Legitimacy

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

Fictions of advice : the literature and politics of counsel in late medieval England

Abstract: Ferster's chapter on Gower, in this new study of the Furstenspiegel tradition in the late Middle Ages, is a lengthened version of the essay entitled "O Political Gower" that appeared in the 1993 special issue of Mediaevalia (reviewed in JGN 13, no. 2, pp. 9-10). Her Mediaevalia piece focussed on the ways in which Gower embedded commentary on contemporary issues in the "Mirror for Princes" in Book 7 of CA. Mixing some subtle rereadings with a sharp alertness to context, she found beneath the poet's obvious deference to the king some pointed advice, particularly on the very subject of advice itself: "The key to [Richard's] success," Gower suggests, according to Ferster, "is not his choice among aristocratic advisors, but his willingness to bend to hear the complaints of the commoners" (Mediaevalia 16 [1993):41). Ferster broadens her analysis in this lengthened version by giving more attention to the language of CA, demonstrating both that Gower's deference is more marked in his English poem than it is in either MO or VC, and also that the language that he uses in describing petitions to kings echoes the idiom of contemporary political discourse. She also comments at greater length on what she sees as Gower's representation of the voice of the gentry in contemporary disputes. Finally, she adds a completely new discussion of a group of tales in Book 7 — "Diogenes and Aristippus," "Tarquin and Aruns," and "Ahab and Micaiah" — that, in the paradoxes they raise, seem to bring into question what she calls the "hermeneutics of counsel" and to suggest, before offering an alternative in attention to the vox populi, the futility of a king's dependence upon his own counsellors. The inclusion of her discussion of Gower within the frame of her broader study also allows Ferster to place Book 7 much more persuasively within the tradition of the "advice for princes" from which it derives. The two main themes of Ferster's book are the paradoxes and contradictions inherent in any situation in which a poet or author presumes to advise his king, and the ways in which each of the various works that make up the Furstenspiegel tradition, beginning with the Secretum Secretorum, can be found to contain a specific contemporary agenda beneath the gestures of deference and the overt endorsement of the monarch's power that are inevitable to the genre. In England in particular, she argues, the principal of the community's right to impose limitations on the king was embodied in Magna Carta, and discussion of the reciprocal relations between monarch and subjects was often phrased in terms of the right to give and the duty to follow advice. By the fourteenth century there was an active community of political discourse, with different groups staking out their rights to advise the king, and several obvious and well known instances in which either the king himself was deposed or his powers limited. The dangers of opposing the king were nonetheless very real, and the trope of the king's need for good advice provided a justification for what might otherwise be taken as a presumption upon the king's power, while the genre of the manual of advice, offered in presumed deference to the king, could be the safest means for offering critical, if necessarily indirect, comment on policies of special importance to the author. Ferster includes chapters on James Yonge's 1422 English translation of the Secretum Secretorum, on Chaucer's Tale of Melibee, and on Hoccleve's Regement of Princes as well as on CA, and she concludes with a brief consideration of Machiavelli's The Prince. She sets the Melibee in the context of the Appellants' crisis, and argues that both the lapses in Prudence's judgment and Melibee's inability to put her advice into practice represent Chaucer's attempt to deconstruct the ideology of advice by which the Appellants justified their impositions upon Richard's authority. Hoccleve, she argues, mixes his endorsement of the legitimacy of the Lancastrian line with pointed criticism of Prince Henry and discussion of some of the most divisive issues of the last years of his father's reign. Each of these readings, like her comments on Book 7 of CA, raises particular problems, both in Ferster's techniques as a reader and in her interpretation of the contemporary political setting; in the former regard, her emphasis upon the apparently deliberate self-contradictions in both CA and the Melibee depends upon an expectation of a formal and thematic consistency in a work of this sort and of this period that is perhaps unreasonably high. The great merit of her book is that by juxtaposing these works and asking the same sorts of questions about them, she has removed the mask of the authors' self-presentation to their patrons and opened up the whole tradition of the advice to the king to a more critical and more revealing view; and in response to the doctrine that there is no possibility of escape from contemporary ideology, she has convincingly demonstrated the presence of a multitude of dissenting voices, however covert some may be, in the political discourse of late medieval England. [PN. Copyright The John Gower Society. JGN 16.1]

The Legitimacy of the Business Corporation in the Law of the United States, 1780-1970

Abstract: These three essays deal with public policy with respect to the business corporation in the United States from 1780 into the 1960's. They trace the development of the business corporation from the time it was treated as a matter of special privilege to the end of the nineteenth century when corporation became available to all qualified applicants under general legislative and simple administrative procedures. After public and legislative acceptance of the corporation, the twentieth century was faced with the task of adjusting the corporation to the general demands of public policy. This study develops in great detail the tenet that the corporation must be legitimate, that is, that it must be both useful and responsible. To this end, specialized bodies of regulatory law have been created outside the law of corporate structure. These essays reflect almost two hundred years of public policy concentrated on making the corporation a ""legitimate instrument of business energy and ambition."" They include full documentation with detailed references to all relevant legal materials. Their examination of the legitimacy of privately organized power is the most complete study of this important force available.

Limits on legitimacy: Moral and religious convictions as constraints on deference to authority.

Abstract: Various versions of legitimacy theory predict that a duty and obligation to obey legitimate authorities generally trumps people's personal moral and religious values. However, most research has assumed rather than measured the degree to which people have a moral or religious stake in the situations studied. This study tested compliance with and reactions to legitimate authorities in the context of a natural experiment that tracked public opinion before and after the U.S. Supreme Court ruled in a case that challenged states' rights to legalize physician-assisted suicide. Results indicated that citizens' degree of moral conviction about the issue of physician-assisted suicide predicted post-ruling perceptions of outcome fairness, decision acceptance, and changes in perceptions of the Court's legitimacy from pre- to post-ruling. Other results revealed that the effects of religious conviction independently predicted outcome fairness and decision acceptance but not perceptions of post-ruling legitimacy.

Subversive Piety: Religion and the Political Crisis in Late Imperial Russia

Abstract: Most scholarship on the Russian prerevolution has focused exclusively on political and social history, casting personalities and parties (or, alternatively, estates and classes) as the main protagonists and antagonists. Whether a particular historian belongs to the "optimist" or "pessimist" camp regarding the long-term viability of the ancien regime, the argumentation has conventionally emphasized political or (more recently) social factors in explaining the crisis and collapse of the tsarist system. Although this traditional approach has done much to illuminate the revolutionary process, it has ignored its cultural and especially its religious dimensions; apart from examining the ideology of the intelligentsia, it has otherwise discounted the role of culture, especially in configuring popular perception and behavior. Thus the historiography has neglected political culture, which sustained-or dissolved-the shared consensus that confers legitimacy (spiritual, ethical, national) and prescribes the values and implicit rules for political conduct. That political culture, no less than social stress or economic conflict, played a critical role in determining whether society would continue to pay obeisance to the existing regime and whether it believed that this regime should (much less could) resolve fundamental social and ethnic grievances. The Russian Orthodox Church, without question, provided one of the major cultural dynamics in the Russian prerevolution. Historians have traditionally tended to ascribe a conservative, integrative role to the Church, whether as a phalanx of reactionary clergy or as the opium of pious submissiveness. The Church had indeed played an integrating role in early modern Russia, preaching divine right and helping to formulate key symbols of the political culture.' It also claimed a strong hold over the faithful-a hold it maintained well into the early twentieth century, when the populace still exhibited high rates of reli-