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Legitimacy

About: Legitimacy is a research topic. Over the lifetime, 26153 publications have been published within this topic receiving 565921 citations.


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Book
26 Feb 2004
TL;DR: Schmitt as discussed by the authors argues that only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society, and argues that parliamentarism, constitutionalism, and the rule of law cannot respond effectively to challenges by radical groups like the Nazis or Communists.
Abstract: Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.

156 citations

Book
01 Jan 2008
TL;DR: Rights, Regulation and the Technological Revolution as discussed by the authors explores the difficulties facing the public control of rapid technological change, focusing on the problems of regulatory effectiveness, connection, legitimacy and compliance, arguing that as regulators struggle to find adequate frameworks to limit, license and support new technologies, they will increasingly rely on a technological approach to complement, enhance, and even replace traditional legal strategies.
Abstract: Rights, Regulation and the Technological Revolution confronts a central question facing modern government - how can regulators respond to both the challenges and opportunities presented by a technologically-driven society without sacrificing legitimacy for effectiveness, or weakening the essential conditions of a stable, aspirant moral community? Analyzing developments across biotechnology, information and communications technology, nanotechnology and neurotechnology, the book explores the difficulties facing the public control of rapid technological change, focusing on the problems of regulatory effectiveness, connection, legitimacy and compliance. The book argues that as regulators struggle to find adequate frameworks to limit,license and support new technologies, they will increasingly rely on a technological approach to complement, enhance, and even replace traditional legal strategies. The book breaks new ground by offering the first overarching commentary on the relationship between regulators, i ndustry, and wider society as the new technologies of the twenty-first century achieve an ever-greater penetration in our daily lives.

156 citations

Book
22 Mar 2012
TL;DR: In this article, the authors present an analysis of the relationship between law, language and legitimacy in the context of authoritarian rule of law in Singapore, and show how prosperity, public discourse, and a rigorous observance of legal procedure have enabled a reconfigured rule-of-law such that a liberal form encases illiberal content.
Abstract: Scholars have generally assumed that authoritarianism and rule of law are mutually incompatible Convinced that free markets and rule of law must tip authoritarian societies in a liberal direction, nearly all studies of law and contemporary politics have neglected that improbable coupling: authoritarian rule of law Through a focus on Singapore, this book presents an analysis of authoritarian legalism It shows how prosperity, public discourse, and a rigorous observance of legal procedure have enabled a reconfigured rule of law such that liberal form encases illiberal content Institutions and process at the bedrock of rule of law and liberal democracy become tools to constrain dissent while augmenting discretionary political power - even as the national and international legitimacy of the state is secured This book offers a valuable and original contribution to understanding the complexities of law, language and legitimacy in our time

156 citations

Journal ArticleDOI
TL;DR: In this article, the authors define four common types of corruption and point out the political consequences of each of them, namely, the extent to which each tends to solidify or weaken linkages among people and groups at various strata of political systems.
Abstract: Disagreement continues over the political consequences of corruption. Perspectives on the question are almost as numerous as cases of corruption itself. Thus, the literature resists any easy classification into schools of thought. In general, however, "moralists" (a term used more by critics of this outlook than by its adherents) have long argued that corruption is harmful to societies and governments, impeding development and eroding the legitimacy even of honest elites and well-run institutions.' "Revisionists, by contrast, point to possible benefits of corruption, suggesting that it can speed up cumbersome procedures, buy political access for the excluded, and perhaps even produce de facto policies more effective than those emerging from legitimate channels.2 A third outlook suggests that the consequences of corruption depend in part upon the characteristics of political systems, such as the balance of political and economic opportunities,3 levels of economic development, national integration, and governmental capacity,4 or upon the relationships among key factions and elites.5 But while the debate has produced many useful studies of particular cases, its overall findings have been contradictory. In one sense, the debate has been curiously asymmetrical, with moralists arguing that corruption is harmful, while revisionists reply that it can be beneficial.6 Moralistic analyses also suffer, at times, from an a priori assumption that corruption is a bad thing (or that "legitimate" policies are inherently preferable to those produced corruptly) and tend to blame corruption for a disproportionate share of a society's problems. Revisionists, for their part, often rely too much upon anecdotal evidence, hypothetical cases, and speculative linkages between corruption and social outcomes. This paper is an attempt to refocus the debate by calling attention to two recurring problems. First, I will argue that we have tended to focus upon overly broad (and at times unanswerable) questions. Before we can attribute general systemic trends and problems to corruption, we need to understand its more specific political effects. Second, I will suggest that we can reconcile seemingly contradictory findings if we recognize that corruption can come in many forms with differing consequences. Most forms of corruption, I will argue, can be studied as processes of exchange whose internal logic differs from one form to another. This approach will be used to define four common types of corruption and to point out the political consequences of each. These will be "micro" consequences, specifically the extent to which each tends to solidify or weaken linkages among people and groups at various strata of political systems. This analysis is not intended to produce global generalizations about the implications of corruption for such systematic processes as economic or political development. Rather, it will propose categories which will allow us to employ the concept of corruption more

156 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20245
20231,984
20224,252
2021967
20201,096
20191,281