Focusing on the thought of Mencius and Xunzi, this essay reconstructs and examines the classical Confucian position on the legitimate use of military force. It begins by sketching historically important political concepts, such as types of political leaders, politics of the kingly way versus politics of the hegemonic way, and the controversial role of lords-protector. It then moves on to explore Confucian criteria for justifying resort to the use of force, giving special attention to undertaking punitive expeditions to interdict (...) and punish aggression and tyranny. Following this discussion, the essay then attends to important Confucian moral constraints on how military force is properly employed, including prohibitions on attacking the defenseless, indiscriminate slaughter of enemy forces, destruction of civilian infrastructure, prisoner abuse, and non-consensual annexation of territory. The essay concludes by first discussing an illustrative case from Mencius and then comparing its reconstruction of the Confucian position to those offered by other scholars. (shrink)

ABSTRACT Focusing on the thought of Mencius and Xunzi, this essay reconstructs and examines the classical Confucian position on the legitimate use of military force. It begins by sketching historically important political concepts, such as types of political leaders, politics of the kingly way versus politics of the hegemonic way, and the controversial role of lords‐protector. It then moves on to explore Confucian criteria for justifying resort to the use of force, giving special attention to undertaking punitive expeditions to (...) interdict and punish aggression and tyranny. Following this discussion, the essay then attends to important Confucian moral constraints on how military force is properly employed, including prohibitions on attacking the defenseless, indiscriminate slaughter of enemy forces, destruction of civilian infrastructure, prisoner abuse, and non‐consensual annexation of territory. The essay concludes by first discussing an illustrative case from Mencius and then comparing its reconstruction of the Confucian position to those offered by other scholars. (shrink)

The use of child support is a politically and personally contested issue and a policy challenge across developed countries. This offers an opportunity to identify family practices and relationships through which hegemonic masculinity and socially valued femininities are reproduced and challenged. We present data from interviews with 28 fathers and 30 mothers to argue that when people discuss how child support is or should be spent, they are managing gendered parenting identities. Most fathers defined child support as “special money.” This (...) position buttresses the hegemonic masculine characteristics of authority and breadwinning, discursively de-genders the care of children, and challenges mothers’ conformity to feminine and good mothering ideals. A minority of fathers presented an alternative definition of child support and fathering that underplayed the relevance of money and values mothers’ and fathers’ care and financial contributions. Mothers’ accounts of using child support emphasized their financial authority and child-centered consumption in ways that both challenge and reproduce socially valued femininity. We conclude that definitions of how child support should be used reproduce relationships of dominance and subordination that constitute the gender order. (shrink)

The tension between economic policy and health policy is a longstanding dilemma, but one that was brought to the fore with the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights Agreement in 1994. The pharmaceutical industry has long argued that intellectual property protection is vital for innovation. At the same time, there are those who counter that strong IPP negatively impacts the affordability and availability of essential medicines in developing countries. However, actors on both sides of the debate were (...) in agreement that something needed to be done to address the HIV/AIDS crisis, especially in developing countries. In response to sustained and significant pressure from civil society groups, members of the World Trade Organization agreed to the Declaration on the TRIPS Agreement and Public Health in 2001. The Declaration clarified that countries unable to manufacture the needed pharmaceuticals could obtain more affordable generics elsewhere if necessary. (shrink)

This paper examines two recent examples of compulsory licensing legislation: one globally embraced regime and one internationally controversial regime operating under the same WTO rules. In particular, we consider Canadian legislation and the use of compulsory licensing for HIV/AIDS drugs destined for a developing country. This is then contrasted with the conditions under which Thai authorities are pursuing compulsory licenses, the outcomes of their compulsory licenses, as well as the likely impact of the Thai policy. Finally, we construct a rubric (...) to evaluate characteristics of a successful regime. This is used to analyze the Canadian and Thai regimes and frame the expected implications of each national policy. It is hoped that the assessment will guide changes to compulsory licensing design to ensure that legitimate regimes are embraced while illegitimate ones are disallowed. (shrink)

Defining "terrorism" as the intentional targeting of non-combatant civilians, the paper argues that, other things being equal, it is not possible to effectively distinguish morally between "terrorism" and use of military power against combatant targets which might reasonably be expected to produce some guesstimable quantity of "collateral" or non-combatant civilian casualties; that it is upon the expected likely consequences of actions rather than upon the intentions underlying them, that actors should be morally judged. Furthermore I argue that other attempts to (...) rationalize the use of conventional military force, as retaliatory for prior "terrorist" actions, or as preemptive, also often largely fail either on historical grounds or pragmatic grounds. (shrink)

