Arash Abizadeh claims that ‘[a]nyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries’. He bases this conclusion on the premise that ‘to be democratically legitimate, a state’s regime of border control must result from political processes in which those subject to it—including foreigners—have a right of democratic participation’. I shall argue that this premise, even if it were correct, does not support the conclusion since ‘democratic legitimacy’ is (...) morally irrelevant: that something is ‘democratically illegitimate’ in no way suggests, let alone implies, that it is also morally impermissible or contravenes a moral right. I shall consider counter-arguments advanced against this objection by Maxime Lepoutre and Abizadeh himself and argue that they fail. Thus there is no valid democratic argument against border coercion. (shrink)

This article discusses Axel Honneth’s recent theory of recognition, as exposed in his book Freedom’s Right. The argument defended here is that Honneth’s approach does not apprehend the normative implications of political conflicts, for it relies on what some critics have called normative history. Against that approach, this paper defends a model of social theory that is not committed to normative presuppositions of analysis. Rather, it seeks to understand how political struggles strive for normative authority. As an illustration of forms (...) of recognition that are alternative to the ones Honneth calls normative, the paper builds on an example from Brazilian society. (shrink)

(2013). Brandom and Gadamer on the Hermeneutical (Il)legitimacy of Rational Reconstruction. International Journal of Philosophical Studies. ???aop.label???

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)

In the last ten or fifteen years, realism has emerged as a distinct approach in political theory. Realists are skeptical about the merits of abstract theories of justice. They regard peace, order, and stability as the primary goals of politics. One of the more concrete aims of realists is to develop a realist perspective on legitimacy. I argue that realist accounts of legitimacy are unconvincing, because they do not solve what I call the “puzzle of legitimacy”: the puzzle of how (...) some persons can have the right to rule over others, given that all persons are equals. I focus on the realist accounts of legitimacy developed by Bernard Williams and John Horton. (shrink)

On Borders asks when are borders legitimate, and it offers a new theory to answer the question. The book challenges critical and normative theories that criticize or justify borders solely in terms of identity, and instead frames borders and border legitimacy from the perspective of place and presence. Instead of thinking of borders as the exclusionary limit of identity groups, the book develops a theory of territorial jurisdictions grounded on place-specific relations, giving central roles to urban settings and the environment. (...) Paulina Ochoa Espejo calls this the "watershed model" of territorial rights and borders. (shrink)

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

In this paper I respond to Bernd Krehoff’s article ‘Legitimate Political Authority and Sovereignty: Why States Cannot Be the Whole Story’. I criticize Krehoff’s use of Raz’s theory of authority to evaluate the legitimacy of our political institutions. Krehoff argues that states cannot (always) claim exclusive authority and therefore cannot possess exclusive legitimacy. Although I agree with his conclusion, I argue that the questions of legitimacy and (Razian) authority are distinct and that we need to focus more on the former (...) in order to really support and defend Krehoff’s conclusions. (shrink)

Social media platforms have been vested with hope for their potential to enable ‘ordinary citizens’ to make their judgments public and contribute to pluralized discussions about organizations and their perceived legitimacy :60–97, 2018). This raises questions about how ordinary citizens make judgements and voice them in online spaces. This paper addresses these questions by examining how Western citizens ascribe responsibility and action in relation to corporate misconduct. Empirically, it focuses on modern slavery and analyses online debates in Denmark on child (...) slavery in the cocoa industry. Conceptually, it introduces the notion of cosmopolitanism as a general disposition of care and responsibility towards distant others, conceived as a prerequisite for the critical evaluation of corporate responsibility in the Global South. The analysis of online debates shows that citizens debate child slavery in terms of individual consumer responsibility rather than corporate responsibility. Corporations are not considered potential agents of change. As a consequence, online citizen debates did not reflect a legitimacy crisis for the cocoa industry, as debates over responsibility were overwhelmingly concerned with the agency of the Western individual, the individual agency of the speakers themselves. Participants in debates understood their agency strictly as consumer agency. (shrink)

