Drawing its strength from the UN Charter and UDHR, human rights ethics is a beacon of hope and a promise that requires continuous reaffirmation during these turbulent times. These two documents, with their unwavering faith in ‘fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small,’ have shaped our understanding of human rights as global and universal ethics. However, this faith is now being severely (...) tested by four countercurrents: extremism, exclusionism, selectivism, and populism. These countercurrents pose significant and urgent human rights threats that activists, academics, and policymakers must confront by reasserting the basic core values of the UN Charter and UDHR. (shrink)

At the center of Rawls’s work post-1980 is the question of how legitimate coercive state action is possible in a liberal democracy under conditions of reasonable disagreement. And at the heart of Rawls’s answer to this question is his liberal principle of legitimacy. In this paper I argue that once we attend carefully to the depth and range of reasonable disagreement, Rawls’s liberal principle of legitimacy turns out to be either wildly utopian or simply toothless, depending on how (...) one reads the ideal of reciprocity it is meant to embody. To remedy this defect in Rawls’s theory, I␣undertake to develop the outlines of a democratic conception of legitimacy, drawing first on Rawls’s generic conception of legitimacy in The Law of Peoples and second on a revised understanding of reciprocity between free and equal citizens. On this revised understanding, what free and equal citizens owe one another is not reciprocity in judgment, but reciprocity of interests. (shrink)

This book offers a complete rethink of the institutional limits and possibilities of deliberative democracy and legitimacy. Examining several unresolved problems at the core of deliberative democratic theory, this volume will be vital reading for deliberative democratic theorists and public policy makers.

This paper critiques the version of the argument that the regulation of hateful speech by the state undermines its democratic legitimacy made by Ronald Dworkin and James Weinstein. It argues that in some cases the harmful effects of hateful speech on the democratic process outweigh those of restriction. It does not challenge the central premise of the Legitimacy Argument, that a wide-ranging right to freedom of expression is an essential political right in a liberal democracy. Instead, it uses (...) ideal and nonideal theory as a framework for judgements about the regulation of hate speech. The mistake underpinning the Legitimacy Argument is that it assumes that other conditions pervade that make an ideal democratic procedure possible when they do not. In reality the state can be put in a position where, whatever course of action it takes with regard to the regulation or non-regulation of hate speech, some citizens will not be able to participate fully in political deliberation. Under such conditions there remain strong pro tanto reasons not to regulate hate speech on democratic grounds, but they are not all-things-considered reasons, and there are also pro tanto reasons to regulate hate speech that might outweigh them in some cases. This leads to the cautious conclusion that while there might be a normative justification for the regulation of hate speech in individual instances, the debate is best understood as one between competing pro tanto reasons, and must be approached on a case-by-case basis. (shrink)

: A central component of Bernard Williams' political realism is the articulation of a standard of legitimacy from within politics itself: LEG. This standard is presented as basic, inherent in all political orders and the best way to underwrite fundamental liberal principles particular to the modern state, including basic human rights. It does not require, according to Williams, a wider set of liberal values. In the following, I show that where Williams restricts LEG to generating only minimal political protections, (...) seeking to isolate his account of political legitimacy from a range of liberal principles, this is neither internal to, nor necessarily demanded by, the specifically political account of LEG. Instead, the limitation depends upon his wider ethical thought. (shrink)

In combating the ongoing global health threat of the COVID-19 pandemic, decision-makers have to take actions based on a multitude of relevant health data with severe potential consequences for the affected patients. Because of their presumed advantages in handling and analyzing vast amounts of data, computer systems of algorithmic decision-making are implemented and substitute humans in decision-making processes. In this study, we focus on a specific application of ADM in contrast to human decision-making, namely the allocation of COVID-19 vaccines to (...) the public. In particular, we elaborate on the role of trust and social group preference on the legitimacy of vaccine allocation. We conducted a survey with a 2 × 2 randomized factorial design among n = 1602 German respondents, in which we utilized distinct decision-making agents and prioritization of a specific social group as design factors. Our findings show that general trust in ADM systems and preference for vaccination of a specific social group influence the legitimacy of vaccine allocation. However, contrary to our expectations, trust in the agent making the decision did not moderate the link between social group preference and legitimacy. Moreover, the effect was also not moderated by the type of decision-maker. We conclude that trustworthy ADM systems must not necessarily lead to the legitimacy of ADM systems. (shrink)

Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider (...) range of practices, especially including the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)

What, if anything, can realism say about the normative conditions of political legitimacy? Must a realist political theory accept that the ability to successfully employ coercive power is equivalent to the right to rule, or can it incorporate normative criteria for legitimacy but without collapsing into a form of moralism? While several critics argue that realism fails to adequately differentiate itself from moralism or that it cannot coherently appeal to normative values so as to distinguish might from right, (...) this article seeks to help develop a realist account of legitimacy by demonstrating how it can successfully and stably occupy this position between moralism and Realpolitik. Through this discussion, however, the article also argues that political rule necessitates the use of coercive power which is (at best) imperfectly legitimated, and that this blurs the distinction between politics and successful domination which lies at the heart of many recent accounts of political realism. In at least this sense, realism retains important and under-acknowledged affinities to Realpolitik. (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 paper explores one organisation’s journey into non-financial reporting, initially motivated by a crisis in public confidence that threatened the organisation’s legitimacy to the present with the organisation embracing integrated reporting. The organisation’s journey is framed through a legitimation lens and is illustrated by aligning internal reflections with external outputs guided by predominant paradigms of good practice, such as the GRI guidelines and more recently integrated reporting 〈IR〉. We find that the organisation’s relationship with external guidelines has evolved from (...) pragmatic adoption as a means of seeking external legitimation to the present position where those that prepare external reports are informed by the organisation’s strategic positioning and not constrained by the promulgation of voluntary guidelines. From the case study, we suggest that the International Integrated Reporting Council may face two hurdles: First, organisations may define social norms based on a broader definition of stakeholders than the definition currently published by the IIRC. The second hurdle is to convince report preparers that adopting integrated reporting 〈IR〉 will positively impact on capital flows. (shrink)

Frank Michelman’s recent book Constitutional Essentials. On the Constitutional Theory of Political Liberalism is discussed from a specific angle, related to how Rawls’s ‘deflection procedure’ – called by Michelman ‘justification by constitution’ – is affected by two recent innovations in the paradigm of political liberalism: first, the extension of reasonable pluralism to a family of liberal political conceptions of justice that coexist in a liberal-democratic society; second, the idea of legitimation based on the criterion of reciprocity, aimed at supplementing the (...) liberal principle of legitimacy. In the attempt to probe Michelman’s assessment of the impact of these two innovations, three critical points are mentioned, for each of them, that suggest a somewhat more sceptical attitude than Michelman’s about the capacity of ‘justification by constitution’ to remain substantially unaltered, once these innovations are in place. (shrink)

One of the foremost intellectuals of our time, Pierre Bourdieu has had a resounding impact on a wide range of scholarly disciplines, from linguistics, sociology, and education to art history, philosophy, and literary criticism. Scholars of religion, however, have been relatively slow to mine the theoretical riches that researchers in other fields have uncovered in Bourdieus theory of practice, surely in part because Bourdieu actually wrote little about religion. Lately, though, Bourdieu is commanding respect in religious studies as a social (...) theorist of the stature and relevance of Durkheim, Marx, and Weber, whose own writings on religion are those that Bourdieu most admired. Through careful analysis of Bourdieus social theory in general and his writings on religion in particular, along with a summary of some emerging uses of Bourdieu in religious studies, in Bourdieu on Religion: Imposing Faith and Legitimacy Terry Rey introduces Bourdieu's theory of practice and demonstrates its range of utility to the study of religion. In light of Bourdieu's overarching aim to expose the sources of social inequalities, his work is shown to be especially apt for studies on the relationship between religion, class, and social power; religion, race, and ethnicity; and religion and colonial conquest. (shrink)

Name der Zeitschrift: Der Islam Jahrgang: 93 Heft: 2 Seiten: 609-614.

