In this paper, I will first add some thoughts on Cambron-Goulet and Côté-Remy’s analysis of the tension in Plotinus’ and Porphyry’s philosophy between the concept of the soul as genderless and the conceptual link between the soul becoming vicious and the soul becoming effeminate. I will argue that—despite of the emancipatory impulses in their philosophies—both Plotinus and Porphyry stick to conceptual connections which are constitutive for patriarchic discourses, especially to the conceptual link between being human, being male and being rational (...) which makes women “the other.” In the second part of my paper, I will discuss the question of whether the emphasis Plotinus and Porphyry put on the universal nature of the soul helps to explain why they suppress the hierarchy between souls born in male bodies and souls born in female bodies which Plato develops in the Timaeus. I will argue that there is nothing in Plotinus’ conception of the universal nature of soul which principally excludes a hierarchy between the souls of men and the souls of women, so that his emphasis of the universal nature of soul cannot explain his passing over the hierarchy of Plato’s Timaeus. (shrink)

Today there is a great deal of discussion about human rights. We speak of them in reference to totalitarian regimes but also in reference to Western democracies, which is a sign, it seems, of a reconsideration of the legitimacy of the power of the State and the conception of law on which this legitimacy rests. However, we had thought this question had been settled for a long time, at least in democratic countries: a legitimate government is one elected (...) by the people, whose sovereign will it expresses through elected representatives, retained or replaced periodically, who make the laws. In other words, the people are sovereign, and the exercise of this sovereignty is governed by a constitution, according to laws that permit the legitimacy of the State (Rechtsstaat) to be expressed concretely. The doubts that arise concerning human rights in many areas of the world would thus be signs of either a rupture between the sovereign people and the executive or legislative power, to which the people delegate the care of their interests and will, or of a resignation of the popular will, reduced to the condition of a sort of do-nothing king, doubting his own legitimacy and handing his power over to his clerks. In both cases, there is a crisis of confidence and perhaps more: a fundamental skepticism toward the very notion of legitimacy as it is usually presented, that is, as the expression of the will of the people: a capricious will, sometimes docile and sometimes rebellious, of an amorphous sovereign (rex otiosus) that it is difficult to identify in the features of its representatives, (congress, parliament or national assembly) or in the form of a ballot. In any case, the citizen, holder of a small particle of popular sovereignty, feels alienated from the State and its institutions, contrary to what we find in texts before the 18th century, when institutions were surrounded by an apparent, if not always sincere, respect and when the social hierarchy was accepted as a matter of fact. (shrink)

L’analyse des juristes médiévaux nous montre comment la manipulation des contradictions déontiques prima facie est associée, dans l’argumentation interprétative, à la théorie de la légitimité de la hiérarchie normative, entendue non seulement comme instrument politique mais aussi et essentiellement comme un instrument de rationalité au sein d’une science juridique orientée vers une théologie politique. La notion de droit naturel telle qu’elle apparaît dans certains documents emblématiques dont le Decretum de Gratien du XIIe s., ne peut être réduite au modèle intellectualiste (...) aristotélo-thomiste du XIIIe s. Il y a plusieurs façons de penser le droit naturel dans le monde médiéval chrétien et latin ; elles se maintiennent sur plusieurs siècles et l’une d’elles au moins a des points de contacts et de désaccord avec les traditions juives et musulmanes. Ces courants de pensée qui s’écartent du modèle intellectualiste aristotélo-thomiste peuvent être regroupés au sein d’une famille (au sens wittgensteinien) de modèles volontaristes : les contradictions déontiques peuvent être plus fortes que des contradictions prima facie, elles peuvent être d’authentiques contradictions renvoyant à un nouvel acte de volonté comme la seule façon d’éliminer la contradiction déontique. La théorie de Duns Scot peut être utilisée comme illustrant le problème d’une approche ontologique volontariste extrême. | Une autre version de cette contribution a été publiée dans Parisoli (2008d : 124–141). (shrink)

