Search results for: legitimacy

Authors: Abdul Salim Amin

Abstract:

This paper focuses on how judiciaries in post-conflict societies can gain legitimacy through reformation. Legitimacy plays a pivotal role in shaping people’s behavior to submit to the law and verifies the rightfulness of an organ for taking binding decisions. Among various dynamics, judicial independence, access to justice and behavioral changes of the judicial officials broadly contribute to legitimation of judiciary in general, and the courts in particular. Increasing independence of judiciary through reform limits, inter alia, government interference in judicial issues and protects basic rights of the citizens. Judicial independence does not only matter in institutional terms, individual independence also influences the impartiality and integrity of judges, which can be increased through education and better administration of justice. Finally, access to justice as an intertwined concept both at the legal and moral spectrum of judicial reform avails justice to the citizens and increases the level of public trust and confidence. Efficient legal decisions on fostering such elements through holistic reform create a rule of law atmosphere. Citizens neither accept an illegitimate judiciary nor do they trust its decisions. Lack of such tolerance and confidence deters the rule of law and thus, undermines the democratic development of a society.

Keywords: Legitimacy, judicial reform, judicial independence, access to justice, legal training, informal justice, rule of law.

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Authors: Yujie Zhang

Abstract:

There are debates around the legitimacy of capital punishment, i.e., whether death could serve as a proper execution in our legal system or not. Different arguments have been raised. However, none of them seem able to provide a determined answer to the issue; this results in a lack of instruction in the legal practice. This article, therefore, devotes itself to the effort to find such an answer. It takes the perspective of rights, through interpreting the concept of right to life, which capital punishment appears to be in confliction with in the two traditional approaches, to reveal a possibly best account of the right and its conclusion on capital punishment. However, this effort is not a normative one which focuses on what ought to be. It means the article does not try to work out which argument we should choose and solve the hot debate on whether capital punishment should be allowed or not. It, again, does not propose which perspective we should take to approach this issue or generally which account of right must be better; rather, it is more a thought experiment. It attempts to raise a new perspective to approach the issue of the legitimacy of capital punishment. Both its perspective and conclusion therefore are tentative: what if we view this issue in a way we have never tried before, for example the different accounts of right to life? In this sense, the perspective could be defied, while the conclusion could be rejected. Other perspectives and conclusions are also possible. Notwithstanding, this tentative perspective and account of the right still could not be denied from serving as a potential approach, since it does have the ability to provide us with a determined attitude toward capital punishment that is hard to achieve through existing arguments.

Keywords: Capital punishment, right to life, theories of rights, the choice theory.

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Authors: Leila Batmany

Abstract:

This research studies the relationship between the feeling of distributive justice and national identity of the youth. The present analysis intends to experimentally investigate the various dimensions of the justice feeling and its effect on the national identity components. The study has taken justice into consideration from four different points of view on the basis of availability of valuable social sources such as power, wealth, knowledge and status in the political, economic, and cultural and status justice respectively. Furthermore, the national identity has been considered as the feeling of honour, attachment and commitment towards national society and its seven components i.e. history, language, culture, political system, religion, geographical territory and society. The 'field study' has been used as the method for the research with the individual as unit, taking 368 young between the age of 18 and 29 living in Tehran, chosen randomly according to Cochran formula. The individual samples have been randomly chosen among five districts in north, south, west, east, and centre of Tehran, based on the multistage cluster sampling. The data collection has been performed with the use of questionnaire and interview. The most important results are as follows: i) The feeling of economic justice is the weakest one among the youth. ii) The strongest and the weakest dimensions of the national identity are, respectively, the historical and the social dimension. iii) There is a positive and meaningful relationship between the feeling political and statues justice and then national identity, whereas no meaningful relationship exists between the economic and cultural justice and the national identity. iv) There is a positive and meaningful relationship between the feeling of justice in all dimensions and legitimacy of the political system. There is also such a relationship between the legitimacy of the political system and national identity. v) Generally, there is a positive and meaningful relationship between the feeling of distributive justice and national identity among the youth. vi) It is through the legitimacy of the political system that justice feeling can have an influence on the national identity.

Keywords: Distributive justice, national identity, legitimacy of political system, Cochran formula, multistage cluster sampling.

