Showing papers on "Legitimacy published in 1993"

Some Social Requisites of Democracy: Economic Development and Political Legitimacy

Abstract: The conditions associated with the existence and stability of democratic society have been a leading concern of political philosophy. In this paper the problem is attacked from a sociological and behavioral standpoint, by presenting a number of hypotheses concerning some social requisites for democracy, and by discussing some of the data available to test these hypotheses. In its concern with conditions—values, social institutions, historical events—external to the political system itself which sustain different general types of political systems, the paper moves outside the generally recognized province of political sociology. This growing field has dealt largely with the internal analysis of organizations with political goals, or with the determinants of action within various political institutions, such as parties, government agencies, or the electoral process. It has in the main left to the political philosopher the larger concern with the relations of the total political system to society as a whole.

Equality and Partiality

Abstract: This collection of essays, based on the Locke Lectures that Nagel delivered at Oxford University in 1990, addresses the conflict between the claims of the group and those of the individual. Nagel attempts to clarify the nature of the conflict - one of the most fundamental problems in moral and political theory - and concludes that its reconciliation is the essential task of any legitimate political system.

Cultural and Economic Approaches to Fertility: Proper Manriage or Mesalliance?

Abstract: Economic models have organized much fertility research particularly over the last 2 decades. The usual formulation of these models assumes that preferences are fixed and fertility differences are explained by differences in opportunities (constraints). Yet some interpretations of evidence of fertility decline inconsistent with economic models and have led to explicit challenges to them. These challenges generally take 2 forms--an emphasis on diffusion and an emphasis on culture. This paper addresses the consistency of the empirical findings and the interpretations drawn from then with economic models. In particular the authors discuss the roles that diffusion may play in economic models and the relationship between cultural and economic explanations of fertility. The fit between diffusion and economic models depends on what is diffusing. Here the literature is diffuse variously identifying new information new attitudes regarding ideal family size or the new values legitimating fertility control within marriage. The distinction is critical for the issue considered here since the diffusion of information about birth control technology is consistent with a household production model. Differences in information about opportunities can explain differences in behavior. The diffusion of preferences ( a new ideal family size or the new legitimacy of fertility control within marriage) on the other hand fits less comfortably within economic models although recent work suggests that it too can be accommodated. Cultural explanations fit rather awkwardly with economic models because culture cuts across the categories of opportunities (including information) and preferences thereby denying the validity of the dichotomous classification scheme underlying economic models. Finally culture may define the types of behaviors that are subject to individual choice in a particular society and thus delimit the areas within which economic or rational actor models are appropriate. (authors)

Building Good Business Relationships: More than Just Partnering or Strategic Alliances?

Abstract: Suggests that the concepts of partnerships and strategic alliances are increasingly emphasized in literature and “real life”, which might lead managers to believe that partnership‐style relationships, as opposed to arm′s length relationships, are necessary for a firm to compete successfully. Explores why, how, and when to establish a wide range of possible business‐to‐business relationships. The inter‐organizational relationship literature suggests six reasons for forming relationships: necessity, asymmetry, reciprocity, efficiency, stability, and legitimacy. Compares this framework with six partnership characteristics based on the partnership‐building literature: planning, sharing of benefits and burdens, extendedness, systematic operational information exchange, operating controls, and corporate culture bridge building. Suggests that firms should concentrate on how to develop “good business relationships”, which may have varying levels of partnership characteristics.

The stage and social struggle in early modern England

Abstract: The Stage and Social Struggle in Early Modern England is a ground-breaking study of a controversial period of English literary, cultural, and political history. In language that is both lucid and theoretically sophisticated, Jean Howard examines the social and cultural facets of early modern theatre. She looks at the ways in which some theatrical practices were deemed deceptive and unreliable, while others were lent legitimacy by the powerful. An exciting and challenging work by one of the leading writers in the field, The Stage and Social Conflict in Early Modern England is important reading for anyone interested in the period.

The Legitimacy of the Collective Authority of the Security Council

Abstract: The ideal, once it is embodied in an institution, ceases to be an ideal and becomes the expression of a selfish interest, which must be destroyed in the name of a new ideal. This constant interaction of irreconcilable forces is the stuff of politics. Every political situation contains mutually incompatible elements of utopia and reality, of morality and power. E. H. Carr [T]he crucial question is not what principle is acknowledged but who is accepted as the authoritative interpreter of the principle or, to put it in institutional terms, how the process of legitimization works. Inis Claude, Jr. At this pivotal point in history, a fundamental and oft-raised issue is “international governance.” Means of effective governance are seen as necessary to more complex arrangements of world order. But achieving effective governance ultimately will mean the existence of institutions that legislate, that is, institutions that make decisions binding on the whole. As a general matter, states have been skeptical of, if not hostile toward and consequently unwilling to accept, such governance. The United Nations Security Council is a notable exception; in the sometimes broad, sometimes narrow, area of international peace and security, the Security Council has taken decisions in the name of, and binding upon, the entire international community.