This essay offers a critical evaluation of competing interpretations of the early Confucian thinkers Xunzi and Mencius regarding their view of the legitimacy of war. First, I briefly describe and critique Daniel Bell's “just war” interpretation of Mencius, which is relatively permissive regarding the legitimation of war. I then consider and critique the position of Sumner Twiss and Jonathan Chan regarding Mencius' and Xunzi's ostensible support for what we call “humanitarian intervention,” which is also made from a just war perspective. (...) Next, I describe Xinzhong Yao's pacifistic interpretation, offering a slightly qualified defense of it. I then consider reframing this view as “just war pacifism,” defending a phrase used in the Confucian context by Julia Ching. Finally, I address the question of whether the pacifistic account is too naïve to attribute to these great Confucian thinkers. I maintain that, on the contrary, it is not naïve. Indeed, it is a position we would do well to give due consideration. (shrink)

This essay offers a critical evaluation of competing interpretations of the early Confucian thinkers Xunzi and Mencius regarding their view of the legitimacy of war. First, I briefly describe and critique Daniel Bell’s “just war” interpretation of Mencius, which is relatively permissive regarding the legitimation of war. I then consider and critique the position of Sumner Twiss and Jonathan Chan regarding Mencius’ and Xunzi’s ostensible support for what we call “humanitarian intervention,” which is also made from a just war perspective. (...) Next, I describe Xinzhong Yao’s pacifistic interpretation, offering a slightly qualified defense of it. I then consider reframing this view as “just war pacifism,” defending a phrase used in the Confucian context by Julia Ching. Finally, I address the question of whether the pacifistic account is too naïve to attribute to these great Confucian thinkers. I maintain that, on the contrary, it is not naïve. Indeed, it is a position we would do well to give due consideration. (shrink)

Defining "terrorism" as the intentional targeting of non-combatant civilians, the paper argues that, other things being equal, it is not possible to effectively distinguish morally between "terrorism" and use of military power against combatant targets which might reasonably be expected to produce some guesstimable quantity of "collateral" or non-combatant civilian casualties; that it is upon the expected likely consequences of actions rather than upon the intentions underlying them, that actors should be morally judged. Furthermore I argue that other attempts to (...) rationalize the use of conventional military force, as retaliatory for prior "terrorist" actions, or as preemptive, also often largely fail either on historical grounds ("terrorists" often see their actions as responses to previously unjustified killing or letting die of the non-combatant civilian population they see themselves as representing) or pragmatic grounds (as the unintentional killing of non-combatant civilians often increases the sense of righteous indignation which helps recruit further "terrorists"). (shrink)

Utilizing a contractualist framework for understanding the basis and limits for the use of force by police, this article offers five limiting principles—respect for status as moral agents, proportionality, minimum force necessary, ends likely to be accomplished, and appropriate motivation—and then discusses uses of force that violate or risk violating those principles. These include, but are not limited to, unseemly invasions, strip searches, perp walks, handcuffing practices, post-chase apprehensions, contempt-of-cop arrests, overuse of intermediate force measures, coerced confessions, profiling, stop (...) and frisk practices, and the administration of street justice. (shrink)

This article examines discursive strategies used by police and politicians to describe and justify the application of penalty notices to minor criminal offences. Critical discourse analysis is used as an analytical tool to show how neoliberal economic thinking has informed the prism through which infringement notices have been rationalised as a legitimate alternative to traditional criminal prosecution, while also highlighting the contradictions inherent in neoliberalism as an ideology through which to view the embrace of legally hybrid powers in the (...) criminal justice system. Discursive strategies identified in the article include the use of ideological keywords ordinarily associated with free market economics and managerial efficiency; the adoption of militaristic vocabulary and metaphors in representations of policing and space; the strategies of assimilation and formulation to represent police views as uniform and coherent; and the use of nominalisations to legitimise the lack of procedural safeguards attached to infringement notices. The logic of—and the language ordinarily associated with—the domain of private business, the ‘free market’, and deregulation has infiltrated the criminal justice sphere. In addition, the naturalisation of neoliberal economic discourse in political and police representations of infringement notices produces and sustains important ideological effects, by disguising the ways in which the expanded use of administrative sanctions in public order policing intensifies state power at the expense of due process of law. (shrink)

A large number of Swedish public authorities produce ‘platform of values’ texts that present core values. This article presents a study of how such texts and practices, including the core values they revolve around, are legitimized. Using Van Leeuwen’s legitimation framework, three different data sets are analysed: 47 ‘platform of values’ texts, a focus group discussion with seven senior HR officers, and a quantitative questionnaire study answered by civil servants at three public authorities. The analysis shows how the existence of (...) ‘platform of values’ texts and practices is legitimized through rationalizations, above all by describing the texts as concrete means for reaching specific ends and, with regard to the choice of core values, through a custom-conformity type of authority. Thus, this article addresses discursive transformations of contemporary organizations with a particular focus on available discursive space for critical thinking in the wake of New Public Management and related developments. (shrink)