Since the earliest human societies, there has been an ongoing struggle between hierarchy and resistance to hierarchy, and this struggle is a major driver of the evolution of moralities and of institutions. Attempts to initiate or sustain hierarchies are often met with resistance; hierarchs then adopt new strategies, which in turn prompt new strategies of resistance; and so on. The key point is that the struggle is typically conducted using moral concepts in justifications for or against unequal power (...) and involves the stimulation of the moral emotions. Both parties to the struggle treat morality as a valuable strategic resource; and the dynamic of interaction between hierarchs and resisters generates changes in that resource. The hierarch/resister struggle is in part a competition between moral concepts and justifications, and that competition drives the emergence of new moral concepts and justifications, just as competition in other contexts generates innovations. Among the moral concepts generated by the struggle are the following: authority, legitimacy, aristocracy, the divine right of kings, the mandate of heaven, natural rights, civil and political rights, constitutionalism, the rule of law, sovereignty, collective self-determination, exploitation, oppression, and domination. (shrink)

International human rights concepts and documents figure prominently within theories of global justice. Appeals to human rights often rely on theories and interpretations that rank human rights in relation to one another designating some as more important or more crucial than others such that they may or must be given priority. In this paper I argue that hierarchical ranking of human rights should be rejected by theorists of global justice because such ranking: (a) undermines the effectiveness with which human rights (...) operate as principled constraints on state actors; and (b) is inconsistent with the international legal framework and practice from which the human rights concepts and documents draw their rhetorical force. Instead theorists of global justice should accept the indivisibility principle, which states that all human rights are interrelated and interdependent and must be treated on the same footing and given the same emphasis. The attraction of hierarchical ordering rests on misguided concerns about the practicality of indivisibility that fail to properly distinguish between rights and claims and ignore important dimensions of human rights implementation and assessment. I argue that indivisibility is both pragmatically defensible, provides a better theoretical grounding for understanding complaints about violations, and offers a better framework for understanding the relationship between human rights and legitimacy than hierarchical ordering. (shrink)

In this critical comment, we argue that nondemocratic, but decent regimes fail to constitute legitimate governance under Applbaum’s free group agency account. To make this case, we first introduce the three principles of liberty, equality and agency that Applbaum takes to flow directly from his free agency conception of legitimacy. Against this backdrop, we discuss Applbaum’s claim that a nondemocratic regime along the lines of a Rawlsian decent consultation hierarchy could meet the threshold of legitimacy. Contrary to (...) this suggestion, we argue that nondemocratic, but decent regimes cannot claim legitimacy under Applbaum’s account because they are constitutively inegalitarian, thus failing to adequately grant citizens the equal normative power without which legitimacy is unattainable under the free group agency account. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among (...) states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

Contemporary psychiatry faces serious challenges because it has failed to incorporate accumulated knowledge from basic neuroscience, neurophilosophy, and brain–mind relation studies. As a consequence, it has limited explanatory power, and effective treatment options are hard to come by. A new conceptual framework for understanding mental health based on underlying neurobiological spatial-temporal mechanisms of mental disorders (already gained by the experimental studies) is beginning to emerge.

This paper discusses logical accounts of the notions of consistency and negation, and in particular explores some potential means of defining consistency and negation when expressed in modal terms. Although this can be done with interesting consequences when starting from classical normal modal logics, some intriguing cases arise when starting from paraconsistent modalities and negations, as in the hierarchy of the so-called cathodic modal paraconsistent systems (cf. Bueno-Soler, Log Univers 4(1):137–160, 2010). The paper also takes some first steps in (...) exploring the philosophical significance of such logical tools, comparing the notions of consistency and negation modally defined with the primitive notions of consistency and negation in the family of Logics of Formal Inconsistency (LFIs), suggesting some experiments on their expressive power. (shrink)

