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Topic: Legitimacy (law)

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	Legitimacy (law) (Site not responding. Last check: 2007-10-24)
		The definition of legitimacy at common law famously differed from the definition of canon law, the laws of the church.
		The common law, taking a less indulgent view (and amended by the Legitimacy Act 1977), required that at least seven months must intervene between the wedding and the birth before the child would be legitimate in the eyes of the law of England.
		Legitimacy was formerly of great consequence, in that only legitimate children could inherit their fathers' estates.
	www.alloffinance.com /Legitimacy_(law).html (1078 words)

	Legitimacy Survives. Too Bad.
		Legitimacy is a psychological phenomenon, enhanced by a variety of false consciousness techniques ranging from the inculcation of myths to denials that philosophical differences affect decisions to the use of fl robes, elevated chairs, and legal mumbo-jumbo.
		The law enshrines procedural justice, partly because it's usually easier to figure out what that means than in the Bush-Gore case, and partly because law as an elite tool incorporates principles and procedures that intentionally deny meaningful justice for the masses.
		Law developed historically to displace well-functioning face-to-face nonlaw societies, generally egalitarian societies maintained by varying combinations of custom and peer pressure.
	www.dennisfox.net /columns/legitimacy.html (786 words)

	Legitimacy - Wikipedia, the free encyclopedia
		Legitimacy (political science) is whether or not people accept the validity of a law or ruling or the validity of a governing regime.
		In the Marxian tradition, issues concerning the legitimacy of entire political-economic systems (such as capitalism) are discussed.
		In the common law tradition, legitimacy (law) describes the status of children who are born to parents that are legally married.
	en.wikipedia.org /wiki/Legitimacy (158 words)

	[No title]
		Law is a critical aspect of this picture, and adherence or non-adherence to the law becomes an indicator of legitimacy.
		Since legitimacy impacts the different forms of power in different ways, this may be a better way of clarifying the sources of, and need for, legitimacy.
		Legitimacy in Mozambique does not rest on democratic procedures alone, the path that is often chosen or externally prompted.
	www.beyondintractability.org /m/legitimacy.jsp (3206 words)

	Politics or Rule of Law: Deconstruction and Legitimacy in International Law
		Thus, in striving to relate law to social phenomena and not to abstract principles of natural law or contested political views on justice, the requirement of concreteness is linked with the `social conception of law' which views law as an artificial rather than natural phenomenon.
		The key argument regarding the lack of objectivity of international law and the lack of distance from politics which Koskenniemi considers necessary for the rule of law is based on the contradiction between the requirements of `concreteness' and `normativity'.
		It would rather mean that law has to come into existence in accordance with certain procedures which are recognized as necessary for the generation of law and which provide the criterion for the verifiability of the validity of legal rules and hence for the existence or non-existence of law.
	www.ejil.org /journal/Vol4/No1/art1.html (1720 words)

	Legitimacy of the Judiciary, vol. 6.4
		For example, in administrative law for lower courts, establishing the facts of the case at hand and the legal protection of the citizen against the authorities may be more important than the court's function of developing the law or guaranteeing the unity of the law.
		The legitimacy of the judiciary thus means the recognition of the authority of the judiciary and its decisions.
		Law is connected to the fundamental norms and values prevalent in a society of free and equal citizens by means of general legal principles.
	www.ejcl.org /64/art64-3.html (9042 words)

	Jack M. Balkin-- Home Page
		The law of equality is also the law of inequality; it declares what constitutes unequal treatment as a matter of law, and what forms and claims of inequality the law will not recognize as presenting real or remediable problems of inequality.
		The law of equality enforces that compromise and restates it in principled terms, so that what law enforces is not equality per se, but equality in the eyes of the law.
		Legitimacy means that the constitutional/governmental system is sufficiently worthy of respect that members of the political community can accept its power to coerce obedience to law and enjoy the goods of political union.
	www.yale.edu /lawweb/jbalkin/writings.htm (4199 words)

	[No title]
		Therefore, the legitimacy of the judiciary is closely connected to the legitimacy of the law.
		The law itself aims to realise a value, i.e., justice, which is the specific constitutive value of law.[43] As such, it is a system which embodies values which are `essential determinants of the law's content.'[44] Some of these more specific legal values are legality, equality, predictability, transparency, (judicial) impartiality, a fair opportunity to be heard.
		With a constructive scheme it is possible to establish the purpose or meaning of the law, and to state the consistency of a diversity of treaty texts, constitutional and statutory rules, judicial decisions, etc. This constructive scheme formulates the purpose or meaning of the applicable law in terms of objectives which are pursued.
	www.ejcl.org /64/art64-3.txt (8432 words)

