Some libertarians tend to advocate the wide availability of cognition-enhancing drugs beyond their current prescription-only status. They suggest that certain kinds of drugs can be a component of a prudential conception of the ‘good life’—they enhance our opportunities and preferences; and therefore, if a person freely chooses to use them, then there is no justification for the kind of prejudicial, authoritative restrictions that are currently deployed in public policy. In particular, this libertarian idea signifies that if enhancements are a prudential (...) ‘good’ for the user, then this can also be construed as a moral good for all rational agents. If this argument is successful, there can be no substantial distinction between the categorical benefits of enhancement, and what is labeled as an enhancement technology. In this paper, I argue that the exclusivity of egotistical choice, and an uncritical deployment of enhancement as a prudential good, underplays the role of a social and political community when creating a procedurally just and effective public policy. Principally, the argument is devoid of any ethical system to permit the external—and therefore public–appreciation of the social context of moral decisions. In effect, libertarian arguments of this sort must disregard any ideas of public ethics, because the liberty to use whatever means available to gain a socio-economic advantage actually extinguishes any professed legitimation strategy. Escaping the procedural aspects of public policy, which are considered integral to authoritative coherence, results in the erosion of any moral obligations. Thus, in a libertarian society, disenfranchised individuals—such as those harmed through addiction—are the unlucky or superfluous product of a liberal and ‘progressive’ society. (shrink)

This article combines a pragma-dialectical conception of argumentation, a sociological conception of legitimacy and a sociological theory of the political field. In particular, it draws on the theorization of the political field developed by Pierre Bourdieu and tries to determine what new insights into the concept of strategic maneuvering might be offered by a sociological analysis of the political field. I analyze a speech made by the President of Romania, Traian Băsescu, following his suspension by Parliament in April 2007. I (...) suggest that the argument developed in this speech can be regarded as an example of adjudication and I discuss its specificity as an adjudication in the political field in an electoral campaign. I also try to relate legitimation as political strategy to strategic maneuvering oriented to meeting the contradictory demands of the political field, which I see—following Bourdieu—as involving a double political game, a game of democratic representation and a game of power. (shrink)

This paper argues that the choice of backing to certify the authority of a warrant requires a legitimation inference. When brought into question, such an inference becomes a claim defended by showing sound reasons for the selection of backing pertinent to a shared context. Legitimation controversies ensue when an attributed consensus meets objection. It is argued that attention to legitimation controversies renders the Toulmin model a more useful critical paradigm for investigating the development and risks of communicative (...) reasoning in a public forum. The nomination of John Tower as Secretary of Defense is employed to illustrate how critical analysis of legitimation controversies reflexively expands the domain of inquiry for informal reasoning. (shrink)

Istvan Bibó was the clandestine politological authority during the late Kadar period, and was rediscovered after the fall of communism. The essay examines and reconstructs the notions of elite and legitimation in Bibó''s political philosophy. As a young thinker he confronted the value crisis between the two world wars. He was influenced by Oswald Spengler''s and Ortega y Gasset''s theories of elites. The essay analyses the similarities and differences in their views. In Bibó''s conceptual world, the theory of elites (...) is connected with the issue of legitimation, because in his opinion the crisis of elites always results in a crisis of legitimation. Bibó''s analysis of elites, their social responsibilities as well as the types of legitimization are highly instructive for us since they help us rethink our conceptions of the social roles of elites and political legitimation under conditions of globalisation. (shrink)

This essay critically examines Joseph Rouse's arguments against, what he dubs, the "legitimation project", which are the attempts to delimit and justify the scientific enterprise by means of global, "a priori" principles. Stipulating that a more adequate picture of science can be obtained by viewing it as a continuously transforming pattern of situated activities, Rouse believes that only by refocusing attention upon the actual practice of science can philosophers begin to detach themselves from the irresolvable epistemological problems that have (...) remained the primary byproduct of the traditional philosophical approach. On closer inspection, however, Rouse's project appears susceptible to the criticism that it is either too relativistic to do the work he envisioned for it, or that it participates in the very same legitimation venture that it was intended to replace (in addition to its own brand metaphysical/epistemological problems). This unexpected outcome, moreover, suggests that such legitimation projects may be an integral component of the very practice of science, contrary to Rouse estimate. (shrink)

