Fifteen years ago, Peter Singer published Animal Liberation: A New Ethics for Our Treatment of Animals. In it, he proposed to end “the tyranny of humans over nonhuman animals” by “thinking through, carefully, and consistently, the question of how we ought to treat animals” (p. ix). On this anniversary of the book's publication, a critical analysis shows that the logic he presents, though popularly appealing, is philosophically flawed. Though influential in slowing and in some cases stopping biomedical research involving animals, (...) the animal rights movement in the United States has yet to offer a clear and compelling argument for the equlity of species. (shrink)

In this article, I examine A. John Simmons’s philosophical anarchism, and specifically, the problems that result from the combination of its three foundational principles: the strong correlativity of legitimacy rights and political obligations; the strict distinction between justified existence and legitimate authority; and the doctrine of personal consent, more precisely, its supporting assumptions about the natural freedom of individuals and the non-natural states into which individuals are born. As I argue, these assumptions, when combined with the strong correlativity (...) and strict distinction theses, undermine Simmons’s claim, which is central to his philosophical anarchism, that a state may be justified in enforcing the law, even if illegitimate or unjustified in existing. (shrink)

Siguiendo las reflexiones de M.-D. Chenu en Une école de théologie: Le Saulchoir, este artículo se pregunta por la legitimidad del uso del leguaje filosófico en teología. Para ello distingue el campo epistemológico propio de cada disciplina y establece el modo en que razón y fe se relacionan. Aunque es un hecho que en la historia de occidente la teología se expresó en un lenguaje filosófico, en el marco de la cultura contemporánea globalizada, se constata la emergencia de otras racionalidades (...) en la articulación de los discursos sobre Dios. Following the reflections of M-D. Chenu in Une ecole de theologie: Le Saulchoir, this article poses the question of the legitimacy for the use of philosophical language in theology. For this he distinguishes the proper epistemological field of each discipline and establishes the way in which reason and faith are related. Although it is a fact that in the history of the West theology is expressed in a philosophical language, in the framework of globalized contemporary culture, one can confirm the emergence of other forms of reasoning in the articulation of discourse about God. (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)

Social Justice and the Legitimacy of Slavery shows that there were definitive condemnations of slavery and social injustice as iniquitous and even impious, in antiquity and late antiquity. Ilaria L. E. Ramelli highlights that these came especially from ascetics, both in Judaism and in Christianity, and occasionally also in Greco-Roman philosophy. Ramelli argues that this depends on a link not only between asceticism and renunciation, but also between asceticism and justice, at least in ancient and late antique philosophical (...) asceticism. This volume provides a careful investigation through all of Ancient, Ancient to Rabbinic Judaism, Hellenistic Jewish ascetic groups, all of the New Testament, and Greek, Latin, and Syriac Patristic. Particular attention is given to Gregory of Nyssa and the interrelation between theory and practice in all of ancient and patristic philosophers, as well as to the parallels that emerge in their arguments against slavery and against social injustice. (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)

Based on the etymological, historical and philosophical analysis, the author of the article examines the term «Nova Doba» and notes the positive and negative consequences of its use. Through the analysis of foreign language equivalents of this term, demarcation of the concepts of «chas» and «doba» and the word «novyy», the author reveals the incorrectness of the term «Novyy chas» (Modern age). The incorrectness of the concept is manifested in the discrepancy between the word «chas» and its foreign language (...) analogues «Temps», «Age» and «Times». Also, according to the author, «chas» has the meaning of an indefinite sequential duration, unlike the concept of «doba», which postulates a specifically defined period of time. The author concludes that the concepts of «Novyy chas» and «Nova Doba» are incorrect due to the relativity of the word «novyy» (new). Instead of the analysed commonly used terms, in the author's opinion, it is more appropriate to use the term «prosvitnytstvo» (enlightenment) to characterise the relevant historical and philosophical epoch. (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)