The target paper of Schoeller, Perlovsky, and Arseniev is an essential and timely contribution to a current shift of focus in neuroscience aiming to merge neurophysiological, psychological and physical principles in order to build the foundation for the physics of mind. Extending on previous work of Perlovsky et al. and Badre, the authors of the target paper present interesting mathematical models of several basic principles of the physics of mind, such as perception and cognition, concepts and emotions, instincts and learning. (...) Their conceptualization helps to clarify the distinction between conscious and unconscious aspects of mind that is often neglected and further provide a clear description of the mental hierarchy, which extends from physical objects in the physical world to abstract ideas in the mental/subjective realm. While we agree that identification of a few fundamental principles is a first step toward developing the physics of the mind, and we concur with the selection of those principles in the target review paper, we think that the theory of the physics of mind would much benefit from considering also the most basic principles that are common for the physics/matter/brain and the mind/subjectivity/cognition. In this respect, such basic principles as time and space, as well as criticality, self-organization, and emergence seem to be the most interesting. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in (...) order to be legitimate. An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

The British biologist, philosopher, and psychologist Conwy Lloyd Morgan is widely regarded as one of the founders of comparative psychology. He is especially well known for his eponymous canon, which aimed to provide a rule for the interpretation of mind from behavior. Emphasizing the importance of the context in which Morgan was working—one in which casual observations of animal behavior could be found in Nature magazine every week and psychology itself was fighting for scientific legitimacy—I provide an account of (...) Morgan’s vision for the comparative psychologist qua professional psychologist. To this end, I explore the important connection between Morgan and the evolutionary theorist, philosopher, and psychologist Herbert Spencer. It is from Spencer, I contend, that Morgan inherited a number of his key epistemological and methodological concerns about the nascent science of comparative psychology. This extends all the way to the canon, which only works as intended when paired with a Spencerian understanding of mental evolution as a progressive linear sequence. Far from being an incidental residue of a pre-Darwinian time, hierarchy was intentionally built into the very core of Morgan’s scientific comparative psychology. (shrink)

Do psychological perspectives constitute the only way through which the role of musical creativity in education can be addressed, researched and theorised? This essay attempts to offer an alternative view of musical creativity as a deeply social and political form of human praxis, by proposing a perspective rooted in the thought of the political philosopher and activist Cornelius Castoriadis (1922–1997). This is done in two steps. First, an attempt is made to place the pursuit of the concept of musical creativity (...) within a larger educational and societal context of conflicting trajectories that run through (a) Modernity and (b) Education. Then, I revisit the issue of educational value of improvising and composing through creating conceptual links between the process of music-making through improvisation and composition and the project of political autonomy as conceived by Castoriadis. By foregrounding instituting imaginary over instituted imaginary, improvising and composing become active processes of positing new legitimacies, and of creating a music-making context that searches for its own foundations. It is in and through creative musical praxis that we can think about issues of hierarchies, musical values, social dimensions of different music-making processes, our relationship to past values and to historical dimensions of music. By arguing that improvisation and composition might be seen as ways of positing the issue of political autonomy in musical terms, this paper emphasises the role of improvisation and composition as a mode of potentially transformative educational practice that may foster the development of critical consciousness, linking music education to a larger project of re-discovering and at the same time re-defining democracy. (shrink)