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Authors: Paiboon Chuwatthanakij

Abstract:

In reference to the legal state in the Thai legal system, most people understand the minor principles of the legal state form, which are the principles that can be explained and understood easily and the results can be seen clearly, especially in the legitimacy of administrative acts. Therefore, there is no awareness of justice, which is the fundamental value of Thai law. The legitimacy of administrative acts requires the administration to adhere to the constitution and legislative laws in enforcement of the laws. If it appears that the administrative acts are illegitimate, the administrative court, as the court of justice, will revoke those acts as if they had never been set in the legal system, this will affect people’s trust as they are unaware as to whether the administrative acts that appoint their lives are legitimate or not. Regarding the revocation of administrative orders by the administrative court as if those orders had never existed, the common individual surely cannot be expected to comprehend the security of their juristic position. Therefore, the legal state does not require a revocation of the government’s acts to terminate its legal results merely because those acts are illegitimate, but there should be considerations and realizations regarding the “The Principle of the Protection of Legitimate Expectation,” which is a minor principle in the legal state’s content that focuses on supporting and protecting legitimate expectations of the juristic position of an individual and maintaining justice, which is the fundamental value of Thai law.

Keywords: Legal state, Rule of law, Protection of legitimate.

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Authors: Erdal Eroğlu, Özhan Çetinkaya

Abstract:

The purpose of this paper is to show how state plays a regulatory role in the relations of distribution by analyzing tax and expenditure in Turkey. This paper has two main arguments. First, state intervenes in economic and social life via budget policies and steers the relations of distribution within the scope of the reproduction of the capital accumulation and legitimacy. Secondly, a great amount of public expenditure benefits capital owners while state gains its tax income mainly from low and middle income groups.

Keywords: Distribution, public expenditure, state budget, taxes.

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Authors: Katsumi Wasaki, Naoki Iwasaki

Abstract:

Model-checking tools such as Symbolic Model Verifier (SMV) and NuSMV are available for checking hardware designs. These tools can automatically check the formal legitimacy of a design. However, NuSMV is too low level for describing a complete hardware design. It is therefore necessary to translate the system definition, as designed in a language such as Verilog or VHDL, into a language such as NuSMV for validation. In this paper, we present a meta hardware description language, Melasy, that contains a code generator for existing hardware description languages (HDLs) and languages for model checking that solve this problem.

Keywords: meta description language, software/hardware codesign, co-verification, formal verification, hardware compiler, modelchecking.

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Authors: Ling Zheng, Yaping Wei, Kang Cao, Zheng Huang, Songpo Shi

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Not only is municipal pattern the institution basement of urban management, but it also determines the forms of the management results. There-s a considerable possibility of bankruptcy for China-s current municipal pattern as it-s an overdraft of land deal in fact. Based on the analysis of China-s current municipal pattern, the passage proposed an assumption of a new pattern verified legitimacy by conceptual as well as econometric models. Conclusion is: the added supernumerary value of investment in public goods was not included in China-s current municipal pattern, but hidden in the rising housing prices; we should set housing tax or municipal tax to optimize the municipal pattern, to correct the behavior of local governments and to ensure the regular development of China-s urbanization.

Keywords: Urban management, China's municipal pattern, land financial institution, housing tax, Public goods.

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Authors: C. F. Pricope

Abstract:

The last two decades witnessed a movement towards harmonization of international financial reporting standards (IFRS) throughout the global economy. This investigation seeks to identify the factors that could explain the adoption of IFRS by poor jurisdictions. While there has been a considerable amount of literature published on the effects and key drivers of IFRS adoption in both developed and developing countries, little attention has been paid to jurisdictions with less developed capital markets and low income levels exclusively. Drawing upon the Institutional Isomorphism theory and analyzing a sample of 45 poor jurisdictions between 2008 and 2013, the study empirically shows that poor jurisdictions are driven by legitimacy concerns rather than by economic reasoning to adopt an international accounting perspective. This in turn has implications for the IASB, as it should seek to influence institutional pressures within a particular jurisdiction in order to promote IFRS adoption.

Keywords: IFRS Adoption, isomorphism, poor jurisdictions, accounting harmonization.

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Authors: Seham Ghalwash, Ayman Ismail

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Resources are crucial to the development and sustainability of social ventures. Thus, resources and resources scarcity are central concepts to study and understand the phenomenon of social entrepreneurship specially in developing countries where resources are very limited. Social entrepreneurs in developing countries face bigger challenges because financial resources are scarce. The empirical findings in this paper suggest that social enterprises in poor resources environments survive and grow because of the existence of social and human capitals in which they serve as prerequisites for the physical resources required for sustainability. This research paper explores how governments and policymakers might take nativities to support and foster social entrepreneurial activities in a resource-constraints environment reflecting on the experiences of Egypt-based social enterprises.

Keywords: Social ventures, financial constraints, intangible resources, scarce resources, legitimacy, developing countries, Egypt.

