During the last decade, any questionable or illegal behaviour on the part of businesses has received considerable attention in the media. Using a critical discursive perspective, we here investigate how the media constructs one type of questionable business as illegitimate. Our data draw upon articles dealing with cartels and cartel agreements in Finnish business media covering the five year period 2002-2007. Our contributions are following: We add to the current literature on CSR and national businesses, suggesting that regardless of globalization (...) sociocultural history plays an important role in constructing the illegitimacy of business practices. We therefore emphasize the importance of media as an arena where social actors construct the social contract between business and society. We further contribute to studies on questionable business by reconstructing a discursive framework used to construct cartels and cartel agreements. (shrink)

When is a de facto authority not entitled to be considered a `government' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge more traditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state's political independence, and that against interference (...) in matters `essentially' within a state's domestic jurisdiction. Yet although human rights advocates have begun to speak of state sovereignty as an `anachronism', with some expansively proclaiming the emergence of an international `right to democratic governance,' international law literature lacks systematic treatment of governmental illegitimacy. This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy. The inquiry establishes that the category of `illegitimate government' now occupies a place in international law, with significant consequences for the legality of intervention in certain instances. The principle of popular sovereignty, hitherto vague and ambiguous, has acquired sufficient determinacy to serve, in some circumstances, as a basis for denial of legal recognition to putative governments. This development does not imply, however, the emergence in international law of a meaningful norm of `democratic governance,' nor would such a norm serve the purposes of the scheme of sovereign equality of states embodied in the United Nations Charter. (shrink)

During the past decade, any questionable and illegal behavior of businesses has received significant attention in the media. Thus, taking a critical discursive approach, we investigate how the media constructs any questionable business as illegitimate. Our data draws upon articles dealing with cartels and cartel agreements in Finnish business media covering a five year period 2002-2007. Based on our findings, we suggest that regardless of the globalized business world, socio-cultural history plays an important role in constructing the illegitimacy of (...) business practices. (shrink)

Illegitimacy in a historic, single community at Penrith, Cumbria (1557–1812), has been studied using aggregative analysis, family reconstitution and time series analysis. This population was living under extreme conditions of hardship. Long, medium and short wavelength cycles in the rate of illegitimacy have been identified by time series analysis; each represents a different response to social and economic pressures. In a complex interaction of events, the peaks of the cycles in wheat prices were associated with rises in adult (...) mortality which promoted an influx of migrants and a concomitant rise in illegitimacy. The association between immigration and illegitimacy was particularly noticeable after the mortality crises of the late sixteenth and early seventeenth centuries. Children of immigrant families also tended to produce illegitimate offspring. Native and immigrant families responded differently to extrinsic fluctuations, and variations in their reproductive behaviour were probably related to access to resources. (shrink)

This article examines the plight of the whistleblower using elements of organizational legitimacy theory. In recognizing the negative correlation between the actions of the organization and the whistleblower it becomes clear that the continuing legitimacy of the organization necessitates the illegitimacy of the whistleblower. This helps explain the continual blacklisting of the whistleblower and their vilification, resulting in the destruction of both their professional career and their reputation. Only protective legislation will provide any guarantees for the whistleblower.

Debates about how to incorporate the severely cognitively disabled into liberal theory typically focus on John Rawls’s assumption that citizens choosing the principles of justice should be understood as full social cooperators. In this paper, we argue that social cooperation is not the fundamental barrier to the inclusion of the severely cognitively disabled. We argue that these persons are excluded from the entire project of liberal legitimacy in virtue of the apparent inability of a severely cognitively disabled person to understand (...) and evaluate the legitimacy of political principles for herself. Severely cognitively disabled persons lack a kind of access to political principles that is crucial, according to liberal theory, for political principles to be legitimate to someone, and not simply for someone. (shrink)

This paper aims to contribute to the exploration of the shift from a problematisation of ‘unwed motherhood’ to ‘teenage motherhood’ in late twentieth century Britain. It does so by exploring the dominant social scientific understanding of ‘unwed mothers’ during the 1950s and 1960s which suggested that these women suffered from a psychological disorder. I then analyse the conceptualisation of ‘adolescent unwed mothers’ exploring why professionals deemed them to be less disturbed than older women in their predicament. This finding is discussed (...) in light of contemporary social scientific concern with adolescent motherhood. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called the 'is/ought fallacy (IOF)'. Some philosophers conclude that the IOF is not a logical problem but an epistemological one, meaning that even if inferences like this one are logically valid, they cannot be used epistemologically to warrant anyone's real‐life moral beliefs. Arguments do not warrant their conclusions unless the premises of those arguments are themselves warranted, and in the real world, they say, no one would ever be (...) warranted in believing premise. Charles Pigden argues for the illegitimacy of the move from is to ought, saying that we should understand David Hume as pointing to the conservativeness of logic. According to Pigden, logic is conservative in that “the conclusions of a valid inference are contained within the premises. You do not get out what you have not put in”. (shrink)

