In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the (...) constitution of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

The biofuel boom is placing enormous demands on existing cropping systems, with the most crucial consequences in the agri-food sector. The biofuel industry is responding by initiating private governance and certification. The Roundtable on Sustainable Palm Oil (RSPO) and the Cramer Commission, among others, have formulated criteria on “sustainable” biofuel production and processing. This article explores the legitimacy of private governance and certification by the biofuel industry, highlighting opportunities and challenges. It argues that the concept of output based (...) class='Hi'>legitimacy is problematic in the case of biofuel as long as no consensus or commonly agreed “best” solution has been established on what sustainable biofuel production is. Furthermore, it shows that the private governance initiatives analyzed fail to adequately include actors from developing countries. Finally, the article argues that we need mechanisms for control and accountability in order to guarantee that the political output of biofuel certification serves the common welfare. (shrink)

This article describes a debate about the basis of allegiance to government that is obscured from view by the historiographical controversy about whether it is liberalism or republicanism that is the key to understanding eighteenth-century Anglophone political thought. This debate is between those who subscribe, more or less, to the principles of Locke, and those who subscribe, more or less, to the principles of Filmer. Taking the Hanoverian succession as my point of departure, I present an outline account of what (...) I take to be the mainstream eighteenth-century argument about the origin of government, up to and including the aftermath of the French Revolution. It played out largely in sermons and occasional pamphlets, written by individuals who, for the most part, did not acquire significant reputations, even in their own age. I then turn to a succession of more familiar writers, from Hume to Burke, who sought to transform argument about the source of political legitimacy by abandoning the question of the origins of government in favour, usually, of considerations of utility. Yet, as they attempted to change the terms of debate about the principles of government, these writers made constructive use of ideas and arguments usually associated with Filmer. (shrink)

Some contemporary paternalists argue in favor of government interventions based on how experimental psychologists and behavioral economists have found that our behavior often diverges from what would be predicted by rational-choice models. In this article it is argued that these findings can, more specifically, be used to identify decisional trouble spots where paternalist interventions may be legitimate. It is further argued that since the epistemic legitimacy of government paternalism ultimately rests on centralized decision-making having a comparative advantage, it also (...) depends on the possibility of such interventions being governed by an ideal of evidence-based policy-making. The article asks how stringently this requirement should be understood, and to what extent government can legitimately engage in what might be called experimental policy-making of a paternalistic character. (shrink)

In his epic poem, Paradise Lost, Milton does not, as many critics have recently claimed, repudiate monarchy and recommend republics; he rather asserts that the legitimacy of any particular form of government in any particular situation depends upon what he refers to as the ‘merit’ or ‘worth’ of the rulers and the ruled. On a strict definition of republicanism as a position grounded in the repudiation of monarchy and the recommendation of republics, this poem would thus fail to qualify (...) as a republican text. However, neither Livy's History nor Machiavelli's Discourses unconditionally repudiates monarchy and recommends republics; both texts claim that the legitimacy of any particular form of government in any particular situation depends upon many things, including the merit of the rulers and the ruled. Given that both of these texts fall within the tradition of republican thought, it follows that Milton's teaching on the forms of government in Paradise Lost is consistent in important respects with some of the central texts of this tradition, and that the poem may thus reasonably be understood as a republican text. But this teaching is also consistent with Milton's Protestant commitment to evaluating all human works and forms on the grounds of the spirit in which they are produced and administered. (shrink)

ABSTRACTAfter the revolutionary storm, which had exported Jacobin democracy on the tips of its bayonets and after the epic deeds of the Napoleonic era, which, in the midst of remarkable contradictions, had asserted a number of principles and values of the French Revolution, the moderate or conservative liberal thinkers who wished for the introduction of a representative government and of personal freedom in France and in Italy were faced with the return of the old regime and with attempts of the (...) Restoration to eradicate the reforms of the previous period. The only way these thinkers could save or restore parliamentary institutions and civil rights was to link their efforts to the destinies of the ruling dynasties. In both countries, this move was fiercely opposed, especially by reactionary writers. Hence, this essay will deal with the structure and contours of a debate which set two alignments in opposition, from the time of the Congress of Vienna to the Revolutions of 1820-21 and hinged on the principle of monarchic legitimacy and on the foundations of political authority which, for the first time, were being openly questioned in the midst of the American and the French revolutions. (shrink)

The authors articulate a global public standard for the normative legitimacy of global governance institutions. This standard can provide the basis for principled criticism of global governance institutions and guide reform efforts in circumstances in which people disagree deeply about the demands of global justice and the role that global governance institutions should play in meeting them.