Most contemporary political philosophers take justice—rather than legitimacy—to be the fundamental virtue of political institutions vis-à-vis the challenges of ethical diversity. Justice-driven theorists are primarily concerned with finding mutually acceptable terms to arbitrate the claims of conflicting individuals and groups. Legitimacy-driven theorists, instead, focus on the conditions under which those exercising political authority on an ethically heterogeneous polity are entitled to do so. But what difference would it make to the management of ethical diversity in liberal democratic societies (...) if legitimacy were prior to or independent from justice? -/- This question identifies a widely underexplored issue whose theoretical salience shows how the understanding of what constitutes the primary question of political philosophy has a deep impact on how practical political questions are interpreted and addressed. What difference would it make, for example, whether the difficulties concerning the safeguard of human rights were couched in terms of the justice or of the legitimacy of the documents and treaties sanctioning their implementation. How should the issue of the quality of democracies be addressed whether one assigned priority to the justice or legitimacy of democratic institutions? Addressing these and other topical questions, the book offers a new theoretical angle from which to consider a number of pressing social and political issues. (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)

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)

In this paper I defend Max Weber's concept of political legitimacy as a standard for the moral evaluation of states. On this view, a state is legitimate when its subjects regard it as having a valid claim to exercise power and authority. Weber’s analysis of legitimacy is often assumed to be merely descriptive, but I argue that Weberian legitimacy has moral significance because it indicates that political stability has been secured on the basis of civic alignment. Stability (...) on this basis enables all the goods of peaceful cooperation with minimal state violence and intimidation, thereby guarding against alienation and tyranny. Furthermore, I argue, since Weberian legitimacy is empirically measurable in terms that avoid controversial value judgments, its adoption would bridge a longstanding divide between philosophers and social scientists. (shrink)

With the advent of automated decision-making, governments have increasingly begun to rely on artificially intelligent algorithms to inform policy decisions across a range of domains of government interest and influence. The practice has not gone unnoticed among philosophers, worried about “algocracy”, and its ethical and political impacts. One of the chief issues of ethical and political significance raised by algocratic governance, so the argument goes, is the lack of transparency of algorithms. One of the best-known examples of philosophical analyses (...) of algocracy is John Danaher’s “The threat of algocracy”, arguing that government by algorithm undermines political legitimacy. In this paper, I will treat Danaher’s argument as a springboard for raising additional questions about the connections between algocracy, comprehensibility, and legitimacy, especially in light of empirical results about what we can expect the voters and policymakers to know. The paper has the following structure: in Sect. 2, I introduce the basics of Danaher’s argument regarding algocracy. In Sect. 3 I argue that the algocratic threat to legitimacy has troubling implications for social justice. In Sect. 4, I argue that, nevertheless, there seem to be good reasons for governments to rely on algorithmic decision support systems. Lastly, I try to resolve the apparent tension between the findings of the two preceding Sections. (shrink)

I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy; it is not secondary to justice and only necessary because we cannot agree about justice. Instead, it is a necessary feature of actual human (...) social practices, which must be implemented via practitioners' discretion in changing contexts. (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)

May the state try to promote the flourishing of its citizens? Some political philosophers—perfectionists—hold that the state may do so, while other political philosophers—anti-perfectionists—hold that the state may not do so. Here I examine how perfectionists might respond to a style of argument that anti-perfectionists give—what I call the legitimacy objection. This argument holds that considerations about flourishing are not themselves the right kind of considerations to justify state authority, and so if the state takes action to promote the (...) flourishing of its citizens, it is meddling in issues that are beyond the legitimate scope of its authority. I argue that this objection only shows that considerations about flourishing cannot themselves legitimate state action, but that they may still guide the state and state officials when they are deciding among policy options that are legitimate for non-perfectionist reasons. (shrink)