For the philosopher of Rotterdam, religious coercion has two essential sources of illegitimacy: the linking of religious and ecclesiastical belief and the use of politics for religious purposes. Bayle responds to it, with his doctrine of freedom of conscience, on one hand and by means of the essential distinction between voluntary religious affiliation and political obligation, on the other hand. From my perspective, his doctrine of tolerance does not involve an atheist state, nor does it mean the rejection of (...) the presence of religion in the public space or its displacement to the intimate sphere of the conscience. This paper proposes a reading of Baylean tolerance as a political doctrine that allows the articulation between freedom of conscience, minority confessions, and official religion. Thus, the Baylean theoretical model could be considered a proposal to provide a normative form to the practice of toleration present in the seventeenth -century Netherlands. (shrink)

ABSTRACT Violence is a central idea for political theory but there is very little agreement about how it should be understood. This paper examines some fashionable approaches to the concept and argues against ‘wide’ definitions, particularly those of the ‘structuralist’ variety of which that offered by the sociologist, Johan Galtung, is taken as typical. A critique is also given of ‘legitimist’ definitions which incorporate some strong notion of illegitimacy into the very meaning of violence. Structuralist definitions are much favoured (...) by the political left whereas legitimist accounts are more common on the right but these connections, though psychologically understandable, are not logically tight. Both structuralist and legitimist analyses are criticised on conceptual and practical grounds and a defence of a more restricted definition is presented. The paper concludes with some remarks about the point of having a concept of violence of the type delineated. (shrink)

Recognizing that truth is socially constructed or that knowledge and power are related is hardly a novelty in the social sciences. In the twenty-first century, however, there appears to be a renewed concern regarding people’s relationship with the truth and the propensity for certain actors to undermine it. Organizations are highly implicated in this, given their central roles in knowledge management and production and their attempts to learn, although the entanglement of these epistemological issues with business ethics has not been (...) engaged as explicitly as it might be. Drawing on work from a virtue epistemology perspective, this paper outlines the idea of a set of epistemic vices permeating organizations, along with examples of unethical epistemic conduct by organizational actors. While existing organizational research has examined various epistemic virtues that make people and organizations effective and responsible epistemic agents, much less is known about the epistemic vices that make them ineffective and irresponsible ones. Accordingly, this paper introduces vice epistemology, a nascent but growing subfield of virtue epistemology which, to the best of our knowledge, has yet to be explicitly developed in terms of business ethics. The paper concludes by outlining a business ethics research agenda on epistemic vice, with implications for responding to epistemic vices and their illegitimacy in practice. (shrink)

In 2017, Italy passed a law that provides for a systematic discipline on informed consent, advance directives, and advance care planning. It ranges from decisions contextual to clinical necessity through the tool of consent/refusal to decisions anticipating future events through the tools of shared care planning and advance directives. Nothing is said in the law regarding the issue of physician assisted suicide. Following the DJ Fabo case, the Italian Constitutional Court declared the constitutional illegitimacy of article 580 of the (...) criminal code in the part in which it does not exclude the punishment of those who facilitate the suicide when the decision has been freely and autonomously made by a person kept alive by life-support treatments and suffering from an irreversible pathology, the source of physical or psychological suffering that he/she considers intolerable, but fully capable of making free and conscious decisions. Such conditions and methods of execution must be verified by a public structure of the national health service, after consulting the territorially competent ethics committee. This statement admits, within strict and regulated bounds, physician assisted suicide, so widening the range of end-of-life decisions for Italian patients. Future application and critical topics will be called into question by the Italian legislator. (shrink)

Barnett and Block (Journal of Business Ethics, 2009 ) attack the heart of modern banking by claiming that the practice of borrowing short and lending long is illicit. While their claim of illegitimacy concerning fractional reserve banking can be defended, their justification lacks substance. Their claim is herein strengthened by a legal analysis of deposits and loans based on Huerta de Soto (Money, Bank Credit and Economic Cycles, 2006 ). A combined legal and economic analysis shows that while lending (...) deposits can be regarded as illicit, the maturity mismatching of loans is legitimate contrary to Barnett and Block’s claim. No over-issuance of property rights is involved with this practice once the distinction between present and future goods is taken into account. However, while the practice is not illicit per se , it is greatly assisted and developed through the presence of a fractional reserve banking system, and can sometimes breed detrimental effects. (shrink)

This paper explores the respective legitimacy or illegitimacy of medical authority over nursing work. The analysis makes use of Joseph Raz’s ideas concerning the nature of authority. Various scenarios are considered which lend themselves to differing interpretations, and the conclusion reached is that acting in accordance with legitimate medical authority enhances rather than compromises the nurse’s professional integrity. Difficulties, however, may lie in disentangling legitimate from illegitimate attempts to control nursing work.

