The article sets out a framework for analysing the way discourses construct legitimation for social practices in public communication as well as in everyday interaction. Four key categories of legitimation are distinguished: 1) ‘authorization’, legitimation by reference to the authority of tradition, custom and law, and of persons in whom institutional authority is vested; 2) ‘moral evaluation’, legitimation by reference to discourses of value; 3) rationalization, legitimation by reference to the goals and uses of institutionalized (...) social action, and to the social knowledges that endow them with cognitive validity; and 4) mythopoesis, legitimation conveyed through narratives whose outcomes reward legitimate actions and punish non-legitimate actions. Examples are drawn from texts legitimating or de-legitimating compulsory education, including children’s books, brochures for parents, teacher training texts, and media texts. (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)

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)

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 ...

Companies disclosing negative aspects in sustainability reports often employ legitimation strategies to present mishaps in a favorable light. In incentivized experiments, we find that nonprofessional investors divest from companies with a negative sustainability-related incident, and that symbolic legitimation is not a strong enough signal to counter this divestment behavior. Even substantial legitimation mitigates the divestment decisions only if the company reports on concrete remediation actions in morally charged situations, such as social or environmental incidents. We elaborate these (...) results in light of signaling and screening theory, and suggest the conceptual extension of “costly signals” to what we call “valuable signals.” We argue that valuable signals need be not only costly for the sender from an economic perspective but also perceived as appropriate by the receiver from a noneconomic perspective. (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)

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)

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)

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)

Dennett, a philosopher, and Griffin, an ethologist, have recently presented influential arguments promoting the extended use of intentional language by students of animal behavior. This essay seeks to elucidate and to contrast the claims made by each of these authors, and to evaluate their proposals primarily from the perspective of a practicing comparative psychologist or ethologist. While Griffin regards intentional terms as explanatory, Dennett assigns them a descriptive function; the issue of animal consciousness is central to Griffin's program and only (...) tangentially related to Dennett's. The philosopher's arguments are founded upon a more coherent metaphysics, but Dennett neglects to substantiate his claim that animal competences can be most readily modelled by artificial intelligence specialists when they are described in intentional terms. Both authors assume that some examples of animal behavior should not be given an intentional characterization, but neither provides adequate guidelines for the identification of cases belonging to this negative set. (shrink)

This study analyzes the logic behind the development of environmental responsiveness in companies that are located in geographical clusters. Drawing on previous research, we contend that competitiveness and legitimation are important sources of variation in these companies’ environmental responses. In particular, the companies’ perceived rivalry, competition tracking capabilities, interaction with industry associations and network embeddedness influence their competitiveness and legitimation motivations for environmental responsiveness. We used structural equation modeling to test these hypotheses on a sample of 251-clustered agricultural (...) firms in Spain. The results support the hypotheses and provide a number of insights about the underlying motivations behind going green in geographical clusters. (shrink)

Pregnancy-based employment discrimination has long been a topic of interest for gender inequality scholars and civil rights agencies. Prior work suggests that employer stereotypes and financial interests leave pregnant women vulnerable to being fired. We still know little, however, about women’s interpretations of their terminations and how employers justify such decisions in the face of arguably protective laws. This article provides much needed, in-depth analyses of such dynamics and a relational account of pregnancy-based employment discrimination claims. Elaborating on theoretical expositions (...) of power and research surrounding the patriarchal character of organizational life, we draw on unique quantitative and qualitative data from verified cases of pregnancy-based firing discrimination. Our analyses reveal a two-pronged legitimation process where employers symbolically vilified pregnant workers while simultaneously amplifying ostensibly meritocratic organizational procedures and concerns. Pregnancy discrimination plaintiffs attempted to counter employer arguments. Yet, their limited power within the organizational hierarchy along with the culturally resonant nature of employer logics—logics that seem gender-neutral but that reify gendered assumptions and prioritize business profit—place pregnant women at a considerable disadvantage. Without attending to such cultural and structural power imbalances and the relational processes that undergird them, pregnancy discrimination will remain a significant problem. (shrink)

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)

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)

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)

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)

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 political situation into which Poland has been brought is a thoroughly revolutionary one, and it leaves Poland with no other choice but to be revolutionary or perish.".

