While states have agreed to substantial reduction of emissions in the Paris Agreement, the success of the Agreement strongly depends on the cooperation of large Multinational Corporations. Short of legal obligations, we discuss the effectiveness and moral legitimacy of voluntary approaches based on naming and shaming. We argue that effectiveness and legitimacy are closely tied together; as voluntary approaches are the only alternative to legally imposed duties, they are most morally defensible particularly if they would be the most (...) effective in reducing the harmful greenhouse gases. Shaming could be made effective if states could prompt more corporations to accept voluntary cuts with high gains—such as public acknowledgements—and high losses, such as reporting on noncompliance and public exposure, along with some kind of condemnation. An important challenge of such voluntary approaches is how to ensure compliance with the agreed upon commitments, while avoiding greenwashing or selective disclosure. Certain institutional arrangements are inevitable, including an independent measurement, monitoring and verification mechanism. In this paper, we discuss the potentials and ethical pitfalls of shaming as a strategy when corporations have a direct relationship with consumers, but also when they are in a relationship with governments and other corporations. (shrink)
Public legitimacy consists of beliefs among the mass public that an international court has the right to exercise authority in a certain domain. If publics strongly support such authority, it may be more difficult for governments to undermine an international court that takes controversial decisions. However, early studies found that while a majority of the public trusts international courts, this was based on weak attitudes derivative from more general legal values and support for the international institutions. I reexamine (...) these claims with data for European courts, the International Criminal Court, and the International Court of Justice. First, using Google search data and media-analysis I find that, at least in Europe, information-seeking about international courts has increased and is at similar levels to national high courts and prominent international institutions. Second, trust in international courts remains strongly correlated with trust in international and domestic institutions. Countries in which more individuals trust their national courts are also countries in which more individuals trust international courts. Individuals who trust their national courts more are also more trusting of international courts. This undermines at least some interpretations of the credible commitment argument: in the minds of the general public, international courts may not be substitutes for poorly performing domestic courts, but extensions of a functioning rule of law system that they already trust. (shrink)
Governments of all nations presume they possess full discretionary policymaking powers over the lands and waters within their geopolitical boundaries. At least one global environmental issue—the rapid loss of the world’s biodiversity, the sixth major mass extinction event in geological time—challenges the legitimacy of this presumption. Increment by increment, the present generation is depleting the world’s biodiversity by way of altering species’ habitats for the sake of short term economic gain. When biodiversity is understood as an essential environmental (...) condition—essential in the long term because it is the source of the biological resources upon which humans depend—then the strongly differential distribution of benefits and burdens between generations raises an issue of intergenerational justice. We receive the short-term benefits of economic development; future generations will receive the resulting burden of a biosphere in which one of the life-support systems necessary for humanity will have been compromised. Using Ronald Dworkin’s conceptions of distributive justice, it can be demonstrated that constitutional constraints on the discretionary powers of governments, for the sake of intergenerational justice, are entirely consistent with central tenets of liberal democracy. As a result, we should abandon to some extent the presumption that governments have full jurisdiction over the lands and waters within their boundaries. (shrink)
In a globalizing world, governments are not always able or willing to regulate the social and environmental externalities of global business activities. Multi-stakeholder initiatives , defined as global institutions involving mainly corporations and civil society organizations, are one type of regulatory mechanism that tries to fill this gap by issuing soft law regulation. This conceptual paper examines the conditions of a legitimate transfer of regulatory power from traditional democratic nation-state processes to private regulatory schemes, such as MSIs. Democratic (...) class='Hi'>legitimacy is typically concerned with input legitimacy and output legitimacy . In this study, we identify MSI input legitimacy criteria and those of MSI output legitimacy , and discuss their implications for MSI democratic legitimacy. (shrink)
