Assignment Task:
Response to the following ... APA quotes to add
Building Legitimacy in the Public Sector
The idea of legitimacy is focused on the interactions between an organization and the constituents being served. "Legitimacy is granted to an institution by its public - by that public conforming to established practices" (Shafritz, 2004, p.179). For example, the separation of powers within the federal government gives power to the different branches to evaluate the legitimacy of and, when necessary, take action to check the acts of the others (Shafritz, 2004).
Max Weber observed legitimacy from a sociological and political perspective that every system must show some justification that the organization has a clear purpose to exist and run their affairs (Wæraas, 2019). Weber developed a three-part classification to help unravel the foundation of leadership and governance of structures throughout time. According to Sociology: Understanding and Changing the Social World, Weber's three parts were traditional, legal-rational, and charismatic authority (2010). Traditional authority is where culture and customs produce cooperation; societies governed by traditional dominance tend to have a strict hierarchy (Sociology: Understanding and Changing, 2010). Legal-rational is rooted in obeying laws and procedures; these societies tend to have rule-based governance and division of powers (Sociology: Understanding and Changing, 2010). Lastly, charismatic authority is when the personal qualities of a leader sway beliefs toward the leader's vision, usually creating an unstable social organization (Sociology: Understanding and Changing, 2010). Weber's three-part classification of authority helps to explain the complex interaction between organizations and their citizens. Weber's view is that the government has the right to utilize its authority; however, individuals who determine if the government is appropriately exercising their power are also a view of legitimacy (Rom, Hidaka & Walker, 2022). In both notions, legitimacy is based on perceptions of whether the government's actions are perceived as morally appropriate and unwavering in the pursuit of justice and social welfare (Rom, Hidaka & Walker, 2022).
Atkinson explores the legitimacy practice through internal and external factors the agency interacts with (2017). Internal legitimacy is the concern for administrative agencies to find a balance to support the ever-changing political environment while maintaining stability for society by using their independent judgment in implementing rules (Atkinson, 2017). In comparison, external is concerned with the perceptions of the audience it serves and may give more attention to those who actively have a voice in the policy process (Atkinson, 2017).
Improvement in the Public Sector
Although Weber's approach is praised for improving efficiency, its brutal management methods can be dehumanizing. Weber's observations on legitimacy are viewed through the lens of organizational management, but from the perspective of social psychologists, legitimacy takes on a more humanitarian approach concerned with social identities and group inequalities. Many tensions surrounding government legitimacy are due to a lack of community involvement and cultural alignment. The Centre for Public Impact believes that to strengthen legitimacy within government, it is essential to focus on building relationships with its constituents, encouraging local organizations and their works, and providing a voice for those who are not being heard (2021).
Across the many theories and ideas of legitimacy, several touch on clarity within the organizational structure to foster efficiency, effectiveness, and connection with those served. The public sector needs to improve communication and transparency to help enhance legitimacy.
External legitimacy can cause disenfranchised groups whose voices are not heard as loudly as those with a more substantial presence in government to feel left out of the decision-making process (Atkinson, 2017). Additionally, having the belief from the citizens that an organization is morally just improves the legitimacy and reputation within the community. "Moral legitimacy, conferred when citizens believe the organization to be promoting societal welfare based on altruistic motives and because it is 'the right thing to do,' is highly relevant for the large majority of the public sector" (Wæraas, 2019, p. 10).
An example of poor communication and a lack of moral legitimacy occurred during the Nixon Administration's "War on Drugs". The "War on Drugs" was posed as a fight to reduce the illegal drug trade, which society thought was a concern for their well-being. However, Nixon's political advisor, John Ehrlichman, revealed twenty-three years later that the "War on Drugs" started as a "racially motivated crusade to criminalize Blacks and the anti-war left" (Taifa, 2021, par. 2). In the 1980s, several policies and judicial proceedings resulted in people from the Black community facing higher rates of arrests, convictions and imprisonment due to drug (crack cocaine) related offenses (Taifa, 2021). It wasn't until much later that headway was made against racist policies through the persistent voices of activists, lobbyists, etc. Some examples include the Second Chance Reentry Bill, the Fair Sentencing Act, and the Sentencing Reform and Corrections Act (Taifa, 2021). The "War on Drugs" was an affront to moral legitimacy by intentionally deceiving the public about its motives. Additionally, by not considering the implications of the policies associated with the "War on Drugs," the government displayed a communication breakdown between the communities most affected by these policies.
