Results for 'legitimacy'

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  1. Property, Legitimacy, Ideology: A Reality Check.Enzo Rossi & Carlo Argenton - forthcoming - Journal of Politics.
    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 (...)
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  2. Stakeholder Legitimacy.Robert Phillips - 2003 - Business Ethics Quarterly 13 (1):25-41.
    Abstract:This paper is a preliminary attempt to better understand the concept of legitimacy in stakeholder theory. The normative component of stakeholder theory plays a central role in the concept of legitimacy. Though the elaboration of legitimacy contained herein applies generally to all “normative cores” this paper relies on Phillips’s principle of stakeholder fairness and therefore begins with a brief description of this work. This is followed by a discussion of the importance of legitimacy to stakeholder theory (...)
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  3. Institutional Legitimacy.N. P. Adams - 2018 - Journal of Political Philosophy:84-102.
    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 (...)
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  4. Justice, legitimacy, and self-determination: moral foundations for international law.Allen E. Buchanan - 2003 - New York: Oxford University Press.
    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 (...)
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  5. Legitimacy beyond the state: institutional purposes and contextual constraints.N. P. Adams, Antoinette Scherz & Cord Schmelzle - 2020 - Critical Review of International Social and Political Philosophy 23 (3):281-291.
    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 (...)
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  6. Legitimacy and institutional purpose.N. P. Adams - 2020 - Critical Review of International Social and Political Philosophy 23 (3):292-310.
    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 (...)
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  7. Democratic Legitimacy.Fabienne Peter - 2008 - Routledge.
    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 (...)
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  8. Democratic Legitimacy and International Institutions.Thomas Christiano - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. Oxford University Press.
  9. Political legitimacy.Fabienne Peter - 2010 - Stanford Encyclopedia of Philosophy.
    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 (...)
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  10. Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
    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 (...)
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  11. Corporate Legitimacy as Deliberation: A Communicative Framework.Guido Palazzo & Andreas Georg Scherer - 2006 - Journal of Business Ethics 66 (1):71-88.
    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 (...)
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  12.  57
    The Legitimacy of the Modern Age.Hans Blumenberg - 1985 - MIT Press.
    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 ...
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  13. The legitimacy of international law.Allen Buchanan - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. Oxford University Press. pp. 79--96.
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  14.  67
    Institutional Legitimacy and Geoengineering Governance.Daniel Edward Callies - 2018 - Ethics, Policy and Environment 21 (3):324-340.
    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 (...) appropriate for geoengineering governance, outlining five normative criteria an institution ought to fulfill if it is to justifiably coordinate our action around geoengineering. (shrink)
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  15. Political Legitimacy as a Problem of Judgment.Thomas Fossen - 2022 - Social Theory and Practice 48 (1):89-113.
    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 (...)
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  16. The Legitimacy of International Law.John Tasioulas - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. Oxford University Press.
     
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  17. Legitimacy without the duty to obey.Arthur Isak Applbaum - 2010 - Philosophy and Public Affairs 38 (3):215-239.
    This article aims to make conceptual room for a view about political legitimacy called the power-liability account. The view claims that politi- cal legitimacy is a form of normative power that entails moral liability, but not necessarily a moral claim-right that entails moral duty. The power-liability account supports appealing interpretations of justified civil disobedience in the face of legitimate but unjust law at home and of justified human rights interventions that violate legitimate international law abroad. I argue here (...)
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  18.  15
    Conceptualizations of fairness and legitimacy in the context of Ethiopian health priority setting: Reflections on the applicability of accountability for reasonableness.Kadia Petricca & Asfaw Bekele - 2017 - Developing World Bioethics 18 (4):357-364.
    A critical element in building stronger health systems involves strengthening good governance to build capacity for transparent and fair health planning and priority setting. Over the past 20 years, the ethical framework Accountability for Reasonableness has been a prominent conceptual guide in strengthening fair and legitimate processes of health decision-making. While many of the principles embedded within the framework are congruent with Western conceptualizations of what constitutes procedural fairness, there is a paucity in the literature that captures the degree of (...)
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  19.  33
    Seeking Legitimacy Through CSR: Institutional Pressures and Corporate Responses of Multinationals in Sri Lanka.Eshani Beddewela & Jenny Fairbrass - 2016 - Journal of Business Ethics 136 (3):503-522.