ABSTRACT: There is general agreement amongst those involved in the normative discussion about geoengineering that if we are to move forward with significant research, development, and certainly any future deployment, legitimate governance is a must. However, while we agree that the abstract concept of legitimacy ought to guide geoengineering governance, agreement surrounding the appropriate conception of legitimacy has yet to emerge. Relying upon Allen Buchanan’s metacoordination view of institutional legitimacy, this paper puts forward a conception of (...) class='Hi'>legitimacy appropriate for geoengineering governance, outlining five normative criteria an institution ought to fulfill if it is to justifiably coordinate our action around geoengineering. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Modern Maistre. The Social and Political Thought of Joseph de MaistreAbraham AndersonOwen Bradley. A Modern Maistre. The Social and Political Thought of Joseph de Maistre. Lincoln: University of Nebraska Press, 1999. Pp. 320. $55.00.In A Modern Maistre, Owen Bradley has sought to defend both the theoretical penetration and the practical wisdom of Joseph de Maistre, most famous of all "reactionaries" or royalist opponents of the French Revolution. (...) Bradley's own explicit philosophical premises are those of the contemporary academic Left—the blend of Foucault, Adorno, and other authors commonly known as "theory." He defends Maistre's claims on our attention partly by pointing to the kinship between the latter's critique of the Enlightenment and that of Foucault, Adorno, et al. Further, Bradley reminds us of the intimate relation between anti-revolutionary thought and historicism, here understood as the doctrine that new climates of belief and social arrangements always have their roots in what precedes them. In this as in other respects he allows us to see the kinship between the thought of Maistre and that of his younger and more liberal contemporary Tocqueville.Maistre was, moreover, a seminal thinker for the French tradition of sociology whose best-known representatives are Comte and Durkheim, and which, like him, was concerned above all with the religious conditions of social order. Maistre was himself a disciple not just of Vico's New Science but of Plato's Republic and Laws, works equally preoccupied with this topic. One of the most interesting themes of the book, in fact, is Maistre's concern with political theology.Maistre was particularly attracted, Bradley shows, to the neo-Platonic and possibly heterodox theology of Origen. The neo-Platonic emphasis on symbols, talismans, and cosmic hierarchy, according to Bradley, helped Maistre formulate his criticism of the "mechanical philosophy" of the Cartesian Enlightenment, the metaphysical premise, according to Maistre, of the Revolution. Maistre, Bradley shows us, argued against the Enlightenment's attempt to replace a politics dependent on faith with one based on modern science partly by showing that modern science itself has its roots in mysticism, magic, and enthusiasm. The Enlightenment, which understood itself as entirely secular in spirit, was ruled by a project of salvation descended from ancient gnosticism. As the gnostics sought salvation through the rejection of the world of creation, the Enlighteners sought political salvation through a rejection of all traditions and institutions, a project which culminated in the Jacobin Terror.But political violence, in Maistre's view, does not stem from theological error alone. According to Maistre, "sacrifice" in the larger sense is central to all human societies. The problem of political order is in large part how to channel the impulse to collective cruelty, which is necessary to political order but can be restrained or allowed to run [End Page 287] wild. Politics is largely theater and symbol; the wise use of these elements is indispensable for taming the love of violence.Maistre's famous assertion of the authority of the Pope is not, Bradley insists, a formula for theocracy; rather, the preservation of a spiritual power distinct from and independent of the sovereign serves to check tyranny without subverting sovereignty (132). Such a spiritual power is necessary partly to preserve "unity of fables, which will never happen without unity of doctrine and authority" (195).Maistre's interest in political theology is continuous with an interest in the political significance of cosmology. Every society, Maistre held, including the Enlightenment, has a view of the cosmos to which its conception of society precisely corresponds. Maistre himself seeks to inflect modern cosmology in various ways. Like Tocqueville and Vico, Maistre uses the doctrine of historical forces to propound a teaching on Providence. The Jacobins themselves, Maistre asserts, were instruments of Providence. Far from emancipating mankind, the Revolution "abruptly shortened" the "chain that binds man" within his proper bounds (215).Bradley does Maistre a valuable service by criticizing misinterpretations of his thought by later defenders of extra-constitutional authority, like Maurras and Carl Schmitt; Maistre himself, Bradley shows, was deeply concerned to preserve constitutional legitimacy and opposed absolutism. Bradley's most interesting chapter is his last one, on Maistre... (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...) put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (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)