In this article, I address the question: what kind of normative principles should regulate the governance processes through which migration across international borders is managed? I begin by contrasting two distinct categories of normative controversy relating to this question. The first is a familiar set of moral controversies about justice within border governance, concerning what I call the ethics of exclusion. The second is a more theoretically neglected set of normative controversies about how institutional capacity for well functioning border governance (...) can best be achieved, concerning what I call the constitution of control of international borders. I argue that progress can be made in resolving controversies of the latter kind by applying a new normative theory of political legitimacy, distinct from the moral theories of justice routinely applied to ethics of exclusion controversies. On the ‘collective agency’ model of political legitimacy that I propose here, principles of political legitimacy have the regulatory role of combating complex collective action problems that may otherwise impede an institution’s collectively valuable functions. Through applying this theory, I sketch some provisional prescriptions for the design of international border governance institutions that may follow from the demand for strengthening their political legitimacy. (shrink)

Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion of (...) private property presupposed by that question is a product of the entity it is supposed to help legitimise: the state. We anchor our genealogical critique in recent work on ideology in epistemology and philosophy of language, and in current debates on the methodology of political theory. But, unlike more traditional approaches that aim to debunk whole concepts or even belief systems, we propose a more targeted, argument-specific form of ideology critique. (shrink)

Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends (...) to the substantive justification of democratic decisions. I shall argue against this interpretation and suggest a procedural interpretation instead. On this view, public reason is invoked when it comes to the political justification of the principles that should govern the process of democratic decision-making, but not – at least not directly – in relation to the content of public deliberation. (shrink)

Progress in machine learning and artificial intelligence has spurred the widespread adoption of automated decision systems (ADS). An extensive literature explores what conditions must be met for these systems' decisions to be fair. However, questions of legitimacy -- why those in control of ADS are entitled to make such decisions -- have received comparatively little attention. This paper shows that when such questions are raised theorists often incorrectly conflate legitimacy with either public acceptance or other substantive values such (...) as fairness, accuracy, expertise or efficiency. In search of better theories, we conduct a critical analysis of the philosophical literature on the legitimacy of the state, focusing on consent, public reason, and democratic authorisation. This analysis reveals that the prevailing understanding of legitimacy in analytical political philosophy is also ill-suited to the task of establishing whether and when ADS are legitimate. The paper thus clarifies expectations for theories of ADS legitimacy and charts a path for a future research programme on the topic. (shrink)

The discussion of political normativity is a core controversial issue in Bernard Williams’s realist theory of legitimacy. This article attempts to demonstrate that the political normativity in his theory of legitimacy should be comprehended based on his theory of liberty, where Williams’s notion of the cost in liberty is vital to this picture. It has this status in virtue of the realist characteristics of his theory of legitimacy, of the significance of coercive issues behind this realist theory (...) of legitimacy. Interpreting Williams’s theory of legitimacy from the perspective of the notion of the cost in liberty satisfies an inherent requirement for a realist theory of legitimacy that it should be closely associated with the attitudes of its subjects. For Williams, the normative value of legitimacy ultimately embodied in its realisation of compatible protection for the freedoms of individuals. This protection process is carried out through the political. Moreover, this process reflects a historical self-consciousness, thereby meeting Williams’s insistence that a realistic political theory should have a historical dimension. (shrink)

The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz’s service conception of authority, it explores whether the IIPR lives up (...) to its promises by enabling co-ordination between states over IP rights without undermining the initial balance on which it is founded, struck between developing and developed countries, as well as between international protection of IP- cum-trade rights and domestic regulatory autonomy. It does so by classifying the historical evolution of the IIPR under three different phases: (i) its foundation, (ii) before, and (iii) after the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the success of the regime in finding a balance between conflicting interests before the TRIPS-plus era. Later, it underlines the many challenges that come with linking the IIPR to the investment regime and argues that the FTAs and frequent regime-shifting activities put further pressure on the authority and legitimacy of the regime. Stressing the importance of democratic participation for the legitimacy of any co-ordinative authority, the article casts doubt on the IIPR’s legitimacy and concludes by raising some points to overcome the ongoing legitimacy challenges. -/- . (shrink)

