Legitimacy (criminal Law)
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Legitimacy (criminal Law)
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. 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). Development of legal legitimacy Peter Kropotkin s ...
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Right To Rule
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derived form ...
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Narrative
A narrative, story, or tale is any account of a series of related events or experiences, whether nonfictional (memoir, biography, news report, documentary, travel literature, travelogue, etc.) or fictional (fairy tale, fable, legend, thriller (genre), thriller, novel, etc.). Narratives can be presented through a sequence of written or spoken words, through still or moving images, or through any combination of these. The word derives from the Latin verb ''narrare'' (to tell), which is derived from the adjective ''gnarus'' (knowing or skilled). Narration (i.e., the process of presenting a narrative) is a rhetorical modes, rhetorical mode of discourse, broadly defined (and paralleling argumentation, description, and exposition (narrative), exposition), is one of four rhetorical modes of discourse. More narrowly defined, it is the fiction-writing mode in which a narrator communicates directly to an audience. The school of literary criticism known as Russian formalism has applied metho ...
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Legal Anthropology
Legal anthropology, also known as the anthropology of laws, is a sub-discipline of anthropology follows inter diciplinary approach which specializes in "the cross-cultural study of social ordering". The questions that Legal Anthropologists seek to answer concern how is law present in cultures? How does it manifest? How may anthropologists contribute to understandings of law? Earlier legal anthropological research focused more narrowly on conflict management, crime, sanctions, or formal regulation. Bronisław Malinowski's 1926 work, ''Crime and Custom in Savage Society'', explored law, order, crime, and punishment among the Trobriand Islanders. The English lawyer Sir Henry Maine is often credited with founding the study of Legal Anthropology through his book '' Ancient Law'' (1861). An ethno-centric evolutionary perspective was pre-eminent in early Anthropological discourse on law, evident through terms applied such as ‘pre-law’ or ‘proto-law’ in describing indigenous ...
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Legitimacy (political)
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.Dahl, Robert A. ''Polyarchy: Participation and Opposition'' (pp. 124–188). New Haven (Connecticut) and London: Yale University Press, 1971 In Chinese political philosophy, since the historical period of the Zhou Dynasty (1046–256 BC), the political legitimacy of a ruler and government was derived from the ...
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Acceptance
Acceptance in human psychology is a person's assent to the reality of a situation, recognizing a process or condition (often a negative or uncomfortable situation) without attempting to change it or protest it. The concept is close in meaning to ''acquiescence'', derived from the Latin ''acquiēscere'' (to find rest in). Definition The term ''acceptance'' is a noun with various different meanings. When the person to whom a proposal is made signifies their assent, it is an "acceptance" of their offer, also called an agreement. For example, if someone gives a gift and another receives it, then they have accepted the gift; therefore, having acceptance. Another definition of acceptance has to do with positive welcome and belonging, favor, and endorsement. One approves of something. For instance, one can like someone and accept them due to their approval of that person. Another description is that acceptance can be an act of believing or assenting. The definition overlaps with ''tole ...
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System Of Laws
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more pa ...
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Social Order
The term social order can be used in two senses: In the first sense, it refers to a particular system of social structures and institutions. Examples are the ancient, the feudal, and the capitalist social order. In the second sense, social order is contrasted to social chaos or disorder and refers to a stable state of society in which the existing social structure is accepted and maintained by its members. The problem of order or Hobbesian problem, which is central to much of sociology, political science and political philosophy, is the question of how and why it is that social orders exist at all. Sociology Thomas Hobbes is recognized as the first to clearly formulate the problem, to answer which he conceived the notion of a social contract. Social theorists (such as Karl Marx, Émile Durkheim, Talcott Parsons, and Jürgen Habermas) have proposed different explanations for what a social order consists of, and what its real basis is. For Marx, it is the relations of production ...
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Regulatory Compliance
In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Compliance has traditionally been explained by reference to the deterrence theory, according to which punishing a behavior will decrease the violations both by the wrongdoer (specific deterrence) and by others (general deterrence). This view has been supported by economic theory, which has framed punishment in terms of costs and has explained compliance in terms of a cost-benefit equilibrium (Becker 1968). However, psychological research on motivation provides an alternative view: granting rewards (Deci, Koestner and Ryan, 1999) or imposing fines (Gneezy Rustichini 2000) for a certain behavior is a form of extrinsic motivation that weakens intrinsic motivation and ultimately undermines compliance. Regulatory compliance describes the goal that organizations aspire to achieve in their efforts to ensure that they are aware of and take steps to comply with relevant laws, policies, and ...
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Consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial. Types of consent include implied consent, express consent, informed consent and unanimous consent. Types * An expression of consent is one that is unmistakably stated, rather than implied. It may be given in writing, by speech (orally), or non-verbally, e.g. by a clear gesture ...
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Police Legitimacy
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. People who experience more procedural justice Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings. This sense of procedura ... in police encounters view the police as more legitimate. In contrast, order maintenance policing and widespread street stops appear to reduce police legitimacy among young men. An increase in public support and complianc ...
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Behavior
Behavior (American English) or behaviour (British English) is the range of actions and mannerisms made by individuals, organisms, systems or artificial entities in some environment. These systems can include other systems or organisms as well as the inanimate physical environment. It is the computed response of the system or organism to various stimuli or inputs, whether internal or external, conscious or subconscious, overt or covert, and voluntary or involuntary. Taking a behavior informatics perspective, a behavior consists of actor, operation, interactions, and their properties. This can be represented as a behavior vector. Models Biology Although disagreement exists as to how to precisely define behavior in a biological context, one common interpretation based on a meta-analysis of scientific literature states that "behavior is the internally coordinated responses (actions or inactions) of whole living organisms (individuals or groups) to internal and/or external sti ...
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