There is a tension between the idea of popular sovereignty and our understanding that basic constitutional rights and liberties have a normative authority which is independent from the results of democratic decision‐making procedures. On the one hand there is the claim that the content of political justice, at least as far as the basic liberties are concerned, is to be fixed solely by substantive moral and political argument, while on the other there is the claim that it is the people (...) who determine the specific scheme of basic liberties that they live under. The apparent tension between the two claims can be resolved by introducing, firstly, a distinction between the concept of justice and the concept of legitimacy and, secondly, between proto‐rights and constitutional rights. Unlike constitutional rights, proto‐rights are moral, not legal, rights, and they are less specific than constitutional rights: one set of proto‐rights allows for various schemes of legal constitutional rights. Proto‐rights are part of the principles of justice and can be established only by substantive argument while constitutional rights have to be established by the procedures of democratic legitimization, and, therefore, they are a result of the exercise of popular sovereignty. The correlated distinctions between justice and legitimacy, and between proto‐rights and constitutional rights, allow us to specify the scope of the two claims and, hence, to affirm both simultaneously. The philosophical and legal relevance of the distinctions made is elucidated by a brief discussion of the constitutional rights of freedom of speech in the US and Germany. (shrink)

This essay examines the political-philosophical legitimacy of critical thinking as an aim of compulsory education. Although critical thinking is given an important role in Norwegian educational policy, the right to demand a critical attitude from all citizens has been extensively debated in political and pedagogical philosophy the last two decades. This debate stems in large part from the late work of John Rawls. In this essay, I start by stating the case for critical thinking as an educational aim, (...) focusing on democratic education. Next, I give an account of the challenge that Rawls’ later philosophy puts to education for critical thinking. Finally, I discuss some possible ways of responding to the Rawls. The upshot will be that some aspects of critical thinking can and must be defended as politically legitimate. However, any such defence must include a reply to the Rawlsian argument – if not, it will simply be naïve. In that sense, much Norwegian educational policy has been naïve. (shrink)

Several political philosophers have recently developed novel legitimacy-based theories of migration. These accounts argue that individual states’ legitimacy depends upon their role in a legitimate state system characterized by global cooperation on migration. This review critically assesses these arguments, as articulated by Christopher Bertram, Gillian Brock, and David Owen.

I argue that some instances of constitutional religious establishment can be consistent with an expressivist interpretation of democratic legitimacy. Whether official religious endorsements disparage or exclude religious minorities depends on a number of contextual considerations, including the philosophical content of the religion in question, the attitudes of the majority, and the underlying purpose of the official status of the religious doctrine.

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)

So far, most of the philosophical literature on occupations has tried to assess the legitimacy of military rule in the aftermath of armed conflicts by exclusively employing the theoretical resources of just war theory. In this paper, I argue that this approach is mistaken. Occupations occur during or in the aftermath of wars but they are fundamentally a specific type of rule over persons. Thus, theories of political legitimacy should be at least as relevant as just war (...) theory for the moral evaluation of occupations. This paper, therefore, draws on both traditions and argues that just war theory plays a limited role in identifying the purposes and appropriate agents of occupation authority, but that theories of legitimacy are necessary for explaining why and under which conditions foreign actors have the right to rule in the aftermath of armed conflicts. (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 philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as (...) the most promising basis for a claim right to obedience. William Edmundson argues that the principle of fair play cannot generate power rights, and so any attempt at a fair play account of legitimacy must fail. I explain how fair play could generate a power right, owing to its stipulation that the rules of a cooperative scheme specify the form of participants' repayment. (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)

We frequently praise or blame people for what they believe or fail to believe as a result of their having investigated some matter thoroughly, or, in the case of blame, for having failed to investigate it, or for carelessly or insufficiently investigating. for instance, physicists who, after years of toil, uncover some unknown fact about our universe are praised for what they come to know. sometimes, in contrast, we blame and may even despise our friends for being ignorant of certain (...) ecological facts as a result of their refusing to countenance the evidence. the purpose of this paper is to explore what underlies the legitimacy of this practice—the praise or blame of people for what they know or fail to know as a result of investigation or otherwise—namely, the ability to exercise control over one’s doxastic states, and, in particular, as i will argue, one’s ability to exercise indirect generic control over one’s doxastic states. (shrink)