In democratic theory, “legitimacy” refers to the set of conditions that must be in place in order for the claims to authority of somebody to be deemed appropriate, and for their claims to compliance to be warranted. Though criteria of legitimacy have been elaborated in the context of democratic states, there is no reason for them not to be drawn up, with appropriate amendments, for other kinds of authority structures. This paper examines the claims to authority made over (...) researchers by international bodies governing research ethics, who exercise their authority by the research ethics guidelines they produce (including recent revisions to the Declaration of Helsinki and CIOMS Guidelines). We argue that discussions of such bodies and sets of guidelines often elide questions of justification and questions of legitimacy, and that the grounds that might allow us to mount a strong case for the latter are at present sorely underdeveloped. (shrink)

Extraterritorial border controls prevent migrants from arriving at the territory of the state and effectively undermine rights to apply for asylum and protections against non-refoulement. As a result, a wealth of scholarship argues that external border controls are illegitimate exercises of state power. This paper challenges two versions of this argument, first, the claim that carrier-sanctions are illegitimate because they subject migrants to morally impermissible forms of coercion and, second, the claim that carrier-sanctions are illegitimate because they subject migrants to (...) illegitimate claims to authority.Against coercion-based accounts of legitimacy, this paper defends the view that while carrier-sanctions are coercive, the coerciveness of a policy is not relevant to its legitimacy. What is relevant is instead whether the authority claimed by the state is legitimate. Against authority-based accounts, this paper argues that states are unable to claim authority in the relevant sense over migrants that are present in the territories of other states.The paper concludes by suggesting that the charge that carrier-sanctions are illegitimate should shift towards the state that allows carriers to enforce these policies on their territories. No state has the legitimate authority to permit other states to pressure carriers to prevent migrants in need of protection from travelling. The state that introduces carrier-sanction legislation, on the other hand, is not exercising illegitimate authority though they may act contrary to demands of justice. (shrink)

This article discusses consumer activism not as an ethical, but as a political phenomenon. A political concept of consumer activism implies, first, that consumers sometimes express support or opposition to products and services or consumer and business practices at least partly in order to advance nonmarket agendas, and, second, that consumer activism in the economic sphere occasionally has palpable impact on the organization of social life. Early contributors to the debate were optimistic that political consumer activism might be able to (...) extend democracy into the economic sphere. In recent years, however, scholars have increasingly voiced misgivings about this, arguing that political consumer activism may suffer from a democratic deficit: it may amount to an impermissible form of vigilantism or facilitate the illegitimate conversion of market power into political power. This article systematizes and reassesses these concerns, focusing in particular on arguments that dispute the compatibility of political consumer activism with liberal democracy as a procedural ideal. I conclude that political consumer activism does not face problems to do with legitimacy in this regard, most importantly because money does not play a more important role in market-based politics than in official democratic processes. Political consumer activism takes many forms, yet it is hardly ever about voting with the pocketbook. (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)

This essay argues for the conceptual connection of legitimacy, resistance and ‘the people’ within liberal theories of public justification by making two primary claims: that legitimacy and resistance are mutually constitutive of one another and that together legitimacy and resistance are constitutive of an aspirational conception of ‘the people’. These claims revolve around the idea that the legitimacy of democratic regimes necessarily entails the questioning of that legitimacy through resistance, which concerns demands that say something (...) about the makeup of ‘the people’. The concern is conceptual, examples of resistance showing how the conceptual connection manifests itself. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology (...) further and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (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 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)

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)