The Franciscan William of Ockham (c.1285-c.1347) was the greatest theologian and philosopher of the first half of the fourteenth century. Spurred on by the activities of a papacy which he saw as destroying the very foundations of his Order, he devoted the last part of his life to examining the extent of papal power over Christians and its relationship to the secular government of people. On the Power of Emperors and Popes (1347) is his last work. Short, passionate and lucid, (...) it represents a distillation of his thought on these questions and forms an excellent and accessible introduction to his political thought as a whole. The extensive new annotations to the text bring to light the range of sources on which Ockham drew, while the new introduction places the work in its historical context and relates it to other works of medieval Franciscan political discourse. Translated here into English for the first time, the work will be of interest to all students and researchers in the field of medieval political thought. --the first English translation of Ockham's classic work, plus extensive new introduction, textual annotation, and bibliography --modern editorial apparatus connects the work with the whole body of Ockham's political thought --the new annotation provides historical and intellectual context and translations of Ockham's source references. (shrink)

Recent interpretation stresses the narrow role of consent in locke: it is a ground, Not of legitimacy but of legitimate revolt. Locke is less precise. In rejecting filmer's claim that birth imposes absolute political obligations locke implicitly denies its determination of the locus as well as the degree of those obligations. Using consent to limit political absolutism, Thus inadvertently raised the question of its direct link with citizenship, Hence locke's confused discussion of tacit and express consent. Locke leaves the (...) issue unresolved, Making the common patriarchal assumption that the location, If not the degree of political obligation, Can be inferred from birth. (shrink)

Johann Gottfried Herder (1744-1803) has been called the German Rousseau. Yet while Rousseau is recognized as a political thinker, Herder is not. This book explores each thinker's ideas--on nature and culture, selfhood and mutuality, paternalism, freedom, and autonomy--and compares their conceptions of legitimate statehood. Arguing that the crux of political legitimacy for both men was the possibility of "extended selfhood," Barnard shows that Herder, like Rousseau, profoundly altered human self-understandings, thus influencing modes of justifying political allegiance.

This collection of essays argues that any valid theory of the modern should—indeed must—reckon with the medieval. Offering a much-needed correction to theorists such as Hans Blumenberg, who in his _Legitimacy of the Modern Age_ describes the “modern age” as a complete departure from the Middle Ages, these essays forcefully show that thinkers from Adorno to Žižek have repeatedly drawn from medieval sources to theorize modernity. To forget the medieval, or to discount its continued effect on contemporary thought, is to (...) neglect the responsibilities of periodization. In _The Legitimacy of the Middle Ages_, modernists and medievalists, as well as scholars specializing in eighteenth-, nineteenth-, and twentieth-century comparative literature, offer a new history of theory and philosophy through essays on secularization and periodization, Marx’s theory of commodity fetishism, Heidegger’s scholasticism, and Adorno’s nominalist aesthetics. One essay illustrates the workings of medieval mysticism in the writing of Freud’s most famous patient, Daniel Paul Schreber, author of _Memoirs of My Nervous Illness_. Another looks at Michael Hardt and Antonio Negri’s _Empire_, a theoretical synthesis whose conscientious medievalism was the subject of much polemic in the post-9/11 era, a time in which premodernity itself was perceived as a threat to western values. The collection concludes with an afterword by Fredric Jameson, a theorist of postmodernism who has engaged with the medieval throughout his career. _Contributors_: Charles D. Blanton, Andrew Cole, Kathleen Davis, Michael Hardt, Bruce Holsinger, Fredric Jameson, Ethan Knapp, Erin Labbie, Jed Rasula, D. Vance Smith, Michael Uebel. (shrink)

