Legitimacy beyond the state: institutional purposes and contextual constraints

ABSTRACT

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law.     

Continuity and change among the Rhemish proletariat

Textile workers formed a major part of the population in Rheims at the end of the Old Regime. Traditionally, many pieces of cloth were woven both in urban and rural families for Rhemish manufacturers (fabricants). With economic changes during the 18th century, the French cottage proto-industry was in crisis. Unemployed textile workers, young males and females, moved to town. Family workshops had difficulties surviving in Rheims. One of the sons inherited the family loom, but he rarely kept his independence. Family histories presented in this study show how weavers relied on their family network in and outside the city in order to deal with irregular demand. The market required that production be diversified. At the same time, a concentration of the workforce developed in new, larger family enterprises. The role of female workers in textile production was often elusive. Single women and widows, women alone without a spouse, worked hard to survive and could rarely keep their children at home.     

Enhancing responsiveness and consistency: Comparing the collective use of discretion and discretionary room at inspectorates in England and the Netherlands

Discretion used to be considered a feature of individuals, but growing literature shows that it has collective features as well. To develop an understanding of the individual and cooperative work of inspectors in using discretion and the discretionary room granted to them, we compared two inspectorates: the Care Quality Commission (CQC) in England and the Joint Inspectorate for Youth (JIY) in the Netherlands. Our analysis reveals that inspectors engage with colleagues, managers, and stakeholders to include other perspectives, gain mandate, and broaden their repertoire. At the CQC, inspectors use their discretion collectively; on their own initiative, they involve others in balancing and interpreting rules to reach judgments. At the JIY, teamwork is central and regulatory teams are granted collective discretionary room. We argue that collective work permits both responsiveness and consistency. In studying the judgments of inspectors and other street‐level bureaucrats, it is vital to look at collective work and how it combines consistency and responsiveness.     

The United Nations Convention on the Law of International Watercourses: A Frameworkfor Sharing

Netherlands International Law Review -     

‘The <Emphasis Type="Italic">Purdahnashin</Emphasis> in Her Setting’: Colonial Modernity and the <Emphasis Type="Italic">Zenana</Emphasis> in Cornelia Sorabji's Memoirs

This article focuses on two memoirs written by Cornelia Sorabji in the 1930s – India Calling (1934), and a subsequent book, India Recalled (1936) – in order to explore how discourses of space and place shaped the representations of femininity which structure these texts. Specifically, I will examine Sorabji's apprehensions of femininity in relation to the Muslim and Hindu women she viewed as her legal ‘clients.’ I am equally interested in these texts as evidence of how memory works as a practice of history – how events as they were recalled and recorded in the volatile 1930s and, especially in the wake of the Katherine Mayo controversy, how they helped shape the versions of the respectable feminine produced in her public writing of the period.     

Representation in multilateral democracy: How to represent individuals in the EU while guaranteeing the mutual recognition of peoples

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions.     

Power-seeking crime? The professional thief versus the professional launderer

Relating the concept of power to motives and objectives for criminal activities results in different images of criminals and their motivations. In this article, we aim to reflect on two different forms of crime (burglary versus money laundering) starting from a power perspective. We describe how the pursuit of power may or may not be related to crime, perpetrators and the policies that have been developed to prevent or repress these types of crime. By examining the motives behind both burglary and money laundering, we try to make clear how the concept of power and power pursuit leads to different rationales in criminal conduct. We try to determine to what extent ‘rational choice’ plays a role in this respect. As a conclusion, we argue that ‘power’ as such influences patterns of crime, victimisation and societal reactions (by means of criminal policy). The extent to which power accumulation is an outcome of crime, will in part determine the social reaction to crime and as a result, the perceived threat of crime.     

Unexpected Serotonin Syndrome,Epileptic Seizures,and Cerebral Edema Following 2,5‐dimethoxy‐4‐bromophenethylamine Ingestion

4‐bromo‐2,5‐dimethoxyphenethylamine (2C‐B) is a designer drug. In Europe, 2C‐B is easily obtained and used for recreational purposes. It is known for its stimulating effects similar to those of 3,4‐methylenedioxymethamphetamine, although in higher doses it has more hallucinogenic effects. Here, we report a case of 2C‐B ingestion, confirmed by liquid chromatography‐tandem mass spectrometry, in an 18‐year‐old man. The neurological consequences were severe, including the development of serotonin syndrome and severe brain edema. Supportive therapy resulted in a stable condition, although, after several months, the patient still suffered from severe neurological impairment due to the drug‐induced toxicity. This case showed that 2C‐B could not be identified with the drugs of abuse screening routinely used in Dutch hospitals. The use of 2C‐B carries many risks, with potentially profound neurological damage, that both consumers and healthcare physicians are unaware of.