This study illuminates how a cross-sector social partnership legitimizes itself toward multiple internal and external stakeholders. Within a single-case study design, we collected retrospective and real time data on the partnership between Deutsche Post DHL and The United Nations Office for the Coordination of Humanitarian Affairs. Within this partnership, Deutsche Post DHL provides corporate volunteers that support disaster response after natural disasters on a pro bono basis. The main objects that needed legitimacy as well as the audiences from which legitimacy (...) was mainly sought changed over time. In addition, we identified legitimation work as occurring across objects, audiences, and time. Thus, we introduce legitimation work as the purposeful effort of the legitimacy seeker to avoid certain issues while ensuring other issues that are of importance to the conferrer of legitimacy. These findings contribute to micro-level considerations within institutional theory which view legitimacy as socially constructed between legitimacy seeker and conferrer. Hence, we add another perspective on legitimation to the previously existing conceptualizations of legitimacy as a deterministic consequence of institutionalization. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

Theorizing about the legitimacy of international institutions usually begins with a framing assumption according to which the legitimacy of the state is understood solely in terms of the relationship between the state and its citizens, without reference to the effects of state power on others. In contrast, this article argues that whether a state is legitimate vis-a-vis its own citizens depends upon whether its exercise of power respects the human rights of people in other states. The other main conclusions are (...) as follows. First, a state’s participation in international institutions can contribute to its legitimacy in several ways. Second, when international institutions contribute to the legitimacy of states, their doing so can contribute to their own legitimacy. Third, a theory of international legitimacy ought to recognize reciprocal legitimation between states and international institutions. (shrink)

Fullerand Rouse are both political social epistemologists concerned with the cognitive authority of science, though both disagree on what role it should play in science. Fullerar gues that political factors such as knowledge policy and a constitution play a primary role in the global legitimation of scientific knowledge, while Rouse holds that politics play a role on the local (practices) level but not on the global (metascientific) level of legitimation. While Fullerpr ovides a political response to the (...) class='Hi'>legitimation project, Rouse rejects the legitimation project because he holds that it involves the need forglobal legitimation of the place of scientific knowledge in our culture. Key Words: legitimation project • social epistemology • epistemic sovereignty • metascience • scientific knowledge. (shrink)

In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by (...) Habermas in Faktizität und Geltung. In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability. (shrink)

Most political theorists became acquainted with the work of Jürgen Habermas through his 1973 publication of Legitimationsprobleme im Spätkapitalismus (which became available in English two years later as Legitimation Crisis). In this work, Habermas argued that the traditional Marxist analysis of crisis tendencies in the capitalist system was outdated, given the relative success of the welfare-state compromise. He claimed instead that crisis tendencies generated in the economic sphere would be displaced, via state action, into the cultural sphere. This would (...) in turn create problems of social integration, undermining many of the resources that the state requires for its ongoing management of the economy. In particular, it creates the possibility of a large-scale loss of legitimacy for government institutions. Even though this thesis was not especially new, Habermas’s analysis offered the promise of a more rigorous formulation of the mechanism through which these undesirable cultural sideeffects would be generated. However, Habermas billed his discussion in Legitimation Crisis as only a set of “programmatic” suggestions. Despite being provocative, they were in no sense articulated at a satisfactory level of detail. Unfortunately, despite the fact that Habermas has gone on to a considerable refinement of his broadly sociotheoretic views, he has never returned to an explicit treatment of the principal issues raised in Legitimation Crisis. Nevertheless, through a number of brief discussions that appear in his later work, it is possible to piece.. (shrink)

A revival of Confucianism in post-Mao China helped the government legitimate its power in the face of a new socio-political and economic situation. This paper specifically explores the role of Confucian self-cultivation in China’s governance. Drawing on Beetham’s theory of legitimation of power and Weber’s tri-typology of authority, we argue that self-cultivation, appealing to ingrained cultural values and traditions, fulfils the criteria of legitimation of power through two principles, namely, differentiation and community interest. In the context of suzhi (...) education and China’s national university entrance exam, we interrogate tensions and paradoxes between the need for a presentation of modern and liberal authority and the CCP’s one-party rule. The paper illustrates the complexity of China’s authoritarianism and the intricacies and intrinsic relevance of self-cultivation in current practice. (shrink)