Fair? What Has Fairness Got to Do with It? Vagaries of Election Observations and Democratic Standards

Abstract: The observation and monitoring of elections and referenda has become a ‘growth business’ in Africa since external and internal pressures have forced the leaders of one-party states to test their political legitimacy. The closely monitored 1991 presidential and parliamentary elections in Zambia heralded the first peaceful transition from a single to a multi-party system of governance with a change of leadership in English-speaking Africa. It marked the beginning of an era of confidence in the possibilities of democratic change, and confirmed the positive influence that international observers can have on such processes. Their presence was henceforth considered an essential pre-condition for acceptable transitional multi-party elections. The hopes that Zambia would indeed ‘set a standard for Africa’, and offer encouragement to nascent democratic movements on the continent have, however, remained elusive. More recent elections have been replete with controversy, intimidations, and violence. Despite being certified to varying degrees as free and fair by observers, the losers have contested the results—in Angola with arms, in Kenya and Ghana with threatened and actual boycotts.

Varieties of Participation

Abstract: "Participation" has a long history in the fields of organization behavior and management. Despite this long history, controversy abounds about the nature, impacts, and desirability of various participatory approaches and practices. This article attempts to advance thinking about participation in four ways. First, several criticisms of participation will be identified and discussed briefly. Placing this section first is the authors' effort to avoid looking at participation strictly through "rose colored" glasses that filter out potential and actual negative aspects. The next section examines the nature of participation in two ways: (1) by examining two definitions that identify key differences that derive from polar views of the construct and (2) by discussing the dynamics of participation and the psychological and organizational processes driving it. The key question here is: to the extent that participation "works," why does it work and how may it contribute to employee and organizational improvement. The third section identifies several observations about participation that emerge from the preceding pages and elaborates on them. A fourth major segment of the article proposes a proactive stance for bringing about participatory practices in organizations. The final section pulls together and draws conclusions from the major points made in the previous pages. ARGUMENTS AGAINST PARTICIPATION Over the past fifty years or so numerous arguments for and against participation have been made. Often these arguments have become quite impassioned and, consequently, have generated "more heat than light." This section summarizes basic themes that cut through the arguments of critics of participation. These themes involve the following assertions: (1) Participation is ineffective; (2) Real participation in traditional organizations is a myth that helps maintain existing power structures; (3) Bringing about participation is extremely difficult to achieve and involves many potential pitfalls for individual employees; and (4) Participation is wrong. Each of these themes is elaborated briefly below. PARTICIPATION IS INEFFECTIVE Locke and his associates are among the strongest critics of participation (e.g., Locke and Schweiger, 1979; Locke, Schweiger, and Latham, 1986). These writers view participation in limited, instrumental terms. Participation is defined as a managerial technique that involves joint decision-making and productivity and satisfaction are identified as the primary outcome variables for determining the effects of participation. The authors indicate that empirical research fails to support the contention that participation leads to higher productivity. Their analysis of fifty participation studies shows that participative and authoritative decision-making have no consistent relationship to productivity. Each method is more effective in nine cases with the largest number of cases (17) failing in the "No difference" category. Similar results were found for participation in goal setting (Locke et al., 1986). This line of inquiry leads to the conclusion that, since participation improves productivity and job satisfaction only under certain circumstances, its use should be restricted to organizational situations that approximate these conditions. This argument proposes that power structures and maintenance of power are key features of organizations. The decision-makers and managers seek to retain the organizationally defined power (authority) allocated them through the formal structure. Weick (1979), for example, notes that the military metaphor with an emphasis on the legitimacy of top-down authority pervades perspectives of organizations in the U.S. Schein (1985) extends this observation by asserting that one of the greatest fears American managers have of groups is that responsibility and accountability will become diffused. This view implies that managers really fear a loss of power and legitimate influence. …