ASPA Code of Ethics:
Improving legitimacy through more robust communication to those who need to have their voice heard and are the ones that most commonly experience mistreatment from the government relates to the ASPA code to strengthen social equity (American Society for Public Administration [ASPA], 2024). Communication can also help build trust and educate people on information relevant to their community, such as in elections or with new policy development. Public administration must include the public to guarantee legitimacy within the public sector. There should be "open discourse" with the community, highlighting important insights, conversations, and processes that may influence the population served (Atkinson, 2017, p.7). Open communication with administration, moral decision-making, and alignment with the cultural values of underserved communities will allow the government to operate effectively and with legitimacy, strengthening the need for social equity.
Respond to the following ... APA quotes to add
The foundation of a society is the agreement of the people within that society to be governed. Ethics and legitimacy are essential building blocks for those in the public sector to work in an organized and recognizable structure. There are professional ethics within the public sector with which these guidelines are established. The individuals within the society must agree that public administrators' work is ethical and legitimate for it to be accepted by the governed and, therefore, genuinely successful.
Max Weber Theorist
Max Weber was a German sociologist who spoke on the ideal organizational structure for identifying the role of legitimacy in public organizations. According to Weber, there were three legitimate authority systems: Traditional, charismatic, and rational-legal (Wolf, 2001). Whereas traditional was based on a belief in divine appointments for those with authority, and charismatic was based on the ability of individuals to lead based on influence, rational-legal was more fundamental based on a system where authority "adheres to the office that is occupied by the person who exercises authority" (Wolf, 2001). An example would be a police officer, a school principal, or a Supreme Court Justice. This is the most modern form of a legitimate authority system, for which we currently have a high reverence in our society. We consent to be governed by a rational-legal design in our society if we feel it is legitimate. Legitimacy must be measurable, verifiable, and tangibly demonstrate that the path being set was designed by those within our society.
Characteristics and Constructs of Legitimacy
The legal framework and the consent of the governed are two constructs of legitimacy that align with the American Society for Public Administration's Code of Ethics. "Every organization has an environment or culture that includes formal and informal rules of ethical conduct. Public organizations typically have many such rules. Public laws, executive orders, and agency rules and regulations all can be taken as formal organizational norms for ethical behavior" (Shafritz et al., 2023, p. 391). Through our legal framework, we establish the legitimacy of organizational behavior and decisions at the highest levels of our government. These laws may change over time as "we the people" change our worldview and decide whether we consent to uphold these ideals. When we feel our voices are not being heard, and thus our public laws and executive decisions no longer reflect our beliefs, we change who we elect to represent us in Congress (our lawmakers) and who is in the Whitehouse (our executive representative).
Social Impacts of Legitimacy and Law
There is always a balance between program efficacy and social equity. One such example is the balance of affirmative action over the last five decades. This first reached the Supreme Court with Brown V. Board of Education and is still an ongoing debate. Samuel Krislov, a Scholar in Public Administration, explored this balance in his 1974 work entitled Representative Democracy. Krislov asked in this work, "How could any bureaucracy have legitimacy and public credibility if it did not represent all sectors of its society?" (Shafritz et al., 2023, p. 391). Landmark decisions in that decade redefined the reach of affirmative action. In Regents of the University of California v. Bakke, there were limitations placed on affirmative action "to ensure that providing greater opportunities for minorities did not come at the expense of the rights of the majority" (Shafritz et al., 2023, p. 391). Most recently, the Supreme Court decided on another case, bringing to light questions of legitimacy around affirmative action. "On June 29, 2023, the U.S. Supreme Court issued a long-awaited decision addressing the legality of race-conscious affirmative action in college admissions programs in Students for Fair Admissions, Inc. (SFFA) v. President & Fellows of Harvard College (Harvard) and SFFA v. University of North Carolina (UNC)" (Sidley, 2023). The court found that the race-based preferences were too broad and had no endpoint for the weight they gave to the admissions process. Over 70 years, the highest court in the land has grappled significantly with the questions of legitimacy regarding equitable accessibility to education. For now, affirmative action is no longer a legitimate consideration for higher education admissions. This has led to strained political and social discourse; perhaps in this election year, we will see a change in the legislature again.