Contents
33 found
Order:
  1. Legitimate Authority, Institutional Specialisation and Distributive International Law.Oisin Suttle - manuscript
    How should international law’s role in determining international distributive outcomes, economic and otherwise, affect how we think about its legitimate authority? Domestic institutions’ legitimate authority in respect of distribution derives in large part from their concurrent roles in enabling security and coordination. Internationally, by contrast, functional disaggregation means that distribution must be legitimised in its own right. I begin by distinguishing the phenomenon of Distributive International Law, on which my argument focuses. I next introduce a number of wide instrumental accounts (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  2. An Instrumentalist Theory of Political Legitimacy.Matthias Brinkmann - forthcoming - Oxford: Oxford University Press.
    We are all subjected to the power of the state and other entities such as the EU. But what justifies the far-reaching power of these institutions? Standard theories suggest that consent, democracy, or justification make exercising power legitimate. This book, however, argues that these approaches do not survive philosophical scrutiny. Instead, it develops a radical theory of political legitimacy according to which power is justified because of the outcomes it brings about. It does not primarily matter, then, how power is (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  3. A Social History of Christofascism.Steven Foertsch & Christopher M. Pieper - 2023 - In Dennis Hiebert (ed.), The Routledge International Handbook of Sociology and Christianity. Oxfordshire: Routledge. pp. 93-100.
    Recent literature on Christian nationalism by sociologists of religion in the United States identifies a perceived novel phenomenon: the fusion of authoritarian governmental forms with Christianity. However, the socio-historical origin of this international trend has been left relatively unexplored. Therefore, the goal of this chapter is to create a single international account that lends itself to future comparative theoretical frameworks and analyses through the term "Christofascism." -/- The chapter can also be accessed on google books at the link included in (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  4. Legitimate Power without Authority: The Transmission Model.Matthias Brinkmann - 2020 - Law and Philosophy 39 (2):119-146.
    Some authors have argued that legitimacy without authority is possible, though their work has not found much uptake in mainstream political philosophy. I provide an improved model how legitimate political institutions without authority are possible, the Transmission Model, which I couple with a thin substantive position, the Moral Value View. I defend the model against three common objections.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  5. Indirect Instrumentalism about Political Legitimacy.Matthias Brinkmann - 2019 - Moral Philosophy and Politics 6 (1):175-202.
    Political instrumentalism claims that the right to rule should be distributed such that justice is promoted best. Building on a distinction made by consequentialists in moral philosophy, I argue that instrumentalists should distinguish two levels of normative thinking about legitimacy, the critical and applied level. An indirect instrumentalism which acknowledges this distinction has significant advantages over simpler forms of instrumentalism that do not.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  6. Instrumental Authority and Its Challenges: The Case of the Laws of War.Jonathan Parry & Daniel Viehoff - 2019 - Ethics 129 (4):548-575.
    Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s argument (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  7. The Relational Conception of Practical Authority.N. P. Adams - 2018 - Law and Philosophy 37 (5):549-575.
    I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  8. On Political Instrumentalism and the Justification of Democracy: Reply to Viehoff.Joel K. Q. Chow - 2018 - Proceedings of the Aristotelian Society 118 (3):387-397.
  9. The Power of Public Positions: Official Roles in Kantian Legitimacy.Thomas Sinclair - 2018 - In David Sobel, Steven Wall & Peter Vallentyne (eds.), Oxford Studies in Political Philosophy, volume 4. Oxford: Oxford University Press.
    The Kantian account of political authority holds that the state is a necessary and sufficient condition of our freedom. We cannot be free outside the state, Kantians argue, because any attempt to have the ‘acquired rights’ necessary for our freedom implicates us in objectionable relations of dependence on private judgment. Only in the state can this problem be overcome. But it is not clear how mere institutions could make the necessary difference, and contemporary Kantians have not offered compelling explanations. I (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark   6 citations  
  10. Occam’s Razor and Non-Voluntarist Accounts of Political Authority.Luke Maring - 2017 - Dialogue 56 (1):159-173.
    Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  11. XIV—The Truth in Political Instrumentalism.Daniel Viehoff - 2017 - Proceedings of the Aristotelian Society 117 (3):273-295.