Governments of all nations presume they possess full discretionary policymaking powers over the lands and waters within their geopolitical boundaries. At least one global environmental issue—the rapid loss of the world’s biodiversity, the sixth major mass extinction event in geological time—challenges the legitimacy of this presumption. Increment by increment, the present generation is depleting the world’s biodiversity by way of altering species’ habitats for the sake of short term economic gain. When biodiversity is understood as an essential environmental (...) condition—essential in the long term because it is the source of the biological resources upon which humans depend—then the strongly differential distribution of benefits and burdens between generations raises an issue of intergenerational justice. We receive the short-term benefits of economic development; future generations will receive the resulting burden of a biosphere in which one of the life-support systems necessary for humanity will have been compromised. Using Ronald Dworkin’s conceptions of distributive justice, it can be demonstrated that constitutional constraints on the discretionary powers of governments, for the sake of intergenerational justice, are entirely consistent with central tenets of liberal democracy. As a result, we should abandon to some extent the presumption that governments have full jurisdiction over the lands and waters within their boundaries. (shrink)
As the world moves into the 21st century, business managers face new and daunting challenges to their legitimacy. Those who run the world’s 72,0000 multinational firms and their 828,000 subsidiaries face special difficulties.These firms constitute a global economy that has produced much that is useful, including wondrous technologies and great wealth for many. Nevertheless, one in five of the world’s six billion people lives in extreme poverty, surviving on less than $1 a day. Half the world lives on less (...) than $2. In spite of roughly $1 trillion that has been spent to fight poverty around the globe in the last 50 years and vastly increased trade and investment, most people in Latin America, the Middle East and Central Asia are poorer today than they were ten years ago, and most Africans were better off 40 years ago.2 Environmental degradation increases, as do disease and violations of human rights.Unreasonable as it may be to blame business for the world’s ills, the blame sticks, because the ills – like multinationals – transcend national boundaries and are in many ways beyond the power of existing governments to affect. And global government has yet to evolve. Furthermore, the governments of many countries lack either the will or the ability to reduce poverty within their jurisdictions, meaning that if MNCs do not do it, it won’t be done.In addition to the undesirable costs of the globalisation they have helped to create, managers are concerned also with the greed, crime and scandal in their own ranks. So it is appropriate to help them inspect the assumptions that have been used to justify their power and authority, and to consider whether those assumptions need renovation. This I shall do in Part I of this essay. In Part II I shall seek a historical perspective, because in many ways the criticism of business and globalisation today echoes the debate in the 1930s about which economic system was best, communism, socialism or capitalism. Capitalism, we suppose, has won, but if so, what is it? Is it the same everywhere – in China, Japan, Europe, Mexico, the United States, and elsewhere? If not, is the very word not misleading? (shrink)
With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues ...
This book examines the relationship between the idea of legitimacy of law in a democratic system and equality, conceived in a tripartite sense: political, legal, and social. Exploring the constituent elements of the legal philosophy underlying concepts of legitimacy, this book seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy by tracing and examining the conceptions of equality in political, legal, and social dimensions. -/- In the (...) sphere of political equality this book argues that the best construction of equality in a democratic system - which resonates with the legitimizing function of majority rule - is that of equality of political opportunity. It is largely procedural, but those procedures represent important substantive values built into a majoritarian system. In the sphere of legal equality it argues that a plausible conception of non-discrimination can be constructed through a "reflective equilibrium" process, and should reject a thoughtless assumption that the presence of some particular criteria of differentiations necessarily taints a legal classification as discriminatory. Finally, the chapters on social equality explore, in some detail, the currently influential, and presumptively attractive, "luck egalitarianism": the idea that social equality calls for neutralizing the disparate effects of bad brute luck upon a person's position in society. (shrink)
Johann Gottfried Herder (1744-1803) has been called the German Rousseau. Yet while Rousseau is recognized as a political thinker, Herder is not. This book explores each thinker's ideas--on nature and culture, selfhood and mutuality, paternalism, freedom, and autonomy--and compares their conceptions of legitimate statehood. Arguing that the crux of political legitimacy for both men was the possibility of "extended selfhood," Barnard shows that Herder, like Rousseau, profoundly altered human self-understandings, thus influencing modes of justifying political allegiance.