There has been a long history of discussion whether intellectual or socioeconomic factors caused the rise of constitutional state and democracy, replacing the previous authoritarian forms of government. Some authors emphasized the role developmental psychology could play in illuminating the intellectual causes to these political phenomena. According to Piagetian researches, modern humankind has run through a psychogenetic evolution during the past several centuries. This psychological transformation entails higher forms of socio-moral consciousness decisive to the loss of legitimacy of authoritarian (...) forms and to the erection of more humane political forms such as constitutional state and democracy. (shrink)

Global governance, central to international rule-making, is rapidly evolving; thus, there is a need for a way to evaluate whether institutions have the capacity to address the problems of the contemporary era. Current methods of evaluating the democratic quality of contemporary governance are closely linked to legitimacy, about which there are competing definitional theories. This article uses a theoretical approach based around “new“ governance and the environmental policy arena to argue that contemporary governance is best understood as social-political interaction (...) built on “participation as structure“ and “deliberation as process“, with the level of interaction ultimately determining legitimacy. It presents a new arrangement of the accepted attributes of “good“ governance using a set of principles, criteria and indicators, and relates these to the structures and processes of governance. The implications and application of the analytical framework are also discussed. (shrink)

In a recent article Allan Buchanan and Robert Keohane defend the view that one of the necessary conditions for the legitimacy of global governance institutions such as the WTO and the IMF is that they respect basic human rights. I certainly agree that setting the minimal threshold of moral acceptability any lower would be entirely unreasonable. But, unfortunately, the view that global governance institutions have human rights obligations is far from uncontroversial. These institutions themselves go to great lengths to (...) deny such a claim. Their official stance finds strong normative support in the state-centric conception of human rights that dominates both normative debates about human rights and current human rights practice. In this article I challenge some of the normative assumptions behind the state-centric conception in order to defend a pluralist conception that ascribes human rights obligations not only to states but also to non-state actors such as global governance institutions. After briefly analyzing some of the proposals currently under discussion about how to legally entrench the obligation to respect human rights in those institutions, I will defend the feasibility of those proposals against the objection that their implementation is incompatible with the current state-system and thus it would require the creation of a world state. (shrink)

Although the concept of “AI governance” is frequently used in the debate, it is still rather undertheorized. Often it seems to refer to the mechanisms and structures needed to avoid “bad” outcomes and achieve “good” outcomes with regard to the ethical problems artificial intelligence is thought to actualize. In this article we argue that, although this outcome-focused view captures one important aspect of “good governance,” its emphasis on effects runs the risk of overlooking important procedural aspects of good AI governance. (...) One of the most important properties of good AI governance is political legitimacy. Starting out from the assumptions that AI governance should be seen as global in scope and that political legitimacy requires at least a democratic minimum, this article has a twofold aim: to develop a theoretical framework for theorizing the political legitimacy of global AI governance, and to demonstrate how it can be used as a compass for critially assessing the legitimacy of actual instances of global AI governance. Elaborating on a distinction between “governance by AI” and “governance of AI” in relation to different kinds of authority and different kinds of decision-making leads us to the conclusions that much of the existing global AI governance lacks important properties necessary for political legitimacy, and that political legitimacy would be negatively impacted if we handed over certain forms of decision-making to artificial intelligence systems. (shrink)

In this major work, Blumenberg takes issue with Karl Lowith's well-known thesis that the idea of progress is a secularized version of Christian eschatology, which promises a dramatic intervention that will consummate the history of the ...

In this paper, two claims are made. The main claim is that a fruitful approach for theorizing the political legitimacy of global governance and the proper normative role of civil society actors is the so-called ‘function-sensitive’ approach. The underlying idea of this approach is that the demands of legitimacy may vary depending on function and the relationship between functions. Within this function-sensitive framework, six functions in global governance are analyzed and six principles of legitimacy defended, together constituting (...) a minimalist account of political legitimacy. This account suggests that civil society actors may strengthen political legitimacy by performing five of these functions under certain conditions and insofar as the proposed normative political principles are fulfilled: problem identification, agenda-setting, implementation, enforcement and monitoring, and evaluation. The second claim is critical and is chiselled out against the backdrop of this function-sensitive account, through which I demonstrate that much vagueness and confusion with regard to the proper role of civil society actors for strengthening the political legitimacy of global governance could be traced to the so-called ‘transmission belt’ model, which has gained popularity in international political theory. This model depicts civil society as a transmission belt between the public sphere and decision-making loci, where it is assumed that civil society actors contribute to the strengthening of political legitimacy by transmitting peoples’ preferences, beliefs, and opinions from the former to the latter space by indirectly or directly influencing the decision-making. It is argued that this picture is misleading and generates erroneous prescriptions of how civil society actors should act to increase political legitimacy. (shrink)

