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Legitimacy in Crisis : Case-Studies in American Political Culture
This book takes a case study approach to explore the crisis of legitimacy in American political culture.The question of legitimacy resides at the heart of any political system.However, understanding why an individual should recognize another’s power over them is not solely limited to the analytically political but is deeply embedded in the larger cultural context of any society.Through a series of ethnographic case studies focused on the United States – from those involving the rhetoric of presidential prophecy and abuse of power to the dispute over a local sewerage authority’s reach and a case of classroom blasphemy – the book aims to demonstrate both a ground-up approach to the problem of legitimacy and to capture some of the common cultural features that bond the examples together.The book will, therefore, be of interest to scholars of anthropology, sociology, political science, and socio-legal studies.
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Beyond Neighbourhood Planning : Knowledge, Care, Legitimacy
The past three decades have seen an international ‘turn to participation’ – letting those who will be affected by outcomes play an active role in decision-making – but there is widespread dissatisfaction with actual instances of citizen-state engagement.Neighbourhood planning in England exemplifies this contradiction. This innovative analysis brings theory, research and practice together to give insights into how and why citizen voices become effective or get excluded.Ethnographic data from detailed studies of neighbourhood planning are used to illustrate the constraints and possibilities of a wide range of participatory governance practices and social movements.The book concludes with recommendations to re-invigorate community involvement in planning and beyond.
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Good Policing : Trust, Legitimacy and Authority
Renowned criminologist Mike Hough illuminates the principles and practices of good policing in this important analysis of the police service’s legitimacy and the factors, such as public trust, that drive it. As concern grows at the growth in crimes of serious violence, he challenges conventional political and public thinking on crime and scrutinises strategies and tactics like deterrence and stop-and-search.Contrasting ‘hard’ and ‘soft’ approaches to policing and punishment, he offers a fresh perspective that stresses the importance of securing normative compliance. For officers, students, policy makers and anyone who has an interest in the police force, this is a valuable roadmap for ethical policing.
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Diversity Judgments : Democratizing Judicial Legitimacy
The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory.Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community).Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process.The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented.The current process marginalizes many Americans who have a right to feel disenfranchised.Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.
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Sovereign Excess, Legitimacy and Resistance
When talking about his film Salò, Pasolini claimed that nothing is more anarchic than power, because power does whatever it wants, and what power wants is totally arbitrary. And yet, upon examining the murderous capital of modern sovereignty, the fragility emerges of a power whose existence depends on its victims’ recognition.Like a prayer from God, the command implores to be loved, also by those whom it puts to death.Benefitting from this "political theurgy" as the book calls it (the idea that a power, like God, claiming to be full of glory, constantly needs to be glorified) is Barnardine, the Bohemian murderer in Shakespeare’s Measure for Measure, as he, called upon by power to the gallows, answers with a curse: ‘a pox o’ your throats’.He does not want to die, nor, indeed, will he. And so, he becomes sovereign. On a level with and against the State.
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Recovering Police Legitimacy : A Radical Framework
Transatlantic policing is experiencing an unprecedented crisis of legitimacy, epitomised by public responses to the murders of George Floyd and Sarah Everard during the COVID-19 pandemic.Legitimacy is lost when the police either fail to protect the public or rely on coercion rather than consent to achieve that protection.Recovering Police Legitimacy challenges conventional criminological, political, and public solutions to the problem by approaching it from the bottom up, beginning with policing as a practice constituted by a unique set of excellences, skills, and characteristics. The author draws on his experience as a police officer and on the serial fictions of James Ellroy, David Peace, and Nic Pizzolatto to characterise the practice in terms of heroic struggle, edgework, absolute sacrifice, and worldmaking.These characteristics provide an analytic tool for revolutionising our understanding of the relations among policing as a situated practice, public protection, and police legitimacy and for identifying the different levels at which legitimacy is undermined.His conclusion is that recovery is possible but will be slow in pace and incomplete in scope. Written accessibly for students, police officers, policymakers, scholars, and anyone with an interest in police legitimacy, this is a groundbreaking study of a pressing social problem.
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Legitimacy of Unseen Actors in International Adjudication
International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves.Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts.Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes.The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement.This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.
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Authority and Legitimacy of Environmental Post-Treaty Rules
In the international law of the 21st century, more and more regulation comes in the form of post-treaty rules.Developed in environmental law, this trend increasingly spreads to areas ranging from tobacco regulation to arms trade.This book offers the first systematic examination of these decisions, resolutions and recommendations adopted by treaty bodies, to assess their effectiveness.The study shows that the authority of such rules is in question as, in practice, treaty parties retain almost complete discretion when it comes to their implementation.This conclusion gives rise to two key questions. To what extent does this ambiguous authority affect adherence to procedural principles like legal certainty, non-arbitrariness and the duty to state reasons? And can the legitimacy of the process and content of post-treaty rules fill the gaps in their authority?In assessing these questions, the study shines a light on this crucial but neglected area in international law scholarship and forms a starting point for improvements and reform.
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