Scholar at the Zentrum fur Umfragen, Methoden, und Analysen, Mannheim, West Germany. The support of all its staff, especially Hans-Dieter Klingemann and Max Kaase, Director, is gratefully acknowledged. An earlier version of this paper was read at the Text Analysis Conference, Free University of Amsterdam, 1980. ? 1981 The University of North Carolina Press. 0037-7732/81/041130-48$01.90
40 citations
TL;DR: German legal thought ascribes to journalists a special professional role and responsibility, and provides them with privileges not enjoyed by other citizens and not formally recognized in many other lands as discussed by the authors, including legal recognition of a right to official governmental information.
Abstract: protection of the individual citizen from the influence of the mass media [25, p. 32; 55, p. 431 ]. Problems of the media’s effects entail issues of a journalist’s sense of responsibility and sources of legitimization as an actor whose behavior exercises great influence on the thinking and behavior of his fellow citizens. German legal thought ascribes to journalists a special professional role and responsibility, and provides them with privileges not enjoyed by other citizens and not formally recognized in many other lands. The German journalist’s advantages include legal recognition of a right to official governmental information, protection of independence in the exercise of the profession, a right to decline to
39 citations
Book•
01 Mar 1981
TL;DR: Sanderson as discussed by the authors examines the post-revolutionary rise of agrarian reform and its decline, dividing the sixty years of change (from 1917 to 1976) into three periods.
Abstract: As oil-rich Mexico faces the 1980s, conflicts between agrarian populism and capitalist industrialization call for resolution. The internal peace and political stability that made the period between the late 1930s and the early 1970s so productive left many Mexicans--particularly the campesinos--marginal to the benefits of the economy. During this period of economic growth, agrarian reform, the trademark of the Mexican revolution, was relegated to a position of lesser importance in national politics. But with forty percent of the population still remaning in the countryside, it is clear that programs for rural development and land redistribution must again be given prominence. In this study of Sonora--a key agricultural state in northwestern Mexico--Steven E. Sanderson examines in economic and political terms the post-revolutionary rise of agrarian reform and its decline, dividing the sixty years of change (from 1917 to 1976) into three periods. Agrarian populism dominated the first, which he calls a time of post-revolutionary consolidation (1917-1940). Then, during the "miracle years" of 1940-1970, the growing strength of capital and the success of state-led import substitution plans led to a counterreform in agrarian politics. In the final period, that of President Echeverria's populist resurgence (1970-1976), ambitious but flawed agrarian reform plans clashed with the sector that favored the increasing concentration of land, income, and political influence. Sonora provides a particularly interesting view of these developments because of its political and geographical distance from metropolitan Mexico, its rich history of independence, its economic growth since the revolution, and the political sophistication of its residents. The events in this state exemplify the regional imbalances, the ideological biases, and the political manipulations contributing to the crisis in state legitimacy that dominated Mexican politics in the 1970s. Using a combination of agrarian census materials, state archives, newspapers, records from relevant ministries, and selected interviews with participants, Sanderson presents the complex history of conflict between the political base supporting agrarian reform and the economic forces advocating industrialization and economic growth. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1981.
36 citations
01 Oct 1981
TL;DR: In recent years, state and local governments have increasingly relied increasingly on a silent partner, the contract consultant, who is neither accountable nor responsive to democratic control as discussed by the authors, which is a problem.
Abstract: In recent years state and local governments have relied increasingly on a silent partner—the contract consultant—who is neither accountable nor responsive to democratic control. After discussing th...
25 citations
TL;DR: A proposal is offered for the integration of legal-rational health care organization with traditional health care such that both sectors serve best for that which they are qualified, although not at the expense of the other.
TL;DR: The 1970 Declaration on Friendly Relations as mentioned in this paper was the cornerstone of the United Nations approach to the concept of self-determination, and it is generally regarded as being normative in character by virtue of its elaboration of essential Charter principles.
