Democracy has been a flawed hegemony since the fall of communism. Its flexibility, its commitment to equality of representation, and its recognition of the legitimacy of opposition politics are all positive features for political institutions. But democracy has many deficiencies: it is all too easily held hostage by powerful interests; it often fails to advance social justice; and it does not cope well with a number of features of the political landscape, such as political identities, boundary (...) disputes, and environmental crises. Although democracy is valuable it fits uneasily with other political values and is in many respects less than equal to the demands it confronts. In this volume prominent political theorists and social scientists present original discussions of such central issues. Democracy's Values deals with the nature and value of democracy, particularly the tensions between it and such goods as justice, equality, efficiency, and freedom. (shrink)

In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the (...) structural power of the Transnational Capitalist Class as its subject matter. Structural power is a social relation in which the institutional context makes some agents comply with others’ preferences regardless of actors’ intentional efforts to bring about such outcomes. Even when global business elites do not intentionally exercise power to obtain political control of global governance, their structural power has recognizable effects that partly enforce the world order. To advance my claim, I utilize the radical realists’ argument that the notion of legitimacy is applicable to a broader range of social practices that are beyond dyadic power relations, i.e. rulers intentionally exercising power over subjects. (shrink)

Political decisions have the potential to greatly impact our lives. Think of decisions in relation to abortion or climate change, for example. This makes political legitimacy an important normative concern. But what makes political decisions legitimate? Are they legitimate in virtue of having support from the citizens? Democratic conceptions of political legitimacy answer in the affirmative. Such conceptions righly highlight that legitimate political decision-making must be sensitive to disagreements among the citizens. But what (...) if democratic decisions fail to track what there is most reason to do? What if a democratically elected government fails to take measures necessary to protect its population from threats related to climate change? Peter argues that the legitimacy of political decisions doesn't just depend on respect for the citizens' will; and defends a novel hybrid conception of political legitimacy, called the Epistemic Accountability conception. According to this conception, political legitimacy also depends on how political decision-making responds to evidence for what there is most reason to do. Grounds for Political Legitmacy starts with an overview of the main ways in which philosophers have thought about political legitimacy, and identifies the epistemic accountability conception as an overlooked alternative. It then develops the epistemic accountability conception of political legitimacy and discusses its implications for legitimate political decision-making. Considering the norms that should govern political debate, it examines the role of experts in politics, and probes the responsibilities of democratically elected political leaders and as well as of citizens. (shrink)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of (...) political authority. Others associate it with the justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

This paper examines the differences between moralist, realist, and pragmatist approaches to political legitimacy by articulating their largely implicit views of judgment. Three claims are advanced. First, the salient opposition among approaches to legitimacy is not between “moralism” and “realism.” Recent realist proposals for rethinking legitimacy share with moralist views a distinctive form, called “normativism”: a quest for knowledge of principles that solve the question of legitimacy. This assumes that judging legitimacy is a matter (...) of applying such principles to a case at hand. Second, neither Rawls nor Habermas is a normativist about political legitimacy. The principles of legitimacy they proffer claim to express rather than adjudicate the legitimacy of a liberal-democratic regime, and thus cannot solve the question of legitimacy at a fundamental level. But perhaps we should question the normativist aspiration to theoretically resolving the problem to begin with. My third claim is that a “pragmatist” approach enables us to rethink political legitimacy more deeply by shifting focus from the articulation of principles to the activity of judging. Implicit in Rawls’s and Habermas’s theories I then find clues towards an alternative account of judgment, in which the question of legitimacy calls not for theoretical resolution but for ongoing practical engagement. (shrink)

Fabienne Peter (2020) recently proposed a taxonomy of accounts of the meta-normative grounds of political legitimacy. In this article, I argue that there is an important distinction left out of that taxonomy that complicates the picture. This is the distinction between attitude-independent and attitude-dependent conceptions of normative truth. Through an examination of these conceptions of normative truth (and correlate interpretations of what counts as a normative reason) I argue that what Peter calls a fact-based conception of legitimacy (...) may collapse into a will-based conception. Further, the distinction has important implications for what Peter calls the belief-based conception. Finally, I defend the will-based conception against Peter's arbitrariness objection through an examination of ideally coherent eccentrics. (shrink)