Massimo Renzo has recently offered a theory of legitimacy that attempts to ground the state’s right to rule on the assumption that people in the state of nature pose an unjust threat to each other and can therefore, in self-defense, be forced to enter the state, that is, to become subject to its authority. I argue that depending on how “unjust threat” is interpreted in Renzo’s self-defense argument for the authority of the state, either his premise that “those who pose (...) an unjust threat to others can be justifiably coerced in self-defense, at least when they are morally responsible for posing the threat,” or his premise that “would-be independents pose an unjust threat to those living next to them in the state of nature,” or both of them are wrong. I further argue that his premise that would-be independents pose an unjust threat by refusing to enter the state is also mistaken. Refusing to enter the state, that is, refusing to be subject to the authority of the state, is no threat at all, and hence coercing people into entering the state is no means of self-defense and incapable of enhancing security. Renzo’s deduction of state authority from the right to self-defense fails. (shrink)

The author outlines a conceptually oriented rational reconstruction of crisis tendencies in modern law. The connection between problems of legitimacy and the notion of rationality is emphasized and topics involving both the theory of communicative rationality and the theory of practical reasoning (especially in law) are discussed. The author concludes that a theory transcending the traditional approaches is needed. Otherwise, we shall not be able to face the questions of jurisprudence in the future, especially as regards an assessment of the (...) relations between law and morality, between law and society and finally between law, legitimacy and democracy. (shrink)

In this paper I respond to Bernd Krehoff’s article ‘Legitimate Political Authority and Sovereignty: Why States Cannot Be the Whole Story’. I criticize Krehoff’s use of Raz’s theory of authority to evaluate the legitimacy of our political institutions. Krehoff argues that states cannot (always) claim exclusive authority and therefore cannot possess exclusive legitimacy. Although I agree with his conclusion, I argue that the questions of legitimacy and (Razian) authority are distinct and that we need to focus more on the former (...) in order to really support and defend Krehoff’s conclusions. (shrink)

Theories of political legitimacy normally stipulate certain conditions of legitimacy: the features a state must possess in order to be legitimate. Yet there is obviously a second question as to the value of legitimacy: the normative features a state has by virtue of it being legitimate (such as it being owed obedience, having a right to use coercion, or enjoying a general justification in the use of force). I argue that it is difficult to demonstrate that affording these to legitimate (...) states is morally desirable, and that obvious alternative conceptions of the value of legitimacy (notably epistemic and instrumental) are not without problems of their own. The intuitive triviality of establishing the value of normative legitimacy may mask a serious problem. (shrink)

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)

One of the most controversial and currently developed lines of research in philosophy of biology is that in which philosophers investigate pre-Darwinian assumptions that would still be present at the base of other philosophical sub-disciplines, such as ethics, epistemology, philosophy of language, etc. This type of inquiry, which I will call here “meta-philosophical interrogation,” can be thought as a complementary approach to the epistemological one, which allows us to broaden the critical approach of the discipline in question. The objective of (...) this article will be to analyze the characteristics of the “meta-philosophical interrogation” and to argue about its legitimacy as a way of inquiry proper to the philosophy of biology. (shrink)

One of the most controversial and currently developed lines of research in philosophy of biology is that in which philosophers investigate pre-Darwinian assumptions that would still be present at the base of other philosophical sub-disciplines, such as ethics, epistemology, philosophy of language, etc. This type of inquiry, which I will call here “meta-philosophical interrogation,” can be thought as a complementary approach to the epistemological one, which allows us to broaden the critical approach of the discipline in question. The objective of (...) this article will be to analyze the characteristics of the “meta-philosophical interrogation” and to argue about its legitimacy as a way of inquiry proper to the philosophy of biology. (shrink)