The Pythagorean Life is the most extensive surviving source on Pythagoreanism, and has wider interest as an account of the religious aspirations of late antiquity. "...admirably clear translation and sensible introduction"--The Classical...

A revised version of Nathaniel Chipman's Sketches of the Principles of Government (1793), this early treatise on the underlying principles of American government addresses civil laws and obligations, the social state, rights of property, sovereignty and political power. An important early contribution to American constitutional law, it is also interesting for its Federalist perspective on the evolutions of political institutions from Washington to Jackson.Nathaniel Chipman [1752-1843] was a leading Vermont Federalist who was instrumental in that state's admission to the Union. (...) He became Vermont's chief Justice and went on to represent Vermont in the U.S. Senate. He was also one of America's first significant legal writers.One of his books, the Reports and Dissertations (1793) is included in Warren's list of "the four general works on the Common Law... [of] permanent value in American Legal Literature.": Warren, A History of the American Bar 335-336. See Cohen, Bibliography of Early American Law 5752, Sabin, A Dictionary of Books Relating to America 12824, Dictionary of American Biography II:73-74. (shrink)

The 2020 introduction by China’s central government of a national security law in Hong Kong marked a watershed moment in the social and political history of the semiautonomous city. The law emerged after months of street protests that reflected declining public trust in Hong Kong’s government. Against this turbulent backdrop, Hong Kong’s policy projects moved forward, including smart city development. This article explores public trust in and political legitimacy of Hong Kong’s smart cities endeavors in the period leading up (...) to the introduction of the NSL. At a theoretical level, the smart cities phenomenon invites critical reflection about tensions between technocracy and democracy, but this topic remains largely unexploited by empirical literature. Using survey data from 1,017 residents, this study identifies confidence in the benefits of smart cities but lesser trust in privacy and security and lesser satisfaction with participation opportunities in related policymaking. Probing these dynamics, the study finds that trust in smart city mechanics and governance associate positively with support for smart cities, controlling for ideology and issue awareness. Illuminating a theoretical and practical puzzle, these findings contribute empirically to discussions about the political legitimacy of scientific, technological, and technocratic undertakings in the public sector. (shrink)

This article explores the much neglected work of the German philosopher and cultural theorist Hans Blumenberg, a figure still relatively little known in the Anglophone world. The thesis is defended that Blumenberg's conception of The Legitimacy of the Modern Age (1966) offers valuable resources for addressing some important questions about the philosophical self-understanding of the modern social sciences in relation to theological and religious sources of thought and language. The article begins with an assessment of the contemporary relevance of (...) Blumenberg's critique of the idea of modern scientific culture as a merely `secularized form' of theological thinking. This critique is then compared with Blumenberg's account of the relationship of theoretico-scientific inquiry to mythological consciousness in his second major philosophical monograph of 1979, Work on Myth. The article concludes with a range of reflections on ways in which Blumenberg's work helps us understand how certain explanatory constructs and devices employed in the modern social sciences can be said to incorporate, assimilate, and at the same time critically transform figures of thought and language that display a mythic, religious and theological context of historical origination, provenance or genealogy. (shrink)

Unity in government -- The family in English history -- Medieval English sovereignty -- The old jury -- Becket and the law.