In the Critique of Pure Reason, Kant uses the notion of spontaneity to characterize both the ordinary epistemic activity of the understanding and the kind of causal activity required for transcendentally free agency. In spite of the obvious differences between these two conceptions of spontaneity, at one time Kant virtually identified them, since he licensed the inference from the spontaneity of thought manifest in apperception to the transcendental freedom of the thinker. By the mid-1700s, however, he abandoned that view, affirming (...) instead a sharp distinction between “logical freedom,” which pertains to acts of thought, and “transcendental freedom,” which supposedly pertains to acts of will. This distinction, if not the precise language in which it was originally expressed, remained an integral part of the “critical” philosophy. Moreover, although the topic of freedom is not discussed in the Paralogisms, Kant there insists on the illegitimacy of the attempt to derive any synthetic knowledge regarding the nature of the “thing which thinks” from the ‘I think’. (shrink)

Ever since its inception, democracy has been subjected to the objection that ordinary citizens are not fit to rule. I discuss and criticize the most influential contemporary version of this argument, due to Jason Brennan, according to which democracy is illegitimate because voters are incompetent. I accept two core premises of Brennan’s argument – that legitimacy requires competence, and that voters are incompetent (in the sense of competence Brennan accepts) – but reject the conclusion that representative democracy is illegitimate. I (...) show that the argument can be interpreted as making two different claims: (1) That the democratic policymaking process as a whole is incompetent, and democratic policies therefore illegitimate; (2) that only democratic elections are incompetent, which either (a) makes democratic policies illegitimate or (b) makes elections themselves illegitimate. Each of these claims is false: (1) is false because voter incompetence does not taint the policymaking process sufficiently; (2a) is false because incompetent elections do not imply that policies made post-election are illegitimate; and (2b) is false because electoral decisions are not the kinds of things that can be illegitimate in the appropriate way. Finally, I address three potential criticisms of my defense of democracy: (i) that I set the bar for voters’ performance too low, (ii) that the representative democracy I defend is not really democratic, and (iii) that Brennan’s argument is an argument for replacing democracy with epistocracy, rather than for the illegitimacy of representative democracy. (shrink)

This paper argues that the type of conscience claims made in last decade’s spate of cases involving pharmacists’ objections to filling birth control prescriptions and cases such as Ms. Means and Mercy Health Partners of Michigan, and even the Affordable Care Act and the Little Sisters of the Poor, as different as they appear to be from each other, share a common element that ties them together and makes them fundamentally different in kind from traditional claims of conscience about which (...) a practical consensus emerged in the 1980s and 1990s. This difference in kind is profoundly significant; so much so, we contend, that it puts them at odds with the normative basis for protecting conscience claims in United States health care settings in the first place, making them illegitimate. Finally, we argue that, given the illegitimacy of these contemporary claims of conscience, physicians and other health professionals must honor their well-established standing obligations to provide informed consent and refer or transfer care even if the service requested or needed is at odds with their own core moral beliefs—a requirement that is in line with the aforementioned practical consensus on traditional claims of conscience. (shrink)

In natural kind debates, Boyd's famous Homeostatic Property Cluster theory (HPC) is often misconstrued in two ways: Not only is it thought to make for a normative standard for natural kinds, but also to require the homeostatic mechanisms underlying nomological property clusters to be uniform. My argument for the illegitimacy of both overgeneralizations, both on systematic as well as exegetical grounds, is based on the misconstrued view's failure to account for functional kinds in science. I illustrate the combination of (...) these two misconstruals with recent entries into the natural kind debate about emotions. Finally, I examine and reject Stich's "Kornblith-Devitt method" as a potential justification of these misconstruals. (shrink)

Solving the “new demarcation problem” requires a distinction between epistemically legitimate and illegitimate roles for non-epistemic values in science. This paper addresses one ‘half’ (i.e. a sub-problem) of the new demarcation problem articulated by the Gretchenfrage: What makes the role of a non-epistemic value in science epistemically illegitimate? I will argue for the Explaining Epistemic Errors (EEE) account, according to which the epistemically illegitimate role of a non-epistemic value is defined via an explanatory claim: the fact that an epistemic agent (...) is motivated by a non-epistemic value explains why the epistemic agent commits a particular epistemic error. The EEE account is inspired by Douglas’ and Steel’s “functionalist” or “epistemic constraint” accounts of epistemic illegitimacy. I will suggest that the EEE account is able to meet two challenges that these two accounts face, while preserving the key intuition underlying both accounts. If my arguments succeed, then the EEE account provides a solution to one half of the new demarcation problem (by providing a definition of what makes the role of a non-epistemic value epistemically illegitimate) and it opens up new ways for addressing the other half (i.e. characterizing an epistemically legitimate role of non-epistemic values). (shrink)

Although there once was a general consensus among race scholars that applying race categories to humans is biologically illegitimate, this consensus has been erased over the past decade. This is largely due to advances in population genetics that allow biologists to pick out genetic population clusters that approximate some of our common sense racial categories. In this paper, I argue that this new ability really ought not undermine our confidence in the biological illegitimacy of the human races. Unfortunately, the (...) claim that races are biologically legitimate is ambiguous—the sense I will be concerned with here holds that the human species can be divided into biological subspecies. Sesardic and Andreasen have both argued that the cluster results are evidence for subspecies within the human population. I show the cluster results are in fact evidentially inert relative to each author’s preferred subspecies concept. I then sketch the kinds of biological facts that could be used to adjudicate whether human subspecies have existed in the past. (shrink)