In autonomous action the agent herself directs and governs the action. But what is it for the agent herself to direct and to govern? One theme in a series of articles by Harry G. Frankfurt is that we can make progress in answering this question by appeal to higher-order conative attitudes. Frankfurt's original version of this idea is that in acting of one's own free will, one is not acting simply because one desires so to act. Rather, it is also (...) true that this desire motivates one's action because one desires that this desire motivate one's action. This latter desire about the motivational role of one's desire is a second-order desire. It is, in particular, what Frankfurt calls a second-order “volition.” And, according to Frankfurt's original proposal, acting of one's own free will involves in this way such second-order, and sometimes yet higher order, volitions. (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)

In this paper I outline a theory of legitimacy that grounds the state’s right to rule on a natural duty not to harm others. I argue that by refusing to enter the state, anarchists expose those living next to them to the dangers of the state of nature, thereby posing an unjust threat. Since we have a duty not to pose unjust threats to others, anarchists have a duty to leave the state of nature and enter the state. This (...) duty correlates to a claim-right possessed by those living next to them, who also have a right to act in self-defence to enforce this obligation. This argument, if successful, would be particularly attractive, as it provides an account of state legitimacy without importing any normative premises that libertarians would reject. (shrink)

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 were prior to or independent from justice? -/- This question identifies a widely underexplored issue whose theoretical salience shows how the understanding of what constitutes the primary question of political philosophy has a deep impact on how practical political questions are interpreted and addressed. What difference would it make, for example, whether the difficulties concerning the safeguard of human rights were couched in terms of the justice or of the legitimacy of the documents and treaties sanctioning their implementation. How should the issue of the quality of democracies be addressed whether one assigned priority to the justice or legitimacy of democratic institutions? Addressing these and other topical questions, the book offers a new theoretical angle from which to consider a number of pressing social and political issues. (shrink)

A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard (...) interpretations of epistemic democracy, however, the conception I put forward avoids procedure-independent standards of correctness. Instead, it relies on a procedural social epistemology and defines legitimacy entirely in terms of the fairness of procedures. I call this conception of democratic legitimacy `Pure Epistemic Proceduralism'. I shall argue that it should be preferred over `Rational Epistemic Proceduralism', the conception of legitimacy that underlies the standard interpretation of epistemic democracy. Key Words: legitimacy • deliberative democracy • epistemic democracy • social epistemology. (shrink)

This study provides novel evidence of the impact of corporate social responsibility (CSR) on investment sensitivity to cash flows. We posit that CSR affects investment–cash flow sensitivity (ICFS) through information asymmetry and agency costs, commonly viewed as the two channels through which investment responds to the availability of internal cash flows. We find that CSR performance leads to a decrease in ICFS. We further find that ICFS decreases (increases) when CSR strengths (concerns) increase. Finally, we find that the effect of (...) CSR on ICFS is driven by the areas Community, Diversity, and Human Rights. In sum, the findings of this study stress the relevance of CSR—in particular, of CSR activities that extend beyond compliance behavior and reflect what is desired by society—in reducing market frictions and improving firms’ access to financial capital. (shrink)

This essay asks why Aristotle, certainly no friend to unlimited democracy, seems so much more comfortable with unconstrained rhetoric in political deliberation than current defenders of deliberative democracy. It answers this question by reconstructing and defending a distinctly Aristotelian understanding of political deliberation, one that can be pieced together out of a series of separate arguments made in the Rhetoric, the Politics, and the Nicomachean Ethics.