This article analyses the rhetorical legitimation strategy of post-Soviet Uzbekistan under Islam Karimov as an authoritarian state. I show that the most important mode of legitimation in this case is neither the consequentialist appeal to stability, order or welfare, nor a direct appeal to guardianship, i.e., special knowledge. Rather, Karimov and his court intellectuals seek to advance a conception of 'ideology' as the comprehensive pre-political consensus of the political community. Their concept of 'ideology' is used to advance a (...) political logic whereby the nature of the political community, the purpose of the state, the unifying political telos and the present regime are fused into a single entity. This ontological fusion is presented as a hegemonic reality and occurs at the pre-political level, resulting in the vanishingly small space left over for politics that characterizes authoritarian systems. I then suggest that such analysis of the hegemonic strategy of authoritarian regimes, and above all the teleological conception of politics it advances, is a superior approach to authoritarian legitimation than the search for explicit 'consequentualist' versus 'principled' arguments. (shrink)

Since James Carroll (1971) made a strong case for “participatory technology”, scientists, engineers, policy-makers and the public at large have seen quite a number of different approaches to design and implement participatory processes in technology assessment and technology policy. As these participatory experiments and practices spread over the last two decades, one could easily get the impression that participation turned from a theoretical normative claim to a working practice that goes without saying. Looking beyond the well-known forerunners and considering the (...) ambivalent experiences that have been made under different conditions in various places, however, the “if” and “how” of participation are still contested issues when questions of technology are on the agenda. Legitimation problems indicate that attempts to justify participation in a given case have not been entirely successful in the eyes of relevant groups among the sponsors, participants, organizers or observers. Legitimation problems of participatory processes in technology assessment and technology policy vary considerably, and they do so not only with the two domains and the ways of their interrelation or the specific features of the participatory processes. If we ask whether or not participation is seen as problematic in technology assessment and technology policy-making and in what sense it is being evaluated as problematic, then we find that the answer depends also on the approaches and criteria that have been used to legitimize or delegitimize the call for a specific design of participation. (shrink)

The author analyzes fictions of legal positivist philosophy and their role in the scientific legitimation of modern law and political domination. The original function of legalist fictions was the establishment of legal science, which would be autonomous and independent of other social sciences and public morality. In the second half of the 20th century, legal positivist philosophy has nevertheless adopted the fiction of the just law as its scientific legitimation fiction and incorporated moral and political discourse into legal (...) science, again.Legal positivism and its critiques within the discourse of the sociology of law and critical legal science keep the image of a hierarchical and centralized legitimation of law. Paradoxically, current legal philosophy and theory searching for a universally valid legitimation scheme is full of many different legitimations and reveals their growing plurality and the impossibility of establishing one sovereign legitimation scheme in the current social, theoretical and political condition. (shrink)

I examine the way in which President Islam Karimov of Uzbekistan has attempted to legitimate authoritarian rule since the transition from communism. A comparison is made between late-Soviet modes of authoritarian legitimation and those of the Karimov regime, and the success of the project at the conceptual level is examined. The article closes with a consideration of the implications of this study for evaluating Juan J. Linz's classical thesis on the relationship between authoritarianism and ideology and some general propositions (...) on the structure of authoritarian legitimation. (shrink)

The Arab Spring uprisings that led to the downfall of erstwhile authoritarian regimes in Egypt, Tunisia and Libya heralded the end of a state system introduced into the Middle East and North Africa by imperialist powers after the First World War. Characterized by an authoritarian model of modernization and secularization from above, these regimes are challenged by the rise of political Islam and its ideology of a transnational ‘ummah’. Islamist parties that have come to power in Egypt and Tunisia, however, (...) have proven remarkably unsuccessful in stabilizing governments and writing new constitutions. Are democracy and a religious revival compatible? What will replace the spent legitimacy of these regimes across the region? The legitimation crises of the Arab world have transnational dimensions as well as being influenced by the politics and attitudes of diasporic populations in Europe who need to contend with a different model of church–state relations referred to as ‘the Protestant model of religion’. Contemporary Turkey, which was often pointed to as a successful model of the synthesis of Islam with a pluralist representative democracy, is itself in the throes of another legitimation crisis in the aftermath of the Gezi Park protests which took place in the summer of 2013. What does all this bode for the region? (shrink)