	[No title]
		From the perspective of law, the legitimacy of punishment in general, and its particular manifestations, turns not on its consistency with a prudential ideal of the punisher, but on its consistency with a moral ideal of the punished.
		The law further distinguishes homicide from these depersonalizing assaults, presumably on the ground that only the former definitively works a permanent destruction of personhood—no matter how reliable the predictions of medical science might be regarding the extent and the curability of a particular condition short of death.
		The reason we don’t yet have a theory of criminal law is that we have yet to grasp the implications of recognizing punishment as a species of law, rather than of police, where law is understood as autonomous governance by persons of persons, and police as heteronomous governance by the householder of his household.
	wings.buffalo.edu /law/bclc/web/policeweb.doc (15840 words)

	[No title]
		The criminal law itself is conveniently divided into a general part, which includes the general principles of liability that apply across to the board and a special part, which includes the definitions of the various offenses for which criminal liability might be assessed according to the principles delineated in the general part.
		The central question of the law of causation is to what extent a result can be ascribed to a particular person as the manifestation of her autonomy, rather than to another person or to an apersonal cause (such as bad weather or bad luck).
		The reason we don’t yet have a theory of criminal law is that we have yet to grasp the implications of recognizing punishment as a species of law, not police, where law is understood as autonomous governance by persons of persons, and police as heteronomous governance by the householder of his household.
	wings.buffalo.edu /law/bclc/web/legitimatingweb.doc (15672 words)

	20th WCP: Habermas’ Between Facts and Norms: Legitimizing Power?
		The internal aspect of this tension can be seen between law as demarcating the range of one’s actions and choices, which are social facts, and law as connected with a universalizable principle of rights, which is the source of law’s legitimacy.
		The medium of law, then, maintains the tension between the concrete context of claims of reason and their context-transcending idealization, without allowing the tension to be resolved in favour of either of the two poles.
		In light of such a construct of modern law, the central claim of the book comes to the fore: there is an internal relation between the rule of law and democracy.
	www.bu.edu /wcp/Papers/Poli/PoliShab.htm (3087 words)

	PointofLaw.com \| PointOfLaw Featured Discussion
		This is a definitional requirement of corrective justice, and a fundamental proposition of the common law of tort.
		Due process of law entitles defendants to those PROCEDURES that are part of the law of the land, and Pacific Mutual got those.
		As a medievalist (which I was before I took up law), the appeal of a Magna-Carta-based opinion is undeniable; and when you have a clause (excessive fines) that can be dated back earlier than the tort-crime division, simply announcing the tort-crime division may not be an adequate answer.
	www.pointoflaw.com /feature (6658 words)

	False Consciousness About Law's Legitimacy
		Primary components of false consciousness about law are the belief that procedural justice is more important than substantive justice, the acceptance of legal doctrines that support corporate capitalism, and the belief that the rule of law is superior to individualized justice.
		When the field of psychology and law became institutionalized three decades ago with the birth of an organization and a journal, the central goal of pioneering psychologists of law was to promote justice.
		Whether apparently increasing political cynicism has undercut legitimacy is an open question, but to the extent that it exists, legitimacy remains a significant barrier to movements for social change that confront not just the state's power but the public's endorsement of that power (Lefcourt, 1971).
	www.dennisfox.net /papers/false.html (6943 words)

	Assignments for Criminal Law (Site not responding. Last check: 2007-10-24)
		It denotes a vision of government based on ideal Law, and was, ironically, referred to quite extensively during Nazi Germany in the notion of a Rechtsstaat.
		You already possess knowledge of the principles of criminal liability, responsibility, and culpability, and now, you are to demonstrate your ability at applying the principles of complicity, accomplice liability, and the laws of attempt, conspiracy, and solicitation.
		There's also some case law for accomplice liability if you assume the particular gun in question was made or purchased for criminal purposes (think of the tobacco manufacturer lawsuits as a model).
	faculty.ncwc.edu /TOConnor/293/293assign.htm (3429 words)

	Psychology, Law & Justice
		"Psychology and Law" as a specialized field of study began in the 1960s as many social psychologists turned their interests in applied directions.
		I used to be on the Editorial Board of the journal Behavioral Sciences and the Law.
		Law, Justice, and Reconciliation in the Israeli-Palestinian Conflict: Comments and Questions from a Visiting Critical Psychologist.
	www.dennisfox.net /psylaw/index.html (210 words)

	Solum’s Lexicon: Legitimacy at Law & Society Blog
		The Alexy triangle provides an intuitive way of illustrating that claim, which makes it useful not only for a conceptual definition of law, but also (and not surprisingly) as a tool to classify theories of legitimacy.
		Rawls’ theory of legitimacy addresses all three prongs, proper promulgation, social efficacy, and permissible content, with an emphasis on the latter.
		In my view, the process aspect of legitimacy is fundamental, because legitimacy is to such a large extent a question of “more or less.” Legal processes, by blending both normative and factual elements, generate incremental legitimacy by approximating normative ideals of justice, while at the same time, they factually undermine and delegitimize dissent.
	www.lawsocietyblog.com /archives/68 (354 words)