The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative (...) theories of justice. Against that background, the paper considers aspects of a more plausible, deeper and more inclusive idea of public political justification that builds on a thinner, potentially cosmopolitan idea of the reasonable. The paper considers what content such an idea may have, and identifies a method of inclusive abstraction through which it may be enriched in content to render it fruitful for the purposes of a justification of principles of political justice. But the move toward more depth and inclusiveness faces constructivism with two challenges. First, inclusivism about the scope of political justification might not be able to avoid dogmatism unless it invokes perfectionist considerations. And second, the authority and appeal of a fruitfully rich idea of the reasonable depends on whether the addressees of political justification already value wide acceptability. (shrink)

What is it for a state, constitution or set of governmental institutions to have political legitimacy? This paper raises some doubts about two broadly liberal answers to this question, which can be labelled ?Kantian? and ?libertarian?. The argument focuses in particular on the relationship between legitimacy and principles of justice and on the place of consent. By contrast with these views, I suggest that, without endorsing the kind of voluntarist theory, according to which political legitimacy (...) is simply created by individual consent, an adequate understanding of political legitimacy should take much more account than most philosophical theories tend to do of the attitudes and beliefs of citizens and the social and political context in which they have saliency. This also involves acknowledging the limits of theory in determining criteria of political legitimacy. (shrink)

In this paper, I take issue with Arthur Isak Applbaum’s power-liability view of political legitimacy. In contrast to the traditional view that legitimate rule entails a moral duty to obey, here called the right-duty view, Applbaum argues that political legitimacy is a moral power that entails moral liability for the subjects of political rule. According to Applbaum, the power-liability view helps us explain how responsible citizens in some cases can act contrary to law while still (...) recognizing the claims of law. Against Applbaum’s attempt at establishing the power-liability view through conceptual analysis, I argue that we cannot specify the moral implications of de jure legitimacy without considering the moral argument that justifies the right to rule. I further argue that Applbaum’s normative account of political legitimacy implies commitment to a normative idea that forms the basis of a strong case in favor of the right-duty view. Finally, I argue that the present defense of the right-duty view has resources to account for the moral phenomena that prompt Applbaum’s advocacy of the power-liability view. (shrink)

Some types of solar radiation management (SRM) research are ethically problematic because they expose persons, animals, and ecosystems to significant risks. In our earlier work, we argued for ethical norms for SRM research based on norms for biomedical research. Biomedical researchers may not conduct research on persons without their consent, but universal consent is impractical for SRM research. We argue that instead of requiring universal consent, ethical norms for SRM research require only political legitimacy in decision-making about global (...) SRM trials. Using Allen Buchanan & Robert Keohane's model of global political legitimacy, we examine several existing global institutions as possible analogues for a politically legitimate SRM decision-making body. (shrink)

In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we (...) find disagreement among philosophers about what constitutes the conceptual core of political authority: a power-right or a claim-right to rule. In this paper I show that both of these are problematic for a number of reasons. First, if we think that it is only the interests of the holders of a right to rule that justify the possession of authority, the conceptual core of authority must consist in a claim-right. However, this understanding of authority biases our thinking about legitimacy in favor of democratic exercises of power. Second, if we hold such a decisively democratic view of legitimacy, we confront an impasse with respect to addressing global collective action problems. Although it is clear that political authority is necessary or useful for solving these issues, it is doubtful that we can establish global institutions that are democratically authorized anytime soon. The paper suggests an alternative ‘Power-Right to Command View’ of political legitimacy that avoids the democratic bias and allows for thinking about solutions to global problems via global service authorities. (shrink)

Is authoritarian power ever legitimate? The contemporary political theory literature—which largely conceptualizes legitimacy in terms of democracy or basic rights—would seem to suggest not. I argue, however, that there exists another, overlooked aspect of legitimacy concerning a government’s ability to ensure safety and security. While, under normal conditions, maintaining democracy and rights is typically compatible with guaranteeing safety, in emergency situations, conflicts between these two aspects of legitimacy can and often do arise. A salient example of (...) this is the COVID-19 pandemic, during which severe limitations on free movement and association have become legitimate techniques of government. Climate change poses an even graver threat to public safety. Consequently, I argue, legitimacy may require a similarly authoritarian approach. While unsettling, this suggests the political importance of climate action. For if we wish to avoid legitimating authoritarian power, we must act to prevent crises from arising that can only be resolved by such means. (shrink)

Presents an historical analysis of social contract theory by considering the works of prominent philosophers.