This paper distinguishes between the concepts of justification and legitimation with a view to offering a normative standard for global justice compatible with cultural pluralism. According to this distinction, justification is presented as an idealized, substantive and top-down enterprise rooted in the moral and metaphysical substrate of a specific culture. On the other hand, legitimation has a procedural and factual connotation and derives its strength from the success of some culturally independent but historically situated practice (bottom-up approach). Building (...) on this distinction, I argue that justification and legitimation should be made complementary for the sake of cross-cultural dialogue. (shrink)

Cet article examine la notion de légitimation de l’État constitutionnel démocratique. Après avoir traité la question de la reconstruction de la cohérence entre démocratie et droits de l’homme, l’auteur aborde les critiques adressées à cette conception des droits de l’homme, tant dans le discours de l’Occident sur lui-même que dans le discours que d’autres cultures tiennent sur lui. Ces réflexions présentent cependant le type occidental de légitimation comme une réponse aux défis universels auxquels ne sont plus soumis de nos jours (...) uniquement la civilisation occidentale. (shrink)

Longtemps ignorée en France, la télévision a été un objet de légitimation académique des Sic. Les recherches d'abord inscrites dans l'interdiscipline mais oeuvrant dans une perspective mono ou transdisciplinaire ont donné naissance à une optique inter-disciplinaire qui a mis à jour toute sa portée heuristique. Favorisée par des mesures institutionnelles, la recherche sur ce média a permis de préciser un positionnement par rapport aux autres disciplines.Even if television remained marginal in France for a long time, it has constituted a subject (...) for the legitimisation of IC studies. It was first analysed by researchers belonging to this interdiscipline but working from a single or transdisciplinary perspective, and then apprehended from an interdisciplinary standpoint which brought to light its full heuristic scope. Research into this medium, which was recently made easier by institutional measures, has enabled those working in this field to define their position regarding other disciplines. (shrink)

Ideology as description and ideology as legitimation The Marxian concept of ideology has been subjected to various types of criticism. Some criticism derives from the concept’s internal difficulties. Other criticism stems from the historical evolution of ideological forms. The article argues that a shift which is often presented as an overcoming of ideology is rather to be seen as a transformation of ideology, which in turn calls for a transformation of our conceptions of ideology. The article thus focuses on (...) the trend towards the replacement of a paradigm of justification by legitimation by a paradigm of justification by description. (shrink)

Les définitions de la rationalité fondées sur les seules ressources des activités communicationnelles et des formes de vie qui leur sont liées se heurtent à des difficultés dont la tentative de Habermas constitue un eminent exemple. La question de la légitimation en constitue la pierre de touche; elle est au coeur de la controverse qui oppose Apel à Habermas et de ce qui les conduit à chercher différemment une issue dans les prétentions à la validité que renferment à leurs yeux (...) les activités communicationnelles. Leur mobilisation d’un modèle pragmatique de la rationalité s’articule ainsi à la recherche d’un élément inconditionné dans lequel on peut voir une source majeure d’apories et de désaccords quant aux solutions respectivement envisagées. Cette situation conduit à se demander 1) si le concept de « rationalité communicationnelle » n’est pas intrinsèquement affecté par l’ambiguïté qui associe à l’argumentation et à l’immanence des pratiques communicationnelles l’idée d’une légitimation, elle-même liée à une transcendance que celles-ci paraissent exclure, 2) si un éclairage, à défaut d’une issue, ne résiderait pas dans une meilleure compréhension des liens qui associent le nécessaire à l’arbitraire.The possibility of defining the rationality upon the only basis of communicative actions and forms of life lies at the root of several difficulties, of which Habermas’ attempts give a very significant example. Legitimation is its touchstone. It is the central point of the Apel-Habermas controversy and it is the basis of its latest developments. Apel and Habermas are both seeking an out- come by looking at " claims to validity " which they consider to be embodied in communicative actions. So they appeal at the same time to a pragmatist account of rationality and to some Unconditional, which is the main source of the dilemmas and disagreements they have to cope with. One may wonder whether the kind of tension which strikes the tie relating argumentation to some " transcendant moment " is not built into the very notion of communicative rationality. But one may also wonder whether some illumination, if not outcome, might not consist in some attempt to investigate the very connections between Necessary and Arbitrary. (shrink)

History -- Myth -- Dynamics of legitimation.

