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In law, "legitimacy" is distinguished from "legality" (see also color of law). An action can be legal but not legitimate or vice versa it can be legitimate but not legal.
Thomas Hilbink suggests that the power to compel obedience to the law, is derived from the power to sway public opinion, to the belief that the law and its agents are legitimate and deserving of this obedience. [1]
Where as Tyler says, 'Legitimacy is ...a psychological property of an authority, institution, or social arrangement, that leads those connected to it to believe that it is appropriate, proper, and just' (Tyler, 2006b: 375). Thus viewed, the legal legitimacy is the belief that the law and agents of the law are rightful holders of authority; that they have the right to dictate appropriate behaviour and are entitled to be obeyed; and that laws should be obeyed, simply because, that is the right thing to do (Tyler, 2006a; Tyler, 2006b; cf. Easton, 1965). [2]
Peter Kropotkin suggested that acceptance of the rule of law developed in response to the rampant abuse of authority by the nobility; post advent of the middle class after the French Revolution, strict adherence to the law was conceived as the ultimate equalizer within society. “Whatever this law might be,” Kropotkin writes, “it promised to affect lord and peasant alike; it proclaimed the equality of rich and poor before the judge”. [1]
To establish that a government action can be legal whilst not being legitimate; e.g., the Gulf of Tonkin Resolution, which allowed the United States to wage war against Vietnam without a formal declaration of war. It is also possible for a government action to be legitimate without being legal; e.g., a pre-emptive war, a military junta. An example of such matters arises when legitimate institutions clash in a constitutional crisis.
Legitimacy is the right to rule and the recognition by the ruled of that right (Sternberger, 1968; Beetham, 1991; Coicaud, 2002; Tyler, 2006a; Bottoms and Tankebe, in press). Social institutions need legitimacy if they are to develop, operate, and reproduce themselves effectively (Easton, 1965). This is as true for the police as it is for other institutions of government. But peculiar to the police function is the statesponsored use of violence and force, the resolution of conflict, and the enforcement of legally-prescribed conduct and rule-following (Banton, 1964; Bittner, 1970; Reiner, 2010). Police legitimacy and public consent are necessary conditions of the justifiable use of state power: those who are subject to policing must see the police as right and proper (Tyler, 2006b, 2011a; Schulolfer et al., in press). [2]
By linking legitimacy to public compliance, Tyler's work generates a psychology of authorization and consent. The legitimacy of the police and the law leads to a respect for legal guidelines for action that dictates appropriate and personally binding behaviour. These guidelines may not be perfectly aligned with everyone's moral system. We do not always agree with the moral force of each and every law. But legitimacy involves the public recognition that the social order needs a system of laws that generate compliance and respect above and beyond individual preferences (or disagreements) with specific laws. When people believe it is morally just to obey the law, so long as they know that a particular act is illegal, then the immorality of illegal behaviour becomes a given. A different sort of morality ‘kicks in.’ Naturally, there are other reasons why individuals do (or do not) comply with the law (Bottoms, 2001).
According to Lawrence Solum, since legitimacy has different shades of meaning, it is very easy to make claims about legitimacy that are ambiguous or theoretically unsound so one needs to be extra care full before deploying the idea of legitimacy. [3] These multiple meanings are linked to distinct approaches to conceptualization and measurement, with scholars variably treating legitimacy as a property of an object, a perception of observers, or a characteristic of certain social environments. [4]
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Compliance may be related in large part to habitual or routinized behaviours and orientations. If one complies with the law because such compliance is ‘ingrained in everyday life’ (Robinson and McNeill, 2008: 436), it is unlikely that one will perceive breaking the law as an option when confronted with a situation which, objectively at least, offers such an opportunity. Equally, there will be those who are deterred by the presence of formal or informal mechanisms of social control. Genetic and psychological factors may be an influence; community context and effects might also be important; all these and other notions have been brought to bear on attempts to explain why people commit crime.
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, authority is practiced in ways such a judicial branch or an executive branch of government.
In political philosophy, a monopoly on violence or monopoly on the legal use of force is the property of a polity that is the only entity in its jurisdiction to legitimately use force, and thus the supreme authority of that area.
Obedience, in human behavior, is a form of "social influence in which a person yields to explicit instructions or orders from an authority figure". Obedience is generally distinguished from compliance, which is behavior influenced by peers, and from conformity, which is behavior intended to match that of the majority. Depending on context, obedience can be seen as moral, immoral, or amoral.
In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a regime. Whereas authority denotes a specific position in an established government, the term legitimacy denotes a system of government—wherein government denotes "sphere of influence". An authority viewed as legitimate often has the right and justification to exercise power. Political legitimacy is considered a basic condition for governing, without which a government will suffer legislative deadlock(s) and collapse. In political systems where this is not the case, unpopular regimes survive because they are considered legitimate by a small, influential elite. In Chinese political philosophy, since the historical period of the Zhou Dynasty, the political legitimacy of a ruler and government was derived from the Mandate of Heaven, and unjust rulers who lost said mandate therefore lost the right to rule the people.
Rational-legal authority is a form of leadership in which the authority of an organization or a ruling regime is largely tied to legal rationality, legal legitimacy and bureaucracy. The majority of the modern states of the twentieth and twenty-first centuries are rational-legal authorities, according to those who use this form of classification.
