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Complete moral legitimacy means that the laws and policies of a government are in total harmony with a universal ethic. In the Lockean ethic, moral legitimacy occurs when the laws prohibit coercive harm to others, and do not restrict or impose costs on peaceful and honest human action.
- Fred E. Foldvary
- I. Introduction
- II. Fallon’s Typology of Legitimacy
- III. The Tension Between Sociological and Legal Legitimacy
- IV. An Externally Imposed Dilemma
- V. Conclusion
Legitimacy is a complex and puzzling concept. But in legal discourse, we have an intuitive sense that illegitimatemeans something more than erroneous or incorrect. The term signifies something absolutely without foundation and perhaps ultra vires. So when a government institution or organization lacks legitimacy, it may no longer be worthy of respe...
Fallon’s Law and Legitimacy in the Supreme Court is a tour de force. Throughout the book, Fallon displays a mix of realism and idealism that is emblematic of much of his earlier work.26Fallon insists that judicial decisions are — and must be — bound by law, even as he recognizes that the law may be influenced by many factors (text, history, precede...
To understand the tension between sociological and legal legitimacy, we need a better grasp of the former. Why does the Supreme Court’s external legitimacy even matter? Political scientists agree: The judiciary has no army; it must rely on others to obey its decrees. Government officials and the general public are more likely to comply if they view...
There is no easy answer to the Supreme Court’s first legitimacy dilemma. But the current Court faces a second dilemma as well — one that the Justices also cannot resolve themselves, because it has an external cause. The partisan actions of the President and the Senate have damaged the Supreme Court’s public reputation. Notably, this legitimacy prob...
Fallon’s Law and Legitimacy in the Supreme Courtis a masterful piece of scholarship — and a great service to the legal community. At a time when many individuals have begun to question the legitimacy of the Court itself, Fallon gives us a vocabulary and framework for evaluating these claims. But Fallon does something more: his work serves as a mode...
Nov 19, 2015 · For an institution or a political agent to be legitimate means both that its exercise of political power is generally permissible, and that subjects generally have a genuine or moral obligation, as opposed to a mere legal obligation, to accept their laws and decisions. 26 However, Rawls’ discussion of civil disobedience in TJ suggests that he ...
- Silje A. Langvatn
- 2016
Apr 29, 2010 · Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions.
Illegitimate definition: born of parents who are not married to each other; born out of wedlock. See examples of ILLEGITIMATE used in a sentence.
In moral philosophy, the term legitimacy is often positively interpreted as the normative status conferred by a governed people upon their governors' institutions, offices, and actions, based upon the belief that their government's actions are appropriate uses of power by a legally constituted government.
May 18, 2018 · An illegitimate child is one conceived and born outside of the regulatory sanctions of marriage. Although illegitimacy is a universal phenomenon, all societies prefer procreation only within marriage.
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