Education and knowledge have never been more important to society, yet research is segmented by approach, methodology or topic. Legitimation Code Theory or ‘LCT’ extends and integrates insights from Pierre Bourdieu and Basil Bernstein to offer a framework for research and practice that overcomes segmentalism. This book shows how LCT can be used to build knowledge about education and society. Comprising original papers by an international and multidisciplinary group of scholars, _Knowledge-building_ offers the first primer in this fast-growing approach. (...) Through case studies of major research projects, Part I provides practical insights into how LCT can be used to build knowledge by: - enabling dialogue between theory and data in qualitative research - bringing together quantitative and qualitative methodologies in mixed-methods research - relating theory and practice in praxis - conducting interdisciplinary studies with systemic functional linguistics Part II offers a series of studies of pressing issues facing knowledge-building in education and beyond, encompassing: - diverse subject areas, including physics, English, cultural studies, music, and design - educational sites: schooling, vocational education, and higher education - practices of research, curriculum, pedagogy and assessment - both education and informal learning contexts, such as museums and masonic lodges Carefully sequenced and interrelated, these chapters form a coherent collection that gives a unique insight into one of the most thought-provoking and innovative ways of building knowledge about knowledge-building in education and society to have emerged this century. This book is essential reading for all serious students and scholars of education, sociology and linguistics. (shrink)

The Iran depicted in the headlines is a rogue state ruled by ever-more-defiant Islamic fundamentalists. Yet inside the borders, an unheralded transformation of a wholly different political bent is occurring. A “liberal renaissance,” as one Iranian thinker terms it, is emerging in Iran, and in this pamphlet, Danny Postel charts the contours of the intellectual upheaval. _Reading "Legitimation Crisis" in Tehran_ examines the conflicted positions of the Left toward Iran since 1979, and, in particular, critically reconsiders Foucault’s connection to (...) the Iranian Revolution. Postel explores the various elements of the subtle liberal revolution and proposes a host of potential implications of this transformation for Western liberalism. He examines the appeal of Jürgen Habermas, Hannah Arendt, and Isaiah Berlin among Iranian intellectuals and ponders how their ideas appear back to us when refracted through a Persian prism. Postel closes with a thought-provoking conversation with eminent Iranian philosopher Ramin Jahanbegloo. A provocative and incisive polemic highly relevant to our times, _Reading "Legitimation Crisis" in Tehran_ will be of interest to anyone who wants to get beyond alarmist rhetoric and truly understand contemporary Iran. (shrink)

On the basis of internet forum and press media data, this article studies the expression of hostile attitudes towards multilingualism and multiculturalism in the context of debates about immigration. The forum data are drawn from the BBC’s Have Your Say website, which is a moderated forum that excludes polemical and abusive postings. Nevertheless, it still seems to provide its users ample opportunity for airing strongly anti-immigrant attitudes. The narratives in which these attitudes are being expressed are exemplary stories of the (...) posters’ supposed encounters with the use of foreign languages in the street, in the workplace or at school. This presence of foreign languages in the British public sphere is evaluated as being problematic and is “explained” as a result of mass immigration, which serves to reinforce the scenario of a culture mix that will destroy British “home” culture. Media coverage of immigration partly supports such vilification of multilingualism and multiculturalism, and the reports and comments often seem to be drawn from similar narrative-argumentative templates as those of the discussions on Have Your Say. In conclusion, we argue that counterspeech informed by Critical Discourse Analysis has to develop alternative narratives and figurative scenarios that question the bias against linguistic and cultural diversity. (shrink)

The paper discusses the foundation and genesis of the political society according to Locke, elaborating why the relationship between the civil society and the government is not defined in contractual terms, but by the notion of “trust”. Rehm argues against the view that Locke supports a liberal proceduralism, stressing that consent for him is indeed the necessary, but not the sufficient condition of legitimate political power: what needs to be added is action in accordance with the law of nature.

