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Siblings:History/traditions: Political Legitimacy
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  1. Arash Abizadeh (2012). On the Demos and its Kin: Nationalism, Democracy, and the Boundary Problem. American Political Science Review 106 (4):867-882.
    Cultural-nationalist and democratic theory both seek to legitimize political power via collective self-rule: their principle of legitimacy refers right back to the very persons over whom political power is exercised. But such self-referential theories are incapable of jointly solving the distinct problems of legitimacy and boundaries, which they necessarily combine, once it is assumed that the self-ruling collectivity must be a pre-political, in-principle bounded, ground of legitimacy. Cultural nationalism claims that political power is legitimate insofar as it expresses the nation’s (...)
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  2. Arash Abizadeh (2010). Democratic Legitimacy and State Coercion: A Reply to David Miller. Political Theory 38 (1):121-130.
  3. A. Altman (2001). The Democratic Legitimacy of Bias Crime Laws: Public Reason and the Political Process. [REVIEW] Law and Philosophy 20 (2):141-173.
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  4. Arthur Isak Applbaum (1992). Democratic Legitimacy and Official Discretion. Philosophy and Public Affairs 21 (3):240-274.
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  5. Marcus Arvan (2009). In Defense of Discretionary Association Theories of Political Legitimacy: Reply to Buchanan. Journal of Ethics and Social Philosophy.
    Allen Buchanan has argued that a widely defended view of the nature of the state – the view that the state is a discretionary association for the mutual advantage of its members – must be rejected because it cannot adequately account for moral requirements of humanitarian intervention. This paper argues that Buchanan’s objection is unsuccessful,and moreover, that discretionary association theories can preserve an important distinction that Buchanan’s alternative approach to political legitimacy cannot: the distinction between “internal” legitimacy (a state’s ability (...)
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  6. W. J. Ashley (1896). Book Review:Anarchy or Government? An Inquiry in Fundamental Politics. William Mackintire Salter. [REVIEW] Ethics 6 (3):395-.
  7. F. M. Barnard (1988). Self-Direction and Political Legitimacy: Rousseau and Herder. Oxford University.
    Johann Gottfried Herder (1744-1803) has been called the German Rousseau. Yet while Rousseau is recognized as a political thinker, Herder is not. This book explores each thinker's ideas--on nature and culture, selfhood and mutuality, paternalism, freedom, and autonomy--and compares their conceptions of legitimate statehood. Arguing that the crux of political legitimacy for both men was the possibility of "extended selfhood," Barnard shows that Herder, like Rousseau, profoundly altered human self-understandings, thus influencing modes of justifying political allegiance.
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  8. W. L. Bennett (1978). Books in Review : Legitimacy and the Politics of the Knowable by Roger Holmes. London: Routledge and Kegan Paul, 1976. Pp. VIII, 191. $11.50 (U. K. 4.50). [REVIEW] Political Theory 6 (1):131-134.
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  9. Christopher Bertram (1997). Political Justification, Theoretical Complexity, and Democratic Community. Ethics 107 (4):563-583.
  10. Thomas M. Besch (2013). On Political Legitimacy, Reasonableness, and Perfectionism. Public Reason 5 (1):58-74.
    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, (...)
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  11. William Boardman, Some Themes in David Schmidtz, the Limits of Government: An Essay on the Public Goods Argument (Westview Press: 1991).
    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, (...)
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  12. Jason Brennan (forthcoming). Why Liberal States Must Accommodate Tax Resistors. Public Affairs Quarterly.
    Liberal states ought to accommodate conscientious tax resistance for the same reasons they should accommodate conscientious objection to fighting in war. Conscientious objection to fighting is nothing special.
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  13. Jason Brennan (2011). The Right to a Competent Electorate. Philosophical Quarterly 61 (245):700-724.
    The practice of unrestricted universal suffrage is unjust. Citizens have a right that any political power held over them should be exercised by competent people in a competent way. Universal suffrage violates this right. To satisfy this right, universal suffrage in most cases must be replaced by a moderate epistocracy, in which suffrage is restricted to citizens of sufficient political competence. Epistocracy itself seems to fall foul of the qualified acceptability requirement, that political power must be distributed in ways against (...)
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  14. Thom Brooks (2013/2009). Hegel's Political Philosophy: A Systematic Reading of the Philosophy of Right. Edinburgh University Press.
    A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of Philosophy of Right •Outlines the unique structure (...)
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  15. Allen Buchanan (2002). Political Legitimacy and Democracy. Ethics 112 (4):689-719.
  16. Richard M. Buck (2008). Religion, Identity, and Political Legitimacy: Toward Democratic Inclusion. Journal of Social Philosophy 39 (3):340-358.
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  17. H. G. Callaway (2008). Review of Schlesinger, War and the American Presidency. [REVIEW] Reason Papers 2008 (No. 30):121-128.
    This is a expository and critical review of Arthur Schlesinger, Jr. 's last book, War and the American Presidency. The book collects and focuses recent writings of Arthur Schlesinger on the themes of its title. In its short Foreword and seven concise essays, the book aims to explore, in some contrast with the genre of “instant history,” the relationship between President George W. Bush’s Iraq adventure and the national past. This aim and the present work are deserving of wide attention, (...)