In this article, I will describe the evolution of capital punishment and the influence that ideology had during the founding years of Romania’s communist regime, until 1958, when the legislation and application of capital punishment reached its highest peak. Starting with the punishment of war criminals and fascists, I will then describe how the death penalty was used for political motives in a period when the regime had to consolidate, legitimate and fight different enemies. With ups and downs like (...) The Death Penalty Law of 1949 and the abolitionist attempt in 1956, it reached its climax in 1958-1959 after the enactment of Decree no. 318/1958. (shrink)

Radio phone-ins, or `talk radio' shows, represent a popular environment in which members of the public at large may discuss the news of the day from their own perspective. This article explores some discursive devices that are used in legitimating, or authenticating, lay speakers' opinions about news in this environment. A number of examples of calls to a talk radio show are examined in order to show the oriented-to importance of `witnessing' in establishing the legitimacy of an opinion. A range (...) of factors are discussed, including: the variety of types of first-hand knowledge that may be invoked; the sequential and interactional contexts in which first-hand knowledge is invoked; and the way in which first-hand knowledge itself may be used not just to legitimate, but to undermine, the status of a caller's contribution to the show's debate. (shrink)

We aim to interrogate when the use of images in moral persuasion is legitimate. First, we put forward a number of accounts which purport to show that we can use tools other than logical argumentation to convince others, that such tools evoke affective responses and that these responses have authority in the moral domain. Second, we turn to Sarah McGrath’s account, which focuses on the use of imagery as a means to morally persuade. McGrath discusses 4 objections to the (...) use of imagery, and outlines responses that may be used to legitimate the use of imagery in moral arguments. Assuming that we accept her account and that the invocation of affect has authority in the moral domain, we, using McGrath’s responses, examine whether the use of foetal imagery in anti-abortion campaigns is a legitimate instance of this practice. (shrink)

As a result of being measured, individuals sometimes alter their behavior and attitudes to such extent that subsequent measurement results are affected. This ‘reactivity’ to measurement problematizes prediction and explanation, but some reactivity is nevertheless legitimate. Using the example of the measurement of race in the US Census, this article demonstrates that some forms of reactivity do not affect the accuracy of research. The article argues that legitimacy of reactivity depends on the metaphysical status of the phenomenon being measured. (...) It is argued that reactivity’s legitimacy is affected by the arbitrariness of a measure and the voluntariness of measurement results. (shrink)

The article sets out a framework for analysing the way discourses construct legitimation for social practices in public communication as well as in everyday interaction. Four key categories of legitimation are distinguished: 1) ‘authorization’, legitimation by reference to the authority of tradition, custom and law, and of persons in whom institutional authority is vested; 2) ‘moral evaluation’, legitimation by reference to discourses of value; 3) rationalization, legitimation by reference to the goals and uses of institutionalized social action, and to (...) the social knowledges that endow them with cognitive validity; and 4) mythopoesis, legitimation conveyed through narratives whose outcomes reward legitimate actions and punish non-legitimate actions. Examples are drawn from texts legitimating or de-legitimating compulsory education, including children’s books, brochures for parents, teacher training texts, and media texts. (shrink)

The verb to legitimate is often used in political discourse in a way that is prima facie perplexing. To wit, it is often said that an actor legitimates a practice which is officially prohibited in the relevant context – for example, that a worker telling sexist jokes legitimates sex discrimination in the workplace. In order to clarify the meaning of statements like this, and show how they can sometimes be true and informative, we need an explanation of how something (...) that is officially illegitimate can have a kind of ersatz legitimacy conferred on it, and how this can occur even when the actor ‘doing the legitimating’ lacks formal authority. I examine one putative explanation centred around the phenomenon of normalization, and I highlight some advantages that this account has in comparison to an alternative explanation, one that makes reference to the phenomenon of licensed authority. (shrink)

ABSTRACT This paper analyzes the use of language in the construction of identity in the constitution of an anti-state group, which is a part of the sovereign citizen movement in Austria. The group, called ‘Staatenbund Österreich’, had been active for several years before the government charged them with high treason. The group believes that the government is illegitimate – an assumption which allows them to legitimize their behavior. The movement, which is spreading across the globe, has started in the US (...) in the 1970s, and yet, it is still impossible to estimate the actual danger they pose, even though they have been reported to become increasingly violent. The present paper investigates the constitution of the ‘Austrian Commonwealth’ in order to find out how they manage to create an identity for their group, how they legitimize themselves and their claims, and how their language use compares to other extremist groups. (shrink)

