David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This thesis is a critique of the prominent strand of contemporary liberal political theory which maintains that liberal political authority must, in some sense, rest on the free consent of those subjected to it, and that such a consensus is achieved if a polity’s basic structure can be publicly justified to its citizenry, or to a relevant subset of it. Call that the liberal legitimacy view. I argue that the liberal legitimacy view cannot provide viable normative foundations for political authority, for the hypothetical consensus it envisages cannot be achieved and sustained without either arbitrarily excluding conspicuous sectors of the citizenry or commanding a consent that is less than free. That is because the liberal legitimacy view’s structure is one that requires a form of consent that carries free-standing normative force (i.e. normative force generated by voluntariness), yet the particular form of hypothetical consent through public justification envisaged by the view does not possess such force, because of its built-in bias in favour of liberalism. I also argue that the liberal legitimacy view is the most recent instantiation of one of two main strands of liberal theory, namely the nowadays dominant contract-based liberalism, which seeks to ground liberal political authority in a hypothetical agreement between the citizens. My case against the liberal legitimacy view, then, contributes to the revitalisation of the other main approach to the normative foundations of liberalism, namely the substantivist one, which legitimates liberal political authority through an appeal to the substantive values and virtues safeguarded and promoted by liberal polities
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Jon Garthoff (2010). Legitimacy is Not Authority. Law and Philosophy 29 (6):669-694.
Simon Căbulea May (2009). Religious Democracy and the Liberal Principle of Legitimacy. Philosophy and Public Affairs 37 (2):136-170.
Matthew J. Webb (2006). Is There a Liberal Right to Secede From a Liberal State? TRAMES 10 (4):371-386.
Stefan Grotefeld (2000). Self-Restraint and the Principle of Consent: Some Considerations of the Liberal Conception of Political Legitmacy. [REVIEW] Ethical Theory and Moral Practice 3 (1):77-92.
Mitchell Avila (2007). Defending a Law of Peoples: Political Liberalism and Decent Peoples. [REVIEW] Journal of Ethics 11 (1):87 - 124.
Craig L. Carr (2010). Liberalism and Pluralism: The Politics of E Pluribus Unum. Palgrave Macmillan.
Enzo Rossi (2010). Modus Vivendi, Consensus, and (Realist) Liberal Legitimacy. Public Reason 2 (2):21-39.
Added to index2010-07-22
Total downloads48 ( #49,068 of 1,696,615 )
Recent downloads (6 months)4 ( #144,179 of 1,696,615 )
How can I increase my downloads?