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Authors: M. Linek, P. Nita

Abstract:

In the previous airfield construction industry, pavements made of reinforced concrete have been used very rarely; however, the necessity to use this type of pavements in an emergency situations justifies the need reference to this issue. The paper concerns the problem of airfield pavement dimensioning made of reinforced concrete and the evaluation of selected dimensioning methods of reinforced concrete slabs intended for airfield pavements. Analysis of slabs dimensioning, according to classical method of limit states has been performed and it has been compared to results obtained in case of methods complying with Eurocode 2 guidelines. Basis of an analysis was a concrete slab of class C35/45 with reinforcement, located in tension zone. Steel bars of 16.0 mm have been used as slab reinforcement. According to comparative analysis of obtained results, conclusions were reached regarding application legitimacy of the discussed methods and their design advantages.

Keywords: Reinforced concrete, cement concrete, airport pavements.

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Authors: So-Jung Kim, Kyoung-Seok Kim, Yeong-Gyeong Choi

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Although there are many theories and discussion of leadership, the necessity of having a new leadership paradigm was emphasized. The existing leadership characteristic of instruction and control revealed its limitations. Market competition becomes fierce and economic recession never ends worldwide. Of the leadership theories, servant leadership was introduced recently and is in line with the environmental changes of the organization. Servant leadership is a combination of two words, 'servant' and 'leader' and can be defined as the role of the leader who focuses on doing voluntary work for others with altruistic ethics, makes members, customers, and local communities a priority, and makes a commitment to satisfying their needs. This leadership received attention as one field of leadership in the late 1990s and secured its legitimacy. This study discusses the existing research trends of leadership, the concept, behavior characteristics, and lower dimensions of servant leadership, compares servant leadership with the existing leadership researches and diagnoses if servant leadership is a useful concept for further leadership researches. Finally, this study criticizes the limitations in the existing researches on servant leadership.

Keywords: Leadership Philosophy, Leadership Theory, Servant Leadership, Traditional Leadership.

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Authors: Chastiti Mediafira Wulolo, Tri Legionosuko, Suhirwan, Yusuf

Abstract:

Terrorism and radicalization have become a common threat to every nation in this world. As a part of the asymmetric warfare threat, terrorism and radicalization need a complex strategy as the problem solver. One such way is by collaborating with the international community. The Our Eyes Initiative (OEI), for example, is a cooperation pact in the field of intelligence information exchanges related to terrorism and radicalization initiated by the Indonesian Ministry of Defence. The pact has been signed by Indonesia, Philippines, Malaysia, Brunei Darussalam, Thailand, and Singapore. This cooperation mostly engages military acts as a central role, but it still requires the involvement of various parties such as the police, intelligence agencies and other government institutions. This paper will use a qualitative content analysis method to address the opportunity and enhance the optimization of OEI. As the result, it will explain how OEI takes the opportunities as the strategy for counter-terrorism by building it up as the regional cooperation, building the legitimacy of government and creating the legal framework of the information sharing system.

Keywords: Our Eyes Initiative, terrorism, counter-terrorism, ASEAN, cooperation, strategy.

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Authors: B. S. Akhmetov, P. T.Kharitonov, L. Sh.Balgabayeva, O. V. Kisseleva, T. S. Kartbayev

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This article analyzes the applicability of known renewable energy technical means as mobile power sources under the field and extreme conditions. The requirements are determined for the parameters of mobile micro HPP. The application prospectively of the mobile micro HPP with intelligent control systems is proved for this purpose. Variants of low-speed electric generators for micro HPP are given. Variants of designs for mobile micro HPP are presented with direct (gearless) transfer of torque from the hydraulic drive to the rotor of the electric generator. Variant of the hydraulic drive for micro HPP is described workable at low water flows. A general structure of the micro HPP intelligent system control is offered that implements the principle of maximum energy efficiency. The legitimacy of construction and application of mobile micro HPP is proved as electrical power sources for life safety of people under the field and extreme conditions.

Keywords: Mobile micro hydro power plants, information management systems, hydraulic drive.

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Authors: Júlia Massadas

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The objective of this paper is to analyze the role played by the institute of the public hearings in the Brazilian Supreme Court. The public hearings are regulated since 1999 by the Brazilian Laws nº 9.868, nº 9.882 and by the Intern Regiment of the Brazilian Supreme Court. According to this legislation, the public hearings are supposed to be called when a matter of circumstance of fact must be clarified, what can be done through the hearing of the testimonies of persons with expertise and authority in the theme related to the cause. This work aims to investigate what is the role played by the public hearings and by the experts in the Brazilian Supreme Court. The hypothesis of this research is that: (I) The public hearings in the Brazilian Supreme Court are used to uphold a rhetoric of a democratic legitimacy of the Court`s decisions; (II) The Legislative intentions have been distorted. To test this hypothesis, the adopted methodology involves an empirical study of the Brazilian jurisprudence. As a conclusion, it follows that the public hearings convened by the Brazilian Supreme Court do not correspond, in practice, to the role assigned to them by the Congress since they do not serve properly to epistemic interests. The public hearings not only do not legitimate democratically the decisions, but also, do not properly clarify technical issues.