Abstract: The question of defining self-determination and of determining the legitimacy of claims of self-determination have been issues which have exercised the minds of international lawyers and political scientists for many years. A considerable literature and diversity of views has resulted. From the reference in Articles 1(2) and 55 of the United Nations Charter to the development of “friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples” has sprung a whole body of United Nations and state practice in a number of widely differing situations. The main focus of activity has been in the area of decolonisation and this development has practically eclipsed Chapters XI–XIII of the Charter, which were clearly intended to deal with the emancipation of non-self-governing and trust territories. The seventeen words of Articles 1(2) and 55 have been elaborated in the 1970 Declaration on Friendly Relations. It is no overstatement to say that the elaboration of the principle of self-determination in the 1970 Declaration provides the cornerstone of the United Nations approach to the concept. The Declaration was the result of seven years work by a Special Committee and was adopted on a consensus vote. It is generally regarded as being normative in character by virtue of its elaboration of essential Charter principles. This elaboration seeks to state the nature of the right in general terms and to deal with the application of the rule in certain contexts; it is concerned primarily with decolonisation and with limiting claims to secession.
TL;DR: Cabinet officers and other political executives in the United States are chosen from a pool of potential candidates from various sectors of society: business, the professions, and government, as well as others as mentioned in this paper.
Abstract: Cabinet officers and other political executives in the United States are chosen from a pool of potential candidates from various sectors of society: business, the professions, and government, as well as others. At the cabinet level those selected are clearly the president's choice but other political executives may be the product of cabinet officer and White House recruitment efforts. There are distinct patterns of recruitment from department to department with differing emphases on economic sectors, geography, and prior political experience. The process and the pool of candidates are distinctive during the middle of an administration, with greater emphasis on persons already in government. This selection system reflects basic American values, political experience, and institutional capabilities. The system has significant implications, both for governance and for the legitimacy of government.
TL;DR: In this article, a revised notion of legitimacy is constructed in which legitimacy becomes a direct property of institutions rather than of individuals, and it is shown how one might account for important political features of institutionally relevant behavior without resorting to imputed psychological states.
Abstract: This paper criticizes the standard view that the legitimacy of a political institution rests on the private convictions of its clients. It shows that these problems derive from a more basic difficulty with the conception of political order upon which the standard idea of legitimacy rests. A revised conception of legitimacy is constructed in which legitimacy becomes a direct property of institutions rather than of individuals. In the process, it is also shown how one might account for important political features of institutionally-relevant behavior without resorting to imputed psychological states.
TL;DR: In the process of social transformation, class struggle, political activity, and moral argument play an important dialectical role, for instance in maintaining the repressiveness and legitimacy of an existing order or in forging the politics and moral justification of a new one as mentioned in this paper.
Abstract: HN MARX'S MOST GENERAL formulations of historical materialism, he regarded the development of humanproductive powers as the driving force of social transformation over whole historical epochs. In the process of social transformation, class struggle, political activity, and moral argument play an important dialectical role, for instance in maintaining the repressiveness and legitimacy of an existing order or in forging the politics and moral justification of a new one. (As I have argued elsewhere, in developing specific historical explanations or political strategies, Marx provided a far wider leeway for political action and social and political alternatives than his general formulations appear to permit.)' But Marx's general argument can serve as a basis for criticizing the ethical conceptions of an "eternal" or "natural" justice which prevail in particular historical periods. Whether employed by defenders of an existing order or by radicals, such conceptions tend to coincide with specific modes of production, to stimulate their advance, and to wear thin as the relevant productive system declines. Marx's critique of prevailing moralities can, however, be mistakenly interpreted as denying any separable sphere of moral argument and reflection. In this view, which I will call the historicist critique of morality, Marx saw all moral judgments including his own as inextricably contextor origin-dependent.2 Not only do prevailing moralities shift
TL;DR: In this article, the authors take Cuzan's original model as its point of departure and use expansion path analysis to evaluate the theory empirically, with encouraging results, using longitudinal data for the same five Central American countries and an historical analysis of the Cuban revolution.