    How can one person’s having political power over another be justified? This essay explores the idea that such justifications must be in an important sense derivative, and that this ‘Derivative Justification Constraint’ bars certain justifications widely endorsed in political and philosophical debates. After critically discussing the most prominent extant articulations of the Constraint (associated with a view often called ‘political instrumentalism’), the essay offers a novel account of what precisely the Constraint bars (in short: justification by appeal to non-derivative goods (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  12. Authority and Expertise.Daniel Viehoff - 2016 - Journal of Political Philosophy 24 (4):406-426.
    Call “epistocracy” a political regime in which the experts, those who know best, rule; and call “the epistocratic claim” the assertion that the experts’ superior knowledge or reliability is “a warrant for their having political authority over others.” Most of us oppose epistocracy and think the epistocratic claim is false. But why is it mistaken? Contemporary discussions of this question focus on two answers. According to the first, expertise could, in principle, be a warrant for authority. What bars the successful (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   9 citations  
  13. Political Authority and the Minimal State.Fabian Wendt - 2016 - Social Theory and Practice 42 (1):97-122.
    Robert Nozick and Eric Mack have tried to show that a minimal state could be just. A minimal state, they claim, could help to protect people’s moral rights without violating moral rights itself. In this article, I will discuss two challenges for defenders of a minimal state. The first challenge is to show that the just minimal state does not violate moral rights when taxing people and when maintaining a monopoly on the use of force. I argue that this challenge (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  14. Political Legitimacy Without a (Claim-) Right to Rule.Merten Reglitz - 2015 - Res Publica 21 (3): 291-307.
    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 (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  15. Politische Legitimität und zerfallene Staatlichkeit.Cord Schmelzle - 2015 - Frankfurt, Germany: Campus.
    Was geht verloren, wenn Staaten zerfallen? Das Auseinanderbrechen von staatlichen Institutionen ist heute eines der drängendsten Probleme der internationalen Politik. Mit Cord Schmelzles Studie liegt nun die erste Monografie vor, die dieses Phänomen aus Perspektive der politischen Theorie und Philosophie untersucht. Ausgehend von einer Analyse der Begriffe Legitimität und Staatlichkeit entwickelt der Autor eine neuartige Theorie der Rechtfertigung von Herrschaftsverhältnissen und des Wertes staatlicher Ordnungssysteme und fragt, wie die internationale Gemeinschaft auf Fälle von Staatszerfall reagieren sollte.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  16. Maquiavel e Weber: a lógica do poder e a ética da ação – O “príncipe-centauro” e o “homem autêntico”.Luiz Carlos Mariano da Rosa - 2013 - Opsis – Revista da Unidade Acadêmica Especial História E Ciências Sociais 13 (1):180-199.
    Sobrepondo-se ao ideal que se impõe à teoria política que circunscreve a sua atividade à busca do bem comum e se detém, por essa razão, na investigação dos princípios capazes de viabilizar a instauração do bom governo, a perspectiva de Maquiavel, através do fundamento da experiência e das exemplificações da historialidade, converge para a descoberta de leis que possibilitem a fundação de um Estado, a obtenção do poder e a sua conservação, a instituição da ciência empírica da política, que, caracterizada (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  17. Political Legitimacy, the Egalitarian Challenge, and Democracy.Dean J. Machin - 2012 - Journal of Applied Philosophy 29 (2):101-117.
    This article argues against the claim that democracy is a necessary condition of political legitimacy. Instead, I propose a weaker set of conditions. First, I explain the case for the necessity of democracy. This is that only democracy can address the ‘egalitarian challenge’, i.e. ‘if we are all equal, why should only some of us wield political power?’. I show that if democracy really is a necessary condition of political legitimacy, then (what I label) the problems of domestic justice and (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  18. Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
    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 (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   57 citations  
  19. New Perspectives on the Study of the Authority Relationship: Integrating Individual and Societal Level Research.Davide Morselli & Stefano Passini - 2011 - Journal for the Theory of Social Behaviour 41 (3):291-307.
    The concept of authority crosses many social sciences, but there is a lack of common taxonomy and definitions on this topic. The aims of this review are: to define the basic characteristics of the authority relationship, reaching a definition suitable for the different domains of social psychology and social sciences; to bridge the gap between individual and societal levels of explanation concerning the authority relationship, by proposing an interpretation within the framework of social representations. The authority relationship can be conceived (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  20. Political Authority, Moral Powers and the Intrinsic Value of Obedience.William A. Edmundson - 2010 - Oxford Journal of Legal Studies 30 (1):179-191.