Symposium on Democracy and Development

Abstract: Academic fashions often follow the public political mood. In a period when euphoric public commentators have announced "the end of history" in the triumph of capitalist democracy, one sees an increasing number of scholarly studies attempting to show, often on the basis of crosscountry statistical evidence and a bit of wishful thinking, a positive effect of democracy on development. It is in this context refreshing to see the agnostic results reported by Adam Przeworski and Fernando Limongi in their paper. On the basis of their review of the theoretical arguments and statistical studies they conclude rather bluntly: "We do not know whether democracy fosters or hinders economic growth." Their brief but fairly exhaustive examination of the various statistical studies of the last few decades shows the studies to be hopelessly inconclusive and beset with serious methodological problems. At the analytical level, they argue that it is not at all clear if democracy, with its (slow) empowerment of the less wealthy, secures growth-fostering capitalist property rights better than dictatorships. Democracies may actually be more susceptible to pressures for immediate consumption and other particularistic demands that may hamper long-run investment. On the other hand, authoritarian rulers who have the capacity to resist such pressures may instead be self-aggrandi zing, plundering the surplus of the economy. In fact, authoritarian regimes may come in different kinds, some deriving their legitimacy from providing order and stability, some from rapid growth. Sah (1991) has argued that authoritarian regimes exhibit a larger variance in economic performance than democracies.

Is Rugged Individualism the Whole Story? Public and Private Accounts of a Firm's Founding:

Abstract: This article compares public and private accounts of the creation of a retail sales business. The two sets of accounts are examined from the perspectives of literature on entrepreneurial activity and literature on family systems theory. The two theoretical perspectives explain the salience of different facts regarding the founding of the business. The article also questions the legitimacy of privileging certain types of accounts of business foundings over other types.

Brazilian Industrialists and Democratic Change

Abstract: To protect what they see as their interests, high-ranking business executives have been known to support brutal dictators. Given the economic power such executives wield, it is feasible that their leverage extends into the political sphere - even to the extent of causing regime change. But Leigh Payne takes issue with this interpretation in her study of the role of industrial elites in Brazil's political history from the 1964 coup to the democratic transition. Payne argues that Brazilian industrial elites were more interested in political stability than in whether the regime in power was authoritarian or democratic. Their concern with stability has led them to take seemingly contradictory positions: they strongly supported not only the military coup that toppled the old democratic order in favour of a repressive authoritarian regime, but also the later transition to democracy. Payne argues that these apparent contradictions are resolved by examining the business elite's perceptions of political legitimacy and government competence. She includes among the factors that shape those perceptions the international and domestic political environment and the degree of consensus and political power within the business community. While this book concentrates on Brazil, it also provides broad theoretical insights into business elites and political change. In addition, it compares the Brazilian case with studies on the role of business in the similar democratic transitions of Argentina, Chile and Spain.

Institutional legitimacy and procedural justice: Reexamining the question of causality

Abstract: Tyler and Rasinski (1991) challenge Gibson's (1989) contention that perceptions of procedural justice do not influence citizens' compliance with unpopular Supreme Court rulings. Noting a significant correlation between procedural justice and institutional legitimacy, Tyler and Rasinski argue that perceptions of procedural justice exert indirect influence on compliance. In response, Gibson (1991) questions Tyler and Rasinski's interpretation of the causal relationship linking institutional legitimacy and perceptions of procedural justice. Although both sides in this dispute offer persuasive discussion, neither can advance conclusive empirical evidence regarding the question of causality. This note presents a reexamination of the relationship between institutional legitimacy and procedural justice, with data drawn from an experiment designed specifically to address the question of causality. Results do not enable conclusive assessment of the Gibson hypothesis. However, in contrast to the Tyler-Rasinski hypothesis, no evidence is found supporting the contention that perceptions of procedural justice influence perceptions of

Scientific Argument in Organizational Crisis Communication: The Case of Exxon.