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)
What should we do if climate change or global injustice require radical policy changes not supported by the majority of citizens? And what if science shows that the lacking support is largely due to shortcomings in citizens’ individual psychology such as cognitive biases that lead to temporal and geographical parochialism? Could then a plausible case for enhancing the morality of the electorate—even against their will –be made? But can a democratic government manipulate the will of the people without losing democratic (...)legitimacy? This paper explores the problems that governmental manipulation of voters pose for democratic legitimacy and the tensions between non-manipulated input and morally acceptable output. These venerable issues of political theory resurface in light of recent suggestions to tackle today’s global mega-problems by Ingmar Persson and Julian Savulescu. They suggest that to avert the looming catastrophe, governments should alter psychological traits of the citizenry through biomedical means, from pharmaceuticals to genetics. However, we argue that a government cannot rule with democratic legitimacy if elected by a will of the people it manipulated before. Normatively, conferring power from the governed onto governors is a one-directional relation that is incompatible with manipulation. But while it is tempting to rebut suggestions to morally enhance the people as antithetical to essential ideas of democracy, swift rebuttals tend to overlook the deeper challenge: Majoritarian decision-making may lead to inacceptable outcomes. The dilemma between input and output runs through major works in political theory. Rather than wishfully ignoring the dangers of democracy, democratic theory has to provide answers. (shrink)
This short piece draws on political philosophy to show how social media interference operations can be used by hostile states to weaken the apparent legitimacy of democratic governments. Democratic societies are particularly vulnerable to this form of attack because democratic governments depend for their legitimacy on citizens' trust in one another. But when citizen see one another as complicit in the distribution of deceptive content, they lose confidence in the epistemic preconditions for democracy. The piece concludes (...) with policy recommendations for how democratic governments should protect themselves. (shrink)
International courts are an integral component of the international legal system. These courts have been proliferating over time and increasingly working to ensure state compliance with the rules of the international regulatory regimes they join. However, these courts face a fundamental challenge: while they can rule against governments in violation of the regime’s rules, they cannot enforce those decisions. Working from the first principle that the regulatory regime is designed to help resolve collective action problems among the signees, this (...) Article proposes a formal model of international court influence that helps to explain the extent and limits of international court influence on national government behavior. (shrink)
The role of governments in business and society research remains underexplored. The generally accepted principle of voluntarism, which frames responsible business conduct as an unregulated subject under managerial discretion, accounts for this gap. Paradoxically, there are sufficient acknowledgments in academia and practice on different roles of governments. The present article identifies three broad topics for research, addressing the paradox between the principle of voluntarism and the role of governments in B&S, the boundaries of governments and business (...) in their contribution to B&S issues, and the mechanisms of government intervention that affect corporate social performance. The authors approach the first topic with a literature review of 703 articles marked with the term “government” from five journals in the field between 1982 and 2011. This study indicates that the principle of voluntarism remains, despite the broad variety of research related to the role of government in B&S. In addition, the identified content provides deeper insight into the mechanisms of government intervention and on the boundaries of governments in the B&S discourse. This article then provides a summary of the other three research articles included in this special research forum, with a contribution oriented toward the latter two research avenues posited. (shrink)
Although previous studies primarily claim that government-dependent firms can actively engage in compliance activities in order to achieve political legitimacy, access government resources, and build competitive advantages, these studies largely ignore how firms react when firm-dependent governments exert coercive pressures. We thus introduce institutional theory and the behavioral theory of social performance to develop a model of modest imitation, and we propose that the more governments depend on privately owned firms, the more firms demonstrate average social performance (...) in order to balance efficiency concerns with political legitimacy threats. Meanwhile, whether firms imitate peers’ social performance depends on the magnitude of institutional rigidity. In turn, issue salience and spatial proximity undermine modest imitation, and political connections strengthen modest imitation. We study how all listed, privately owned firms react to the Chinese government’s call for social engagement in poverty alleviation initiated in 2015. This study uses a two-stage Heckman selection model to correct for sample-selection bias, and the results provide strong support for our arguments. This research thus extends our understanding of modest imitation in response to coercive pressure from-dependent governments. (shrink)
A relatively small segment of business, known as social entrepreneurship (SE), is increasingly being acknowledged as an effective source of solutions for a variety of social problems. Because society tends to view "new" solutions as "the" solution, we are concerned that SE will soon be expected to provide answers to our most pressing social ills. In this paper we call into question the ability of SE, by itself, to provide solutions on a scope necessary to address large-scale social issues. SE (...) cannot reasonably be expected to solve social problems on a large scale for a variety of reasons. The first we label the orga nizational legitimacy argument. This argument leads to our second argument, the isomorphism argument. We also advance three other claims, the moral y political and structural arguments. After making our arguments, we explore ways in which SE, in concert with other social institutions, can effectively address social ills. We also present two examples of successful ventures in which SEs partnered with governments and other institutions. (shrink)
The authors articulate a global public standard for the normative legitimacy of global governance institutions. This standard can provide the basis for principled criticism of global governance institutions and guide reform efforts in circumstances in which people disagree deeply about the demands of global justice and the role that global governance institutions should play in meeting them.