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  18. Eric M. Cave (1996). Would Pluralist Angels (Really) Need Government? Philosophical Studies 81 (2-3):227 - 246.
  19. Emanuela Ceva & Maria Paola Ferretti (2014). Liberal Democratic Institutions and the Damages of Political Corruption. Les Ateliers de l'Éthique / the Ethics Forum 9 (1):126-145.
    This article contributes to the debate concerning the identification of politically relevant cases of corruption in a democracy by sketching the basic traits of an original liberal theory of institutional corruption. We define this form of corruption as a deviation with respect to the role entrusted to people occupying certain institutional positions, which are crucial for the implementation of public rules, for private gain. In order to illustrate the damages that corrupt behaviour makes to liberal democratic institutions, we discuss the (...)
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  20. Emanuela Ceva & Enzo Rossi (eds.) (2012). Justice, Legitimacy, and Diversity: Political Authority Between Realism and Moralism. Routledge.
    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 (...)
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  21. Yuk-kit Chan (2009). Staging Democracy: Rethinking Political Legitimacy and The. Political Theory 37 (3):323-350.
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  22. Thomas Christiano (2006). Debate: Democracy's Authority: Reply to Wall. Journal of Political Philosophy 14 (1):101–110.
  23. M. Coakley (2011). On the Value of Political Legitimacy. Politics, Philosophy and Economics 10 (4):345-369.
    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 (...)
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  24. Howard Cohen (1978). On the Exchange Between Schrag and Cohen, "the Child's Status in the Democratic State". Political Theory 6 (2):249-251.
  25. Wout Cornelissen (forthcoming). Hannah Arendt on Political Legitimacy Without Philosophical Justification. Political Theory.
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  26. Fred D'Agostino (2003). Review: Democratic Legitimacy: Plural Values and Political Power. [REVIEW] Mind 112 (447):499-502.
  27. Gerald Doppelt (2001). Does the Extension of Democratic Decision-Making Imply Social Justice? Inquiry 44 (3):359 – 383.
  28. Robin Douglass (forthcoming). Control, Consent and Political Legitimacy. Critical Review of International Social and Political Philosophy:1-20.
  29. Craig Duncan, Democratic Liberalism:The Politics of Dignity.
    (a chapter from my book Libertarianism:For and Against).
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  30. John Dunn (1969). The Political Thought of John Locke: An Historical Account of the Argument of the 'Two Treatises of Government'. London, Cambridge U.P..
    This study provides a comprehensive reinterpretation of the meaning of Locke's political thought. John Dunn restores Locke's ideas to their exact context, and so stresses the historical question of what Locke in the Two Treatises of Government was intending to claim. By adopting this approach, he reveals the predominantly theological character of all Locke's thinking about politics and provides a convincing analysis of the development of Locke's thought. In a polemical concluding section, John Dunn argues that liberal and Marxist interpretations (...)
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  31. Terence Rajivan Edward, The Asymmetry Objection to Political Liberalism: Evaluation of a Defence.
    This paper evaluates Jonathan Quong’s attempt to defend a version of political liberalism from the asymmetry objection. I object that Quong’s defence relies on a premise that has not been adequately supported and does not look as if it can be given adequate support.
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  32. Stephen L. Esquith (1999). Toward a Democratic Rule of Law: East and West. Political Theory 27 (3):334-356.
    Article 2: The Republic of Poland shall be a democratic state ruled by law and implementing the principles of social justice....Article 7: The organs of public authority shall function on the basis of, and within the limits of, the law. Constitution of the Republic of Poland, April 2, 1997Chapter 1, Article 1: The Slovak Republic is a democratic and sovereign state ruled by the law. It is bound neither to an ideology, or to a religion. Constitution of Slovakia, September 1, (...)
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  33. Luara Ferracioli (forthcoming). The Anarchist’s Myth: Autonomy, Children and State Legitimacy. Hypatia.
    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 anarchist’s 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 (...)
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  34. Danny Frederick, The Consequentialist Explanation of Political Authority: A Critique of Huemer’s Critique.
    How could a state have the moral authority to promulgate and enforce laws that citizens are obliged to obey? That is the problem of political authority. The Consequentialist Explanation of Political Authority contends that great social benefits depend upon there being a state with political authority. In his book, The Problem of Political Authority, Michael Huemer considers different types of explanation of political authority and he rejects them all. I show that the objections he raises to consequentialist accounts are confused (...)
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  35. Danny Frederick (2013). Social Contract Theory Should Be Abandoned. Rationality, Markets and Morals 4:178-89.
    I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach to sketch answers to the theoretical, (...)
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  36. Tatjana Gajic (2008). Francoist Legality: On the Crisis of Authority and the Limits of Liberalism in Jesús Fueyo and José Ortega y Gasset. The European Legacy 13 (2):161-174.
    This paper focuses on a crucial and insufficiently examined issue of the conflict between legality and legitimacy, seen as a key element in securing continuity and providing the intellectual justification of the Francoist regime. Without analyzing the tension between legality and legitimacy, it is impossible to comprehend and successfully dismantle the thesis of the regime's intellectuals, recently revitalized by revisionist historians, according to which Francoism succeeded in re-establishing historical continuity and political normalcy in Spanish society. In the context of the (...)
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  37. H. K. Gerken (2009). Making Representative Democracy Work: Andrew Rehfeld (2005). The Concept of Constituency: Political Representation, Democratic Legitimacy, and Institutional Design New York: Cambridge University Press. 259 Pp. $88 (Cloth). Kevin O'Leary (2006). Saving Democracy: A Plan for Real Representation in America Stanford, CA: Stanford University Press. 290 Pp. $22.95 (Paper). [REVIEW] Political Theory 37 (6):838-844.
  38. S. Giannini, A. Leardini & J. J. Orsquo (forthcoming). Religious Democracy and the Liberal Principle of Legitimacy. Philosophy and Public Affairs.
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  39. Paul Gowder (2014). Institutional Corruption and the Rule of Law. Les Ateliers de l'Éthique / the Ethics Forum 9 (1):84-102.
    The literature contains two concepts of corruption which are often confused with one another: corruption as twisted character (pollution), and corruption as disloyalty. It also contains two sites for corruption: the corruption of individuals, and the corruption of entire institutions such as a state or a legislature.This paper first draws a clear distinction between the pollution and disloyalty concepts of corruption in the individual context, and then defends a conception of disloyalty corruption according to which the distinguishing feature is an (...)
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  40. Leslie Green (1990). The Authority of the State. Clarendon Press.
    The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. -/- Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there (...)
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  41. Alexander A. Guerrero (2012). Lawyers, Context, and Legitimacy: A New Theory of Legal Ethics. Georgetown Journal of Legal Ethics 25 (1):107-164.
    Even good lawyers get a bad rap. One explanation for this is that the professional rules governing lawyers permit and even require behavior that strikes many as immoral. The standard accounts of legal ethics that seek to defend these professional rules do little to dispel this air of immorality. The revisionary accounts of legal ethics that criticize the professional rules inject a hearty dose of morality, but at the cost of leaving lawyers unrecognizable as lawyers. This article suggests that the (...)
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  42. Amy Gutmann & Dennis Thompson (2000). Why Deliberative Democracy is Different. Social Philosophy and Policy 17 (01):161-.
    In modern pluralist societies, political disagreement often reflects moral disagreement, as citizens with conflicting perspectives on fundamental values debate the laws that govern their public life. Any satisfactory theory of democracy must provide a way of dealing with this moral disagreement. A fundamental problem confronting all democratic theorists is to find a morally justifiable way of making binding collective decisions in the face of continuing moral conflict.
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  43. Lena Halldenius (1998). Non-Domination and Egalitarian Welfare Politics. Ethical Theory and Moral Practice 1 (3):335-353.
    In this article I will do three things: I will argue that solidarity is not necessary for political legitimacy, that non-domination is a strong candidate for legitimacy criterion, and, finally, that non-domination can legitimate the egalitarian welfare state.
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  44. Mark Haugaard (2010). Power and Social Criticism: Reflections on Power, Domination and Legitimacy. Critical Horizons 11 (1):51-74.
    Both modernist and post-modern social criticism of power presuppose that agents frequently consent to power relations, which a political theorist may wish to critique. This raises the question: from what normative position can one critique power which is, as a sociological fact, legitimate in the eyes of those who reproduce it? This paper argues that "symbolic violence" is a useful metaphor for providing such a normative grounding. In order to provide an epistemological basis of critique, it is further argued that (...)
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  45. E. Hauptmann (1999). Deliberation = Legitimacy = Democracy. Political Theory 27 (6):857-872.
  46. John Horton (2012). Political Legitimacy, Justice and Consent. Critical Review of International Social and Political Philosophy 15 (2):129-148.
    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 (...)
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  47. Joshua W. Houston (forthcoming). Contestation and Deliberation Within: Dryzek, Goodin, and the Possibility of Legitimacy. Social Philosophy Today.
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  48. Graham Hubbs (2014). Transparency, Corruption, and Democratic Institutions. Les Ateliers de l'Éthique / the Ethics Forum 9 (1):65-83.
    This essay examines some of the institutional arrangements that underlie corruption in democracy. It begins with a discussion of institutions as such, elaborating and extending some of John Searle’s remarks on the topic. It then turns to an examination of specifically democratic institutions; it draws here on Joshua Cohen’s recent Rousseau: A Free Community of Equals. One of the central concerns of Cohen’s Rousseau is how to arrange civic institutions so that they are able to perform their public functions without (...)
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  49. Michael Huemer (2009). The State. In John Shand (ed.), Central Issues of Philosophy. Wiley-Blackwell. 257--274.
  50. Ramin Jahanbegloo (2010). The Two Sovereignties and the Legitimacy Crisis in Iran. Constellations 17 (1):22-30.
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