Abstract: Scientific research and development is, for many organizations, the key to survival. Organizations depend upon science to help create products and services that successfully compete with similar organizations. Beyond the creation or refinement of products and services, however, is the role of science as a tool for maintaining the social legitimacy of organizations facing controversy. For example, the crisis at Three Mile Island resulted in a reexamination of the entire nuclear industry in the United States. In describing the ineptitude of the nuclear power industry's initial response to the crisis, Farrell and Goodnight (1981) identify a decline in "the practical art of rhetoric". Dionisopoulos and Crable (1988) contend that the future of nuclear energy in this country depended upon scientists both inside and outside the nuclear industry engaging in an extended public relations campaign to convince the public first, that the industry had identified and systematically resolved the causes of the Three Mile Island crisis, and second, that nuclear energy was vital to the country's future. Dependence upon science can be limited to the legitimacy of a single corporation or product. For instance, when the Food and Drug Administration reported that Rely tampons were linked to toxic shock syndrome, Proctor & Gamble hired a group of independent scientists, physicians, microbiologists, and epidemiologists to work with their own scientists in an effort to challenge the government's findings as inconclusive. When this group was "unable to give Procter & Gamble executives the information they so desperately needed," the company voluntarily pulled the Rely product from the market (Fink, 1986, p. 197). These examples suggest that a debate involving scientific evidence can and often does occur during and after an organizational crisis. Inherent in the scientific method of research are a series of standard operational procedures endorsed by generations of scientists to enhance the likelihood that what is offered as scientific evidence is accurate. However, as Fisher (1978) explained, science must "remain consistent with the 'common-sense experience of social reality'". Hence, for science to be practical, as in the case of organizational crises, interpretation and application of findings to social exigences are essential. This interpretation and application, along with scrutiny of tangible research procedures, generate a discourse which Prelli (1989) suggests "is accepted or rejected on grounds of its reasonableness--given the issue at stake, the knowledge conditions of the scientific community, and the perceived expertise |ethos~ of the makers of the claims". Of particular interest to this study is the role of ethos in determining the reasonableness of scientific argument. Specifically, this study explores the question, to what extent can organizations adhere to the norms of scientific ethos when defending their products and procedures during times of crisis? To answer this question, I offer a case study in which a test of ethical norms for the scientific community is applied to a sample of scientific arguments offered by the Exxon Corporation in response to the Valdez oil spill. Accordingly, I first describe the context of the Valdez disaster in terms of an organizational crisis. Next, I describe the nature of scientific argument and the norms of scientific ethos. These norms are then applied to several speeches delivered by the CEO of Exxon. Finally, I offer an explanation of how and why a complimentary relationship between the norms and counter norms of scientific ethos is an appropriate and realistic standard for effectively measuring the ethics of profit seeking organizations engaged in scientific argument during times of crisis. CONTEXT OF THE EXXON VALDEZ OIL SPILL In order to establish the context for Exxon's scientific argumentation in the wake of the Valdez crisis, it is essential to offer some boundaries for what I label scientific argument. …

Organizational Innovations in a Long-Term Perspective: Legitimacy and Souls-of-Fire as Critical Factors of Change and Viability

Abstract: What may be learned from organizational innovations in a long-term perspective? This article is based on eight studies over a period of 10-20 years. An insurance department is used as an illustrative and representative case. The department manager was a successful soul-of-fire (i.e., champion) during the change process. The continuous defense of the organization's values and culture distanced him from the rest of the company. Legitimacy (especially top management acceptance) is something that has to be continuously regenerated. The soul-of-fire faces two major dilemmas: first, the learning dilemma, i.e., the need to balance the efforts for internal learning and development in the unit with diffusion activities and the creation of external legitimacy; second, the change dilemma, i.e., the need to balance the direction and control of change with support for employee autonomy and influence.

Moral Values and the Teacher: beyond the paternal and the permissive

Abstract: Teachers are regularly blamed–especially in times of moral panic–for failing to set a good example and teach proper moral standards to their pupils. As well as familiar issues about moral values and the legitimacy of different modes of moral pedagogy this also raises the question of the degree of connection between a teacher's private and personal values, attitudes and behaviour and his or her professional conduct and responsibilities. Two common responses to these problems–paternalism and liberalism–are here criticised and an alternative perspective on the moral role of the teacher is sought, drawing on communitarian insights into the nature of moral and other values and their function in human affairs.