Islamic religious norms are important for Islamic bioethical deliberations. In Muslim societies religious and cultural norms are sometimes confused but only the former are considered inviolable. I argue that respect for Islamic religious norms is essential for the legitimacy of bioethical standards in the Muslim context. I attribute the legitimating power of these norms, in addition to their purely religious and spiritual underpinnings, to their moral, legal, and communal dimensions. Although diversity within the Islamic ethical tradition defies any reductionist (...) or essentialist reconstruction, legitimacy is secured mainly by approximation of Islamic ethical ideals believed to be inherent in the scriptural texts, rather than by the adoption of particular dogmatic or creedal views. With these characteristics, Islamic (bio) ethics may provide useful insights for comparative ethics and global bioethics. (shrink)
Corporate social responsibility (CSR) is one of the ways through which companies gain legitimacy. However, CSR actions themselves are subject to public skepticism because of increased public awareness of greenwashing and scandalous corporate behavior. Legitimacy of CSR actions is indeed influenced by the actions of the company but also is rooted in the basic cultural values of a society and in the ideologies of evaluators. This study examines the legitimacy of CSR actions of publicly traded forest products (...) companies as compared to family-owned forest products companies. Results indicate a lower legitimacy for CSR actions of publicly traded companies than for family-owned companies. The study also examines the effect of social responsibility orientation (SRO) of evaluators on the legitimacy accorded to companies' CSR actions. We found that SRO was negatively associated with legitimacy, especially for women. Perceived profitability of companies was negatively associated with legitimacy of CSR actions for publicly traded but not for family-owned companies. (shrink)
In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the (...) constitution of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)
In this major work, Blumenberg takes issue with Karl Lowith's well-known thesis that the idea of progress is a secularized version of Christian eschatology, which promises a dramatic intervention that will consummate the history of the ...
The article offers a critical assessment of an article on “Corporate Legitimacy as Deliberation” by Guido Palazzo and Andreas Scherer in this journal. We share the concern about the precarious legitimacy of globally active corporations, infringing on the legitimacy of democracy at large. There is no quarrel with Palazzo/Scherer’s diagnosis, which focuses on the consequences of globalization and ensuing challenges for corporate social responsibilities. However, we disagree with the “solutions” offered by them. In a first step we (...) refute the idea of a legitimacy of morals, maintaining that morality is a premodern mode of creating legitimacy. Even worse, moral is becoming a dangerous commodity under conditions of fundamental global disagreements and antagonisms. We secondly refute the concept of the “politicized corporation”, maintaining that Palazzo/Scherer disregard the consequences of functional differentiation of modern societies and, in particular, disregard the wisdom of political restraint and constitutional guarantees for the autonomy of different spheres of society. Finally, we refute a seemingly romantic notion of deliberation, maintaining that deliberation and deliberative democracy is a worthy idea, which, however, has no place in the real world of globalized contexts. On the other hand, we also find enough common ground and common concern with Palazzo/Scherer to validate a fruitful discourse. (shrink)
The Legitimacy of Miracle defends the view that miracles, in the strong sense of being events produced by a supernatural agent overriding the usual course of nature, can take place without violating any laws of nature. This means that the evidence for miracles cannot be judged to be in conflict with the evidence for the laws of nature; the result being that Humean objections to the rationality of belief in miracles fail.
Physicians commonly recommend ?placebo treatments?, which are not believed to have specific efficacy for the patient's condition. Motivations for placebo treatments include complying with patient expectations and promoting a placebo effect. In this article, we focus on two key empirical questions that must be addressed in order to assess the ethical legitimacy of placebo treatments in clinical practice: 1) do placebo treatments have the potential to produce clinically significant benefit? and 2) can placebo treatments be effective in promoting a (...) therapeutic placebo response without the use of deception? We examine evidence from clinical trials and laboratory experiments bearing on these two questions. The conclusion is reached that based on currently available evidence, it is premature to judge whether placebo treatments are ethically justifiable, with the possible exception of acupuncture for pain relief. (shrink)
The biofuel boom is placing enormous demands on existing cropping systems, with the most crucial consequences in the agri-food sector. The biofuel industry is responding by initiating private governance and certification. The Roundtable on Sustainable Palm Oil (RSPO) and the Cramer Commission, among others, have formulated criteria on “sustainable” biofuel production and processing. This article explores the legitimacy of private governance and certification by the biofuel industry, highlighting opportunities and challenges. It argues that the concept of output based (...) class='Hi'>legitimacy is problematic in the case of biofuel as long as no consensus or commonly agreed “best” solution has been established on what sustainable biofuel production is. Furthermore, it shows that the private governance initiatives analyzed fail to adequately include actors from developing countries. Finally, the article argues that we need mechanisms for control and accountability in order to guarantee that the political output of biofuel certification serves the common welfare. (shrink)