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

This book offers a systematic treatment of the requirements of democratic legitimacy. It argues that democratic procedures are essential for political legitimacy because of the need to respect value pluralism and because of the learning process that democratic decision-making enables. It proposes a framework for distinguishing among the different ways in which the requirements of democratic legitimacy have been interpreted. Peter then uses this framework to identify and defend what appears as the most plausible conception of democratic (...) legitimacy. According to this conception, democratic legitimacy requires that the decision-making process satisfies certain conditions of political and epistemic fairness. (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)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others (...) associate it with the justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that (...) all members of society benefit from capitalist production on the other. We therefore propose a fundamental shift to moral legitimacy, from an output and power oriented approach to an input related and discursive concept of legitimacy. This shift creates a new basis of legitimacy and involves organizations in processes of active justification vis-à-vis society rather than simply responding to the demands of powerful groups. We consider this a step towards the politicization of the corporation and attempt to re-embed the debate on corporate legitimacy into its broader context of political theory, while reflecting the recent turn from a liberal to a deliberative concept of democracy. (shrink)

The text provides a political reading of Shakespeare’s Macbeth, claiming that the play is responding to the curious connection between witchcraft and state power in the preceding century, as well as contemporary political events. Namely, practices variously labeled as witchcraft, magic, conjuring were an integral aspect of English politics and struggles over royal succession in the sixteenth century; even more so were the witch hunts and attempts by British monarchs to control witchcraft. These issues reached a head with the accession (...) of James VI of Scotland to the English throne in 1603, and the Gunpowder Plot in 1605. On the surface, Shakespeare’s play, written in the immediate aftermath of the failed attempt at regicide, brings these historical and political issues together in an effort to legitimize James’ rule. However, the article shows that a closer look reveals a more complicated, indeed subversive undercurrent at play. Paradoxically, while Macbeth does provide James with legitimacy, at the same time it calls into question the grounds of that legitimacy. (shrink)

The text provides a political reading of Shakespeare?s Macbeth, claiming that the play is responding to the curious connection between witchcraft and state power in the preceding century, as well as contemporary political events. Namely, practices variously labeled as witchcraft, magic, conjuring were an integral aspect of English politics and struggles over royal succession in the sixteenth century; even more so were the witch hunts and attempts by British monarchs to control witchcraft. These issues reached a head with the accession (...) of James VI of Scotland to the English throne in 1603, and the Gunpowder Plot in 1605. On the surface, Shakespeare?s play, written in the immediate aftermath of the failed attempt at regicide, brings these historical and political issues together in an effort to legitimize James? rule. However, the article shows that a closer look reveals a more complicated, indeed subversive undercurrent at play. Paradoxically, while Macbeth does provide James with legitimacy, at the same time it calls into question the grounds of that legitimacy. nema. (shrink)

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

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)

International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards fo...

In this paper I respond to Bernd Krehoff’s article ‘Legitimate Political Authority and Sovereignty: Why States Cannot Be the Whole Story’. I criticize Krehoff’s use of Raz’s theory of authority to evaluate the legitimacy of our political institutions. Krehoff argues that states cannot (always) claim exclusive authority and therefore cannot possess exclusive legitimacy. Although I agree with his conclusion, I argue that the questions of legitimacy and (Razian) authority are distinct and that we need to focus more (...) on the former in order to really support and defend Krehoff’s conclusions. (shrink)

Does the politicization of international authority help to reduce democratic deficits beyond the state? In this paper I argue that politicization provides a useful springboard for remedying democratic deficits at the EU and global level. Despite this promise, there are a range of concerns that inhibit a direct relationship between politicization and increased democratic legitimacy. The paper unpacks what politicization is and how it might relate to democratic legitimacy. It then argues that problems surrounding representation – in particular (...) the constructivist view of representation – complicates this relationship. Significantly the notion of mobilization generates suspicions of democratic representational legitimacy. In response, the paper details a framework for assessing the democratic legitimacy of representative claims under conditions of politicization that responds to the aforementioned concerns. This framework is briefly applied to the cases of TTIP and TPP to show its merits. (shrink)

This book addresses the 'legitimacy gap' created by the removal of religion as a source of legitimacy for the foundation of secular states, when many of the world's states are still profoundly religious but require procedural, rather than substantive, grounds for constitutional arrangements.