Toward a Political Framework for Flexible Management of Decline

Abstract: Research on organizational decline suggests that some organizations cope with decline by becoming more rigid, while others become more flexible and risk taking. Few studies have examined the specific managerial activities that lead to the more flexible course. This study reanalyzes a case of organizational decline in a small midwestern school district that coped successfully by implementing a carefully structured participation process. Administrative leaders in the district, in particular the superintendent, "opened a conversation" through a carefully arranged and supported task force with a broad group of citizens, staff, teachers and students about the goals and priorities of the district. The citizens' committee efforts continued for six months and resulted in a strong consensus for action a tax levy, closing a school, restatement of program priorities and staff rollbacks. The case points to managerial actions that other organizations could follow to remain flexible and vitalized during decline. Critical steps included: shaping the perceptual fields of participants through information and disclosure in order to help participants recognize a serious and urgent problem without introducing crisis; careful management and operational support of task formats for broadened participation, with minimal influence on the substance of their recommendations; leadership through coaching of submanagers who facilitated the process indirectly; anticipating and dealing directly with conflicts by balancing views and channeling different interests into shared governance opportunities where heterogeneity was valued and institutional knowledge could be gained. The authors advance a political model, based on management as a process of governance, to explain how the leadership in this organization conceptualized its role. Management acted as a steward for decisions about organizational goals and legitimacy that others would make. By surrendering the power to shape reality for others and instead allowing them through discourse to establish a coherent policy out of heterogeneity, the superintendent created commitment to the organization during a time of stress and eventually a robust consensus which became the basis for action. A model of shared governance that was in harmony with the community's history and values and that reflected the superintendent's personal philosophy was implemented through specific activities. The shared governance model provides a unified conceptual explanation for why the superintendent acted as he did, and it highlights the specific functions managers might perform if the organization is to respond flexibly during decline. The political interpretation extends and refines current theoretical models of organizational decline processes and suggests approaches that are potentially applicable to other organizations.

Unarmed Against Hitler: Civilian Resistance in Europe, 1939-1943

Abstract: The Main Traits of the Nazi Occupation in Europe Which "Resistance" The Complexities of Noncooperation The Question of Legitimacy Elements of Social Cohesion The Role of Opinion Civilian Resistance Agains Repression Civilian Resistance to Genocide Which Role for Which Results? Conclusion :The New Field of Civilian-Based Defense Strategies Appendix: Elements of Methodology: List of Examples Studies Index

Recognition of States: A Comment

Abstract: Legal issues arising from dissolution of states, emergence of new states and recognition of the latter require a thorough understanding of the relevant facts. While it is obvious that any legal discourse must proceed from firm factual foundations, it is necessary to emphasize the importance of the circumstantial dimensions of the issues, given that the views on the pertinent facts usually diverge, at least during the policymaking stage. Assessment of facts is much easier from a historical distance. Nobody questions today the wisdom of recognizing the dissolution of the Spanish colonial empire in Latin America, or the independence of Greece from the Ottoman rule. These events belong to history and have a comfortable place in contemporary textbooks on international law. However, at their time they were among the most controversial political issues of the time and contributed considerably to the collapse of the hitherto prevailing international system which was based on the principles of the Holy Alliance. The principle of legitimacy as understood at that time had to give way to independence of new states. Therefore, it seems necessary to recognize that the 'facts' and 'policy matters' concerning dissolution of states, emergence of new states and recognition of the latter contain more than facts per se: they also contain an important contextual dimension and it is necessary to make an effort to understand it as completely as possible. It is necessary to comprehend the historical context within which they take place, as well as their effect on the functioning of the international system.

The moral legitimacy of intellectual property claims: American business and developing country perspectives

Abstract: Private property forms the bedrock of the business/society relationship in a market economy. In one way or another most societies limitwhat people can claim as property as well as theextent of claims they can make regarding it. In the international arena today intellectual property rights are a focal point of debate. Many developing countries do not recognize the monopoly claims of patents and copyrights asserted by business as legitimate. This paper reviews contemporary areas of dispute and then presents the tasks facing the construction of a fair intellectual property rights regime.

Trends of Political Support in the Federal Republic of Germany

Abstract: For various reasons, doubts as to the stability of the FRG’s political system have been expressed throughout its existence. These doubts were initially based on the fact that the Federal Republic was founded only a few years after the end of the National Socialist dictatorship. The data published by Merritt and Merritt (1970, 1980) show that this initial scepticism was quite justified. Democratic institutions were introduced with the passing of the Grundgesetz (Basic Law) in May of 1949, but on the part of the citizens one could assume at best a passive acceptance of these new institutions. From the perspective of establishing a stable democracy, the decisive problem was therefore to get the citizens to accept the legitimacy of the new democratic institutions. According to the available data, this problem could be considered solved by the beginning of the 1970s at the latest, with the establishment of a legitirnate political system (Conradt 1978; Fuchs 1989).