Recent scholarly attention to ‘legitimate expectations’ and their role in legal transitions has yielded widely varying principles for distinguishing between legitimate and non-legitimate expectations. This article suggests that methodological reflection may facilitate substantive progress in the debate. Specifically, it proposes and defends the use of a wide reflective equilibrium methodology for constructing, justifying and critiquing theories of legitimate expectations and other kinds of normative theories about legal transitions. The methodology involves three levels of analysis — normative (...) principles, their theoretical antecedents, and considered judgements about their implications in specific cases — and iteration between these three levels in an effort to ensure coherence. The payoffs from applying this methodology to the legitimate expectations debate are illustrated through a discussion of examples from the existing literature. Some proposed innovations to the methodology, including the incorporation of insights from the ideal/non-ideal theory debate, are likely to be of wider interest to political theorists. (shrink)

Firms use algorithms to make important business decisions. To date, the algorithmic accountability literature has elided a fundamentally empirical question important to business ethics and management: Under what circumstances, if any, are algorithmic decision-making systems considered legitimate? The present study begins to answer this question. Using factorial vignette survey methodology, we explore the impact of decision importance, governance, outcomes, and data inputs on perceptions of the legitimacy of algorithmic decisions made by firms. We find that many of the procedural (...) governance mechanisms in practice today, such as notices and impact statements, do not lead to algorithmic decisions being perceived as more legitimate in general, and, consistent with legitimacy theory, that algorithmic decisions with good outcomes are perceived as more legitimate than bad outcomes. Yet, robust governance, such as offering an appeal process, can create a legitimacy dividend for decisions with bad outcomes. However, when arbitrary or morally dubious factors are used to make decisions, most legitimacy dividends are erased. In other words, companies cannot overcome the legitimacy penalty of using arbitrary or morally dubious factors, such as race or the day of the week, with a good outcome or an appeal process for individuals. These findings add new perspectives to both the literature on legitimacy and policy discussions on algorithmic decision-making in firms. (shrink)

When governments introduce controversial policies or face a risk of policy failure, officeholders try to avoid blame and justify their decisions by using various legitimation strategies. This paper focuses on the ways in which legitimations are expressed in government social media communication, using the Twitter posts of the British government’s Brexit department as an example. We show how governments may seek legitimacy by appealing to (1) the personal authority of individual policymakers, (2) the collective authority of (political) organisations, (3) the (...) impersonal authority of rules or documents, (4) the goals or effects of government policy, (5) ‘the will of the people’, and (6) time pressure. The results suggest that official legitimations in social media posts tend to rely more on references to authority and shared values rather than presentation of evidence and sound arguments. (shrink)

This study examines self-legitimation and other-delegitimation in the online radio broadcasts of Nnamdi Kanu, the Supreme Leader of the Indigenous People of Biafra (IPOB). Using Theo van Leeuwen’s (2008) legitimation approach, the paper analyses four speeches he delivered in Israel following his ‘reappearance’ in 2018. The analysis reveals that Kanu uses three legitimation strategies, namely authorisation, moralisation and rationalisation to justify his sudden escape from Nigeria, call for Biafra’s self-rule and boycott of elections and to discredit alleged cloning of (...) the president, electoral malpractices, marginalisation of the Igbo and corruption and brutality among security agents. These strategies are linguistically realised by self-glorification, exclusive and inclusive pronominalisations (us-them dichotomy), polarisation, derogatory nomination (labelling), and hyperbolic expressions. They are aimed at presenting Nnamdi Kanu and IPOB positively as fighting a legitimate cause. (shrink)

In contrast to the widespread assumption that the state has the monopoly on violence and on the legal use of force, this essay draws attention to forms of violence which cannot be sublated in any political form of life that lays claim to the legitimate use of violence and force. The author asserts that any way of legitimization of violence is suspect of concealing reverse sides of new forms of violence that possibly escape political attention. This insight refers back (...) to the “political paradox” as it was described in Paul Ricoeur’s political philosophy. (shrink)

_The purpose _of this article is to find out whether philosophical and anthropological studies of human nature affect the legitimization of decisions about human life and death, using the example of a philosophical analysis of the problem of euthanasia. _Theoretical__ basis._ Philosophically and anthropologically based situational analysis in bioethics is chosen as the research methodology, which reveals the legitimation of euthanasia as a complex and highly responsible moral decision, which should be based on both the consideration of all the patient’s (...) special circumstances and the competent and adequate application of fundamental knowledge about the human being. _Originality._ From a philosophical point of view, it would be correct to legalize euthanasia, but under the condition of significantly limiting the cases of its application, clearly defining the conditions for its provision and strict control over its implementation. It is morally unacceptable to justify either murder or torture, so euthanasia appears as an attempt to avoid both at the same time. _Conclusions._ Specific solutions to practical problems often indicate the necessary direction for solving theoretical difficulties. Thus, making proper moral decisions about euthanasia requires reliance on fundamental knowledge about human beings, but at the same time it provides arguments "for" and "against" artificial termination of life. The basic principles of bioethics – autonomy, nonmaleficence, beneficence and respect for the dignity of human life – serve as criteria for making balanced ethical decisions both in theory and in practice. These principles should be complemented by a coherent ethical, legal and philosophical position on euthanasia, which is achieved through legitimation procedures. Decisive for making a decision on euthanasia should be the strong desire of the patient himself. (shrink)