Hegel does not directly examine the legitimacy of capital punishment in the Philosophy of Right. There is an implication of vengeful death in the endless retribution that characterizes abstract right, and also in the potential carnage that can result from non-compliance with the prevailing order in a society based upon morality; but in terms of just punishment, which can only occur in the state, Hegel is silent on the matter of the death penalty. It is mentioned occasionally in the (...) “additions” to the main text provided by the lecture notes of Hegel’s students, wherein Hegel reportedly speaks of the necessity of the death penalty for murder, and the undesirability of capital punishment for most lesser crimes. Although the conclusions of this paper do not contradict either of these representations of Hegel’s opinion about capital punishment, the arguments used will not rely on the additions since their authority is not beyond question. Rather, this paper will be concerned only with Hegel’s own pronouncements, which refer directly to the death penalty only twice—and each time in connection to historical treatments of the subject. Both Draco’s “barbarous” insistence that every criminal meet with death, and Beccaria’s arguments against the right of the state to employ the death penalty are criticized by Hegel, but the object of criticism in each case is the reasoning behind their respective positions. Nowhere in the main text of the Philosophy of Right does Hegel explicitly endorse or deny the legitimacy of capital punishment. (shrink)

Motivation is a key factor in getting involved in education, as well as in other things. After all, the existence of objective prerequisites for education is only a necessary basis for its success, but the use of these conditions properly depends to a large extent on the adequate motivation of participants in the educational process. Therefore, proper motivation is a sufficient basis for making efforts to achieve a better result. However, efforts also need to be directed correctly: there is not (...) enough to be passionate about, something must be done in a way that is acceptable to others and understandable to them. Therefore, motivation is inevitably more or less related to legitimacy, i.e. the provision of normative activities. For each case there is the best motivation for it and proper legitimacy. Motivation refers to the identification of basic values of a certain type of activity, legitimation requires a clear understanding and recognition of certain norms that are generally accepted in this activity. At different stages of adulthood, the motivation and legitimation of its activities alternately play a priority role, although both of them are more or less present at all stages of personality development. Therefore, both the excessive opposition of motivation and legitimacy and attempts to consider one as part of the other are wrong – these are relatively self-sufficient mechanisms to ensure the success of individual behavior. Motivation and legitimacy are closely linked to the individual's acceptance of certain obligations and responsibilities, which are the basis for the individual's acquisition of certain rights. Unsuccessful motivation and inappropriate legitimation of an individual's behavior is a sign of his unsuccessful socialization, which risks losing the connection of the individual with the main social institutions of society – especially with the state. In the case of their successful implementation, motivation and legitimacy are an important means of effective inclusion of the individual in the functioning of social systems, as well as – in the improvement and development of such functioning. (shrink)

In this text the problem of legitimacy of democracy is considered through particular aspects of its crisis. On theoretical and philosophical level, the crisis of legitimacy of democracy is reflected as the primacy which some of the liberal thinkers give to judicial review in relation to self-determination and democratic will. On practical level, crisis as citizens’ distrust in democratic institutions, as well as diminished participation in bringing of political decisions are being discussed. In the text the (...) class='Hi'>legitimacy of democracy is considered together with analysis of concepts of citizenship, participation in political processes and deliberative democracy. In this context of distrust in democratic processes the text considers the problem of Serbia on its way of integration into European institutions. (shrink)

Barnard argues that Western democracy, if it is to continue to exist as a legitimate political system, must maintain the integrity of its application of performative principles. Consequently, if both social and political democracy are legitimate goals, limitations designed to curb excessive political power may also be applicable in containing excessive economic power. Barnard stresses that whatever steps are taken to augment civic reciprocity, the observance and self-imposition of publicly recognized standards is vital. Democratic Legitimacy will appeal to political (...) scientists and philosophers, as well as specialists in democratic theory. (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)

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, legitimacy (...) can play a critical function in our practical thought, which sometimes requires intransparency. (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)

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)