Legitimacy, Institutional Change, and the Politics of Public Administration in Sweden

Abstract: Public administration in Sweden has been the chief vehicle for the rapid postwar development toward an extensive welfare state. However, during the 1980s, as a result of increasing criticism about inertia and bureaucratization, several major reforms were initiated to "renew" the public sector. These reforms included a wide range of different measures, including deregulation, privatization, and "liberalization" experiments at the local level.This paper argues that these reforms, along with increased overall efficiency of the public sector, fulfilled a number of political and admin istrative functions. They were aimed at enhancing the overall legitimacy of the public administration and also at displacing conflicts triggered by fiscal problems to the local political level. As a result, the 1980s witnessed local governments becoming increasingly important suppliers of public services. At the same time, state public administration agencies adopted a more subtle and observant role than they had previously played.

The Dialogue of Justice: Toward a Self-Reflective Society

Abstract: James Fishkin offers a theory of liberal democracy based on a self-reflective society---a political culture in which citizens are able to decide their own fate through unconstrained dialogue. The practical applications of his theory---which include deliberative opinion polls that would allow ordinary citizens to explore issues directly with candidates before election, and vouchers that would allow them to organize representaton for their interests---would lead to a more participatory democracy that would in turn provide the key to issues of political legitimacy and social justice.

Political Authority and University Formation in Europe, 1200–1800

Abstract: Both historical analysis and data on university formation in Europefor the period 1200-1800 are used to introduce a perspective which links the organizational pattern of university foundings with the structure of political authority. Most theories of higher education cannot account for the pattern of university foundings. My political-institutional perspective interprets this pattern in the context of the relationship between knowledge and authority in Western history and connects the founding and control of a university to claims to political authority. Quantitative data suggest that universities are founded least where there is a central authority with rela- tively low levels of competing authority claims (e.g., England). They are founded most in highly decentralized regions characterized by many claims to sovereignty (e.g., Germany, Italy). Intermediate to high rates of found- ings occur where a multiplicity of local and provincial claims to authority exist within a bureaucratic state (e.g., France, Spain). Universities are usually viewed in terms of educational purposes, and explana- tions of both historical and contemporary university formation tend to point to functional reasons for their existence: the educational requirements of moderniz- ation and development, the technical and bureaucratic demands of society, or the need for trained professionals. Indeed, many authors have stressed such practical aspects of the nature and origins of university education (Ben-David 1968; Cobban 1975; Hill 1972; Kagan 1974; Le Goff 1980; Powicke 1949; Smith 1958). In these discussions, the broader role of the university as an institution and its direct connection with political authority are ignored. The story of universities between 1200 and 1800 is one of change in the relationship between the university and various levels of political authority- especially the state. State-building within Western Europe evolved in a highly competitive environment. The newly emergent states were competing for au- thority and supported their claims to legitimacy by appropriating the authority

Comparative Capitalism: The Japanese Difference:

Abstract: The Japanese are becoming much more explicit about how their form of capitalism differs from the Anglo-American model. The key differences are: managerial autonomy from the interests of stockholders and employees; social priorities that favor producers over consumers; industrial policy, meaning the development, guidance, and supervision of industry by the government; and the strong Japanese state, whose legitimacy derives from its accomplishments rather than from public consent. The Japanese version of capitalism is fully viable and likely to prevail over its competitors.

The Eurolaw Game: Some Deductions from a Saga

Abstract: The subject-matter of this article is the recent bout of litigation concerning the validity under Community law of the restrictions in England and Wales on Sunday trading. The aim of the article is to develop, by means of strict analysis, a series of important themes relating to the role of law in the Community and to the future development of the Community legal order. The term 'saga' has been used in the literature to denote the situation where a single policy attracts litigation over a period of time through a series of attacks. Protracted and convoluted, subtle in argument, and commercially of great significance, the Sunday trading litigation is a classic saga. It serves to highlight a phenomenon within the European Community of policies or strategies of litigation by private parties.1 More specifically, it demonstrates the potential in the internal market for the use of litigation strategies to achieve economic ends by powerful corporate interests which are able, as 'repeat players', to litigate frequently. A major theme concerns the appeal to Community law in order to frustrate or to overturn the outcomes of the legal and political process of the member state. In the course of the analysis, certain features of the Community legal order will be identified as helping to make this a profitable enterprise. Further, the scope in this situation for creative lawyering will be demonstrated by the powerful contribution on both sides of committed and highly skilled advocates. The analysis documents the considerable strain placed on the national legal system by the actions of the traders. A theme which is brought sharply into focus is the continuance of tensions between the role of the national courts as Community courts and their role inside the national constitution. There is a very real threat here to the legitimacy of the national legal system, made on this occasion to look inadequate and uncertain. The argument is advanced that, at this stage of the constitutional development of the Community, a broader focus to legal analysis is in order: a focus which encompasses not only the