This article is the first in a two-part review of policy design for human embryo research in Canada. In this article we explain how this area of research is circumscribed by law promulgated by the federal Parliament (the Assisted Human Reproduction Act ) and by guidelines issued by the Tri-Agencies (the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans and Updated Guidelines for Human Pluripotent Stem Cell Research ). In so doing, we provide the first comprehensive account of the (...) rules currently governing human embryo research in Canada. In this article we also provide a chronological description of relevant policy initiatives and outcomes related to these policy instruments over the past 20 years, with particular attention to public involvement in policy design. This sets the stage for the second article (scheduled to appear in vol. 6 issue 3) in which we critically analyse the history of policy design for human embryo research in Canada, applying a typology of modes of public consultation developed by Eric Montpetit. Our goal is to carefully explain the various episodes of policy development and their corresponding outcomes, in order to more effectively address emerging questions about the legitimacy of future policy initiatives for human embryo research in Canada. (shrink)

Globalization arguably generated a governance gap that is being filled by transnational rule-making involving private actors among others. The democratic legitimacy of such new forms of governance beyond nation states is sometimes questioned. Apart from nation-centered democracies, such governance cannot build, for example, on representation and voting procedures to convey legitimacy to the generated rules. Instead, alternative elements of democracy such as deliberation and inclusion require discussion to assess new instruments of governance. The recently published standard ISO 26000 (...) is an interesting example of transnational governance. ISO 26000 was developed in a lengthy multiorganizational process for the purpose of giving guidance on the social responsibility of organizations. By assessing the specific case of ISO 26000, this study sheds light on the question of how legitimacy beyond nation-state democracy is ensured or constricted. Centering on the idea of deliberate democracy and democratic legitimacy, the study offers in-depth insights on the normative legitimacy of the development process of ISO 26000. Positioned on the interface of business studies and public policy, this article contributes to the academic literature on transnational governance and on the role of multistakeholder processes in shaping the role of business in society. (shrink)

This book is a comprehensive and unique text and reference in medical ethics. By far the most inclusive set of primary documents and articles in the field ever published, it contains over 100 selections. Virtually all pieces appear in their entirety, and a significant number would be difficult to obtain elsewhere. The volume draws upon the literature of history, medicine, philosophical and religious ethics, economics, and sociology. A wide range of topics and issues are covered, such as law and medicine, (...) truth-telling by the physician, research, population policy, genetics, abortion, dying, and individual rights in medical care. The selections span the centuries, beginning with material from the works of Hippocrates, continuing through Thomas Percival, John Stuart Mill, and Claude Bernard, down to modern commentators like Henry K. Beecher, Walsh McDermott, David L. Bazelon, Paul Freund, H. L. A. Hart, John Rawls, Paul Ramsey, Richard McCormick, Rashi Fein, and Bernard Barber. The text has eight major divisions, beginning with sections on the ethical dimensions of the physician-patient relationship in history; the moral bases of medical ethics; and regulation, compulsion, and protection of the consumer in clinical medicine and public health. Each of these sections includes key essays that appear for the first time. All of the book's major divisions contain primary documents: codes such as the Hippocratic Oath, Medieval Law for the Regulation of Medicine, and the first as well as the most recent code of the American Medical Association; court decisions, including those on Karen Quinlan and on abortion in the United States and West Germany; government documents such as the statement of the National Commission on the Protection of Human Subjects, the Tuskegee Syphilis Report, the British Parliamentary debate on euthanasia, and the Council of Europe on rights of the sick and dying; and various published guidelines such as the Harvard Medical School brain death criteria, the American Hospital Association on patient's rights, and Pope Pius XII on the prolongation of life. Cases that illustrate moral dilemmas are provided for discussion purposes. Each section is preceded by a succinct editor's introduction. The documents and essays are of practical value for practitioners and students in medicine, law, ethics, and counselling, and for individual patients and groups concerned with medical care. Through encompassing divergent viewpoints, the essays and primary documents were selected to encourage humane practices and deepen understanding of the multiple traditions that shaped and do shape the development of medicine. (shrink)