Dans cet article, nous revenons sur le premier moment de l'appropriation de Nietzsche dans le parcours de Gilles Deleuze. Le livre Nietzsche et la philosophie (1962) s'inscrit de plein pied dans une phase inédite de légitimation institutionnelle du philosophe allemand comme en témoigne toute une série de stratégies de lecture et de prises de position stylistiques propres au travail de Deleuze visant à constituer pleinement Nietzsche en philosophe, mais aussi ces opérations de courts-circuits de différents champs de production culturelle (littéraire, (...) politique, « marginaux ») au sein desquels la lecture de Nietzsche était particulièrement vivante durant la première moitié du XXe siècle. Restituer cette légitimation philosophique de Nietzsche par le haut, c'est aussi se donner les moyens de comprendre la force et l'audace de ce « second moment » (au début des années 1970 notamment) où Nietzsche, à l'inverse, devient chez Deleuze le nom de ralliement d'un rapport hétérodoxe à la lecture des textes philosophiques. (shrink)

Fabian Wendt argues that political realism is not capable of explaining how the state’s moral right to rule over its subjects is generated. I believe that Wendt’s criticism is not sound because his position relies on the false implicit assumption that realism and moralism ask the same philosophical questions on state authority. I contend that it is fallacious to evaluate the realist account of legitimacy by the standards of moralism, and vice versa, as these two accounts arrive at (...) different conceptions of legitimacy by raising different sets of philosophical questions. The two sets of philosophical questions are not reducible to each other. The realist account of legitimacy does not aim to explain what the moralist account of legitimacy aims to explain. (shrink)

At the end of the first part of the Philosophy of Right, Hegel outlines a retributivist theory of criminal punishment. According to this view, crime is an infringement of right, a negation which itself must be negated in order to establish the actuality of right. Crime is superseded through punishment, which inflicts on the criminal an injury that is equal in magnitude or “value” to the injury inflicted by the crime itself. Nothing in this account appears to foreclose the possibility (...) that an appropriate penalty for some crimes may be death. Indeed, some passages in the Philosophy of Right strongly imply an acceptance of the legitimacy of capital punishment for certain crimes, such as murder. (shrink)

After an intensive 4-year process, the World Medical Association (WMA) has revised its International Code of Medical Ethics (ICoME). In their report outlining this process, Parsa-Parsi et al not only describe how the WMA sought to ‘cultivat[e] international agreement’ on a ‘global medical ethos’, but also outline the philosophical framework of the ICoME: how the WMA, as the ‘global representation of the medical profession’, created and revised the ICoME through the process of international professional self-regulation.1 However, there is a (...) significant tension to be found in this framework—one which contrasts the international scope of the ICoME with the supposed source of its legitimacy. Here, we seek to characterise this tension and the doubt which it casts on the legitimacy of the ICoME. (shrink)

In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy without political (...) obligation’ are subject to serious objections. In this article, I propose a new conception of ‘legitimacy without political obligation,’ and defend it against various objections that the revisionist idea of legitimacy is either conceptually or morally mistaken. This new conception of legitimacy promises to advance the debates between anarchists and statists by making the task of philosophical anarchists significantly more difficult. (shrink)

Hegel does not directly examine the legitimacy of capital punishment in the Philosophy of Right. There is an implication of vengeful death in the endless retribution that characterizes abstract right, and also in the potential carnage that can result from non-compliance with the prevailing order in a society based upon morality; but in terms of just punishment, which can only occur in the state, Hegel is silent on the matter of the death penalty. It is mentioned occasionally in the (...) “additions” to the main text provided by the lecture notes of Hegel’s students, wherein Hegel reportedly speaks of the necessity of the death penalty for murder, and the undesirability of capital punishment for most lesser crimes. Although the conclusions of this paper do not contradict either of these representations of Hegel’s opinion about capital punishment, the arguments used will not rely on the additions since their authority is not beyond question. Rather, this paper will be concerned only with Hegel’s own pronouncements, which refer directly to the death penalty only twice—and each time in connection to historical treatments of the subject. Both Draco’s “barbarous” insistence that every criminal meet with death, and Beccaria’s arguments against the right of the state to employ the death penalty are criticized by Hegel, but the object of criticism in each case is the reasoning behind their respective positions. Nowhere in the main text of the Philosophy of Right does Hegel explicitly endorse or deny the legitimacy of capital punishment. (shrink)