Narrative is increasingly being recognised as an important tool both to manage and understand organisations. In particular, narrative is recognised to have an important influence on the perception of environmental issues in business, a particularly contested area of modern management. Management literature is, however, only beginning to develop a framework for evaluating the quality and legitimacy of narratives. Due to the highly fluid nature of narratives, the traditional notion of truth as reflecting ' objective reality' is not useful here. In (...) this article, an alternative approach that evaluates a narrative in two stages is developed. First, a horizontal reading investigates the surface of the narrative, its textual features, instrumental devices and its integrity as a text, to assess the quality of a narrative. Second, a more philosophical or vertical reading makes explicit the underlying value assumptions that author and reader bring to the writing and reading of the narrative to assess the narrative's claim to legitimacy. The framework is then tested against a narrative on the relationship between business and environment as espoused by a supply chain manager of a UK-based manufacturing company. (shrink)

One of the foremost intellectuals of our time, Pierre Bourdieu has had a resounding impact on a wide range of scholarly disciplines, from linguistics, sociology, and education to art history, philosophy, and literary criticism. Scholars of religion, however, have been relatively slow to mine the theoretical riches that researchers in other fields have uncovered in Bourdieus theory of practice, surely in part because Bourdieu actually wrote little about religion. Lately, though, Bourdieu is commanding respect in religious studies as a social (...) theorist of the stature and relevance of Durkheim, Marx, and Weber, whose own writings on religion are those that Bourdieu most admired. Through careful analysis of Bourdieus social theory in general and his writings on religion in particular, along with a summary of some emerging uses of Bourdieu in religious studies, in Bourdieu on Religion: Imposing Faith and Legitimacy Terry Rey introduces Bourdieu's theory of practice and demonstrates its range of utility to the study of religion. In light of Bourdieu's overarching aim to expose the sources of social inequalities, his work is shown to be especially apt for studies on the relationship between religion, class, and social power; religion, race, and ethnicity; and religion and colonial conquest. (shrink)

In May 2017, yet another South African university became a site of hate speech. Three students chose to display Nazi-inspired posters, which advertised an ‘Anglo-Afrikaner student’ event, under the motto ‘Fight for Stellenbosch’. That the posters provoked the response which it so obviously sought, was evident in the student outrage, and the swift condemnation from university management. Neither the prevalence of hate speech, nor its predictable responses, is new. The central concern of this article is to consider the extent to (...) which tolerance can offer a plausible response to hate speech. The questions which arise, however, are: Does the right to divergent viewpoints hold the same legitimacy as antagonistic ones? When is the boundary between legitimate and hate speech breached? Does a democracy imply the tolerance of all forms of speech? Or, are there limits to the forms of speech that a democracy ought to tolerate? (shrink)

ArgumentIn his inaugural lecture, “On the Legitimacy of the Darwinian Theory,” August Weismann followed closely in Darwin's footsteps, but provided at the same time an outline of the essentials of his future theory of heredity, development, variation, and speciation. This was Weismann's first support of the evolutionary theory, and it shows his commitment to natural selection as the mechanism of evolution. For Weismann, “Darwin's Theory” meant natural selection. Natural selection, and more generally selectionism, became Weismann's major explanatory principle for evolutionary (...) change and the most important element driving his thought. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...) and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

