International institutions are facing increasing criticism of the legitimacy of their authority. But what does it mean for an international institution to be legitimate? Arthur Applbaum’s latest book provides a convincing new concept of legitimacy, namely, the power-liability view, and a new normative conception, the free group agent account. However, it is not clear how they can be applied to the international level. First, this paper examines how different concepts of legitimacy can be applied to international institutions. Second, it assesses (...) three different conceptions of legitimacy, namely, the service conception, Applbaum’s free group agent account and the autonomy-based conception for the international level. It outlines how on the last conception, international institutions’ legitimacy depends on three different aspects required to protect autonomy: the political power of the institution; its purpose; and its relation to other institutions. Finally, the paper argues that the creation of an international institution should be seen as part of relational legitimacy and that state consent plays an important role to protect the political autonomy of peoples. (shrink)

International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards fo...

The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...) states be bound by international institutions on all kinds of issues or are certain issues exempted because of sovereignty considerations? This paper argues that self-regarding reasons cannot ground political authority with the respective demand for compliance. Since reasons for states concern individuals both inside and outside of their jurisdiction and other state peoples, self-regarding reasons for states, which form a domain of personal pursuits or sovereign decisions, are highly restricted. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...) morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

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. (shrink)

Despite being fundamental to democracy, the normative concept of the people, i.e. the demos, is highly unclear. This article clarifies the legitimacy of the demos’ boundaries by structuring the debate into three strains of justification: first, normative membership principles; second, its democratic functionality and the necessity of cohesion for this essential function; and third, a procedural understanding of the demos. It will be shown that normative principles can only justify its expansion towards the ideal of an unbounded demos. On the (...) other hand, the democratic function of the demos can be understood as a criterion for its restriction. This, however, is only possible on the basis of an existing polity and not for the initial constitution of the demos. Consequently, a legitimate demos has to take both inclusionary and exclusionary tendencies into account. These tendencies need to be weighed against each other in the democratic process, which leads to a fundamentally procedural understanding of the legitimacy of the demos. (shrink)

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. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...) sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

Journal of Social Philosophy, EarlyView.

Courts are often criticised as undemocratic. The backlash against international courts in the last decade is also partly driven by this concern. Human rights courts’ legitimacy is particularly challenged because they aim to protect human rights against the very states that need to comply with and implement the courts’ judgements. Therefore, several international courts have developed mechanisms of deference to states. One especially interesting tool is the European Court of Human Rights’ margin of appreciation doctrine. This paper proposes that the (...) margin of appreciation can ensure the conditions of personal autonomy by protecting human rights while respecting the democratic decisions of states. Yet, states’ decisions should only be respected insofar as they realise political autonomy. Understanding the margin in this way allows us to critically evaluate arguments made under this label. The paper reviews developments in the ECtHR practice with regard to (a) different cases that use the margin of appreciation doctrine, (b) appeals to a European consensus, and (c) the procedural turn in its review and assesses whether and how they can be justified in the light of considerations about personal and political autonomy. (shrink)

This volume addresses the normative legitimacy of the international order, asking how we can make sense of legitimacy claims of increasingly diverse global governance institutions and practices and how their legitimacy relates to and differs from state legitimacy. -/- State legitimacy is a central concern of modern political thought but is inadequate when applied to institutions that differ from the state in type, level of governance, scope, and much else. We need a new, tailored approach to the legitimacy of institutions (...) beyond the state, especially international and transnational institutions. Such an approach includes foundational questions: what does it mean for institutions to be legitimate that have radically different purposes, means, interests, capacities, constituents, and roles from states? And what standards do such institutions have to meet in order to count as legitimate? The contributions to this volume seek to advance the debate on these questions at both abstract and more concrete levels. They range from conceptual questions about the nature of legitimacy and international institutions, to rule of law, to the legitimacy of the UN Security Council, the International Criminal Court, and occupying military forces in the face of challenges specific to their nature and context. Together they demonstrate both the promise and challenges of theorizing legitimacy beyond the state. -/- The chapters in this book were originally published as a special issue of the journal Critical Review of International Social and Political Philosophy. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

There is a growing crisis in scientific research characterized by failures to reproduce experimental results, fraud, lack of innovation, and burn-out. In Science and Christian Ethics, Paul Scherz traces these problems to the drive by governments and business to make scientists into competitive entrepreneurs who use their research results to stimulate economic growth. The result is a competitive environment aimed at commodifying the world. In order to confront this problem of character, Scherz examines the alternative Aristotelian and Stoic (...) models of reforming character, found in the works of Alasdair MacIntyre and Michel Foucault. Against many prominent virtue ethicists, he argues that what individual scientists need is a regime of spiritual exercises, such as those found in Stoicism as it was adopted by Christianity, in order to refocus on the good of truth in the face of institutional pressure. His book illuminates pressing issues in research ethics, moral education, and anthropology. (shrink)