The use of Genetic Modification in food is the subject of deep political disagreement. Much of the disagreement involves different perceptions of the kinds of risks posed by pursuing GM food, and how these are to be tolerated and regulated. As a result, a primary institutional site of GM food politics is regulatory agencies tasked with risk assessment and regulation. Locating GM food politics in administrative areas of governance regimes produces unique challenges of democratic legitimacy, conventionally secured through legislative (...) channels. In particular, debate over the ends of a society’s policy on GM food inevitably continues in these institutional locations, despite conventional instrumental understandings of administrative legitimacy resting on effective application of ‘ends-means’ norms. This paper assesses the two major regulatory frameworks currently applied to GM food—the ‘precautious’ and ‘proof of harm’ approaches—and presents their respective limits in securing the procedural and substantive dimensions of the legitimacy of administrative deference in democratic societies. On the basis of these criticisms, a synthesized and emergent approach—‘experiential precaution’—is presented as having the resources to deepen the legitimacy of risk governance institutions in the case of GM food. It is characterized by deepened participatory practices of negotiated rulemaking and inclusion of further substantive requirements in approval criteria. (shrink)

Degradations of environmental quality often pose severe harms or at least adverse effects to individuals and societies. Perceiving any environmental pollution thus appears to be connected with an implicit claim for its prompt and complete removal. For example, the oil-spill from the "Prestige" accident at the western Spanish shoreline is surely still in everyone's mind, where—in a somewhat Sysiphos-effort—a lot of helpers tried to remove the huge masses of oil mud, washed repeatedly ashore. However, alternative rehabilitation conceptions are also conceivable (...) for certain pollution problems, which may be less unhealthy and possibly more efficient. Among them, taking advantage of natural occurring processes, which are grouped in this context as "natural attenuation" (NA), is an emerging and challenging but possibly also a questionable approach. NA as remediation strategy is, therefore, often discussed controversially among experts and actors as well as in the public (Teutsch/Rügner 2000). This is partly due to still open scientific or technical questions but also due to legitimacy problems of natural attenuation on ethical and juridical levels (Steffens et al. 2002; Heinz 2002). Therefore, a balanced view on adequate natural attenuation seems to be necessary. The following analysis will review NA as rehabilitation means from the normative perspective, giving some general statements—and thus orientation—for public policy making as well as for the administrative level. (shrink)

ABSTRACTI will sketch an evolutionary map of the four versions of Chineseness and explore the corresponding changes in the ideologies of the Chinese culture. A focal point is to diagram the shifting currents of moral realism vs. nihilism, cultural universalism vs. particularism and to explain how political legitimacy becomes entangled with personal identity and, as an example, how chaste widows can constitute a potent political rhetoric.

Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to (...) a scheme of cooperation interact? (3) How should the costs and benefits produced by cooperation be distributed? Legitimacy concerns (1), whereas justice applies to (2) and (3). Although the appropriateness of proceduralism is debatable in relation to (3), it seems well equipped to address the justice-related question in (2). And it does so by focusing on the inherent moral acceptability of the way in which persons are treated by the procedures through which they interact. (shrink)

The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and moral (...) environment of mutual respect. According to Waldron, well-drafted narrow hate speech bans are not democratically illegitimate, and they do not undermine systemic democratic legitimacy – that is, the legitimacy of a democratic political system. In contrast to Waldron, I will argue that democratic legitimacy requires viewpoint neutrality to respect persons as thinking agents. I will defend a civil libertarian doctrine of viewpoint neutrality, and this doctrine requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any political viewpoint or idea, even if it is morally wrong to express, or expose others to, such views. It will be argued that any viewpoint-based restriction on public discourse (including narrow hate speech bans) is democratically illegitimate, and that such restrictions undermine systemic democratic legitimacy. (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)