Abstract:Social contracting has a long and important place in the history of political philosophy (Hardin, 1991; Waldron, 1989) and as a theory of justice (Baynes, 1989; Rawls, 1971). More recently, it has been developed into an individual rights-based theory of organizations (Keeley, 1980, 1988), and as a way to integrate ethics and moral legitimacy into corporate strategy and action (Donaldson, 1982; Freeman&Gilbert, 1988). Currently, it is being proposed as an integrative theory of economic ethics (Donaldson&Dunfee, forthcoming). This paper will (...) extend the Donaldson and Dunfee approach by arguing thatsocial contracting can best be understood and applied in organizational settings if it is perceived and treated as a network governance process. This insight can benefit management scholars and practitioners alike, since it calls attention to the processes by which trust is created and sustained in on-going contractual relationships. It also strongly suggests that a new approach to applying managerial discretion, asmoral agency, is needed to realize the full competitive and ethical potential of emerging network forms. (shrink)

An inquiry into the rhetorical aspects of history may seem paradoxical, given that historical discourse is not typically included among those types which, since Aristotle, have been understood to be governed by rhetoric; these types being the deliberative council, the tribunal and the commemorative assembly. It was to these specific audiences that the three kinds of discourse—the deliberative, judiciary, and panegyric—were addressed. However, are the boundaries of the historian's audience sufficiently delineated in order to allow us to identify it as (...) a specific addressee? This first objection, which regards the very legitimacy of the subject of these remarks, can be met by noting a common trait that links history to the above-mentioned three types of discourse; that is, competition between opposed discourses requiring a choice. In each case the aim is to structure a debate that calls for a clear-cut decision. Yet a major problem of the discipline of history is that it allows both for widely varying descriptions of the same series of events, and sanctions the use of a variety of equally acceptable rules or preferences for interpreting a given slice of the past. (shrink)

In order for a state to rightfully exercise self-determination by means of setting policies concerning migrants and migration, they must be legitimate, Gillian Brock argues in _Justice for People on the Move_. Legitimacy, in Brock’s view, requires that states satisfy three (jointly sufficient) conditions: they must respect their own citizens’ human rights; they must be a part of a legitimate state system; and they must adequately contribute to the maintenance of this state system. In her new book, Brock also (...) argues persuasively for a variety of migration-related policies that states ought to adopt (concerning, for example, addressing the needs of refugees, regularization of undocumented migrants, and protections for temporary labor migrants). In previous work (Brock, _Global Justice: A Cosmopolitan Account_, Oxford University Press, New York, 2009; Brock and Blake, _Debating Brain Drain: May Governments Restrict Emigration?_, Oxford University Press, New York, 2015), Brock has compellingly defended the justice of policies designed to allay the harmful effects of brain drain. In this commentary, I wish to argue that the legitimacy standard Brock defends in _Justice for People on the Move_ is an obstacle to the justified adoption of the migration-related policies Brock demonstrates here and in previous work to be substantively morally justified, if not required by justice. If a state is not legitimate, then it lacks the moral standing to adopt migration policies that are otherwise morally justified. I do not intend to question the importance of the concept of state legitimacy for political philosophy generally. However, I wish to argue that that in the context of migration justice, considerations of state legitimacy may be contrary to the goal of defending a view on what policies a state ought to adopt. It may be more useful simply to consider whether or not there is moral justification for a particular state to adopt a particular policy. (shrink)

Democratic legitimacy is rarely associated with private governance. After all, private actors are not legitimized through elections by a demos. Instead of abandoning democratic principles when entering the private sphere of governance, however, this article argues in favour of employing alternative criteria of democracy in assessments. Specifically, this article uses the criteria of participation, transparency and accountability to evaluate the democratic legitimacy of private food retail governance institutions. It pursues this evaluation of the democratic legitimacy of these (...) institutions against the background of their ambivalent impact on the sustainability of the global agrifood system. The paper refers to a range of cases of private retail standards with different governance structures and substantial foci to illustrate its argument. (shrink)

Business ethics, corporate social responsibility, corporate citizenship, values-driven management, corporate governance, and ethical leadership are necessary ...