Abstract: In an earlier paper, Cuzan presented a micropolitical model on the relationships between the legitimacy of government, the scope of government, and the level of coercion administered by government to implement its commands; the model was successfully applied to 1974 data from Ave Central American countries. This paper takes Cuzan's original model as its point of departure. It deals with the implementation of decisions in societal systems. It argues that the structure of Cuzan's construction is essentially the same as that of a two-dimensional production function of the type used in micro- and engineering economics. This permits the incorporation of expansion path analysis that is familiar to these disciplines into the political model. Longitudinal data for the same five Central American countries and an historical analysis of the Cuban revolution are used to evaluate the theory empirically, with encouraging results.
TL;DR: Since the Six-Day War in 1967, a profound transformation has occurred in political-military relations in Israel as discussed by the authors, and the authority and legitimacy of the political leadership have been shaken, and the army has acquired direct political roles, mainly through the establishment of a military government in the occupied territories.
Abstract: Since the Six-Day War in 1967 a profound transformation has occurred in political- military relations in Israel. National consensus in the security sphere has collapsed. The authority and legitimacy of the political leadership have been shaken, and the army has acquired direct political roles, mainly through the establishment of a military government in the occupied territories. These developments have changed the early pattern of a nonpolitical citizen army, subordinate to the civil authorities, to a new pattern of political- military partnership. The intense politicization of the Israel Defence Forces undermined their former elevated and sacred position and made them a focus of public controversy. Thus, while Israel has remained a democracy, in spite of the protracted war, its armed forces have taken over functions far exceeding those of other professional armies in similar Western democracies.
TL;DR: A discussion of general theories of law enforcement and their impact on these attitudes, and of politics and the police in post-civil war Nigeria leads to the conclusion that the police, by the manner in which they enforce the laws, do have an effect on legitimacy orientation, though a weak one as mentioned in this paper.
TL;DR: In this article, the concept of political penetration is introduced in the context of rural development in East Africa, and a case study of Teso District in Eastern Uganda and its contemporary significance is presented.
Abstract: I. Introduction 'Penetration' and the East African Context.- The Concept of Political Penetration.- 'Penetration' and Rural Development in the East African Context.- II. The Colonial Legacy and the Dynamics of Political Control.- Teso in Transformation: colonial penetration in Teso District, Eastern Uganda, and its contemporary significance.- Local Participation in National Politics: Ugugo, Tanzania.- The Legitimacy of the Uganda Government in Buganda.- III. Institutions and Strategies for Rural Development.- Creating and Expanding Organizations for Rural Development.- Economics, Incentives and Development Penetration.- Leadership and Institutions for Rural Development: a case study of Nzega District.- IV. District Politics and Rural Transformation.- Promoting Agrarian Change: penetration and response in Murang'a, Kenya.- Political Engineering and Social Change: a case study of Bukoba District, Tanzania.- Improving Nutrition in Bukedi District, Uganda.- V. The Dynamics of Rural Societies.- Staff Kulaks and Peasants: a study of a political field.- The Social Structure of the Agricultural Extension Services in the Western Province of Kenya.- Legitimacy and Coercion in Bena Politics and Development.- A Low Status Group in Centre-Periphery Relations: Mbai Sya Eitu.- VI. Conclusion.- Recurring Penetration Strategies in East Africa.
Journal Article•
TL;DR: In this article, the authors analyze the relevance of general principles of authority to southern African conditions and apply Max Weber's typology of legitimacy to political events and leadership in Botswana and Lesotho prior to 1974.