The “centre-periphery” relationship historically structured scientific exchanges between metropolis and province, between the fount of empire and its outposts. But the exchange, if regarded merely as a one-way flow of scientific information, ignores both the politics of knowledge and the nature of its appropriation. Arguably, imperial structures do not entirely determine scientific practices and the exchange of knowledge. Several factors neutralise the over-determining influence of politics—and possibly also the normative values of science—on scientific practice.In examining these four examples of Indian (...) scientists in encounters with their peers at the centre, exceptional scientists are seen in a social context where the epistemology of science supposedly describes its practice. Imperialism imposes practices and patronage, which moderate the exchange of scientific knowledge. But, at Level Two, the politics of knowledge and the patterns of patronage within it mediate exchanges between the centre and the periphery.The first step in reconfiguring exchanges between centre and periphery —in this case, between Europe and India during the period 1850 to 1930— is to recognise the relation between the acquisition of resources and the maintenance of legitimacy and identity.67 Political life is not confined to the core of political institutions.68 Second, in examining science as practised in the colonies, it is necessary to see stages of scientific institutions, whose development structures the exchange.From the encounter of Ramchandra and De Morgan, it is evident that the centre-periphery framework should be separated from the models of transmission embedded within it. The notion of “translation” helps to suggest that scientists bring personal motives and meanings to each encounter. Ramchandra, for example, sought a novel method of teaching Indians calculus, while De Morgan's interest lay in finding a place for algebra in a liberal education.The hierarchy inherent in the centre-periphery framework compels the conclusion that, at Level Two, the autodidact outside the institutions of science must have his work presented to scientists at the centre by authoritative figures from the centre. This is not mainly a question of imperialism, but rather of patronage. The peripheral scientist could not be granted direct entry into the collegial circle until his efforts at the periphery could be translated into the language and concerns of the central community. Ramanujan's enigmatic formulas were translated into the language of analysis by Hardy, which enabled the creation of a field to which Hardy was committed. Scientists from the periphery who were already part of the circle by virtue of their training, were not necessarily subject to the same degree of attestation as other scientists from the periphery. P.C. Ray, with his DSc from Edinburgh, and his position at Calcutta University, had less difficulty in winning the trust of colleagues at the centre, even when he returned to India. On the contrary, remaining at the periphery, he moved from a context of patronage to a sphere of competition. In addition, Ray's collegiality, even at Level Two, was more comprehensive, and connected him with Level One.Eventually, the professional Indian science graduate found collegiality within the international community of scientists. Saha's self-imposed progressive nationalism constrained his identification with the centre and made him a potential competitor instead. Once having achieved eminence in the world of science, C.V. Raman and Saha shifted their work to journals of physics published in India in order to further the cause of physics research in their own country.69To go beyond the limitations of the centre-periphery model, it is necessary not merely to examine exchanges between scientists functioning in a “shared epistemological universe”,70 but also to recognise the part played by institutions, the experience of colonialism, and the forms of patronage characterising both colonialism and science. Put another way, although there is relative epistemological autonomy within the disciplinary research communities of science, the interplay between knowledge and power structures this exchange.The scientific links between colonial India and Britain at the turn of the century were mediated by structures which prefigured change. Does structure determine all? If it does, we are left with an Orientalist reconstruction of the docile native, and a passive cultural medium into which science percolates. But this neglects the role of scientists in creating new structures within which they worked. A middle position—one more sensitive to the exigencies of colonial scientific life—would be one where the participants are seen not as the dupes of “structure nor the potentates of action”, but as occupying a ground between the two.71. (shrink)

ABSTRACTAccording to the standard or traditional account, those who hold political authority legitimately have a right to rule that entails an obligation of obedience on the part of those who are subject to their authority. In recent decades, however, and in part in response to philosophical anarchism, a number of philosophers have challenged the standard account by reconceiving authority in ways that break or weaken the connection between political authority and obligation. This paper argues against these revisionist accounts in two (...) ways: first, by pointing to defects in their conceptions of authority; and second, by sketching a fair-play approach to authority and political obligation that vindicates the standard account. (shrink)

This article explores the role of religion in Ottoman political legitimation. It shows that the Ottoman rulers were interested in a much more expansive, diverse form of political legitimation that included Islamic religious legitimation, but also used toleration and sultanic law to construct a more capacious form of political legitimation that included Muslim and non-Muslim populations of the empire.