Philosophical anarchists have made their living criticizing theories of state legitimacy and the duty to obey the law. The most prominent theories of state legitimacy have been called into doubt by the anarchists' insistence that citizens' lack of consent to the state renders the whole justificatory enterprise futile. Autonomy requires consent, they argue, and justification must respect autonomy. In this essay, I want to call into question the weight of consent in protecting our capacity for autonomy. I (...) argue that if we care about all of the preconditions for autonomy, then we have good reasons to leave the state of nature. This leaves the philosophical anarchist with a dilemma. If she truly cares about autonomy, then she must welcome the state. But if she wants to deny the legitimacy of the state because of the value of consent, then she needs to downplay the moral significance of autonomy in people's lives. If autonomy matters, the state does too. If it doesn't, then consent doesn't. The philosophical anarchist can't have it both ways. (shrink)

Do states or individuals stand under duties of international justice to people who live elsewhere and to other states? How are we to assess the legitimacy of international institutions such as the International Monetary Fund and the United Nations Security Council? Should we support reforms of international institutions and how should we go about assessing alternative proposals of such reforms? The book brings together leading scholars of public international law, jurisprudence and international relations, political philosophers and political theorists to (...) explore the central notions of international legitimacy and global justice. The essays examine how these notions are related and how understanding the relationships will help us comparatively assess the validity of proposals for the reform of international institutions and public international law. (shrink)

ABSTRACTAccording to the standard or traditional account, those who hold political authority legitimately have a right to rule that entails an obligation of obedience on the part of those who are subject to their authority. In recent decades, however, and in part in response to philosophical anarchism, a number of philosophers have challenged the standard account by reconceiving authority in ways that break or weaken the connection between political authority and obligation. This paper argues against these revisionist accounts in (...) two ways: first, by pointing to defects in their conceptions of authority; and second, by sketching a fair-play approach to authority and political obligation that vindicates the standard account. (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)

For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political (...) agreement involves incivility is sketched.The proceduralist view which commends substantive disagreement within agreement on procedures is briefly outlined, as is the possible role for civic virtue on this view. (shrink)

This book investigates one of the oldest questions of legal philosophy---the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller. Their theories addressed the problems of legal and political order in a crisis-ridden modern society and so they remain highly relevant to contemporary debates about legal order in the age of pluralism. Schmitt, the philosopher of German fascism, has recently received much attention. (...) Kelsen is well-known as one of the main exponents of the philosophy of legal positivism. Heller is virtually unknown outside Germany. Dyzenhaus exposes the dangers of Schmitt's legal philosophy by situating it in the legal context of constitutional crisis to which he responded. He also points out the severs inadequacies of Kelsen's legal positivism. In a wide-ranging account of the predicaments of contemporary legal and political philosophy, Heller's position is argued to be the most promising of the three. (shrink)

A critical element in building stronger health systems involves strengthening good governance to build capacity for transparent and fair health planning and priority setting. Over the past 20 years, the ethical framework Accountability for Reasonableness has been a prominent conceptual guide in strengthening fair and legitimate processes of health decision-making. While many of the principles embedded within the framework are congruent with Western conceptualizations of what constitutes procedural fairness, there is a paucity in the literature that captures the degree of (...) resonance between these principles and the views of decision makers from non-Western settings; particularly in Africa, where many countries have only recently, within the last 20-30 years, become more democratic. This paper contributes to the ethics literature by examining how Ethiopian decision makers conceptualize fair and legitimate health decision-making, and reflects on the degree of conceptual resonance between these views and the principles embedded in A4R. A qualitative case study approach from three districts in Ethiopia was undertaken. Fifty-eight decision makers from district, regional, zonal, and national levels were interviewed to describe their conceptualization of fairness and legitimacy in the district health planning process. Findings revealed that Ethiopians have a broad conception of fairness and legitimacy that while congruent with procedural justice, also aligned with principles of distributive and organizational justice. Researchers and practitioners seeking to strengthen procedural fairness in health priority setting must therefore recognize the significance of other philosophical dimensions influencing how fairness and legitimacy of health decision-making are constructed within the Ethiopian setting. (shrink)