    Three concepts—authority, obedience and obligation—are central to understanding law and political institutions. The three are also involved in the legitimation of the state: an apology for the state has to make a normative case for the state’s authority, for its right to command obedience, and for the citizen’s obligation to obey the state’s commands. Recent discussions manifest a cumulative scepticism about the apologist’s task. Getting clear about the three concepts is, of..
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   13 citations  
  21. Political legitimacy.Fabienne Peter - 2010 - Stanford Encyclopedia of Philosophy.
    Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   33 citations  
  22. Reinventing the Nightwatchman State?Malcolm Thorburn - 2010 - University of Toronto Law Journal 60:425-443.
    This article raises a principled objection to the privatization of certain core police services. Whereas most of the literature critical of privatizing security services has focused on the negative consequences of doing so (corruption, waste, etc.), the argument here focuses squarely on the standing of private parties to perform police services. According to an important strain of liberal political theory, certain tasks are assigned to the state not because it is deemed to be more efficient at delivering those services but (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   4 citations  
  23. Debate: Procedure and Outcome in the Justification of Authority.Daniel Viehoff - 2010 - Journal of Political Philosophy 19 (2):248-259.
    Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   10 citations  
  24. The Supposed Right to a Democratic Say.Richard J. Arneson - 2009 - In Thomas Christiano & John Christman (eds.), Contemporary Debates in Political Philosophy. Oxford, UK: Wiley‐Blackwell. pp. 195–212.
    This chapter contains sections titled: The Ideal of Democracy In Favor of Instrumentalism The Instrumentalist Case against Democracy Democracy and Mutual Respect Rights, Disagreement, and Democracy Political Liberalism The Ideal of Democratic Equality Conclusion Notes.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   20 citations  
  25. Some recent democratic theory.William Earle - 2008 - Philosophical Forum 39 (3):373-403.
  26. Defending the purely instrumental account of democratic legitimacy.Richard J. Arneson - 2003 - Journal of Political Philosophy 11 (1):122–132.
  27. The public goods rationale for government and the circularity problem.Tyler Cowen & Gregory Kavka - 2003 - Politics, Philosophy and Economics 2 (2):265-277.
    George Mason University, USA It has been suggested that the production of public goods through a government involves a circularity problem. Since government itself is a public good, how can we use government to produce other public goods? Several solutions to this supposed circularity are offered. Government is a unique kind of public good with some potentially self-generating and self-supporting features. The public goods theory of government remains intact, and this enterprise helps shed some light on the special features of (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  28. Legitimacy, democracy, and Razian authority.Scott Hershovitz - 2003 - Legal Theory 9 (3):201-220.
  29. Political legitimacy and democracy.Allen Buchanan - 2002 - Ethics 112 (4):689-719.
  30. Would pluralist angels (really) need government?Eric M. Cave - 1996 - Philosophical Studies 81 (2-3):227 - 246.
  31. Democratic Autonomy, Political Ethics, and Moral Luck.Peter Breiner - 1989 - Political Theory 17 (4):550-574.
  32. Debate: Defending the purely instrumental account of democratic.Richard Arneson - manuscript
    Governments compel their subjects to obey laws and duly empowered commands of public officials. Under what circumstances is this coercion by governments morally legitimate? In the contemporary world, many say a legitimate government must be democratic, and, with qualifications, I agree. (Let us say that in a democracy all nontransient adult residents are eligible to be citizens and each citizen if free to vote and run for office in free elections that determine who shall be lawmakers and top public officials.) (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark   2 citations  
  33. Some themes in David Schmidtz, the limits of government: An essay on the public goods argument (westview press: 1991).William Boardman - unknown
    The Scylla and Charybdis of institutions of cooperative enterprises are the potential for free riders, on the one hand, and the fact that some people may not value certain public goods. If we go to the one side, we encourage people who do value the public goods but whom cannot be excluded from enjoying them, to refuse to pay their share of the costs of providing them; if we go to the other side and force everyone to pay for them, (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark