Political Legitimacy

In this paper, I identify an argument derived from the commitments of John Rawls’s liberalism for restricting the consumption of recreational drugs in a liberal society, but not because of a great passion for restriction at present. The argument can also be used to respond to Jonathan Quong’s example of an unresolvable disagreement between liberal citizens.

Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on the aggressive side (...) to use military violence against soldiers defending the victim state. Non-state actors, in contrast, have to fulfill more stringent requirements. If they do not, then even their attacks on military personnel can properly be called "terrorist." In the following I will argue that Finlay’s attempt to show the importance of the legitimate authority criterion of just war theory and to demonstrate that non-state violence has to satisfy heavier burdens of justification than state violence fails for a number of reasons: his claim that defenders would wrong victims if they defended them against their will is mistaken, he overlooks the fact that non-state agents need not claim to fight on someone’s behalf, the full moral authority he mentions is redundant, the powers he ascribes to “Lesser Moral Authority” are, depending on interpretation, either morally irrelevant or nonexistent, and his claim that granting states “Lesser Moral Authority” is beneficial from a “moral pragmatic” point of view while granting the same authority to non-state actors is not, is unwarranted. (shrink)

(a chapter from my book Libertarianism:For and Against).

Dit werkstuk betrekt zich op de vraag of de de facto legitimiteit van Knoet de Grote als koning van Angelsaksisch Engeland, te verklaren is aan de hand van de theorieën over legitimiteit zoals gepostuleerd door Maximilian Carl Emil Weber (1864—1920). Bestaande literatuur over Knoet de Grote zijn troonsbestijging, zoals dat van vooraanstaand 19e-eeuws historicus Edward Augustus Freeman, zou een ‘geromantiseerd’ beeld hebben geschetst van de kwestie. Dit werkstuk zal kijken of dit beeld, aan de hand van Webers theorie over waar (...) legitimiteit in gegrond kan zijn, ten eerste terecht te noemen is en, ten tweede, of het Knoets status als legitiem vorst van het ‘Angelsaksische’ volk goed kan verklaren. (shrink)

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...) legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty. (shrink)

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.

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)

There are two bodies of literature, one offering theories of the legitimacy of domestic institutions like states, another offering theories of the legitimacy of international institutions like the IMF. Accounts of domestic legitimacy stress the importance of democratic procedure, while few to no theorists make democracy a necessary condition for the legitimacy of international institutions. In this paper, I ask whether this asymmetry can be defended. Is there a unified higher-order theory which can explain why legitimacy requires democracy in the (...) domestic context, but not in the international context? I argue that no proceduralist higher-order theory succeeds, and that we need to look for other solutions. (shrink)

It is common in the literature to claim that legitimacy is the right to rule and that, accordingly, Hohfeldian rights analysis can be used to understand the concept. However, we argue that authors in the legitimacy literature have not generally realised the full potential of Hohfeldian analysis. We discuss extant approaches in the literature that conceptually identify legitimacy with one particular Hohfeldian incident, or, more rarely, a determinate set of incidents. Against these views, and building on parallel debates in property (...) theory, we suggest that Hohfeldian analysis pushes one towards the claim that legitimacy possesses no determinate essence. We provide a rationale for this novel view and disarm a series of objections. (shrink)

Although the concept of “AI governance” is frequently used in the debate, it is still rather undertheorized. Often it seems to refer to the mechanisms and structures needed to avoid “bad” outcomes and achieve “good” outcomes with regard to the ethical problems artificial intelligence is thought to actualize. In this article we argue that, although this outcome-focused view captures one important aspect of “good governance,” its emphasis on effects runs the risk of overlooking important procedural aspects of good AI governance. (...) One of the most important properties of good AI governance is political legitimacy. Starting out from the assumptions that AI governance should be seen as global in scope and that political legitimacy requires at least a democratic minimum, this article has a twofold aim: to develop a theoretical framework for theorizing the political legitimacy of global AI governance, and to demonstrate how it can be used as a compass for critially assessing the legitimacy of actual instances of global AI governance. Elaborating on a distinction between “governance by AI” and “governance of AI” in relation to different kinds of authority and different kinds of decision-making leads us to the conclusions that much of the existing global AI governance lacks important properties necessary for political legitimacy, and that political legitimacy would be negatively impacted if we handed over certain forms of decision-making to artificial intelligence systems. (shrink)

Abstract: In this article we introduce an input-oriented democratic innovation – that we term ‘TaxTrack’ – which offers individual taxpayers the means to engage with their political economies in three ways. After joining the TaxTrack program, an individual can: (1) see and understand how much, and what types, of taxes they have contributed, (2) see and understand how their tax contributions are, or have been, used, and (3) control what their tax contributions can, or cannot, be spent on. We explain (...) this democratic innovation in two ways. The first is through evocation to prefigure what the innovation could look like in future practise which raises the prospects for both good and problematic outcomes. The second is through formal theory to produce a detailed model of the innovation to assist theory building. We conclude by discussing three interactive outcomes of ‘TaxTrack’ through the democratic innovations literature to establish the beginnings of a theory for the model. This theory tells us that ‘TaxTrack’ can return benefits to its users and the democratic regimes in which they are located but it may also place restrictions on output-oriented innovations like Participatory Budgeting. (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)

Women continue to be in charge of most childrearing; men continue to be responsible for most breadwinning. There is no consensus on whether this state of affairs, and the informal norms that encourage it, are matters of justice to be tackled by state action. Feminists have criticized political liberalism for its alleged inability to embrace a full feminist agenda, inability explained by political liberals’ commitment to the ideal of state neutrality. The debate continues on whether neutral states can accommodate two (...) feminist demands: to enact policies aimed at dismantling the feminization of caregiving, especially childrearing, and to compensate women for some of the disadvantages they incur by being primary care-givers. I contribute to this debate with three arguments in support of policies meant to de-gender care-giving and compensate care-givers. The first appeals to equality of opportunity to positions of advantage and justifies policies that prevent or mitigate statistical discrimination and implicit biases. The second draws attention to a possible causal relationship between the specialization of women in early childcare and misogyny; since the latter is incompatible with political liberal justice, it yields the conclusion that political liberals ought to further investigate the causal hypothesis with the aim of establishing or refuting it. The third argument concludes that legitimate childrearing prohibits adults from socializing children or, at least girls, into gender norms; it justifies duties of justice on the side of parents, educators, and economic agents, and state policies meant to offset foreseeable breaches of some of these duties. (shrink)

In July 2020, more than 1,000 companies that advertise on social media platforms withdrew their business, citing failures of the platforms (especially Facebook) to address the proliferation of harmful content. The #StopHateForProfit movement invites reflection on an understudied topic: the ethics of boycotting by corporations. Under what conditions is corporate boycotting permissible, required, supererogatory, or forbidden? Although value-driven consumerism has generated significant recent discussion in applied ethics, that discussion has focused almost exclusively on the consumption choices of individuals. As this (...) article underscores, value-driven consumerism by business corporations complicates these issues and invites further examination. We propose principles for the ethics of boycotting by corporations, indicate how these principles relate to different CSR paradigms, and show how these insights can help assess recent instances of corporate boycotting. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

Is authoritarian power ever legitimate? The contemporary political theory literature—which largely conceptualizes legitimacy in terms of democracy or basic rights—would seem to suggest not. I argue, however, that there exists another, overlooked aspect of legitimacy concerning a government’s ability to ensure safety and security. While, under normal conditions, maintaining democracy and rights is typically compatible with guaranteeing safety, in emergency situations, conflicts between these two aspects of legitimacy can and often do arise. A salient example of this is the COVID-19 (...) pandemic, during which severe limitations on free movement and association have become legitimate techniques of government. Climate change poses an even graver threat to public safety. Consequently, I argue, legitimacy may require a similarly authoritarian approach. While unsettling, this suggests the political importance of climate action. For if we wish to avoid legitimating authoritarian power, we must act to prevent crises from arising that can only be resolved by such means. (shrink)

Journal of Social Philosophy, EarlyView.

Review of 'What is Political Philosophy?' by Charles Larmore, Princeton University Press 2020.

Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be guaranteed within any (...) district system, as a minority of voters nationwide can be efficiently distributed such that a minority party wins a majority of districts by narrow margins. -/- This Article offers a way to save majority rule. Since the way a party can gain control of the legislature with a minority of the vote is to win a majority of districts by narrow margins of victory and lose a minority of districts by large margins of victory, the solution is to make margins matter. Hence, this Article proposes that we preserve electoral districts in which the candidate with the most votes wins, while making the weight of their vote in the legislature (a representative’s “legislative power”) a function of margins of victory. The first goal of this Article is to outline how this proposal, which I call “weighted voting by margin of victory” (WVMV), retains the democratic virtues of district systems while ending minority rule. This is the first basis for the democratic imperative to make margins matter. -/- There is, however, a second basis for that same imperative, which turns on the political equality of voters. The U.S. Supreme Court has long held that the democratic equality should be understood in terms of equal voting power (one person, one vote). But when margins of victory don’t matter, the power of a vote lies exclusively in its potential decisiveness. A vote that changes the margin of victory without changing the victor is “wasted”. But it is an electoral reality that votes in competitive districts are more likely to be decisive, and votes in uncompetitive districts are more likely to be wasted; as a result, candidates and parties are more responsive to some voters than others. So voters are not political equals. They do not have equal voting power, except in an empty formalistic sense. By contrast, WVMV gives votes a second type of power. The power of a vote is to potentially decide who wins and to actually change the legislative power of the victor. Each vote, in effect, transfers a unit of political power to a democratic representative. This “transference” power can be meaningfully equalized between voters. A voter in an uncompetitive district is far less likely to change who wins, but is equally able to change the margin of victory, such that their vote is no longer wasted. This gives candidates and parties a strong reason to be more equally responsive to all voters who can change the margins. Hence, there is a democratic imperative to make margins matter, in order to give voters a meaningfully equal form of voting power. -/- The final goal of this Article is to explain how we can implement WMVM in modern democracies, focusing on three particularly challenging cases: the U.S. Senate, the Parliament of the United Kingdom, and the U.S. House of Representatives. These cases are challenging for several reasons, the most pertinent of which turn on the ways we should understand margins of victory when electorates are of unequal sizes (as in the U.S. Senate) or are contested by more than two parties (as in the U.K.) or are conducted under different voting procedures (as in many districts in the U.S. House). I argue that WVMV should be considered feasible in such contexts, and hence offers a practical, rather than purely theoretical, alternative to the status quo. (shrink)

This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.

Polarization often happens asymmetrically. One political actor radicalizes, and the results reverberate through the political system. This is how the deep divisions in contemporary American politics arose: the Republican Party radicalized. Republican officeholders began to use extreme legislative tactics. Republican voters became animated by contempt for their political rivals and by the defense of their own social superiority. The party as a whole launched a wide-ranging campaign of voter suppression and its members endorsed violence in the face of electoral defeat. (...) This paper is about how such asymmetric polarization affects everyone else’s obligations. My core claim is that two kinds of relationship – civic friendship and non-subordination – underpin critical democratic norms. Republican misbehavior has severed cross-partisan civic friendships. Their authoritarianism forfeits their claim to non-subordination. The former means that non-Republicans need not justify policy on public grounds. The latter undercuts Republicans’ claim to enjoy minority vetoes when out of power and it gives their rivals reason to disobey the laws that Republicans make when they are in power. More generally, when one political actor contravenes the proper norms of democratic politics, their opposition is not bound by those norms. (shrink)

The writings and speeches of the Mexican president Andrés Manuel López Obrador (2018-2024) have been characterized by a constant reference to a teleological history. Using Karl Löwith’s proposals, I analyse the president’s liberal-progressive idea of history and I propose that in this respect he has followed a certain speculative philosophy of history, which I call philosophy of Trans-Historic-History.

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)

Panarchism is a political theory advocating a global society made up of voluntary trans-territorial states founded on explicit contracts signed between governments and prospective citizens. Throughout this paper, I first aim to clarify what panarchism entails from a theoretical and institutional standpoint. Thereafter, I examine the two most relevant arguments in support of panarchism: the intuitionist appeal to the value of consent and the consequentialist stress on the individual and/or social utility of a panarchist society. In this regard, I maintain (...) that consequentialist arguments are better equipped to counter anti-panarchist objections. Finally, I purport to illustrate this point through a rebuttal of two different claims highlighting panarchism’s inability to safeguard rights other than the one to freedom of association and its unfeasibility due to the disregard for territorial contiguity. I suggest that moral and prudential reasons weaken both of these concerns. (shrink)

Panarchism is a political theory advocating a global society made up of voluntary trans-territorial states founded on explicit contracts signed between governments and prospective citizens. Throughout this paper, I first aim to clarify what panarchism entails from a theoretical and institutional standpoint. Thereafter, I examine the two most relevant arguments in support of panarchism: the intuitionist appeal to the value of consent and the consequentialist stress on the individual and/or social utility of a panarchist society. In this regard, I maintain (...) that consequentialist arguments are better equipped to counter anti-panarchist objections. Finally, I purport to illustrate this point through a rebuttal of two different claims highlighting panarchism’s inability to safeguard rights other than the one to freedom of association and its unfeasibility due to the disregard for territorial contiguity. I suggest that moral and prudential reasons weaken both of these concerns. (shrink)

The paper offers a realist account of political obligation. More precisely, it offers an account that belongs to the Williamsian liberal strain of contemporary realist theory (as opposed to a Geussian radical realist strain) and draws on and expands some ideas familiar from Bernard Williams’s oeuvre (thick/thin ethical concepts, political realism/moralism, a minimal normative threshold for distinctively political rule). Accordingly, the paper will claim that the fact of membership in a polity provides people with sufficient reason for complying with those (...) political authority claims whose source is that particular polity. The paper will explain that membership in a polity is constituted not by communitarian identification (Horton), nationhood (Tamir), joined commitment/plural subjectivity (Gilbert), but by the fact that people are stably exposed to political authority claims associated with a particular polity which they find making sense as passing the minimal normative threshold for a distinctively political form of rule (as opposed to the rule of terror or sheer coercion). This political-ethical phenomenon is widely known as political obligation but the paper will argue that the label is in fact a misnomer because it does not refer to a generic obligation. The implications of this account are manifold but two seem especially important: first, the notion of political obligation makes sense even beyond the realm of moralist political theory and, second, realist political theory should pay more attention to the problem of compliance than it used to do. (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)

According to John Rawls’s famous Liberal Principle of Legitimacy, the exercise of political power is legitimate only if it is justifiable to all citizens. The currently dominant interpretation of what is justifiable to persons in this sense is an internalist one. On this view, what is justifiable to persons depends on their beliefs and commitments. In this paper I challenge this reading of Rawls’s principle, and instead suggest that it is most plausibly interpreted in externalist terms. On this alternative view, (...) what is justifiable to persons is not in any way dependent on, or relativized to, their beliefs and commitments. Instead, what is justifiable to all in the relevant sense is what all could accept as free and equal. I defend this reinterpretation of the view by showing how it is supported by Rawls’s account of the freedom and equality of persons. In addition, a considerable advantage of this suggestion is that it allows for an inclusive account of to whom the exercise of political power must be made justifiable. (shrink)

This article argues that Bernard Williams’ Critical Theory Principle (CTP) is in tension with his realist commitments, i.e., deriving political norms from practices that are inherent to political life. The Williamsian theory of legitimate state power is based on the central importance of the distinction between political rule and domination. Further, Williams supplements the normative force of his theory with the CTP, i.e., the principle that acceptance of a justification regarding power relations ought not to be created by the very (...) same coercive power. I contend that the CTP is an epistemic criterion of reflective (un)acceptability which is not strictly connected to the question of whether people are dominated or not. I show that there are cases of non-domination that fail the epistemic requirements of the CTP. (shrink)

In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the structural power of the Transnational Capitalist Class (...) as its subject matter. Structural power is a social relation in which the institutional context makes some agents comply with others’ preferences regardless of actors’ intentional efforts to bring about such outcomes. Even when global business elites do not intentionally exercise power to obtain political control of global governance, their structural power has recognizable effects that partly enforce the world order. To advance my claim, I utilize the radical realists’ argument that the notion of legitimacy is applicable to a broader range of social practices that are beyond dyadic power relations, i.e. rulers intentionally exercising power over subjects. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (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)

Political realists argue that the concept of political legitimacy should be linked to subjects’ beliefs, while still offering normative guidance. In this article, I suggest doing so by referring to the concepts of acceptance and acceptability. I argue that a regime is legitimate if its power is accepted by subjects, provided that such acceptance meets the requirements of acceptability: subjects’ beliefs about the regime’s legitimacy need to successfully satisfy three requirements—coherence, fact-sensitivity, and politics-sensitivity—via entering public debate. I rely on pragmatism (...) to investigate the link between subjects’ beliefs and their experience of facing political authority. (shrink)

For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills that (...) void and supplies an answer, drawing on the early modern English philosopher Thomas Hobbes. On the Hobbesian account developed here, mass incarceration is always wrong because it is always inconsistent with having a free society. (shrink)

This paper examines the differences between moralist, realist, and pragmatist approaches to political legitimacy by articulating their largely implicit views of judgment. Three claims are advanced. First, the salient opposition among approaches to legitimacy is not between “moralism” and “realism.” Recent realist proposals for rethinking legitimacy share with moralist views a distinctive form, called “normativism”: a quest for knowledge of principles that solve the question of legitimacy. This assumes that judging legitimacy is a matter of applying such principles to a (...) case at hand. Second, neither Rawls nor Habermas is a normativist about political legitimacy. The principles of legitimacy they proffer claim to express rather than adjudicate the legitimacy of a liberal-democratic regime, and thus cannot solve the question of legitimacy at a fundamental level. But perhaps we should question the normativist aspiration to theoretically resolving the problem to begin with. My third claim is that a “pragmatist” approach enables us to rethink political legitimacy more deeply by shifting focus from the articulation of principles to the activity of judging. Implicit in Rawls’s and Habermas’s theories I then find clues towards an alternative account of judgment, in which the question of legitimacy calls not for theoretical resolution but for ongoing practical engagement. (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)

This article identifies an argument in Hobbes’s writings often overlooked but relevant to current philosophical debates. Political philosophers tend to categorize his thought as representing consent or rescue theories of political authority. Though these interpretations have textual support and are understandable, they leave out one of his most compelling arguments – what we call the lesser evil argument for political authority, expressed most explicitly in Chapter 20 of Leviathan. Hobbes frankly admits the state’s evils but appeals to the significant disparity (...) between those evils and the greater evils outside the state as a basis for political authority. More than a passing observation, aspects of the lesser evil argument appear in each of his three major political works. In addition to outlining this argument, the article examines its significance both for Hobbes scholarship and recent philosophical debates on political authority. (shrink)

Political actions by Fridays for Future, Extinction Rebellion, and other climate activists often involve violations of legal regulations – such as compulsory education requirements or traffic laws – and have been criticized for this in the public sphere. In this essay, I defend the view that these violations of the law constitute a form of morally justified civil disobedience against climate policies. I first show that these actions satisfy the criteria of civil disobedience even on relatively strict conceptions of civil (...) disobedience. I then argue that they meet plausible justification conditions for civil disobedience because they are directed against serious and clear injustices, which legal means of influence have failed to remedy for decades. Finally, I reject the objection that civil disobedience against climate policy violates basic democratic principles because it claims authority to override democratically enacted agreements. When addressed to Fridays for Future activists, the objection misfires for the reason alone that these activists are largely minors that are excluded from democratic participation. Moreover, disobedience even by adult activists is justified by the existence of serious democratic deficits in our climate policies, especially since it can help to correct them. Such deficits include the lack of representation of the interests of people affected by climate change in the future and globally. (shrink)

I explore the idea that the state should love its citizens. It should not be indifferent towards them. Nor should it merely respect them. It should love them. We begin by looking at the bases of this idea. First, it can be grounded by a concern with state subordination. The state has enormous power over its citizens. This threatens them with subordination. Love ameliorates this threat. Second, it can be grounded by the state's lack of moral status. We all have (...) reason to love everyone. But we beings with moral status have an excuse for not loving everyone: we have our own lives to lead. The state has no such excuse. So, the state should love everyone. We then explore the nature of the loving state. I argue that the loving state is a liberal state. It won't interfere in its citizens' personal spheres. It is a democratic state. It will adopt its citizens' ends as its own. It is a welfare state. It will be devoted to its citizens' well-being. And it is an egalitarian state. It will treat all its citizens equally. This constitutes a powerful third argument, an abductive argument, for the ideal of the loving state. (shrink)

What makes democracy valuable? One traditional answer holds that participating in democratic self-government amounts to a kind of autonomy: it enables citizens to be the authors of their political affairs. Many contemporary philosophers, however, are skeptical. We are autonomous, they argue, when important features of our lives are up to us, but in a democracy we merely have a say in a process of collective choice. In this paper, we defend the possibility of democratic autonomy, by advancing a conception of (...) it which is impervious to this objection. At the core of our account is the idea of joint authorship. You are a joint author of something when that thing expresses your joint intentions. Democracy may not make any one of us sole author of our political affairs, but it can make us their joint authors. It is in such joint authorship, we claim, that the intrinsic value of democratic self-government consists. (shrink)

In Righting Health Policy, MacDougall argues that bioethics has not developed the tools best suited for justifying health law and policy. Using Kant’s practical philosophy as an example, he explores the promise of political philosophy for making normatively justified recommendations about health law and policy.

This book advances a novel justification for the idea of "public reason": citizens within diverse societies can realize the ideal of shared political autonomy, despite their adherence to different religious and philosophical views, by deciding fundamental political questions with "public reasons." Public reasons draw upon or are derived from ecumenical political ideas, such as toleration and equal citizenship, and mutually acceptable forms of reasoning, like those of the sciences. This book explains that if citizens share equal political autonomy—and thereby constitute (...) "a civic people"—they will not suffer from alienation or domination and can enjoy relations of civic friendship. Moreover, it contends that the ideal of shared political autonomy cannot be realized by alternative accounts of public justification that eschew any necessary role for public reasons. In addition to explaining how the ideal of political autonomy justifies the idea of public reason, this book presents a new analysis of the relation between public reason and "ideal theory": by engaging in "public reasoning," citizens help create a just society that can secure the free compliance of all. It also explores the distinctive policy implications of the ideal of political autonomy for gender equality, families, children, and education. (shrink)

Psychometrics firms such as Cambridge Analytica (CA) and troll factories such as the Internet Research Agency (IRA) have had a significant effect on democratic politics, through narrow targeting of political advertising (CA) and concerted disinformation campaigns on social media (IRA) (U.S. Department of Justice 2019; Select Committee on Intelligence, United States Senate 2019; DiResta et al. 2019). It is natural to think that such activities manipulate individuals and, hence, are wrong. Yet, as some recent cases illustrate, the moral concerns with (...) these activities cannot be reduced simply to the effects they have on individuals. Rather, we will argue, the wrongness of these activities relates to the threats they present to the legitimacy of political orders. This occurs primarily through a mechanism we call “emergent manipulation,” rather than through the sort of manipulation that involves specific individuals. (shrink)

Independent central banks are major centres of unelected power in contemporary capitalist societies. While critics allege that they are incompatible with democratic values, defenders argue that delegating monetary policy to an independent central bank is an important policy tool elected institutions may use to credibly commit to low inflation. This paper defends a moderate view that neither requires dismantling central bank independence nor turns a blind eye to its risks for the proper functioning of a democratic regime. It proposes a (...) set of concrete constitutional rules that limit central bank power while allowing it to serve its core function. (shrink)

Since the Brexit Referendum in the United Kingdom and the election of Donald Trump as US President in 2016, the term ‘fake news’ has become a significant source of concern. Recently, the European Commission and the British House of Commons have condemned the phenomenon as a threat to their institutions’ democratic processes and values. However, political disinformation is nothing new, and empirical studies suggest that fake news has not decided crucial elections, that most readers do not believe the online fake (...) news stories they read, and that political polarization in Western democracies like the US began to increase long before online fake news existed. The question then is: how exactly does fake news threaten democracies? This paper argues that online fake news threatens democratic processes because it undermines citizens’ epistemic trust in each other. This in turn threatens to undermine the perceived legitimacy and the moral justification of democratic institutions as a whole. While online fake news is a symptom of a much larger issue (how has the Internet affected democracies, and how can we use its positive power while checking its negative effects?), it deserves particular attention given the potential danger it presents for the viability and the legitimacy of the democratic process. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

I compare two different arguments for the importance of bringing new voices into science: arguments for increasing the representation of women, and arguments for the inclusion of the public, or for “citizen science”. I suggest that in each case, diversifying science can improve the quality of scientific results in three distinct ways: epistemically, ethically, and politically. In the first two respects, the mechanisms are essentially the same. In the third respect, the mechanisms are importantly different. Though this might appear to (...) suggest a broad similarity between the cases, I show that the analysis reveals an important respect in which efforts to include the public are more complex. With citizen science programs, unlike with efforts to bring more women into science, the three types of improvement are often in conflict with one another: improvements along one dimension may come at a cost on another dimension, suggesting difficult trade-offs may need to be made. (shrink)

Scientists are frequently called upon to “democratize” science, by bringing the public into scientific research. One appealing point for public involvement concerns the nonepistemic values involved in science. Suppose, though, a scientist invites the public to participate in making such value-laden determinations but finds that the public holds values the scientist considers morally unacceptable. Does the argument for democratizing science commit the scientist to accepting the public’s objectionable values, or may she veto them? I argue that there are a limited (...) set of cases in which scientists can, consistently with a commitment to democratized science, set aside the public’s judgments. (shrink)

Vigilantism, commonly glossed as “taking the law into one’s own hands,” has been analyzed differently in studies of comparative politics, ethnography, history, and legal theory, but has attracted little attention from philosophers. What can “taking the law into one’s hands” amount to? How does vigilantism relate to mobs, protests, and self-defense? I distinguish between several categories of vigilantism, identify the questions they are most useful for addressing, and offer an analysis on which vigilantism is a kind of political initiative done (...) for the sake of enacting an immediate realignment of power in a polity in accordance with a political vision. In addition to defining a special kind of political initiative, my analysis helps us understand a range of rhetorical powers related to vigilantism, including some of the ways that attributions of vigilantism can mask instances of self-defense, and attributions of self-defense can mask instances of vigilantism. (shrink)