Suicide is considered a global public health issue and compulsory admission is a commonly used measure to prevent suicide. However, the practice has been criticised since several studies indicate that the measure lacks empirical support and may even increase suicide risk. This paper investigates whether the practice has enough empirical support to be considered proportionate. To that end, arguments supporting compulsory admission as a suicide-preventive measure for most suicidal patients are scrutinized. The ethical point of departure is that the expected (...) benefits of compulsory admission should outweigh the potential harms of the measure to be proportionate and defensible. It is concluded that, for most suicidal patients, suicide-preventive compulsory admission cannot be presumed to be a proportionate measure. To be so, the expected medical benefits of the measure should be greater than the potential increase in suicide risk and other harms that compulsory admission could entail. Instead of using compulsory admission as a suicide-preventive measure, extra safety measures may be needed during and after compulsory admission to prevent the risk of hospitalisation-induced suicide. (shrink)

This study reconsiders the purported benefits of community found in Community Supported Agriculture (CSA). Using an online survey of members who belong to CSAs in New York, between November and December 2010, we assess members’ reasons for joining a CSA, and their perceptions of community within their CSA and beyond. A total of 565 CSA members responded to the survey. Results show an overwhelming majority of members joined their CSA for fresh, local, organic produce, while few respondents joined their CSA (...) to build community, meet like-minded individuals or share financial risk with farmers. Members reported that they do not derive a strong sense of community from either their CSA or other forms of community, yet they volunteered at their CSA and appear to be engaged in activities within their communities, though the frequency of the latter is unknown. These data suggest New York CSAs are oriented toward the instrumental and functional models, which emphasize the economic aspects of farming rather than collaborative models, which foster community (Feagan and Henderson 2009). (shrink)

Few historical subjects have generated such intense and sustained interest in recent decades as Britain's imperial past. What accounts for this preoccupation? Why has it gained such purchase on the historical imagination? How has it endured even as its subject slips further into the past?In seeking to answer these questions, the proposed volume brings together some of the leading figures in the field, historians of different generations, different nationalities, different methodological and theoretical perspectives and different ideological persuasions. Each addresses the (...) relationship between their personal development as historians of empire and the larger forces and events that helped to shape their careers. The result is a book that investigates the connections between the past and the present, the private and the public, the professional practices of historians and the political environments within which they take shape. This intellectual genealogy of the recent historiography of empire will be of great value to anyone studying or researching in the field of imperial history. (shrink)

The recently developed CRISPR-Cas9 gene editing technology is transforming basic biomedical research, but it also may have therapeutic applications. This essay examines how the technology works, its possible applications in somatic and germline cell therapy, and the use of gene drives to control disease vectors like mosquito-borne illnesses. While potentially valuable, all of these applications present ethical problems, including the specific risks of unintentional mutations; pre-existing concerns over the relationship between biomedical technology, power, and procreation; and CRISPR’s unintended consequences for (...) the environment. (shrink)

Probabilistic predictions of future risk govern much of society: healthcare, genetics, social media, national security, and finance. Both policy-makers and private companies are increasingly working to design institutional structures that seek to manage risk by controlling the behavior of citizens and consumers, using new technologies of predictive control that comb through past data to predict and shape future action. These predictions not only control social institutions but also shape individual character and forms of practical reason. Risk-based decision theory shifts people's (...) relationships to the future through knowledge of possible dangers and foregone opportunities, thus inspiring anxious solicitude and deceptive hopes for total security. This book uses virtue ethics to analyze these problems and to suggest ways to enjoy these technologies' positive benefits while constraining their dangerous aspects through a better understanding of practical reasoning and a theological analysis of our responsibility for future risks. (shrink)

Ethnopedology is the study of local knowledge of soil and land management in an ecological perspective. It is an emerging hybrid discipline that is a component of ethnoecology and stands to offer much for land-based studies. This paper reviews the field of ethnopedology in Latin America and compares some of the many case studies from that region. Various literature sources are considered, including the ethnographical, ethnohistorical, archaeological, geographical, agronomic, ethnoecological, and development studies. Our review invokes the theory of ethnoecology that (...) focuses on the linkages between kosmos, corpus, and praxis of local land-users. The main topics covered are the ethnohistorical and archaeological evidence of ethnopedology, local soil and land classification, local land management systems, local perceptions and beliefs of soil and land resources, and local soil fertility management. After analysing past and present research trends, recommendations are given on how ethnopedological studies can contribute to enhance sustainable land use and management in Latin America. (shrink)