Max Weber distinguished three ideal types of legitimate political leadership, domination and authority. He wrote about these three types of domination in both his essay "The Three Types of Legitimate Rule", which was published in his masterwork Economy and Society, and in his classic speech "Politics as a Vocation".
Legitimation or legitimisation is the act of providing legitimacy. Legitimation in the social sciences refers to the process whereby an act, process, or ideology becomes legitimate by its attachment to norms and values within a given society. It is the process of making something acceptable and normative to a group or audience.
Basel II classified legal risk as a subset of operational risk in 2003. This conception is based on a business perspective, recognizing that there are threats entailed in the business operating environment. The idea is that businesses do not operate in a vacuum and in the exploitation of opportunities and their engagement with other businesses, their activities tend to become subjects of legal liabilities and obligations.
Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power.
Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". Previously legal acts may be transformed into crimes by legislation or judicial decision. However, there is usually a formal presumption in the rules of statutory interpretation against the retrospective application of laws, and only the use of express words by the legislature may rebut this presumption. The power of judges to make new law and retrospectively criminalise behaviour is also discouraged. In a less overt way, where laws have not been strictly enforced, the acts prohibited by those laws may also undergo de facto criminalization through more effective or committed legal enforcement. The process of criminalization takes place through societal institutions including schools, the family, and the criminal justice system.
Legitimation crisis refers to a decline in the confidence of administrative functions, institutions, or leadership. The term was first introduced in 1973 by Jürgen Habermas, a German sociologist and philosopher. Habermas expanded upon the concept, claiming that with a legitimation crisis, an institution or organization does not have the administrative capabilities to maintain or establish structures effective in achieving their end goals. The term itself has been generalized by other scholars to refer not only to the political realm, but to organizational and institutional structures as well. While there is not unanimity among social scientists when claiming that a legitimation crisis exists, a predominant way of measuring a legitimation crisis is to consider public attitudes toward the organization in question.
Philosophical anarchism is an anarchist school of thought which focuses on intellectual criticism of authority, especially political power, and the legitimacy of governments. The American anarchist and socialist Benjamin Tucker coined the term philosophical anarchism to distinguish peaceful evolutionary anarchism from revolutionary variants. Although philosophical anarchism does not necessarily imply any action or desire for the elimination of authority, philosophical anarchists do not believe that they have an obligation or duty to obey any authority or conversely that the state or any individual has a right to command. Philosophical anarchism is a component especially of individualist anarchism.
In sociology, authority is the legitimate or socially approved power which one person or a group possesses and practices over another. The element of legitimacy is vital to the notion of authority and is the main means by which authority is distinguished from the more general concept of power.
Regulatory risk differentiation is the process used by a regulatory authority to systemically treat entities differently based on the regulator's assessment of the risks of the entity's non-compliance.
South African environmental law describes the legal rules in South Africa relating to the social, economic, philosophical and jurisprudential issues raised by attempts to protect and conserve the environment in South Africa. South African environmental law encompasses natural resource conservation and utilization, as well as land-use planning and development. Issues of enforcement are also considered, together with the international dimension, which has shaped much of the direction of environmental law in South Africa. The role of the country's Constitution, crucial to any understanding of the application of environmental law, also is examined. The National Environmental Management Act (NEMA) provides the underlying framework for environmental law.
Legal socialization is the process through which, individuals acquire attitudes and beliefs about the law, legal authorities, and legal institutions. This occurs through individuals' interactions, both personal and vicarious, with police, courts, and other legal actors. To date, most of what is known about legal socialization comes from studies of individual differences among adults in their perceived legitimacy of law and legal institutions, and in their cynicism about the law and its underlying norms. Adults' attitudes about the legitimacy of law are directly tied to individuals' compliance with the law and cooperation with legal authorities.
Authority bias is the tendency to attribute greater accuracy to the opinion of an authority figure and be more influenced by that opinion. An individual is more influenced by the opinion of this authority figure, believing their views to be more credible, and hence place greater emphasis on the authority figure's viewpoint and are more likely to obey them. This concept is considered one of the social cognitive biases or collective cognitive biases.
Police legitimacy is the extent to which members of the public view the police as higher power authority figure, often measured in terms of the public's willingness to obey and cooperate with the police. Police legitimacy is linked to the degree of public support for, and cooperation with, the police's efforts to fight crime. When a police officers ability and authority to effectively complete their job is compromised there is potential for a lack of police legitimacy.
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding on them, such as soldiers and public officials.
Anarchist criminology is a school of thought in criminology that draws on influences and insights from anarchist theory and practice. Building on insights from anarchist theorists including Pierre-Joseph Proudhon and Peter Kropotkin, anarchist criminologists' approach to the causes of crime emphasises what they argue are the harmful effects of the state. Anarchist criminologists, a number of whom have produced work in the field since the 1970s, have critiqued the political underpinnings of criminology and emphasised the political significance of forms of crime not ordinarily considered to be political. Anarchists propose the abolition of the state; accordingly, anarchist criminologists tend to argue in favour of forms of non-state justice. The principles and arguments of anarchist criminology share certain features with those of Marxist criminology, critical criminology and other schools of thought within the discipline, while also differing in certain respects.