Globalization arguably generated a governance gap that is being filled by transnational rule-making involving private actors among others. The democratic legitimacy of such new forms of governance beyond nation states is sometimes questioned. Apart from nation-centered democracies, such governance cannot build, for example, on representation and voting procedures to convey legitimacy to the generated rules. Instead, alternative elements of democracy such as deliberation and inclusion require discussion to assess new instruments of governance. The recently published standard ISO 26000 (...) is an interesting example of transnational governance. ISO 26000 was developed in a lengthy multiorganizational process for the purpose of giving guidance on the social responsibility of organizations. By assessing the specific case of ISO 26000, this study sheds light on the question of how legitimacy beyond nation-state democracy is ensured or constricted. Centering on the idea of deliberate democracy and democratic legitimacy, the study offers in-depth insights on the normative legitimacy of the development process of ISO 26000. Positioned on the interface of business studies and public policy, this article contributes to the academic literature on transnational governance and on the role of multistakeholder processes in shaping the role of business in society. (shrink)
This book offers a political theory combining elements from the Marxist and liberal traditions. It presents the reader with a disturbing view of the contemporary state as at war with itself. This internal conflict is no accident but stems from the state's having the double task of spurring on the economy and protecting the welfare and rights of all its citizens. Such conflict does not end at national boundaries but extends through the system of any imperial state. This perspective illuminates (...) the fractures and instability within the imperial system. This book will be of particular interest to political scientists, political philosophers, and those engaged in policy studies. (shrink)
We frequently praise or blame people for what they believe or fail to believe as a result of their having investigated some matter thoroughly, or, in the case of blame, for having failed to investigate it, or for carelessly or insufficiently investigating. for instance, physicists who, after years of toil, uncover some unknown fact about our universe are praised for what they come to know. sometimes, in contrast, we blame and may even despise our friends for being ignorant of certain (...) ecological facts as a result of their refusing to countenance the evidence. the purpose of this paper is to explore what underlies the legitimacy of this practice—the praise or blame of people for what they know or fail to know as a result of investigation or otherwise—namely, the ability to exercise control over one’s doxastic states, and, in particular, as i will argue, one’s ability to exercise indirect generic control over one’s doxastic states. (shrink)
The traditional medical epistemology, resting on a biomedical paradigmatic monopoly, fails to display an adequate representation of medical knowledge. Clinical knowledge, including the complexities of human interaction, is not available for inquiry by means of biomedical approaches, and consequently is denied legitimacy within a scientific context. A gap results between medical research and clinical practice. Theories of knowledge, especially the concept of tacit knowing, seem suitable for description and discussion of clinical knowledge, commonly denoted the art of medicine. A (...) metaposition allows for inquiry of clinical knowledge, inviting an expansion of the traditional medical epistemology, provided that relevant criteria for scientific knowledge within this field are developed and applied. The consequences of such approaches are discussed. (shrink)
Despite being fundamental to democracy, the normative concept of the people, i.e. the demos, is highly unclear. This article clarifies the legitimacy of the demos’ boundaries by structuring the debate into three strains of justification: first, normative membership principles; second, its democratic functionality and the necessity of cohesion for this essential function; and third, a procedural understanding of the demos. It will be shown that normative principles can only justify its expansion towards the ideal of an unbounded demos. On (...) the other hand, the democratic function of the demos can be understood as a criterion for its restriction. This, however, is only possible on the basis of an existing polity and not for the initial constitution of the demos. Consequently, a legitimate demos has to take both inclusionary and exclusionary tendencies into account. These tendencies need to be weighed against each other in the democratic process, which leads to a fundamentally procedural understanding of the legitimacy of the demos. (shrink)
Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on states’ (...) discretion with respect to admission. Reducing domination requires, rather than removing all immigration restrictions or democratically justifying them to all, that there be certain constraints on states’ freedom to control migration: giving migrants a publicly secured status somewhat analogous to that enjoyed by citizens, subjecting migration controls to higher legal regulation, and making immigration policies and decision contestable by those who are subject to them. (shrink)