IntroductionBorderline personality disorder patients are often subjected to inpatient compulsory care due to suicidal behaviour. However, inpatient care is usually advised against as it can have detrimental effects, including increased suicidality.AimTo investigate what motives psychiatrists have for treating borderline personality disorder patients under compulsory care.Materials and MethodsA questionnaire survey was distributed to all psychiatrists and registrars in psychiatry working at mental health emergency units or inpatient wards in Sweden. The questionnaire contained questions with fixed response alternatives, with room for comments, (...) about the respondents’ motives for practising compulsory care of borderline personality disorder patients. The responses were analysed quantitatively with descriptive statistics, and comments were analysed with qualitative descriptive content analysis.ResultsThe psychiatrists’ views were divided on when it was justified to treat borderline personality disorder patients under compulsory care, as were their views on borderline personality disorder patients’ decision competence. When there was an assessed risk of harm, 53% were positive to compulsory care of decision-competent borderline personality disorder patients and another 31% because they considered the patients to be decision incompetent in such situations. Adding the risk of harm caused many respondents to alter their assessment of the patient from decision competent to decision incompetent.ConclusionThe large variations in doctors’ opinions indicate that the care of borderline personality disorder patients is arbitrary. Further, the assessed risk of harm increases the use of compulsory care, even though such care is advised against in clinical guidelines, has questionable legal support, and could lead to an increased suicide risk over time. (shrink)

Introduction Compulsory care is controversial, since respect for the patient’s autonomy is a standard requirement in health care. Many psychiatrists have experienced that patients with borderline personality syndrome sometimes demand compulsory care for themselves in order not to exert self-harm—like Ulysses contracts. The aim of this study was to examine the possible existence and extent of borderline personality syndrome-patient demands for Ulysses contracts regarding compulsory care in acute psychiatry, and how external influences and demands could affect the caregivers’ decisions about (...) compulsory care. Method An anonymous questionnaire, with three questions with fixed answers, was distributed to 42 licensed medical doctors on call at the psychiatric emergency unit in the city of Stockholm. Thirty-three questionnaires were answered, giving a response rate of 79%. Results Ninety-four percent of the respondents recognized the phenomenon of borderline personality syndrome patients requesting compulsory care, 21% stated that this request had affected their clinical decision, and 55% had used compulsory care for other reasons than the patient’s best interest. Discussion The results indicate that compulsory care is sometimes given in the form of Ulysses contracts for borderline personality syndrome patients. Also, compulsory care is sometimes used for other reasons than the borderline personality syndrome patient’s best interest. Psychological mechanisms affect the decisions of both patients and caregivers. More research should be done concerning to whom, why, and with what consequences compulsory care is prescribed. (shrink)

Philosophy and History of Education examines the complex relationship between the study of philosophy and history, and the value of these related studies for improving educational knowledge, policy, and practice.

This paper aims to clarify the status of capability in Sen’s idea of justice. Sen’s name is so widely associated with the concept of capability that commentators often assume that his contribution to the study of justice amounts to a capability theory, albeit underdeveloped. We argue that such a reading is misleading. Taking Sen’s reticence about operationalization seriously, we show that his contribution is inconsistent with a capability theory. Instead, we defend the idea that the capability approach plays a heuristic (...) role: capability is a step in his argument against alternative materials, but is not meant as a definitive end. Sen defends a critical perspective primarily to encourage public reasoning and respect for agency as regards the definition of what should count in the evaluation of social states. (shrink)

Patients with borderline personality disorder sometimes request to be admitted to hospital under compulsory care, often under the argument that they cannot trust their suicidal impulses if treated voluntarily. Thus, compulsory care is practised as a form of Ulysses contract in such situations. In this normative study we scrutinize the arguments commonly used in favour of such Ulysses contracts: the patient lacking free will, Ulysses contracts as self-paternalism, the patient lacking decision competence, Ulysses contracts as a defence of the authentic (...) self, and Ulysses contracts as a practical solution in emergency situations. In our study, we have accepted consequentialist considerations as well as considerations of autonomy. We conclude that compulsory care is not justified when there is a significant uncertainty of beneficial effects or uncertainty regarding the patient’s decision-making capacity. We have argued that such uncertainty is present regarding BPD patients. Hence, Ulysses contracts including compulsory care should not be used for this group of patients. (shrink)

Patients with borderline personality disorder (BPD) are overrepresented in compulsory inpatient care for suicide-protective reasons. Still, much evidence indicates negative effects of such care, including increased suicide risk. Clinical guidelines are contradictory, leaving clinicians with difficult ethical dilemmas when deciding on compulsory care. In this study, we analyse the arguments most commonly used in favour of compulsory care of BPD patients, to find out in what situations such care is ethically justified. The aim is to guide clinicians when deciding on (...) compulsory care for BPD patients and reduce the use of potentially harmful care. The arguments analysed are (a) the patients lack decision competence, (b) the patients lack authenticity, (c) compulsory care saves the patient from suicide, (d) compulsory care safeguards against litigation, complaints, or doctor's anxiety, (e) compulsory care is a practical solution in emergencies, and (f) it is better for the caregiver to ‘err on the safe side’. We conclude that compulsory care is not ethically justified in most cases unless the clinician has probable reason to believe that the patient lacks decision capacity by suffering from a severe mental co-morbidity and stands to benefit from such care. (shrink)