The increase in cases of political corruption, the loss of politicians' credibility, the development of social and political forms of pathology, and the role of the State have been at the center of political debates. In one way or another, these problems raise the question of the legitimacy of the established powers. The result is that legitimacy, a key notion of political thought in general, has today become a burning issue. Coicaud examines all these issues and proffers insightful (...) answers to questions such as the connections between morality and politics, how rulers acquire or lose the right to govern, and how one can become the advocate of a theory of political justice that, while establishing limits, respects and even ensures the promotion of plurality within societies. (shrink)

The increase in cases of political corruption, the loss of politicians' credibility, the development of social and political forms of pathology, and the role of the State have been at the center of political debates. In one way or another, these problems raise the question of the legitimacy of the established powers. The result is that legitimacy, a key notion of political thought in general, has today become a burning issue. Coicaud examines all these issues and proffers insightful (...) answers to questions such as the connections between morality and politics, how rulers acquire or lose the right to govern, and how one can become the advocate of a theory of political justice that, while establishing limits, respects and even ensures the promotion of plurality within societies. (shrink)

Using process philosophy, especially its view of nature and its ethic, we develop a process-based environmental ethic embodying minimalism and beneficience. From this perspective, we criticize the philosophy currently underlying public policy and examine some alternative approaches based on phenomenology and ethnomethodology. We conclude that process philosophy, minus its value hierarchy, is a powerful tool capable of supporting both radical and n10derate changes in environmental policy.

WINDSOR C, DOUGLAS C and HARVEY T. Nursing Inquiry 2012; 19: 213–222 Nursing and competencies — a natural fit: the politics of skill/competency formation in nursingThe last two decades have seen a significant restructuring of work across Australia and other industrialised economies, a critical part of which has been the appearance of competency based education and assessment. The competency movement is about creating a more flexible and mobile labour force to increase productivity and it does so by redefining work as (...) a set of transferable or ‘soft’ generic skills that is transportable and is the possession of the individual. This article sought to develop an analysis of competency based clinical assessment of nursing students across a bachelor of nursing degree course. This involved an examination of a total of 406 clinical assessment tools that covered the years 1992–2009 and the three years of a bachelor degree. Data analysis generated three analytical findings: the existence of a hierarchy of competencies that prioritises soft skills over intellectual and technical skills; the appearance of skills as personal qualities or individual attributes; and the absence of context in assessment. The article argues that the convergence in nursing of soft skills and the professionalisation project reform has seen the former give legitimacy to the enduring invisibility and devaluation of nursing work. (shrink)

The literature regarding social and environmental sustainability of business focuses primarily on rationales for adopting sustainability strategies and operational practices in support of that goal. In contrast, we examine sustainability from a perspective that has received far less research attention—attitudes that inform managerial decision-making. We develop a conceptual model that identifies six elemental categories of attitudes that can be held independently or aggregated to yield a meta-attitude representing the legitimacy of sustainability. Our model distinguishes among three types of internally (...) held attitudes and externally perceived subjective norms: pragmatic, moral, and cognitive. We propose a refinement of Ajzen's (In: Kuhl J, Beckmann J (eds) Action control: from cognition to behavior, 1985; Organ Behav Hum Decis Process 50:179-211, 1991) Theory of planned behavior (TPB) that incorporates these sub-categories of personal attitudes and subjective norms. Practical implications are discussed including how organizations considering adopting sustainability programs might use the model as a conceptual tool to help achieve and assess program success. (shrink)

In this paper we put forward a realist account of the problem of the accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. So, at least in the context of modern states there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. In which case most liberal normative theory on (...) religious accommodation turns out to be wrong headed. As an alternative, we suggest the question of contested sacred places should be settled with reference to the state’s purposes—at least as long as one is committed to the existence of modern states. If one finds the state’s treatment of religion unsatisfactory, then our argument provides a pro tanto reason for seeking alternative forms of political organisation. (shrink)

A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public trust in grounding (...) the legitimacy of criminal justice institutions. We argue that algorithmic opacity threatens the trustworthiness of criminal justice institutions, which in turn threatens their legitimacy. We first offer an account of institutional trustworthiness before showing how opacity threatens to undermine an institution’s trustworthiness. We then explore how threats to trustworthiness affect institutional legitimacy. Finally, we offer some policy recommendations to mitigate the threat to trustworthiness posed by the opacity problem. (shrink)