The aim of this article is to contribute to understanding the changing role of government in promoting corporate social responsibility (CSR). Over the last decade, governments have joined other stakeholders in assuming a relevant role as drivers of CSR, working together with intergovernmental organizations and recognizing that public policies are key in encouraging a greater sense of CSR. This paper focuses on the analysis of the new strategies adopted by governments in order to promote, and encourage businesses to (...) adopt, CSR values and strategies. The research is based on the analysis of an explanatory framework, related to the development of a relational analytical framework, which tries to analyze the vision, values, strategies and roles adopted by governments, and the integration of new partnerships that governments establish in the CSR area with the private sector and social organizations. The research compares CSR initiatives and public policies in three European countries: Italy, Norway and the United Kingdom, and focuses on governmental drivers and responses. The preliminary results demonstrate that governments are incorporating a common statement and discourse on CSR, working in partnership with the private and social sectors. For governments, CSR implies the need to manage a complex set of relationships in order to develop a win–win situation between business and social organizations. However, the research also focuses on the differences between the three governments when applying CSR public policies. These divergences are based on the previous cultural and political framework, such as the welfare state typology, the organizational structures and the business and social and cultural background in each country. (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)
The legitimacy of the military is frequently overlooked in standard accounts of jus ad bellum. Accordingly, this paper considers how the military should be organized. It proposes a normative conception of legitimacy – the ‘Moderate Instrumentalist Approach’ – that outlines the qualities that a military should possess. It then assesses the three leading ways of organizing the military according to this approach: the use of private military and security companies (PMSCs), a conscripted force and the all-volunteer force (AVF). (...) The paper argues that the AVF, despite some notable problems, is the most legitimate way of organizing the military. (shrink)
The article offers a critical assessment of an article on "Corporate Legitimacy as Deliberation" by Guido Palazzo and Andreas Scherer in this journal. We share the concern about the precarious legitimacy of globally active corporations, infringing on the legitimacy of democracy at large. There is no quarrel with Palazzo/Scherer's diagnosis, which focuses on the consequences of globalization and ensuing challenges for corporate social responsibilities. However, we disagree with the "solutions" offered by them. In a first step we (...) refute the idea of a legitimacy of morals, maintaining that morality is a premodern mode of creating legitimacy. Even worse, moral is becoming a dangerous commodity under conditions of fundamental global disagreements and antagonisms. We secondly refute the concept of the "politicized corporation", maintaining that Palazzo/Scherer disregard the consequences of functional differentiation of modern societies and, in particular, disregard the wisdom of political restraint and constitutional guarantees for the autonomy of different spheres of society. Finally, we refute a seemingly romantic notion of deliberation, maintaining that deliberation and deliberative democracy is a worthy idea, which, however, has no place in the real world of globalized contexts. On the other hand, we also find enough common ground and common concern with Palazzo/Scherer to validate a fruitful discourse. (shrink)
This paper introduces questions about the nature of law. It briefly identifies why modern biotechnology poses interesting issues for regulation. Thereafter it considers two questions—the legitimacy of law, and the relationship between law and morality. It concludes by considering issues of participation and of appealing to the public interest.
This essay advocates a “functional” approach to causation and causal reasoning: these are to be understood in terms of the goals and purposes of causal thinking. This approach is distinguished from accounts based on metaphysical considerations or on reconstruction of “intuitions.”.
In liberal political philosophy, a prevalent view holds that groups are typically voluntary associations. Members of voluntary associations can accept, revise or reject group practices as a matter of choice. In this article, I challenge this view. Appealing to the concept of joint commitment developed in philosophy of social science, I argue that individuals who jointly commit their wills to a goal or a belief form a ‘We’-group. Members of ‘We’-groups are under an obligation to defer to ‘Our’ will embodied (...) in ‘Our’ norms as a matter of course. I further show the ubiquity of We-groups. This joint commitment account of group authority raises a much-overlooked question of group legitimacy: Do members have good reasons to obey norms of their group? I show that state-centric views of legitimacy are inapt to answer it. A group-centric view, revived from the old communitarian literature, is defended. (shrink)
Private firms are uniquely positioned to provide significant relief to the misery that pervades the developing world. Global misery has persisted due to a variety of failures in the provision of relief by nation-states and non-governmental organizations, including corruption and the absence of strong background institutions in the countries in need of aid. In many situations, private firms have a comparative advantage over these entities in the provision of aid. Examples such as Merck and the cure for river blindness show (...) how firms can use their specific competencies and knowledge to relieve misery through Direct Corporate Humanitarian Investment (DCHI). DCHI is legitimized by marketplace morality and is consistent with the role of business within society, including legal dimensions. Shareholders may formally approve a corporation’s DCHI strategy and all stakeholders may act in support of their moral desires with respect to the firm and its DCHI strategy. (shrink)