One of the theological disagreements in Christianity is the legitimacy of infant baptism. It was not discussed in the early period of Christianity. Nevertheless, it is one of the problems that have been debated especially since the post-reform period. Debates about infant baptism create differences in Christianity. Churches accepting infant baptism, espe¬cially the Catholic Church, acknowledge it as a tradition that has been practiced for thou¬sands of years. According to them, children were baptized by Jesus and the Church Fathers kept (...) doing this ritual. However, most of the Protestant Churches, like Anabaptists, criticize infant baptism as it does not happen based on free will. They claim that such people should get baptized again. According to them, Jesus did not baptize infants and the biblical texts, which are shown as a source of infant baptism, indicate that either Jesus blessed babies or baptized adults. Therefore, theological debates about infant baptism have continued in Christianity. The article discusses the historical process of infant baptism and the arguments presented by different groups about this discussion. The main framework of the article is the discussions between groups about biblical texts and religious identification, especially the post-reform period. Infant baptism is an important issue because it includes modern discussions about differences among churches, Bible interpretation, will, and mind. Since there is no specific study on infant baptism in our country, we can say that the article will contribute to the studies of the history of religions.Summary: The sacrament is one of the controversial topics among Christian churches. It has been discussed structure of the sacraments as well as the legitimacy of these practices throughout the history. Infant baptism is another example over legitimacy debate about the sacraments. Infant baptism is a key topic because it involves fundamental doctrines like salvation, faith, and original sin and conflicts among churches.This study addresses the historical process of infant baptism and the arguments presented by different groups regarding the debates of its legitimacy. It aims to shed light on one of the current debates of various groups in the post-reform period, especially among the Protestants. Initially, we discuss the value of baptism in Christian theology, then the histori¬cal process of infant baptism, and finally the arguments of groups that accept and do not accept infant baptism. Although there are various studies about baptism in our country, there is no specific study assessing infant baptism. Therefore, we think that this paper will augment the existing literature in the field.Baptism is the most meaningful sacrament in Christianity as it is an indicator of being a Christian and the first step of the way to salvation for Christians. It is also a unifying sacra¬ment because it is accepted by the Roman Catholic, Eastern Orthodox, and Protestant Churches. Catholics and Orthodox Churches agree on the seven sacraments (baptism, con¬firmation, Eucharist, penance, anointing of the sick, marriage, and holy orders) with a few exceptions. However, since the Protestants adopt an understanding of religion based upon the Bible, they only accept the baptism and Eucharist mentioned in the Bible as a sacrament. Although the Protestants agree on baptism, they have opposing views about infant baptism. The only source between the Protestant Churches about infant baptism is the Bible. These groups accept only Biblical texts as a legitimate source, not the Church fathers. However, the debate on whether the references in the Bible refer to the baptism of babies or the baptism of adults has reached to today. Since adults were baptized during the spread of Christianity, there was no significant debate about infant baptism in the early period. Generally, Church Fathers did not state infant bap¬tism as a systematic sacrament, but rather as a spiritual blessing. Therefore, baptism was accepted as a ritual that involves the infant, adult, and patient baptism in Christian litera¬ture. However, with the emergence of some heretic groups against infant baptism, the meaning of infant baptism and adult baptism has been used differently by Christians. As a result of the first discussions between heretic groups and the Church Fathers, some defense attempts of infant baptism have started in the Christian world. On the one hand, theologians struggled against those who are against infant baptism; on the other hand, the Church de¬cided to support infant baptism in councils. It was accepted that babies should be baptized even if they cannot speak during the sacrament and cannot answer questions about faith. It became widespread after Christianity was accepted as an official religion by Rome, and it was officially accepted by the Catholic church in the 13th century. Infant baptism discus¬sions have increased again after the Reform. While Catholic, Orthodox, Anglican, Lutheran, Methodist, Presbyterian, and Congressional churches accept infant baptism; groups such as Baptists, Pentecostalists, Anabaptists, Seventh-Day Adventists, Jehovah's Witnesses, and Last-Day Saints are against infant baptism.According to churches practicing infant baptism, babies should be baptized as soon as pos¬sible for God's divine grace and salvation. However, the churches that oppose infant baptism claim that this is a meaningless reason. According to them, baptism was only performed at Easter and Pentecost in the early period and even a candidate who wanted to be Christian was tested for a length of time. This practice reveals the connection of baptism with wisdom and faith. They claim that baptism is a meaningful and dogmatic action, not an ordinary practiceç Therefore, infant baptism, which is not based on reason, weakens faith. These churches point out that this ritual is deceptive, and it will lose children's faith over time since it is not supported by faith. They also criticize the idea that this baptism will make the person a member of the public. In this regard, they emphasize that members of the current society no longer live in villages and do not consist of groups recognizing each other. Thereby, It is clear that the membership of the current society has lost its sociological meaning in the modern society.Criticisms of these churches refusing infant baptismhave become more noteworthy in the recent period by the contributions of authors, Karl Barth (b. 1966) and Emil Brunner (d. 1966). All these criticisms focus on the fact that infant baptism is not based on the essential references of religion, but rather on the practices of church fathers. Therefore, they argue that families, who believe but not investigate, baptized babies only for the tradition. In other words, people care about society, not religious beliefs, but according to these groups, this is meaningless anxiety. These discussions reveal infant baptism is not only theological debate, but also socio-cultural.In our opinion, most of the references in the texts shown as evidence for infant baptism point to the inseparable bond between God and children, like in the Old Testament. We think that claim of these groups that faith requires a level of consciousness is a consistent criticism. In this context, it can be stated that the criticisms of the infant baptism in the post-reform period are effective and that groups who believe in this baptism could not respond to these criticisms through sacred texts and rational proofs. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...) and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)