	VDARE.com: 04/02/02 - VITAL SIGNS: Law, Power, Legitimacy, and the 14th Amendment
		The Radical Republicans reacted by enacting three laws between March 2 and July 19, 1867, known as the Reconstruction Acts.
		Slavery, therefore, is still a lawful institution in the United States.
		Most, if not all, of the laws, regulations, and rulings pertaining to affirmative action, desegregation, “hate crimes,” multilingualism, multiculturalism, U.S. citizenship, voting, reapportionment, religion, education, housing, welfare, states’ rights, and territorial powers are based almost exclusively on the 14th Amendment.
	www.vdare.com /fallon/14th_amendment.htm (1354 words)

	SSRN-Legitimacy in International Environmental Law by Daniel Bodansky
		The problem of legitimacy is one of the oldest in political theory.
		In recent years, legitimacy has begun to emerge as an issue not only in international law generally, but in international environmental law more specifically.
		But, without a firmer basis of legitimacy, states will be unwilling to entrust international environmental institutions with the necessary decision-making authority.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=899988 (329 words)

	Winds of Change.NET: Law Enforcement and Legitimacy (Site not responding. Last check: 2007-10-24)
		Mark Kleiman has an interesting post suggesting that one of the key metrics we're using in law enforcement - the number of people convicted - is the wrong one.
		Since we're on the subject of law enforcement I have a draft circulating on what the role of domestric law enforcement should be in the War On Terror.
		Rehabilitation be it in prison / jail or mandated by law in lieu of prison / jail is still a tax payer / family economic burden.
	www.windsofchange.net /archives/005417.php (1920 words)

	Eugene Volokh
		Eugene Volokh teaches free speech law, criminal law, copyright law, the law of government and religion, and a seminar on firearms regulation policy at UCLA Law School.
		He is a member of the The American Law Institute.
		The Trojan Doctrine: Trademarks and the Law of the Horse, 8 Texas Review of Law and Politics 259 (2004).
	www.law.ucla.edu /faculty/volokh (3081 words)

	CNN.com - High court to hear key school race cases - Jun 5, 2006
		Writing for a 5-4 majority that upheld Michigan's law school admissions policy, then-Justice Sandra Day O'Connor wrote, "In order to cultivate a set of leaders with legitimacy in the eyes of the citizenry, it is necessary that the path to leadership be visibly open to talented and qualified individuals of every race and ethnicity."
		While ushering in a wave of laws ensuring full integration in public facilities, the Brown ruling also prompted backlash in many communities.
		Forced busing and an exodus of white students into private schools were part of the fallout in subsequent years.
	www.cnn.com /2006/LAW/06/05/scotus.schools.race (895 words)

	Amazon.com: The Power of Legitimacy Among Nations: Books (Site not responding. Last check: 2007-10-24)
		In this provocative study, Franck employs a broad range of historical, legal, sociological, anthropological, political, and philosophical modes of analysis to unravel the mystery of what makes states and people perceive rules as legitimate.
		Demonstrating that virtually all nations obey most rules nearly all of the time, Franck reveals that the more legitimate laws and institutions appear to be, the greater is their capacity for compliance.
		Distilling those factors which increase the perception of legitimacy, he shows how a community of rules can be fashioned from a system of sovereign states without creating a global leviathan.
	www.amazon.com /exec/obidos/tg/detail/-/0195061780?v=glance (489 words)

	Home - Berkman Center for Internet & Society
		Nepal, which severed all international Internet connections when the King declared martial law in February 2005, is the only other state to take such drastic action.
		Although extreme, the measures taken by the Burmese government to limit citizens’ use of the Internet during this crisis are consistent with previous OpenNet Initiative (ONI) findings in Kyrgyzstan, Belarus, and Tajikistan, where authorities controlled access to communication technologies as a way to limit social mobilization around key political events.
		* Citizen Media Law Project: U.S. House Overwhelmingly Passes Federal Shield Bill, Changes Definition of Who is Covered.
	cyber.law.harvard.edu (2291 words)

	The growth of biotechnology law - Boston Business Journal: (Site not responding. Last check: 2007-10-24)
		Imagine building a law practice around clients with theories as opposed to products, a practice in which your daily work involves fighting for the legitimacy of a product that exists only on paper and in the imaginations of its scientists.
		This is the world of the biotechnology attorney, where companies form joint ventures on the basis of skills, hope and faith and where attorneys with a wide array of experience are required, not the least of which are beliefs similar to those of the negotiating companies.
		The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of bizjournals.
	boston.bizjournals.com /boston/stories/1998/03/23/focus1.html (664 words)

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