    Arguably, the corporate social responsibility practices of multinational enterprises are influenced by a wide range of both internal and external factors. Perhaps, most critical among the exogenous forces operating on MNEs are those exerted by state and other key institutional actors in host countries. Crucially, academic research conducted to date offers little data about how MNEs use their CSR activities to strategically manage their relationship with those actors in order to gain legitimisation advantages in host countries. This paper addresses that (...)
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  20. Global Political Legitimacy and the Structural Power of Capital.Ugur Aytac - 2023 - Journal of Social Philosophy 54 (4):490-509.
    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 (...)
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  21. Political Legitimacy, Authoritarianism, and Climate Change.Ross Mittiga - forthcoming - American Political Science Review.
    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 (...)
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  22.  84
    Justice, Legitimacy, and Diversity: Political Authority Between Realism and Moralism.Emanuela Ceva & Enzo Rossi (eds.) - 2012 - Routledge.
    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 (...)
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  23. Democratic Legitimacy and State Coercion: A Reply to David Miller.Arash Abizadeh - 2010 - Political Theory 38 (1):121-130.
  24.  67
    Legitimacy-Seeking Organizational Strategies in Controversial Industries: A Case Study Analysis and a Bidimensional Model.Jon Reast, François Maon, Adam Lindgreen & Joëlle Vanhamme - 2013 - Journal of Business Ethics 118 (1):139-153.
    Controversial industry sectors, such as alcohol, gambling, and tobacco, though long-established, suffer organizational legitimacy problems. The authors consider various strategies used to seek organizational legitimacy in the U.K. casino gambling market. The findings are based on a detailed, multistakeholder case study pertaining to a failed bid for a regional supercasino. They suggest four generic strategies for seeking organizational legitimacy in this highly complex context: construing, earning, bargaining, and capturing, as well as pathways that combine these strategies. The (...)
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  25. Realism against Legitimacy.Samuel Bagg - 2022 - Social Theory and Practice 48 (1):29-60.
    This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory (...)
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  26.  9
    Legitimacy: The Right to Govern in a Wanton World.Arthur Isak Applbaum - 2019 - Harvard University Press.
    What makes a government legitimate? Arthur Isak Applbaum rigorously argues that the greatest threat to democracies today is not loss of basic rights or despotism. It is the tyranny of unreason: domination of citizens by incoherent, inconstant, incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
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  27.  54
    Legitimacy and automated decisions: the moral limits of algocracy.Bartek Chomanski - 2022 - Ethics and Information Technology 24 (3):1-9.
    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 (...)
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  28. Legitimacy, Authority, and the Political Value of Explanations.Seth Lazar - manuscript
    Here is my thesis (and the outline of this paper). Increasingly secret, complex and inscrutable computational systems are being used to intensify existing power relations, and to create new ones (Section II). To be all-things-considered morally permissible, new, or newly intense, power relations must in general meet standards of procedural legitimacy and proper authority (Section III). Legitimacy and authority constitutively depend, in turn, on a publicity requirement: reasonably competent members of the political community in which power is being (...)
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  29.  98
    Political Legitimacy Without a (Claim-) Right to Rule.Merten Reglitz - 2015 - Res Publica 21 (3): 291-307.
    In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we find (...)
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  30.  38
    Morals of legitimacy: between agency and system.Italo Pardo (ed.) - 2000 - New York: Berghahn Books.
    With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues ...
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  31.  46
    The Legitimacy of CSR Actions of Publicly Traded Companies Versus Family-Owned Companies.Rajat Panwar, Karen Paul, Erlend Nybakk, Eric Hansen & Derek Thompson - 2014 - Journal of Business Ethics 125 (3):1-16.
    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 (...)
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  32. Democratic legitimacy, political speech and viewpoint neutrality.Kristian Skagen Ekeli - 2021 - Philosophy and Social Criticism 47 (6):723-752.
    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 (...)
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  33. Financial Power and Democratic Legitimacy.Janosch Prinz & Enzo Rossi - 2022 - Social Theory and Practice 48 (1):115-140.
    To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of debtor-creditor power relations—a (...)