Keywords: Brazilian Supreme Court, constitutional law, public hearings, epistemic competence, legal authority.

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Authors: Lorena Munoz

Abstract:

Since the 1990s, cities in the Global South have implemented revanchist neoliberal urban regeneration policies that cater to urban elites based on “recovering” public space for capital accumulation purposes. These policies often work to reify street vending as survival strategies of ‘last resort’ for marginalized people and as an unorganized, unsystematic economic activities that needs to be disciplined, incorporated and institutionalized into the formal economy. This paper suggests that, by moving away from frameworks that reify formal/informal spheres of the economy, we are able to disrupt and rethink normative understandings of economic practices categorized as ‘informal’. Through queering economies, informal workers center their own understandings of self-value and legitimacy informing their economic lives and contributions to urban life. As such, queering the economy opens up possibilities of rethinking urban redevelopment policies that incorporate rather than remove street vendors, as their economic practices are incorporated into the everyday fabric and aesthetic of urban life.

Keywords: Informal economy, street vending, diverse economies, immigrant informal workers.

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Authors: Harri Jalonen

Abstract:

Faced with social and health system capacity constraints and rising and changing demand for welfare services, governments and welfare providers are increasingly relying on innovation to help support and enhance services. However, the evidence reported by several studies indicates that the realization of that potential is not an easy task. Innovations can be deemed inherently complex to implement and operate, because many of them involve a combination of technological and organizational renewal within an environment featuring a diversity of stakeholders. Many public welfare service innovations are markedly systemic in their nature, which means that they emerge from, and must address, the complex interplay between political, administrative, technological, institutional and legal issues. This paper suggests that stakeholders dealing with systemic innovation in welfare services must deal with ambiguous and incomplete information in circumstances of uncertainty. Employing a literature review methodology and case study, this paper identifies, categorizes and discusses different aspects of the uncertainty of systemic innovation in public welfare services, and argues that uncertainty can be classified into eight categories: technological uncertainty, market uncertainty, regulatory/institutional uncertainty, social/political uncertainty, acceptance/legitimacy uncertainty, managerial uncertainty, timing uncertainty and consequence uncertainty.

Keywords: Systemic innovation, uncertainty, welfare services

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Authors: Karen Puren, Ernst Drewes, Vera Roos

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This paper explores the sense of place in the Vredefort Dome World Heritage site, South Africa, as an essential input for the formulation of spatial planning proposals for the area. Intangible aspects such as personal and symbolic meanings of sites are currently not integrated in spatial planning in South Africa. This may have a detrimental effect on local inhabitants who have a long history with the site and built up a strong place identity. Involving local inhabitants at an early stage of the planning process and incorporating their attitudes and opinions in future intervention in the area, may also contribute to the acceptance of the legitimacy of future policy. An interdisciplinary and mixed-method research approach was followed in this study in order to identify possible ways to anchor spatial planning proposals in the identity of the place. In essence, the qualitative study revealed that inhabitants reflect a deep and personal relationship with and within the area, which contributes significantly to their sense of emotional security and selfidentity. Results include a strong conservation-orientated attitude with regard to the natural rural character of the site, especially in the inner core.

Keywords: Place identity, Sense of Place, Spatial Planning, Vredefort Dome World Heritage Site.

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Authors: Harish Krishnamurthy, Anna Lafontant, Ren Yi

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Unidentified Flying Objects (UFOs) have been an interesting topic for most enthusiasts and hence people all over the United States report such findings online at the National UFO Report Center (NUFORC). Some of these reports are a hoax and among those that seem legitimate, our task is not to establish that these events confirm that they indeed are events related to flying objects from aliens in outer space. Rather, we intend to identify if the report was a hoax as was identified by the UFO database team with their existing curation criterion. However, the database provides a wealth of information that can be exploited to provide various analyses and insights such as social reporting, identifying real-time spatial events and much more. We perform analysis to localize these time-series geospatial events and correlate with known real-time events. This paper does not confirm any legitimacy of alien activity, but rather attempts to gather information from likely legitimate reports of UFOs by studying the online reports. These events happen in geospatial clusters and also are time-based. We look at cluster density and data visualization to search the space of various cluster realizations to decide best probable clusters that provide us information about the proximity of such activity. A random forest classifier is also presented that is used to identify true events and hoax events, using the best possible features available such as region, week, time-period and duration. Lastly, we show the performance of the scheme on various days and correlate with real-time events where one of the UFO reports strongly correlates to a missile test conducted in the United States.