This chapter argues that dual-use emerging technologies are distributing unprecedented offensive capabilities to nonstate actors. To counteract this trend, some scholars have proposed that states become a little “less liberal” by implementing large-scale surveillance policies to monitor the actions of citizens. This is problematic, though, because the distribution of offensive capabilities is also undermining states’ capacity to enforce the rule of law. I will suggest that the only plausible escape from this conundrum, at least from our present vantage point, is (...) the creation of a “supersingleton” run by a friendly superintelligence, founded upon a “post-singularity social contract.” In making this argument, the present chapter offers a novel reason for prioritizing the “control problem,” i.e., the problem of ensuring that a greaterthan-human-level AI will positively enhance human well-being. (shrink)

In Culture, Genre, and Literary Vocation, Michael Davitt Bell charts the important and often overlooked connection between literary culture and authors' careers. Bell's influential essays on nineteenth-century American writers—originally written for such landmark projects as The Columbia Literary History of the United States and The Cambridge History of American Literature—are gathered here with a major new essay on Richard Wright. Throughout, Bell revisits issues of genre with an eye toward the unexpected details of authors' lives, and invites us to reconsider (...) the hidden functions that terms such as "romanticism" and "realism" served for authors and their critics. Whether tracing the demands of the market or the expectations of readers, Bell examines the intimate relationship between literary production and culture; each essay closely links the milieu in which American writers worked with the trajectory of their storied careers. (shrink)

This article explores a view nearly absent from modern political theory, that there is a duty to create and secure government which imposes on some a duty to govern. This duty is grounded in philosophers as disparate as Aquinas, Locke, Hobbes and Finnis. To fail one's duty to govern, especially over the range of goods that can only be secured by government, is to have committed a wrong against another. If there is an obligation to govern that is rooted in (...) the common good, then one might believe there is an obligation to maintain a government which pursues the common good. After disentangling the duty to govern from political duties which are much better explored, I focus on the more subtle question of how political legitimacy and the obligation to obey the law may clash with a duty to govern. Again, it is surprising that this claim can be located in scholars as disparate as Kant, Hobbes and Finnis. Yet in each example these thinkers give us, we are troubled by the tension between the duty to maintain a government and its conceptual fellow travelers, legitimate government and the obligation to obey. Nor is this question one restricted to abstract political philosophy. Particularly troubling are scenarios in which a threat to governance might lead to a reasonable belief that the government must maintain itself by taking actions which appear illegitimate. A scenario where a government must racially profile or violate civil liberties to guard against threats to the ability to govern brings the problem to life. Difficult moments of American history — the interment of the Japanese during World War II, racial profiling after September 11th and the use of torture by the United States government were surely mistakes. But they make live the perceived and potential clash between a duty to maintain a government, legitimate government and our duty to obey the law. (shrink)

The ethics of policing currently neglects to provide a framework for analysing the morality of deliberate inactions to prevent harm, even though these are often adopted tactically by police as a means of preventing greater harms. In this paper we argue (a) that police have special moral obligations to prevent harm, grounded both in a contractarian account of police legitimacy and in the interpersonal morality of associations and (b) that police are morally culpable for failures to fulfil these special (...) obligations when these are neither proportionate nor necessary to the prevention of greater crime-related harms. Our claims have implications both for the morality of policing and for its regulation and governance under human rights legislation, which we argue should be reformed so as to recognise police culpability not only for inflictions of harm, but also for failures to prevent it. (shrink)

The use of Genetic Modification in food is the subject of deep political disagreement. Much of the disagreement involves different perceptions of the kinds of risks posed by pursuing GM food, and how these are to be tolerated and regulated. As a result, a primary institutional site of GM food politics is regulatory agencies tasked with risk assessment and regulation. Locating GM food politics in administrative areas of governance regimes produces unique challenges of democratic legitimacy, conventionally secured through legislative (...) channels. In particular, debate over the ends of a society’s policy on GM food inevitably continues in these institutional locations, despite conventional instrumental understandings of administrative legitimacy resting on effective application of ‘ends-means’ norms. This paper assesses the two major regulatory frameworks currently applied to GM food—the ‘precautious’ and ‘proof of harm’ approaches—and presents their respective limits in securing the procedural and substantive dimensions of the legitimacy of administrative deference in democratic societies. On the basis of these criticisms, a synthesized and emergent approach—‘experiential precaution’—is presented as having the resources to deepen the legitimacy of risk governance institutions in the case of GM food. It is characterized by deepened participatory practices of negotiated rulemaking and inclusion of further substantive requirements in approval criteria. (shrink)