This study explores the aspects of the relationship between possible indicators of CEO narcissism and fraud. Highly narcissistic CEOs undertake challenging or bold actions to obtain frequent praise and admiration. The pursuit of narcissistic supply may result in a stronger likelihood of a CEO to undertake bold actions with potential detrimental consequences for the organization. The sample consists of all S&P 500 CEOs from 1992 till 2008 with more than 3 years of tenure. The measurement of CEO narcissism is based (...) on 15 objective indicators and fits the main conceptualization of narcissism. This data collection provides a score for all S&P 500 CEOs according to their narcissistic tendencies. The Accounting and Auditing Enforcement Releases on the SEC’s website are the indicators of managerial fraud. The findings confirm the expected influence of plausible proxies for CEO narcissism on fraud by showing a positive relationship. This confirms the psychologic perspective of CEO narcissism as a potential cause of fraud. (shrink)

As the millennium approaches, the United States is on the verge of major health care reform. While swallowing scarce national resources, our health care system produces unenviable results and major inconsistencies. In 1992, $838.5 billion were spent on health care, biting more than 14 percent out of our gross national product. From 35 to 37 million Americans, or approximately 14 percent of the populationn, are uninsured. Our health care system is inherently inconsistent: We have the highest birthweight-specific survival rate of (...) any country in the world, yet we rank 19th worldwide in infant mortality rate, i.e., state-of-the-art medical technology allows us to save a 500-gram infant, yet the mother of that infant may not have had access to basic, minimal prenatal care. (shrink)

As the millennium approaches, the United States is on the verge of major health care reform. While swallowing scarce national resources, our health care system produces unenviable results and major inconsistencies. In 1992, $838.5 billion were spent on health care, biting more than 14 percent out of our gross national product. From 35 to 37 million Americans, or approximately 14 percent of the populationn, are uninsured. Our health care system is inherently inconsistent: We have the highest birthweight-specific survival rate of (...) any country in the world, yet we rank 19th worldwide in infant mortality rate, i.e., state-of-the-art medical technology allows us to save a 500-gram infant, yet the mother of that infant may not have had access to basic, minimal prenatal care. (shrink)

Various levels of feminist criticism of Hegel's account of woman and family, both contentious and sophisticated, are examined. While finding much that is telling and valid in them, the author finds much that is uncomprehended and much that stands to be learned about the issues in question were the texts allowed to speak for themselves.

Une enigme litteraire - celle, posee par les textes prefaciels de Vitruve dans leur signification et leur date - qui se resout par une histoire de mots, l'histoire des mots latins du livre, dont la langue francaise et nombre de langues ...

The Gods of our Ancient World are migrating toward the South. Pushed back by supermarkets, television shows and the rights of man divorced from himself, they have ended up taking refuge in the last Christian region that faces Islam: in Andalusia that is one of their last lands of asylum. They have left traces of their passage in our museums upon which we construct pyramids in order to feign our veneration for them. Now and then they accompany the silence of (...) a symphony to the rhythm of the high priest's baton. However, in the South they are alive. Accommodating themselves to the din of household appliances and of tourism, they appear sometimes in all the splendor of the Midi during the passage of the virgins of peace and bleeding christs. But most frequently they hide in the midst of the Andulusian festival, under the flanks of the fighting bulls or in taverns that are filled with raucous songs. Be it that they intrude upon a play in order to transform it into a ritual; be it that they honor art and sensuality in their celebrations — they choose for their appearances the blurred boundary between the world of the sacred and of the profane. (shrink)

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. (shrink)

This essay explores the relationship between Kant's and Kierkegaard's treatment of morality and religious faith. In Religion Within the Limits of Reason Alone Kant invokes Christian categories in an effort to resolve certain contradictions which arise in consequence of the introduction of the notion of radical evil. I initially argue that Kant's Enlightenment confidence in the autonomy of ethical selfhood ultimately entails the subordination of these categories to the demands of rational ethical subjectivity. I then suggest that Kierkegaard's defence of (...) the independence of Christian faith, against the encroachments of Kantian Enlightenment humanism, largely proceeds on a foundation of shared epistemological principles, such that the Kierkegaardian existential individual's paradoxical Christian faith offers no genuine alternative, but rather a radically subjectivized extension of Kant's demythologized version of orthodox Christian principles. (shrink)