This paper argues that the choice of backing to certify the authority of a warrant requires a legitimation inference. When brought into question, such an inference becomes a claim defended by showing sound reasons for the selection of backing pertinent to a shared context. Legitimation controversies ensue when an attributed consensus meets objection. It is argued that attention to legitimation controversies renders the Toulmin model a more useful critical paradigm for investigating the development and risks of communicative reasoning in a (...) public forum. The nomination of John Tower as Secretary of Defense is employed to illustrate how critical analysis of legitimation controversies reflexively expands the domain of inquiry for informal reasoning. (shrink)

Corporate sustainability reports are supposed to provide a complete and balanced picture of corporate sustainability performance. They are, however, usually voluntary and thus prone to interpretation and even greenwashing tendencies. To overcome this problem, the Global Reporting Initiative (GRI) provides standardized reporting guidelines challenging companies to report positive and negative aspects of an organization’s sustainability performance. However, the reporting of “negative aspects” in particular can endanger corporate legitimacy if perceived by the stakeholders as not being in line with societal norms (...) and values. Starting from the theoretical lenses of economics-based disclosure theories and socio-political theories of disclosure, the focus of this study therefore was to analyze the communicative legitimation strategies companies use to report “negative aspects,” i.e., negative ecological and social impact caused by corporate activity. Using qualitative content analysis of GRI-oriented sustainability reports from companies listed on the US Dow Jones Industrial Average Index and on the German DAX Index, we identified six legitimation strategies. We discuss these strategies regarding to symbolic and substantial management of legitimacy. We show that symbolic legitimation strategies aiming at modifying the perception of legitimizing stakeholders dominate in the reports at hand. Such persuasion, however, does not meet the requirement of impartiality as postulated by the GRI guidelines. Building upon this conclusion we propose a concise characterization of “negative aspects” and develop a GRI-compliant schema of reporting about them. In doing so, we offer a way to improve the overall “balance” of sustainability reporting contributing to a true and fair view in sustainability disclosure. (shrink)

Some libertarians tend to advocate the wide availability of cognition-enhancing drugs beyond their current prescription-only status. They suggest that certain kinds of drugs can be a component of a prudential conception of the ‘good life’—they enhance our opportunities and preferences; and therefore, if a person freely chooses to use them, then there is no justification for the kind of prejudicial, authoritative restrictions that are currently deployed in public policy. In particular, this libertarian idea signifies that if enhancements are a prudential (...) ‘good’ for the user, then this can also be construed as a moral good for all rational agents. If this argument is successful, there can be no substantial distinction between the categorical benefits of enhancement, and what is labeled as an enhancement technology. In this paper, I argue that the exclusivity of egotistical choice, and an uncritical deployment of enhancement as a prudential good, underplays the role of a social and political community when creating a procedurally just and effective public policy. Principally, the argument is devoid of any ethical system to permit the external—and therefore public–appreciation of the social context of moral decisions. In effect, libertarian arguments of this sort must disregard any ideas of public ethics, because the liberty to use whatever means available to gain a socio-economic advantage actually extinguishes any professed legitimation strategy. Escaping the procedural aspects of public policy, which are considered integral to authoritative coherence, results in the erosion of any moral obligations. Thus, in a libertarian society, disenfranchised individuals—such as those harmed through addiction—are the unlucky or superfluous product of a liberal and ‘progressive’ society. (shrink)

Background: Over the last several decades, scientists and social groups have frequently raised concerns about politicization or political interference in regulatory science. Public actors (environmentalists and industry advocates, politically aligned public figures, scientists and political commentators, in the United States as well as in other countries) across major political-regulatory controversies have expressed concerns about the inappropriate politicization of science. Although we share concerns about the politicization of science, they are frequently framed in terms of an ideal of value-free science, according (...) to which political and economic values have no legitimate role to play in science. For several decades, work in philosophy of science has identified serious conceptual and practical problems with the value-free ideal. -/- Objectives: Our objectives are to discuss the literature regarding the conceptual and practical problems with the value-free ideal and offer a constructive alternative to the value-free ideal. -/- Discussion: We first discuss the prevalence of the value-free ideal in regulatory science, then argue that this ideal is self-undermining and has been exploited to delay protective regulation. To offer a constructive alternative, we analyze the relationship between the goals of regulatory science and the standards of good scientific activity. This analysis raises questions about the relationship between methodological and practical standards for good science, tensions among various important social goods, and tensions among various social interests. We argue that the aims of regulatory science help to legitimize value-laden choices regarding research methods and study designs. Finally, we discuss how public deliberation, adaptive management, and community-based participatory research can be used to improve the legitimacy of scientists as representatives of the general public on issues of environmental knowledge. -/- Conclusions: Reflecting on the aims of regulatory science—such as protecting human health and the environment, informing democratic deliberation, and promoting the capacities of environmental justice and Indigenous communities—can clarify when values have legitimate roles in regulatory science. (shrink)