Some patients tolerate a given drug well, without adverse reactions. For others, though, an identical dose of the same medication can have toxic effects. Moreover, while a drug can be effective at relieving symptoms for some patients, it may fail to do the same for others suffering with the same disease. With such variability in treatment responses, tailoring medical interventions to individual patients has long been an aspiration of medicine. Until recently, however, medicine lacked a clear understanding of the biological (...) reasons for human variation in drug response. Attempting to adjust treatment to the individual patient, physicians have relied primarily on direct observation, trial-and-error, and, ultimately... (shrink)

The article reconsiders the generalization of neoclassical economics by modern rational choice theory. Hence, it reexamines the possible theoretical grounds or lack thereof within neoclassical economics for economic imperialism implied in much of rational choice theory. Some indicative instances of rational choice theory's generalization of neoclassical economics are reviewed. The main portion of the article addresses the question as to whether neoclassical economics allows its generalization in rational choice theory and thus legitimizes economic imperialism. Presented are a number of pertinent (...) theoretical reasons why neoclassical economics does not fully justify its generalization into rational choice as a general social theory, particularly into an overarching economic approach to social action and society. Also discussed are some theoretical implications of the rational choice generalization of neoclassical economics. The main contribution of the article is to detect lack of a strong theoretical rationale in much of neoclassical economics for rational choice theory's manifest or latent economic imperialism. (shrink)

One and many THE PLURALIST CHORUS There is a remarkable consensus on one point amongst recent thinkers and schools, even when they are otherwise radically ...

In this article I explore the underlying political philosophy of public bioethics by comparing it to technocratic authority, particularly the technocratic authority claimed by economists in Mexico in the 1980s and 1990s. I find that public bioethics - at least in the dominant forms - is implicitly designed for and tries to use technocratic authority. I examine how this type of bioethics emerged and has continued. I finish by arguing that, as claims to technocratic authority go, bioethics is in an (...) incredibly weak position, which partly explains why it has never gained the degree of public legitimacy that other technocracies have gained. I conclude by arguing for a "technocracy-lite" orientation for public bioethics. (shrink)

While much has been written on specificity (e.g., in texts on new institutional economics, agency theory, and team production theory), there are still some insights to be learnt by business ethicists. This article approaches the issue from the perspective of team production, and will propose a new form of corporate governance: enlightened corporate governance, which takes into consideration the specific investments of employees. The article argues that, in addition to shareholders, employees also bear a residual risk which arises due to (...) their specific investments. This residual risk presents a valid and legitimate basis for residual claims. In this way, employees can be seen as residual claimants due to the fact that their income depends upon a hazardous quasi rent. Therefore, this article will call on the fiduciary duty of board members to protect those employees who are exposed to such residual risks and may thus be vulnerable as a result. This leads to a fundamental change of perspective on the “theory of the firm” – a change which will adopt the theories of new institutional economics, agency theory, and team production theory in order to promote business ethics research. Against this background, enlightened corporate governance aims to follow the criterion of specific investments as a legitimate basis for residual claims. Furthermore, it seeks to understand the consequences for board members, and to promote the sharing of control and ownership. The article will close with some discussion of the implications and future prospects for business ethics. (shrink)

Critics of state sovereignty have typically challenged the state’s right to close its borders to foreigners by appeal to the liberal egalitarian discourse of human rights. According to the liberty argument, freedom of movement is a basic human right; according to the equality or justice argument, open borders are necessary to reduce global poverty and inequality, both matters of global justice. I argue that human rights considerations do indeed mandate borders considerably more open than is the norm today but that, (...) no matter how radical in its critique of state sovereignty, human rights discourse fails to address a crucial feature of this ideology. It is not enough to engage in a substantive moral argument about what the state’s moral duties are. One must also address the procedural political question of who has the legitimate authority to decide what rights and duties to act on in cases of disagreement. In addition to human rights discourse, I argue, border activists must also draw on the challenge posed to the doctrine of state sovereignty by the democratic theory of popular sovereignty. According to democratic theory, the people subject to the state’s coercive exercise of political power, and not the state itself, is ultimately the sovereign arbiter of political questions. And because foreigners are subject to the state’s border laws, democratic theory requires granting them a participatory say in setting those laws. (shrink)

The author shows that conceptions of rationality in current theories of science and law can account for neither the legitimacy of paradigm shifts nor the communitarian integrity internal to paradigms generally. He proposes an alternative conception of rationality that does.