Keywords: Time-series clustering, feature extraction, hoax prediction, geospatial events.

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Authors: Rowland M. Brucken

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This paper argues nation-building theories that prioritize democratic governance best explain the successful postindependence development of Botswana. Three main competing schools of thought exist regarding the sequencing of policies that should occur to re-build weakened or failed states. The first posits that economic development should receive foremost attention, while democratization and a binding sense of nationalism can wait. A second group of experts identified constructing a sense of nationalism among a populace is necessary first, so that the state receives popular legitimacy and obedience that are prerequisites for development. Botswana, though, transitioned into a multi-party democracy and prosperous open economy due to the utilization of traditional democratic structures, enlightened and accountable leadership, and an educated technocratic civil service. With these political foundations already in place when the discovery of diamonds occurred, the resulting revenues were spent wisely on projects that grew the economy, improved basic living standards, and attracted foreign investment. Thus democratization preceded, and therefore provided an accountable basis for, economic development that might otherwise have been squandered by greedy and isolated elites to the detriment of the greater population. Botswana was one of the poorest nations in the world at the time of its independence in 1966, with little infrastructure, a dependence on apartheid South Africa for trade, and a largely subsistence economy. Over the next thirty years, though, its economy grew the fastest of any nation in the world. The transparent and judicious use of diamond returns is only a partial explanation, as the government also pursued economic diversification, mass education, and rural development in response to public needs. As nation-building has become a project undertaken by nations and multilateral agencies such as the United Nations and the North Atlantic Treaty Organization, Botswana may provide best practices that others should follow in attempting to reconstruct economically and politically unstable states.

Keywords: Botswana, democratization, economic development, nation-building.

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Authors: Ali Aqa Mohammad Jawad

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Taking a relational approach, this paper analyzes the causal mechanisms associated with successful mobilization and rapid demobilization of the Enlightening Movement in post-2001 Afghanistan. The movement emerged after the state-owned Da Afghan Bereshna Sherkat (DABS) decided to divert the route for the Turkmenistan-Uzbekistan-Tajikistan-Afghanistan-Pakistan (TUTAP) electricity project. The grid was initially planned to go through the Hazara-inhabited province of Bamiyan, according to Afghanistan’s Power Sector Master Plan. The reroute served as an aide-mémoire of historical subordination to other ethno-religious groups for the Hazara community. It was also perceived as deprivation from post-2001 development projects, financed by international aid. This torched the accumulated grievances, which then gave birth to the Enlightening Movement. The movement had a successful mobilization. However, it demobilized after losing much of its mobilizing capabilities through an amalgamation of external and internal relational factors. The successful mobilization yet rapid demobilization constitutes the puzzle of this paper. From the theoretical perspective, this paper is significant as it establishes the applicability of contentious politics theory to protest mobilizations that occurred in Afghanistan, a context-specific, characterized by ethnic politics. Both primary and secondary data are utilized to address the puzzle. As for the primary resources, media coverage, interviews, reports, public media statements of the movement, involved in contentious performances, and data from Social Networking Services (SNS) are used. The covered period is from 2001-2018. As for the secondary resources, published academic articles and books are used to give a historical account of contentious politics. For data analysis, a qualitative comparative historical method is utilized to uncover the causal mechanisms associated with successful mobilization and rapid demobilization of the Movement. In this pursuit, both mobilization and demobilization are considered as larger political processes that could be decomposed to constituent mechanisms. Enlightening Movement’s framing and campaigns are first studied to uncover the associated mechanisms. Then, to avoid introducing some ad hoc mechanisms, the recurrence of mechanisms is checked against another case. Mechanisms qualify as robust if they are “recurrent” in different episodes of contention. Checking the recurrence of causal mechanisms is vital as past contentious events tend to reinforce future events. The findings of this paper suggest that the public sphere in Afghanistan is drastically different from Western democracies known as the birthplace of social movements. In Western democracies, when institutional politics did not respond, movement organizers occupied the public sphere, undermining the legitimacy of the government. In Afghanistan, the public sphere is ethicized. Considering the inter- and intra-relational dynamics of ethnic groups in Afghanistan, the movement reduced to an erosive inter- and intra-ethnic conflict. This undermined the cohesiveness of the movement, which then kicked-off its demobilization process.

Keywords: Enlightening movement, contentious politics, mobilization, demobilization.

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