Hart offers a biologically based explanation for the use of an ‘epistemic positioning strategy’ aimed by speakers/writers at the legitimization of assertions, at persuading addressees of the veracity of the propositions, as a prior condition for the discursive legitimization of actions. This article focuses on various issues addressed in Hart’s article, among them the degree of commitment invoked in speakers/writers’ choice of epistemic stance expressions as legitimization strategies, as well as the expression of subjectivity/intersubjectivity in discourse and the degree to (...) which this involves responsibility and accountability for the speaker/writer. The article also provides an alternative proposal of the categories identified by Bednarek for the conceptual domain of evidentiality. (shrink)

Austrian immigration authorities frequently reject the family reunion applications of immigrant workers. They justify their decisions not only on legal grounds but also on the basis of their own often prejudiced judgements of the applicants' ability to `integrate' into Austrian society. A discourse-historical method is combined with systemic-functionally oriented methods of text analysis to study the official letters which notify immigrant workers of the rejection of their family reunion applications. The systemic-functionally oriented methods are used in a detailed analysis of (...) a sample of rejection letters while the discourse-historical method allows this analysis to be intertextually connected to other related genres of discourse and strategies of argumentation, and to the history of post-war immigration in Austria generally. (shrink)

Digital peddling of fake news is influential to persuasive political participation, with veritable social media platforms. Social media, with their instantaneous and widespread usage, have been exploited by ‘anonymous’ political influencers who fabricate and inundate internet community with unverified and false information. Using van Leeuwen’s Discourse Legitimation approach and insights from Discourse Analysis, this study analyses 120 purposively sampled fake news posts on Whatsapp, Facebook and Twitter, shared during the 2019 general elections in Nigeria. WhatsApp allows for the easy and (...) fast sharing of fake news as it pulled the largest occurrence of legitimation strategies, followed by Facebook. Authorisation is the highest occurring legitimation strategy at 46.6% frequency; this is followed by Moralisation which has 27% and Rationalisation at 26.4%; while Mythopoesis did not feature at all in the sampled data, leaving it at 0%. In particular, expert and role model authority are most often deployed to validate fake news such as the demise and cloning of President Buhari, ruling party’s plan to rig and destabilise the 2019 election, massive corruption in the current administration and imminent ethnic violence. The study argues that these strategies are viable persuasive tools owing to their use of discourse markers like make-believe images, emotive language, appeal to emotions, rational conclusions, hateful comments, verbal indictment and coercive verbs. (shrink)

In The Ethics of War and the Force of Law, Uwe Steinhoff argues “[t]he legitimate authority criterion should be abandoned.” (33) His position explicitly rejects the views of those defending legitimate authority as both indispensable and prior to the other criteria of the just war theory. In a subtle rejoined to these views, Steinhoff contends these accounts misrepresent the tradition and can provide no effective justification for retaining the criterion. Indeed, the criterion proves redundant. Much of Steinhoff’s analysis (...) is compelling. I shall argue, however, that despite correctly representing the tradition as more “pluralist” regarding possible authorization of war beyond the state, Steinhoff’s rejection of legitimate authority fails to account for its primary justification, namely, as identifying the proper agent through which to gauge the moral action involved in this particular use of force. My essay will advance this view by vindicating Steinhoff’s insight about the plurality of possible actors for whom “war” is appropriate necessitates the criterion of legitimate authority rather than making it redundant. (shrink)

It is commonly supposed that citizens of a reasonably just state have a prima facie duty to obey its laws. In recent years, however, a number of influential political philosophers have concluded that there is no such duty. But how can the state be a legitimate authority if there is no general duty to obey its laws? This article is an attempt to explain how we can make sense of the idea of legitimate political authority without positing the (...) existence of a general duty to obey the law. The explanation makes use of a distinction between laws of general application, on one hand, and on the other the particularized, directed efforts by state officials to channel and resolve disputes (including those arising from violations of the law). A state's legitimate authority entails a general duty to cooperate in the latter type of effort, rather than upon a dubious general duty to obey the law. (shrink)

The Scottish independence referendum in 2014 saw the breakthrough of online political campaigning in the UK. Despite the outcome, research and media alike concluded that the main pro-independence campaign, Yes Scotland, outdid the main pro-union campaign, Better Together, in the online battle. This article addresses this discrepancy by exploring how YS and BT used social media affordances in order to legitimize their own and de-legitimize their opponents’ positions. The material consists of multimodal tweets published by YS and BT in the (...) run-up to the referendum. The article employs a model for multimodal legitimation that takes into consideration the construction of authority, moral evaluation and the construction and justifications of means and goals. The findings show that both campaigns made extensive use of de-legitimating strategies, although YS was more balanced. The article also shows that the campaigns’ communicative choices had implications for the construction and justification of goals and means, with YS running a more visionary campaign than BT. (shrink)