Abstract: Recent analyses of political power in southern Africa have focused on two illegitimate types of domination: racism and neocolonialism. Attention has been directed toward the twin problems of apartheid in South Africa and the dependency of smaller states in the region on the Republic. Politicians and scholars have discussed strategies to combat both types of illegitimate power, but little attention has been directed to the principles of authority necessary to support future legitimate regimes in postapartheid southern Africa. As in earlier anticolonial struggles in other parts of the continent, the institutions and ideologies of postcolonial government remain vague; and as elsewhere, it is unlikely that broad notions of nationalism can provide concrete norms for regulating political conflict and development once colonialism has been overcome. This paper analyzes the relevance of general principles of authority to southern African conditions. It applies Max Weber's typology of legitimacy to political events and leadership in Botswana and Lesotho prior to 1974 in order to assess the potential for (1) traditional, (2) charismatic, and (3) legalrational ideologies and institutions as bases for authority in the region. While elements of all three ideal types are evident, the paper concludes that the legal-rational model is the most significant in analyzing these two cases. Botswana and Lesotho became sovereign states within the same week in 1966. Despite great similarity in political culture, social structure, colonial experience, and economic dependence, political life in the two states developed in diametrically opposed directions during the 1966-73 period. Popular democratic government was established in Botswana, while disorder, confusion, and violence characterized Basotho politics. How can these differences be explained? The two models most commonly used in
TL;DR: In this paper, the West German model is used for political culture, legitimacy, and participation in West European politics, and the authors present a survey of the model's application in a stable state.
Abstract: (1981). Political culture, legitimacy and participation. West European Politics: Vol. 4, The West German Model: Perspectives on a stable state, pp. 18-34.
TL;DR: The question of the legitimacy of the external support and its ramifications in the province of domestic jurisdiction in international law have received a new dimension and hence a discussion of this incident will certainly focus attention on a contemporary current political and legal problem.
Abstract: THE incident leading to the overthrow of President Amin in Uganda by means of external support has given rise to considerable political and legal controversies and indeed has opened a new vista in certain provinces of international law. The question of the legitimacy of the external support and its ramifications in the province of domestic jurisdiction in international law have received a new dimension and hence a discussion of this incident will certainly focus attention on a contemporary current political and legal problem.
01 Jan 1981
TL;DR: In this article, the authors explain the process of legitimacy by demonstrating how three early states attempted to attain it: the Aztecs of Mexico, the Incas of Peru, and early nineteenth-century Buganda in Africa.
Abstract: The basic premise of this paper is that states have to attain legitimacy if they are to rule by means other than naked force and long survive the tests of history. The author explains the process of legitimation by demonstrating how three early states attempted to attain it: the Aztecs of Mexico, the Incas of Peru, and early nineteenth-century Buganda in Africa. Among the many similarities they share, two features are especially important for the present analysis: formation of the state based on a process of incorporation, and an inchoate state organisation that is a consequence of early state formation. Fig., notes, ref.
TL;DR: In this article, the author analyzes the principal features of industrial policy in the post-war advanced capitalist economies and proposes four main directions: increased financial aid to replace tariff protection; preference for the more concentrated industries, particularly those related to, or in association with, national defense; new interest in the development of peripheral regions; and priority accorded to large corporations.
Abstract: This article analyzes the principal features of industrial policy in the post-war advanced capitalist economies. Industrial policy is defined as a series of discriminatory measures developed by the state to promote industrial growth. Four main directions are outlined: increased financial aid to replace tariff protection; preference accorded to the more concentrated industries, particularly those related to, or in association with, national defense; new interest in the development of peripheral regions; and priority accorded to large corporations.A number of explanations are proposed for each of these main policies. The common thread running through them is the process of internationalization of production and trade liberalization. These lead each national economy to redefine its role in the global system. The analysis also underlines the ambivalent position of the state vis-a-vis a free market. Capitalist states rely upon the market to assure economic growth. The growth, nevertheless, is accompanied by regional and sectoral disequilibria which can reduce the political legitimacy of the state. This is why the state seeks to regulate growth, with a minimum of social conflict. State intervention is not designed solely to promote the interests of a class of large capitalists, but corresponds at the same time to the logic of capitalist accumulation and the requirements of political legitimacy.