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political (...) legitimacy are through the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

This essay contributes to developing a new approach to political legitimacy by asking what is involved in judging the legitimacy of a regime from a practical point of view. It is focused on one aspect of this question: the role of identity in such judgment. I examine three ways of understanding the significance of identity for political legitimacy: the foundational, associative, and agonistic picture. Neither view, I claim, persuasively captures the dilemmas of judgment in the (...) face of disagreement and uncertainty about who “I” am and who “we” are. I then propose a composite, pragmatic picture. This view casts the question of political legitimacy as an existential predicament: it is fundamentally a question about who you are—both as a person and as a member of collectives. The pragmatic picture integrates rational, prudential, and ethical qualities of good judgment that were heretofore associated with mutually exclusive ways of theorizing legitimacy. It also implies that the question of legitimacy cannot be resolved philosophically. (shrink)

The debate over rival conceptions of political legitimacy tends to focus on first-order considerations—for example, on the relative importance of procedural and substantive values. In this essay, I argue that there is an important, but often overlooked, distinction among rival conceptions of political legitimacy that originates at the meta-normative level. This distinction, which cuts across the distinctions drawn at the first-order level, concerns the source of the normativity of political legitimacy, or, as I refer (...) to it here, the grounds of political legitimacy. If we focus on the grounds of political legitimacy, there are three main conceptions of political legitimacy: will-based, belief-based, and fact-based conceptions. I present an objection to each of those main conceptions and defend a hybrid account of the grounds of political legitimacy. (shrink)

My aim in this paper is to provide an epistemological argument for why public reasons matter for political legitimacy. A key feature of the public reason conception of legitimacy is that political decisions must be justified to the citizens. Critics of the public reason conception, by contrast, argue that political legitimacy depends on justification simpliciter. Another way to put the point is that the critics of the public reason conception take the justification of (...) class='Hi'>political decisions to be based on reasons that are agreement-independent. I call such reasons objective reasons. Public reasons are, however, agreement-dependent. The debate between defenders and critics of a public reason conception of political legitimacy focuses on whether objective reasons or public reasons are the right basis for the justification of political decisions. My defense of the public reason conception will grant to its critics that there are objective reasons and allow that such reasons can affect the legitimacy of political decisions. But I will show, focusing on epistemic constraints on the justification of political decisions, that it does not follow that the justification of those decisions is necessarily agreement-independent. In the epistemic circumstances that are typical of political life, public reasons will be required for the justification of political decisions. (shrink)

Retributivism is often portrayed as a rights-respecting alternative to consequentialist justifications of punishment. However, I argue that the political legitimacy of retribution is doubtful precisely because retribution privileges a controversial conception of the good over citizens’ rights and more widely shared, publicly accessible interests. First, even if retribution is valuable, the best accounts of its value fail to show that it can override or partially nullify offenders’ rights to the fundamental forms of liberty of which criminal punishment paradigmatically (...) deprives them. Second, the importance of publicly justifying basic forms of coercion on the basis of broadly shared values is a good reason to think that the state should not punish for retribution even those citizens whose actions have created a state interest in punishing them that overrides or partially nullifies their presumptive rights. (shrink)

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

This article sets out an argument from legitimacy for the proposed Indigenous Voice to Parliament in Australia. The article first sets out an understanding of political legitimacy and of legitimacy deficits and argues that the Australian Government faces a legitimacy deficit with respect to its exercise of political power and authority over Indigenous Australians. The deficit arises, it is argued, because Indigenous Australians face significant structural injustice and there is little hope of redressing this (...) injustice within the prevailing governing conventions. The article then argues that the proposed Indigenous Voice to Parliament ought to be seen as part of a package to address this legitimacy deficit by resetting the governing conventions of Australian society. The argument from legitimacy is then compared favorably with more familiar arguments from sovereignty and the right to self-determination. (shrink)

Wendy S. Parker and I have advanced an inductive-risk approach to the provision of climate information that relies on the contextual values of information users. This approach aims to improve the e...