Rulers of all kinds, from feudal monarchs to democratic presidents and prime ministers, justify themselves to themselves through a variety of rituals, rhetoric, and dramatisations, using everything from architecture and coinage to etiquette and portraiture. This kind of legitimation - self-legitimation - has been overlooked in an age which is concerned principally with how government can be justified in the eyes of its citizens. In this book, Rodney Barker argues that at least as much time is spent by rulers legitimating (...) themselves in their own eyes, and cultivating their own sense of identity, as is spent in trying to convince ordinary subjects. Once this dimension of ruling is taken into account, a far fuller understanding can be gained of what rulers are doing when they rule. It can also open the way to a more complete grasp of what subjects are doing, both when they obey and when they rebel. (shrink)

The increasing use of transnational standard-setting bodies to address quality uncertainties and coordination issues across the global economy raises questions about how these bodies establish and maintain their legitimacy and accountability outside the sovereignty of democratic states. Based on a discussion of the legitimacy challenge posed by global governance, we provide an overview of mechanisms by which such bodies can defend their legitimacy claims and examine the actual mechanisms used by the International Accounting Standards Board (IASB). While the IASB staked (...) its initial credibility on technical competence and independence, it has increasingly emphasized due process norms in its claim for support. Our analysis evaluates the IASB due process against the cultural benchmarks established by domestic standard-setters in the USA and UK and against a normative model of procedural legitimacy. These comparisons help us to understand the modifications that were made in the hope of due process adding legitimacy to accounting standard-setting beyond the state. They also reveal the broader political context of competing legitimacy criteria that confronts transnational standard-setters. (shrink)

Catholic priests who sexually abused minors were transferred to other parishes without disclosing the actual reason for their transfer. Based on reports from Ireland, Germany, and the USA, and relying on Bourdieu’s concepts of field and habitus, this article demonstrates that first, the practices of denying and withholding information even to fellow priests are consequences of the repression of sexuality within the Catholic Church. The Church has not provided a legitimate language for priests to be able to engage openly (...) about sexuality. Sexual repression as a field structure is incorporated into the priests’ habitus, resulting in self-censorship when it comes to articulating the issue of sexual abuse. Secondly, the article accounts for the change within the Catholic field and the priest’s habitus, which has resulted in the facility to verbally express sexual matters in order that the undisclosed practice of transferring abusive priests finally stopped. (shrink)

This article proposes a model for regulating use of cognition enhancement drugs for nontherapeutic purposes. Using the method of reflective equilibrium, the author starts from the considered judgment of many citizens that treatments are obligatory and permissible while enhancements are not, and with the application of general principles of justice explains why this is the case. The author further analyzes and refutes three reasons that some influential authors in the field of neuroethics might have for downplaying the importance of justice: (...) (1) Justice applies only to public funds and state action—not to individual choice or corporate actors. (2) “Performance enhancement” does imply questions of justice, while “performance maintenance” does not. (3) There is no sufficient difference between cognition-enhancement drugs and other technologies to warrant the importance of justice for the debate. The challenges are refuted by taking into account the difference between consumption and tool use, and the influence of socioeconomic pressure for widespread use that existing drugs could have on the basic structure of society and equal autonomy of citizens. The analysis of requirements of justice points to a conclusion that introducing economic disincentives for the use of cognition-enhancement drugs would be the most legitimate public policy. With the imposition of taxes, fees, and requirements of additional insurance, the use and indirect coercion to use would be less profitable and less widespread, while additional funds thus created could be allocated to meet basic medical needs and/or education. (shrink)

Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on the aggressive (...) side to use military violence against soldiers defending the victim state. Non-state actors, in contrast, have to fulfill more stringent requirements. If they do not, then even their attacks on military personnel can properly be called "terrorist." In the following I will argue that Finlay’s attempt to show the importance of the legitimate authority criterion of just war theory and to demonstrate that non-state violence has to satisfy heavier burdens of justification than state violence fails for a number of reasons: his claim that defenders would wrong victims if they defended them against their will is mistaken, he overlooks the fact that non-state agents need not claim to fight on someone’s behalf, the full moral authority he mentions is redundant, the powers he ascribes to “Lesser Moral Authority” are, depending on interpretation, either morally irrelevant or nonexistent, and his claim that granting states “Lesser Moral Authority” is beneficial from a “moral pragmatic” point of view while granting the same authority to non-state actors is not, is unwarranted. (shrink)