01 Jan 1981
TL;DR: With federal regulators probing every nook and cranny of what used to be the decision-making domain of the private health care practitioner and medical researcher, it is understandable that the power, authority, and legitimacy of such regulation would be questioned.
Abstract: With federal regulators probing every nook and cranny of what used to be the decision-making domain of the private health care practitioner and medical researcher, it is understandable that the power, authority, and legitimacy of such regulation would be questioned. Three separate questions need to be addressed. The first is the most general: Is it legitimate in general to regulate any decisions in medicine? The second narrows the focus substantially to a rather small sub-set of medical decisions — those made by medical professionals. Is it legitimate to regulate decisions in medicine made by health professionals? Finally, it will be necessary to ask a question of a different order. Assuming it is legitimate to regulate some decisions made in medicine or at least regulate some decisions made by health care professionals, is it prudent to do so?
Journal Article•
TL;DR: The transition from military to civilian rule has been a relatively rare event as mentioned in this paper, and the body of classificatory and analytical studies on the subject is insignificant in comparison to studies that explore the conditions, intervention strategies, and consequences associated with the assumption of political power by military personnel.
Abstract: The transition from military to civilian rule has been a relatively rare event. As a result, the body of classificatory and analytical scholarship on the subject is insignificant in comparison to studies that explore the conditions, intervention strategies, and consequences associated with the assumption of political power by military personnel.1 Recent developments provide occasion to argue that political scientists should devote closer attention to that type of regime change in which civilian government emerges out of "corrective" military rule. In particular, the authority and legitimacy of military regimes are increasingly being challenged in SubSaharan Africa.2 With the independence of Zimbabwe under Prime Minister Robert Mugabe and the re-election of Dr. Milton Obote in Uganda, all of the former British colonies in Africa now operate political systems controlled by elected leadership. The Nigerian experience with the transition from a military regime to civilian rule certainly merits careful scrutiny and critical appraisal. Since Nigeria is the most populous country in Sub-Saharan Africa, with a powerful military and an oil-boom economy, commentators have heralded its peaceful transformation from a military regime to an unfamiliar form of elected civilian government as a model of political change that is likely to be taken seriously elsewhere on the continent and in the world.3
TL;DR: The first two of these uses have ready parallels in the realm of literary criticism, although political necessity often pushes law into uses of convention that would strike most literary scholars as naive as discussed by the authors.
Abstract: AWSUITS require judges and juries to establish meaning in the midst of conflict. Someone must decide what really happened and then decide what consequences should attach to these reconstructed events. In doing so the Anglo-American litigative system makes repeated use of convention at several levels. Law uses conventional canons of interpretation to read the texts in which legal principles are found. It uses generic conventions to sort lawsuits. And it uses what I shall here call conventions of truth to cope with the tensions that arise when uncertainty about the past collides with the necessity to act on the basis of some reconstruction of those events. The first two of these uses of convention have ready parallels in the realm of literary criticism, although political necessity often pushes law into uses of convention that would strike most literary scholars as naive. As the paths of law and literature diverge, however, convention becomes crucial. The literary critic does not have to decide what really happened; the very question is meaningless. Courts must, and must do so with some plausibility if the enterprise is to have any legitimacy. Yet precisely when the legal system grapples with reality, it relies most on convention. Its procedures and institutional framework require the participants less to find truth than to arrive at a communal version of events. This rendering of events, which flows from elaborately described conventional procedures, has serious consequences for the litigants. Because it has such consequences, the conventions have limits. If people begin to perceive them not as traditional ways of ascertaining something approximating truth but as "fictions," the system loses its legitimacy. Convention must not become "mere" convention; at that point the veil falls away and all is lost. Such precarious conventions tend to elude us because law employs others that lie closer to the surface; the starting point will be with these more obvious uses of convention-those of textual interpretation.