The algorithmic accountability literature to date has primarily focused on procedural tools to govern automated decision-making systems. That prescriptive literature elides a fundamentally empirical question: whether and under what circumstances, if any, is the use of algorithmic systems to make public policy decisions perceived as legitimate? The present study begins to answer this question. Using factorial vignette survey methodology, we explore the relative importance of the type of decision, the procedural governance, the input data used, and outcome errors on perceptions (...) of the legitimacy of algorithmic public policy decisions as compared to similar human decisions. Among other findings, we find that the type of decision—low importance versus high importance—impacts the perceived legitimacy of automated decisions. We find that human governance of algorithmic systems increases perceptions of the legitimacy of algorithmic decision-making systems, even when those decisions are likely to result in significant errors. Notably, we also find the penalty to perceived legitimacy is greater when human decision-makers make mistakes than when algorithmic systems make the same errors. The positive impact on perceived legitimacy from governance—such as human-in-the-loop—is greatest for highly pivotal decisions such as parole, policing, and healthcare. After discussing the study’s limitations, we outline avenues for future research. (shrink)

What is wrong with government whistleblowing and when can it be justified? In my view, ‘government whistleblowing’, i.e., the unauthorized acquisition and disclosure of classified information about the state or government, is a form of ‘political vigilantism’, which involves transgressing the boundaries around state secrets, for the purpose of challenging the allocation or use of power. It may nonetheless be justified when it is suitably constrained and exposes some information that the public ought to know and deliberate about. Government whistleblowing (...) should then be viewed, along the lines of civil disobedience, as a collective cognition- and legitimacy-enhancing device. (shrink)

Religious-secular distinctions have been crucial to the way in which modern governments have rationalised their governance and marked out their sovereignty – as crucial as the territorial boundaries that they have drawn around nations. The authors of this volume provide a multi-dimensional picture of how the category of religion has served the ends of modern government. They draw on perspectives from history, anthropology, moral philosophy, theology and religious studies, as well as empirical analysis of India, Japan, Mexico, the United (...) States, Israel-Palestine, France and the United Kingdom. (shrink)

In the face of limited time and escalating impacts, some scientists and politicians are talking about attempting "grand technological interventions" into the Earth’s basic physical and biological systems ("geoengineering") to combat global warming. Early ideas include spraying particles into the stratosphere to block some incoming sunlight, or "enhancing" natural biological systems to withdraw carbon dioxide from the atmosphere at a higher rate. Such technologies are highly speculative and scientific development of them has barely begun. -/- Nevertheless, it is widely recognized (...) that geoengineering raises critical questions about who will control planetary interventions, and what responsibilities they will have. Central to these questions are issues of justice and political legitimacy. For instance, while some claim that climate risks are so severe that geoengineering must be attempted, others insist that the current global order is so unjust that interventions are highly likely to be illegitimate and exacerbate injustice. Such concerns are rarely discussed in the policy arena in any depth, or with academic rigor. Hence, this book gathers contributions from leading voices and rising stars in political philosophy to respond. It is essential reading for anyone puzzled about how geoengineering might promote or thwart the ends of justice in a dramatically changing world. (shrink)

In a globalizing world, governments are not always able or willing to regulate the social and environmental externalities of global business activities. Multi-stakeholder initiatives (MSI), defined as global institutions involving mainly corporations and civil society organizations, are one type of regulatory mechanism that tries to fill this gap by issuing soft law regulation. This conceptual paper examines the conditions of a legitimate transfer of regulatory power from traditional democratic nation-state processes to private regulatory schemes, such as MSIs. Democratic (...) class='Hi'>legitimacy is typically concerned with input legitimacy (rule credibility, or the extent to which the regulations are perceived as justified) and output legitimacy (rule effectiveness, or the extent to which the rules effectively solve the issues). In this study, we identify MSI input legitimacy criteria (inclusion, procedural fairness, consensual orientation, and transparency) and those of MSI output legitimacy (rule coverage, efficacy, and enforcement), and discuss their implications for MSI democratic legitimacy. (shrink)