This essay examines certain epistemic problems facing administrative states’ efforts to draft efficient regulations for their societies. I argue that a basic feature of the administrative state’s authority, namely its monopoly over the production of legally binding rules for all members of a geographically defined society, creates epistemic problems that impede efficient rule-making. Specifically, the administrative state’s monopoly over the production of legally binding rules prevents multiple public policies from being simultaneously implemented and compared. The resulting singularity of administrative states’ (...) regulatory decisions prevents observation of the counterfactual effects of policies that were possible but which were not implemented. The absence of observable policy counterfactuals frustrates efforts to assess the efficiency of administrative states’ decisions, as it is impossible to determine whether different policies would have generated greater benefits at lower cost than the policy the state implemented. As these epistemic problems are derived from the singularity of administrative states’ decisions, they exist independently of principal agent problems, suboptimal incentives, or the preferences and capabilities of administrative personnel. (shrink)

Elitist scepticism of democracy has a venerable history. This paper responds to the latest round of such scepticism—the ‘competence objection’, articulated in recent work by Jason Brennan. Brennan’s charge is that democracy is unjust because it allows uninformed, irrational, and morally unreasonable voters to exercise power over high-stakes political decisions, thus imposing undue risk upon the citizenry. I show that Brennan’s objection admits of two interpretations, and argue that neither can be sustained on close examination. Along the way, I consider (...) the merits of Brennan’s preferred ‘epistocratic’ alternative to democracy, and argue that it is likely to lead to lower-quality outcomes. (shrink)

This Article explores the relationship between the legitimacy of international courts and expansive judicial lawmaking. We compare lawmaking by three regional integration courts - the Court of Justice of the European Union, the Andean Tribunal of Justice, and the ECOWAS Community Court of Justice. These courts have similar jurisdictional grants and access rules, yet each has behaved in a strikingly different way when faced with opportunities to engage in expansive judicial lawmaking. The CJEU is the most activist, but its (...) audacious legal doctrines have been assimilated as part of the court’s legitimate authority. The ATJ and ECOWAS have been more cautious, but there is little to suggest that this caution has enhanced the legitimacy of either court. The ATJ has avoided serious challenges from governments, but its rulings have had little political impact. Conversely, the ECCJ’s circumspection has not shielded it from political opposition to its adjudication of clearly-established human rights. This pattern is at odds with the oft-voiced conventional wisdom that expansive judicial lawmaking undermines judicial legitimacy. Our modest goal in this Article is to problematize that claim and to posit an alternative hypothesis - that ICs spark legitimacy challenges due to the domestic political effects of their decisions, regardless of whether those decisions are expansionist. (shrink)

Social media platforms have been vested with hope for their potential to enable ‘ordinary citizens’ to make their judgments public and contribute to pluralized discussions about organizations and their perceived legitimacy :60–97, 2018). This raises questions about how ordinary citizens make judgements and voice them in online spaces. This paper addresses these questions by examining how Western citizens ascribe responsibility and action in relation to corporate misconduct. Empirically, it focuses on modern slavery and analyses online debates in Denmark on (...) child slavery in the cocoa industry. Conceptually, it introduces the notion of cosmopolitanism as a general disposition of care and responsibility towards distant others, conceived as a prerequisite for the critical evaluation of corporate responsibility in the Global South. The analysis of online debates shows that citizens debate child slavery in terms of individual consumer responsibility rather than corporate responsibility. Corporations are not considered potential agents of change. As a consequence, online citizen debates did not reflect a legitimacy crisis for the cocoa industry, as debates over responsibility were overwhelmingly concerned with the agency of the Western individual, the individual agency of the speakers themselves. Participants in debates understood their agency strictly as consumer agency. (shrink)