On the basis of internet forum and press media data, this article studies the expression of hostile attitudes towards multilingualism and multiculturalism in the context of debates about immigration. The forum data are drawn from the BBC’s Have Your Say website, which is a moderated forum that excludes polemical and abusive postings. Nevertheless, it still seems to provide its users ample opportunity for airing strongly anti-immigrant attitudes. The narratives in which these attitudes are being expressed are exemplary stories of the (...) posters’ supposed encounters with the use of foreign languages in the street, in the workplace or at school. This presence of foreign languages in the British public sphere is evaluated as being problematic and is “explained” as a result of mass immigration, which serves to reinforce the scenario of a culture mix that will destroy British “home” culture. Media coverage of immigration partly supports such vilification of multilingualism and multiculturalism, and the reports and comments often seem to be drawn from similar narrative-argumentative templates as those of the discussions on Have Your Say. In conclusion, we argue that counterspeech informed by Critical Discourse Analysis has to develop alternative narratives and figurative scenarios that question the bias against linguistic and cultural diversity. (shrink)

This article reports a critical discourse analysis of the legitimation strategies used in two Chinese government white papers about trade frictions between China and the United States. Drawing on the legitimation framework advanced by van Leeuwen to political discourse, it shows how the white papers use four main legitimation strategies: authorization, moralization, rationalization, and integration. It argues that the Chinese government uses these strategies to legitimate its responses to US trade policy and delegitimate the US government’s motives for (...) initiating/escalating tensions. This article also discusses how the use of these legitimation strategies draws from certain traditional Chinese cultural values, such as Confucianism, the culture of face, and collectivism. This article is a part of a larger research project studying discursive strategies in trade friction discourse and hopes to shed light on the attributes and functions of this type of discourse. (shrink)

The Bush doctrine of preventive and pre-emptive strikes triggered a debate in academic and governmental circles about the possible legitimization of those concepts in international politics and possibly international law. This essay gives an overview of the practice of preventive and pre-emptive strikes, both before and after the Cold War. Further, it sketches the above-mentioned debate and the underlying trends explaining it. Finally, it assesses the new doctrine in light of a possible future incorporation of the concepts of preventive and (...) pre-emptive strikes into international law. A distinction will be made between three kind of preventive strikes: counter-terrorist, counter-proliferation, and preventing humanitarian disasters. (shrink)

The aim of this study was to use ethical arguments to strengthen the relationship between the concepts of legitimacy and evaluation. The analysis is based on the ethics of Levinas and Buber and is motivated by a sense of responsibility using dialogical ideology as a mediator. The main questions in this study consider the following: Does caring science as an independent academic discipline have the moral responsibility to develop a theory for evaluating the quality of basic research? and Will such (...) a quality evaluation theory have a reasonable probability of introducing legitimization into caring science? On an ethical level, this study introduces a meaningful interaction inspired by social demands and is linked to the concept of research justification. Legitimization turns from an abstract idea to an achievable entity by an act. The act of evaluation has the likelihood of delegating legitimacy and empowers the foundation of caring science, which in turn will become a cornerstone of nursing. At this stage there is no intention to develop an evaluation theory, rather to create a meaningful discussion for the future development of an ethics-based theory. (shrink)

A new approach in science policy making named the innovation system approach has been developed during the past three decades. Its primary goal is to better understand the processes through which scientific knowledge is produced and transferred to businesses to improve their competitiveness and develop national and/or regional economies. This approach has been adopted as an analytical framework and guideline for science policy making by numerous public sector organizations around the world. Using a case study of the Canadian and Québec (...) public sectors, our research seeks to understand why the IS approach has gained the adherence of government employees and how it has been disseminated from international organizations down to regional civil servants. Findings show that adherence to the IS approach stems from the prestige of the Organisation for Economic Cooperation and Development and its associated epistemic community, and from the cultural authority science exerts on government employees; these two factors bestow cultural authority onto the IS approach. The perceived scientific validity of the IS approach also leads government employees to consider its underlying economistic worldview as an unquestionable reality. (shrink)

This paper examines the legitimacy conditions of constitutionalism by examining one particular type of constitutional provision: provisions aimed at advancing future generations’ interests. After covering the main forms that such provisions can adopt; it first considers three legitimacy gains of constitutionalising them. It then explores two legitimacy concerns that so doing raises. Given that constitutions are difficult to amend; constitutionalisation may threaten future generations’ sovereignty. And it may also make the constitution’s content impossible to adapt to changing circumstances and interests. (...) Finally; the paper examines the ways in which such concerns may be addressed at the adoption; formulation; and amendment stages. In particular; it discusses if the use of sunset clauses and regular constitutional conventions may; and under what conditions; successfully address such concerns. (shrink)

A thought experiment involving an omniscient being and quantum mechanics is used to justify non-deductive methods in mathematics. The twin prime conjecture is used to illustrate what can be achieved.