In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...) protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy. (shrink)

Today there is a great deal of discussion about human rights. We speak of them in reference to totalitarian regimes but also in reference to Western democracies, which is a sign, it seems, of a reconsideration of the legitimacy of the power of the State and the conception of law on which this legitimacy rests. However, we had thought this question had been settled for a long time, at least in democratic countries: a legitimate government is one elected by the (...) people, whose sovereign will it expresses through elected representatives, retained or replaced periodically, who make the laws. In other words, the people are sovereign, and the exercise of this sovereignty is governed by a constitution, according to laws that permit the legitimacy of the State (Rechtsstaat) to be expressed concretely. The doubts that arise concerning human rights in many areas of the world would thus be signs of either a rupture between the sovereign people and the executive or legislative power, to which the people delegate the care of their interests and will, or of a resignation of the popular will, reduced to the condition of a sort of do-nothing king, doubting his own legitimacy and handing his power over to his clerks. In both cases, there is a crisis of confidence and perhaps more: a fundamental skepticism toward the very notion of legitimacy as it is usually presented, that is, as the expression of the will of the people: a capricious will, sometimes docile and sometimes rebellious, of an amorphous sovereign (rex otiosus) that it is difficult to identify in the features of its representatives, (congress, parliament or national assembly) or in the form of a ballot. In any case, the citizen, holder of a small particle of popular sovereignty, feels alienated from the State and its institutions, contrary to what we find in texts before the 18th century, when institutions were surrounded by an apparent, if not always sincere, respect and when the social hierarchy was accepted as a matter of fact. (shrink)

This essay asks why Aristotle, certainly no friend to unlimited democracy, seems so much more comfortable with unconstrained rhetoric in political deliberation than current defenders of deliberative democracy. It answers this question by reconstructing and defending a distinctly Aristotelian understanding of political deliberation, one that can be pieced together out of a series of separate arguments made in the Rhetoric, the Politics, and the Nicomachean Ethics.

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)

While states have agreed to substantial reduction of emissions in the Paris Agreement, the success of the Agreement strongly depends on the cooperation of large Multinational Corporations. Short of legal obligations, we discuss the effectiveness and moral legitimacy of voluntary approaches based on naming and shaming. We argue that effectiveness and legitimacy are closely tied together; as voluntary approaches are the only alternative to legally imposed duties, they are most morally defensible particularly if they would be the most effective in (...) reducing the harmful greenhouse gases. Shaming could be made effective if states could prompt more corporations to accept voluntary cuts with high gains—such as public acknowledgements—and high losses, such as reporting on noncompliance and public exposure, along with some kind of condemnation. An important challenge of such voluntary approaches is how to ensure compliance with the agreed upon commitments, while avoiding greenwashing or selective disclosure. Certain institutional arrangements are inevitable, including an independent measurement, monitoring and verification mechanism. In this paper, we discuss the potentials and ethical pitfalls of shaming as a strategy when corporations have a direct relationship with consumers, but also when they are in a relationship with governments and other corporations. (shrink)

Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion of private property (...) presupposed by that question is a product of the entity it is supposed to help legitimise: the state. We anchor our genealogical critique in recent work on ideology in epistemology and philosophy of language, and in current debates on the methodology of political theory. But, unlike more traditional approaches that aim to debunk whole concepts or even belief systems, we propose a more targeted, argument-specific form of ideology critique. (shrink)

Global governance has a major impact on the lives of people around the world. However, traditional theories of legitimacy were usually developed for states and are not suitable for the diversity of global governance institutions that exist today. This book first develops a normative concept of legitimacy that is applicable to all political institutions. According to this concept, to regard an institution as legitimate means ascribing it the right to exercise its function in political practice. Secondly, the book discusses how (...) the use of this concept opens up new perspectives in the debate on legitimacy criteria for global governance institutions. In this context, the book analyses the relationship of legitimacy to the values of justice and democracy and discusses the role of feasibility constraints and the all-affected principle in legitimacy judgements. The concept of legitimacy as the right to function opens up the conceptual space to accommodate the insight that legitimacy criteria are not the same for all global governance institutions, but depend on their function and context. Thirdly, the book applies the developed theoretical framework to a specific global governance institution, the G20. (shrink)

Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the name of”, or “on behalf of”, the whole polity. In this paper (...) I will challenge that claim. I will argue that the courts can be seen as acting, not on behalf of the whole polity, but only on behalf of a subset of its citizens, namely, the just citizens (i.e. the citizens who cannot be seen to have wronged the deprived offenders). (shrink)

The traditional concept of sovereignty is largely independent of democratic legitimacy and completely indifferent to any obligation towards non-national citizens. But can this traditional concept meet the normative expectations of a post-traditional understanding of political authority as well as the challenges of an ever more interconnected world? In order to respond to this question, the Article analyzes the conceptual presuppositions that lie at the basis of the notion of “sovereignty,” first regarding its sources, and second regarding the ideas of rationality (...) that are applied when sovereign actors operate. As far as the sources of sovereignty are concerned, it is argued that both of them - the “ascending” and the “descending” - although decisive for determining the quality of the legitimacy of political power, have little influence on a positive attitude of sovereigns towards aliens’ interests. To clarify the conditions for an opening of sovereign powers to solidarity, an assessment of the rationalities which are implemented when a sovereign puts actions into effect is therefore required. Yet most rationality concepts - or uses of practical reason - prove to be negative or at least useless when it comes to the question of supporting solidarity: the gamut ranges from open hostility towards the idea of taking the interests of aliens into account, through substantial indifference, to a positive approach which presupposes, however, non-provable metaphysical assumptions or an individual mindset with no pretension of issuing norms of general validity. Only the communicative conception of reason meets the criteria for a convincing justification of solidarity towards aliens as an obligation. The author therefore concludes that only an “ascending” sovereignty based on a communicative understanding of rationality can be considered fully legitimate insofar as the sovereign power, in this case, first originates from the will of the citizens and, second, is morally, politically and legally obliged to a solidaristic attitude towards the justified interests of non-citizens. (shrink)

This essay proposes that legitimacy (on at least one understanding of the protean term) is centrally a right to err: a right to make mistakes that harm interests of others that are ordinarily protected by rights (Section 1). Legitimacy so understood is importantly distinct from authority, the normative power to impose binding (or enforceable) rules at will (Section 2). Specifically, legitimate institutions have a distinctive liberty right to harm others’ interests that other agents normally lack. Their subjects in turn lack (...) certain permissions to avoid, or redirect, the costs of the institutions’ mistakes in ways that would otherwise be permissible (Section 3). Legitimate institutions have this liberty right because, and insofar as, they act for their subjects (in a specific sense), and do so only for the subjects’ sake. As a matter of fairness, (some of) the costs of the institutions’ actions are borne by the subjects for whom they are undertaken (Section 4). In turn, where an institution fails to act for its subjects in the relevant way, it (and its officials) may have to bear the costs of its errors, which the subject is morally permitted to redirect by acts of resistance (Section 5). (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

