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Organizations and their effectiveness-2016/Key concept definitions
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=== Mara === Thomas Franck’s (1988) is an international lawyer and I think this definition has some interesting implications for our discussions of formal and relations contracts. Franck defines legitimacy as “the quality of a rule which derives from a perception on the part of those to whom the rule is addressed that it has come into being in accordance with the right process”. He identifies four indicators of legitimacy: *”Determinacy”= clarity, letting people/states know exactly what is expected of them. The more determinant a rule, the more difficult to resist compliance and to justify non-compliance & the less room for “flexible” interpretation *“Symbolic validation/ritual/pedigree”= for a rule to be legitimate, it needs to be able to communicate its authority—“the authority of the rule, the authority of the originator of a validating communication and, at times, the authority bestowed on the recipient of the communication.” It does this through: **”Symbolic validation”: when some kind of signal or act is used as a cue to elicit compliance with a command. The cue is a surrogate for articulating the reasons for obedience. Ex. a salute reinforces a soldier’s deference to his commander **“Ritual”: a specific form of symbolic validation marked by ceremonies, often—but not necessarily—mystical, that provide unenunciated reasons or cues for eliciting compliance with the commands of persons or institutions…often presented as drama, to communicate to a community its unity, its values, its uniqueness in both the exclusive and inclusive sense”. Ex. taking community **”Pedigree”: “a subset of cues that seeks to enhance the compliance pull of rules or rule-making institutions by emphasizing their historical origin, their cultural or anthropological deep-rootedness”. Ex. the act of Parliament bringing a bill to the Queen for her approval *”Coherence”: “a rule is coherent when like cases are treated alike in application of the rule and when the rule relates in a principled fashion to other rules of the same system….requires that a rule, whatever its content, be applied uniformly in every ‘similar’ or ‘applicable’ instance.” Ex. in the US, we express this through tenets like “justice is blind” and “all men are equal before the law” *”Adherence” (to a normative hierarchy): “rules tend to achieve compliance when they, themselves, comply with secondary rules about how and by whom rules are to be made and interpreted” and these secondary rules, in turn, must comply with a “unifying rule of recognition” that “specifies the sources of law and provides criteria for the identification of its rules”, which is the ultimate authority (e.g. US Constitution)
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