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  34. Democratic legitimacy and proceduralist social epistemology.Fabienne Peter - 2007 - Politics, Philosophy and Economics 6 (3):329-353.
    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 (...)
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  35. Beyond Legitimacy. Can Proceduralism Say Anything Relevant About Justice?Emanuela Ceva - 2012 - Critical Review of International Social and Political Philosophy 15 (2):183-200.
    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 (...)
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  36. Perceived legitimacy of normative expectations motivates compliance with social norms when nobody is watching.Giulia Andrighetto, Daniela Grieco & Luca Tummolini - 2015 - Frontiers in Psychology 6.
    Three main motivations can explain compliance with social norms: fear of peer punishment, the desire for others' esteem and the desire to meet others' expectations. Though all play a role, only the desire to meet others' expectations can sustain compliance when neither public nor private monitoring is possible. Theoretical models have shown that such desire can indeed sustain social norms, but empirical evidence is lacking. Moreover it is unclear whether this desire ranges over others' “empirical” or “normative” expectations. We propose (...)
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  37. The Legitimacy of Global Governance Institutions.Allen Buchanan & Robert O. Keohane - 2006 - Ethics and International Affairs 20 (4):405-437.
    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.
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  38.  55
    Legitimacy and Organizational Sustainability.Tom E. Thomas & Eric Lamm - 2012 - Journal of Business Ethics 110 (2):191-203.
    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 (...)
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  39. State Legitimacy and Religious Accommodation: The Case of Sacred Places.Janosch Prinz & Enzo Rossi - forthcoming - Journal of Law, Religion and State.
    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 (...)
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  40.  55
    Legitimacy in Realist Thought.Matt Sleat - 2014 - Political Theory 42 (3):314-337.
    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, (...)
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  41.  28
    On the Legitimacy of Law: A Conceptual Point of View.Aulis Aarnio - 1989 - Ratio Juris 2 (2):202-210.
    The author outlines a conceptually oriented rational reconstruction of crisis tendencies in modern law. The connection between problems of legitimacy and the notion of rationality is emphasized and topics involving both the theory of communicative rationality and the theory of practical reasoning (especially in law) are discussed. The author concludes that a theory transcending the traditional approaches is needed. Otherwise, we shall not be able to face the questions of jurisprudence in the future, especially as regards an assessment of (...)
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  42. State Legitimacy and Self-defence.Massimo Renzo - 2011 - Law and Philosophy 30 (5):575-601.
    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 (...)
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  43.  67
    The Legitimacy of Loan Maturity Mismatching: A Risky, but not Fraudulent, Undertaking.Philipp Bagus & David Howden - 2009 - Journal of Business Ethics 90 (3):399-406.
    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 (...)
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  44. Delibration and democratic legitimacy.Joshua Cohen - 1989 - In Derek Matravers & Jonathan Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
  45. The Legitimacy of the People.Sofia Näsström - 2007 - Political Theory 35 (5):624-658.
    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 (...)
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  46. Legitimacy, Unanimity, and Perfectionism.Joseph Chan - 2000 - Philosophy and Public Affairs 29 (1):5-42.
  47. Legitimacy, Democracy and Public Justification: Rawls' Political Liberalism Versus Gaus' Justificatory Liberalism.Enzo Rossi - 2014 - Res Publica 20 (1):9-25.
    Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of (...)
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  48.  80
    The legitimacy of the demos: Who should be included in the demos and on what grounds?Antoinette Scherz - 2013 - Living Reviews in Democracy 4.
    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 (...)
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  49.  3
    Legitimacy Revisited: Moral Power and Civil Disobedience.Arthur Isak Applbaum - 2024 - Moral Philosophy and Politics 11 (1):87-112.
    In Legitimacy: The Right to Rule in a Wanton World, I offer both a conceptual analysis of legitimacy, the power-liability view, and a substantive moral theory, the free group agency view. Here, I defend my account against three challenges brought by Kjarsten Mikalsen. First, though I argue that conceptual analysis should not prematurely close open moral questions, it is not my view that conceptual analysis must have no substantive implications. Second, though I acknowledge that free group agency ordinarily (...)
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  50. The Legitimacy of Miracle.Robert A. Larmer - 2013 - Lexington Books.
    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.
     
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