This article argues against the claim that democracy is a necessary condition of political legitimacy. Instead, I propose a weaker set of conditions. First, I explain the case for the necessity of democracy. This is that only democracy can address the ‘egalitarian challenge’, i.e. ‘if we are all equal, why should only some of us wield political power?’. I show that if democracy really is a necessary condition of political legitimacy, then (what I label) the (...) problems of domestic justice and of international legitimacy become intractable. I then argue that the egalitarian challenge is addressed where the requirements of (1) horizontal equality, (2) acceptable vertical inequality, and (3) publicity, are met and where (4) citizens have some institutionalized opportunity for a voice in decisions. I show that these conditions can be realized in non-democratic form and conclude by explaining how the four conditions can be employed to make the problems of domestic justice and of international legitimacy more tractable. Overall, my ambitions are limited. I do not offer an all-things-considered case against democracy but I do show that (some) forms of non-democratic government are permissible. (shrink)

In democratic theory, “legitimacy” refers to the set of conditions that must be in place in order for the claims to authority of somebody to be deemed appropriate, and for their claims to compliance to be warranted. Though criteria of legitimacy have been elaborated in the context of democratic states, there is no reason for them not to be drawn up, with appropriate amendments, for other kinds of authority structures. This paper examines the claims to authority made over (...) researchers by international bodies governing research ethics, who exercise their authority by the research ethics guidelines they produce (including recent revisions to the Declaration of Helsinki and CIOMS Guidelines). We argue that discussions of such bodies and sets of guidelines often elide questions of justification and questions of legitimacy, and that the grounds that might allow us to mount a strong case for the latter are at present sorely underdeveloped. (shrink)

Geoengineering is commonly defined as ‘the deliberate large-scale manipulation of the planetary environment to counteract anthropogenic climate change’. Technologies which...

In this article, I address the question: what kind of normative principles should regulate the governance processes through which migration across international borders is managed? I begin by contrasting two distinct categories of normative controversy relating to this question. The first is a familiar set of moral controversies about justice within border governance, concerning what I call the ethics of exclusion. The second is a more theoretically neglected set of normative controversies about how institutional capacity for well functioning border governance (...) can best be achieved, concerning what I call the constitution of control of international borders. I argue that progress can be made in resolving controversies of the latter kind by applying a new normative theory of political legitimacy, distinct from the moral theories of justice routinely applied to ethics of exclusion controversies. On the ‘collective agency’ model of political legitimacy that I propose here, principles of political legitimacy have the regulatory role of combating complex collective action problems that may otherwise impede an institution’s collectively valuable functions. Through applying this theory, I sketch some provisional prescriptions for the design of international border governance institutions that may follow from the demand for strengthening their political legitimacy. (shrink)

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)

A growing number of political and legal theorists deny that there is a widespread duty to obey the law. This has lent a sense of urgency to recent disagreements about whether a state’s legitimacy depends upon its ‘subjects” having a duty to obey the law. On one side of the disagreement, John Simmons, Robert Paul Wolff, David Copp, Hannah Pitkin, Leslie Green, George Klosko, and Joseph Raz hold that a state could only be legitimate if the vast majority (...) of its subjects have a duty to obey the law. On the other side, M.B.E. Smith, Jeffrey Reiman, Kent Greenawalt. (shrink)

Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.