An increasingly worrying trend is enterprises undertaking greenwashing rather than producing actual green products. When such greenwashing behaviours are exposed, green brand trust between enterprises and stakeholders may be damaged, resulting in stakeholders becoming suspicious of these supposedly green brands. Then, enterprises need to adopt several trust repair strategies to repair the damaged green brand trust. We investigated green brand trust repair from a green brand legitimacy perspective and found the following: (1) higher green brand legitimacy suggests the use of (...) considered informational, emotional and corrective repair strategies. (2) Meanwhile, lower green brand legitimacy requires the use of timely informational, emotional and corrective repair strategies. Using the correct set of repair strategies may provide practical and effective approaches for enterprises to repair their brand trust. (shrink)

Firms in controversial industries such as tobacco, alcohol, gambling, weapon, and nuclear power suffer organizational legitimacy problems. These firms, therefore, adopt various strategies to acquire legitimacy. Drawing on institutional theory, we conceptualize the top management team gender diversity as a legitimacy-seeking strategy and examines how a firm’s belonging to a controversial sector affects TMT gender diversity. Based on a cross-country sample of 1542 firms operating in controversial industries from 34 countries and control sample with another set of 1542 similar-sized firms (...) from non-controversial industries, the empirical evidence shows that belonging to a controversial industry exerts a positive impact on TMT gender diversity. The effect of industry belonging on TMT gender diversity is positively moderated by institutional gender parity and a low level of corruption. It indicates that institutional factors act as emancipative forces that foster women's empowerment. Taken together, our results for moderating variables highlight the role of institutional characteristics in supporting women empowerment initiatives. (shrink)

ForewordThe motivation for the publication of this lecture is my firm belief that any word that can even slightly clarify and advance the powerful and fruitful idea of the transmutation of species is of value.First, I wish to put an end to the futile discussions which go nowhere since they ignore accumulated knowledge and always start from scratch. I want to proclaim that at the core of the Darwinian theory, regardless of its merit as a whole, lies the transmutation hypothesis, (...) which is nowadays the only legitimate scientific hypothesis on the origin of organic forms. Therefore, futurescientificdiscussions should focus on Darwinian theory alone, as its foundation is irrefutable.This lecture has been printed completely unchanged and unavoidable necessary additions have been transferred to footnotes. This article was already completed when Moritz Wagner'sThe Darwinian theory and the migration law of organism1*was published. Wagner attempts to diminish the role of natural selection in Darwin's theory and I challenge this view in the appendix, which also addresses the factors Wagner emphasized as influencing speciation.Freiburg im Breisgau, August 2, 1868August Weismann. (shrink)

Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members (...) of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy. (shrink)

The author examines the existential, historical, and political roots of psychiatric power, locating them, respectively, in the universality of guilt feelings and the desire to escape them, in psychiatry (replacing religion) as an institution offering surcease from such (and similar disturbing) feelings, and in the alliance, in modern societies, between psychiatry and the state. Clinical psychiatry and psychoanalysis, each in its own distinctive way, have served to legitimize the uses of psychiatric power. Liberty from coercive psychiatry requires destroying the legitimacy, (...) and hence power, of coercive psychiatric principles and practices. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...) put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Prompted by the concerns about legitimacy that Josh Reeves expresses in his book Against Methodology in Science and Religion: Recent Debates on Rationality and Theology, this article considers how the field of science and religion, and the disciplines and scholars that comprise it, should think about the pursuit of legitimacy today. It begins by examining four features of any conferral of legitimacy on an object. It then looks more closely at distance and its effects on judgments of legitimacy. It first (...) notes how longer distances can enable a wide range of factors other than the internal features or inherent merits of the object to influence judgments of its legitimacy. It then explores the factors that persons who have significant expertise in or experience with the object may consider when judging its legitimacy. It closes by posing three questions that anyone designing a strategy to increase the perceived legitimacy of an object might ask. (shrink)