The Global Financial Crisis of 2007–2009 exacerbated two distinct concerns about the independence of central banks: a concern about legitimacy and a concern about economic justice. This paper explores the legitimacy of independent central banks from the perspective of these two concerns, by presenting two distinct models of central banking and their different claims to political legitimacy and distributive justice. I argue primarily that we should avoid construing central bank independence in binary terms, such that central (...) banks either are, or are not, independent. I will argue that we should instead construe central bank independence in scalar terms, so that independence admits of degree, thus allowing us to develop an account of independence in which central banks can retain it to the extent necessary for economic efficiency, while meeting reasonable concerns regarding democratic legitimacy and economic justice. (shrink)

This article explores the role of religion in Ottoman political legitimation. It shows that the Ottoman rulers were interested in a much more expansive, diverse form of political legitimation that included Islamic religious legitimation, but also used toleration and sultanic law to construct a more capacious form of political legitimation that included Muslim and non-Muslim populations of the empire.

Some moral value is transparent just in case an agent with average mental capacities can feasibly come to know whether some entity does, or does not, possess that value. In this paper, I consider whether legitimacy—that is, the property of exercises of political power to be permissible—is transparent. Implicit in much theorising about legitimacy is the idea that it is. I will offer two counter-arguments. First, injustice can defeat legitimacy, and injustice can be intransparent. Second, (...) class='Hi'>legitimacy can play a critical function in our practical thought, which sometimes requires intransparency. (shrink)

In this paper I seek to explore how the idea of modus vivendi might help us to understand political legitimacy. A suitable conception of modus vivendi, I suggest, can represent a way of underpinning a viable and attractive account of political legitimacy. On my account a modus vivendi is basically a set of arrangements that are accepted as basis for conducting affairs by those who are party to them. Political legitimacy, I argue, is ultimately (...) rooted in the judgements of those subject to it, but is mediated through a language in which claims to it are argued and assessed. The thought is that the web of operative beliefs and values in any given society, which constitute the grounds of judgements about political legitimacy, are what sustains a modus vivendi around the basic political institutions and practices. On this view, legitimate political institutions and practices incline towards a modus vivendi in that they are the outcome of an historical and ongoing conglomeration of settlements reflecting shifting and conflicting values and interests, as well relative balances of power, both currently and in the past. The marriage of modus vivendi and political legitimacy, therefore, seeks to reflect the contingent and ‘negotiated’ character of basic political institutions and practices and an understanding of political legitimacy that sees it as mediated through an ongoing and emergent discourse of argument and judgement, which remains nonetheless always vulnerable to challenge and change. (shrink)

The state is a key driver of corporate social responsibility across developed and developing countries. But the existing research provides comparatively little knowledge about: (1) how companies strategically manage the relationship with the state through corporate social responsibility (CSR); (2) how this strategy takes shape under the influence of political institutions. Understanding these questions captures a realistic picture of how a company applies CSR to interacting with the state, particularly in countries where the state relationship is critical to the (...) business operation. This article draws on political legitimacy as a useful concept to directly address both strategic and politically embedded natures of CSR. This work extends the currently under-specified political implication of the strategic view of CSR and provides fresh insights to the political legitimacy research by specifying a typology of CSR-based legitimacy strategies and its contextual variation. China and Russia are the focal settings. A qualitative analysis of business—state interaction cases is done using a database that contains the majority of CSR reports published in Chinese and Russian as the end of 2009. As a result, this paper identifies four qualitatively different types of CSR-based political legitimacy strategies and reveals how the adoption of these strategies differs across Chinese companies, Russian companies, and multinational corporations. (shrink)

European Journal of Philosophy, EarlyView.

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.

Through the examination of recent developments in Iraq, Brazil and China, this paper explores the role of public communication in a) generating, corralling, and buttressing political legitimacy, and b) negotiating, demarcating, and reproducing collective identities. The transformation of Iraq’s public sphere after the fall of the Ba’ath regime saw it shift from a tightly controlled and unified communication space to unencumbered yet fragmented spheres split along ethno-sectarian lines, buttressing sectarian politics and identities. The emergence of subaltern publics in (...) Brazil’s favelas empowered residents to express public dissent, assert their voice, and develop pride in their community. Chinese efforts to control online public discourse provide the government with ways of managing its perceived legitimacy and foster patriotic fellowship online. Legitimation and the affirmation of identity interact and support one another in public discourse, as we illustrate. (shrink)