ABSTRACT Laurel Gleason contends that deliberative polling constrains the autonomy of participants and substitutes the ideas and agendas of ?experts? for those of the deliberators. However, the format and informational constraints faced by participants in deliberative forums are no worse, and are in many ways better, than those faced by ordinary citizens. The real problem with deliberative polls is that if they were to become popular, it would be tempting for interest groups and partisan elites to create polls in which (...) the constraints and briefing materials subtly tilted the participants in a desired direction. Public criticism of biased deliberative polls would, in turn, invite biased criticism of unbiased polls. In short, ?policing? the quality of deliberative polls could recreate the very pathologies of real-world democratic discourse that the polls are designed to rectify. However, this problem is not insurmountable, because the participants themselves can police the proceedings by questioning the veracity and balance of the briefing materials. (shrink)

This article extends our understanding of the firm–nongovernmental organization relationship by emphasizing the role of language in shaping organizational behavior. It focuses on discursive and rhetorical activity through which firms and NGOs jointly – and not always consciously – define boundaries for socially acceptable corporate behavior. It explores the discursive legitimation struggles of a leading Finnish forest industry company StoraEnso and Greenpeace during 1985–2001 and examines how these struggles participated in the definition and institutionalization of corporate social responsibility. I (...) find a mixture of rational and moral struggles as a key feature of this legitimation work and show how different manifestations of these struggles act as a central mechanism that redefines what the boundaries of corporate responsibility are in a specific setting at a given point of time. The study illustrates how the actors’ ability to sense the public’s views contribute to rhetorical difficulties of the industry and unintended societal consequences for the activists, and how the rational and moral struggles build up in time to trigger changes in the actors’ sensemaking and actions. (shrink)

Laurel Gleason contends that deliberative polling constrains the autonomy of participants and substitutes the ideas and agendas of “experts” for those of the deliberators. However, the format and informational constraints faced by participants in deliberative forums are no worse, and are in many ways better, than those faced by ordinary citizens. The real problem with deliberative polls is that if they were to become popular, it would be tempting for interest groups and partisan elites to create polls in which the (...) constraints and briefing materials subtly tilted the participants in a desired direction. Public criticism of biased deliberative polls would, in turn, invite biased criticism of unbiased polls. In short, “policing” the quality of deliberative polls could recreate the very pathologies of real-world democratic discourse that the polls are designed to rectify. However, this problem is not insurmountable, because the participants themselves can police the proceedings by questioning the veracity and balance of the briefing materials. (shrink)

A large number of Swedish public authorities produce ‘platform of values’ texts that present core values. This article presents a study of how such texts and practices, including the core values they revolve around, are legitimized. Using Van Leeuwen’s legitimation framework, three different data sets are analysed: 47 ‘platform of values’ texts, a focus group discussion with seven senior HR officers, and a quantitative questionnaire study answered by civil servants at three public authorities. The analysis shows how the existence (...) of ‘platform of values’ texts and practices is legitimized through rationalizations, above all by describing the texts as concrete means for reaching specific ends and, with regard to the choice of core values, through a custom-conformity type of authority. Thus, this article addresses discursive transformations of contemporary organizations with a particular focus on available discursive space for critical thinking in the wake of New Public Management and related developments. (shrink)

We propose a formal theory of multiple category memberships. This theory has the potential to unify two seemingly unconnected theories: typecasting and identity-based form emergence. Typecasting, a producer-level theory, considers the consequences of specializing versus spanning across category boundaries. Identity-based form emergence considers the evolution of categories and how the attributes of producers entering a category shape its likelihood of gaining legitimacy among relevant audiences. Both theory fragments treat the processes by which audience members assign category memberships to producers. This (...) article develops this common foundation and outlines the arguments that lead to central implications of each theory. The arguments are formalized using modal expressions to represent key categorization processes according to the theory -building framework developed by Hannan et al. (shrink)

A new approach in science policy making named the innovation system approach has been developed during the past three decades. Its primary goal is to better understand the processes through which scientific knowledge is produced and transferred to businesses to improve their competitiveness and develop national and/or regional economies. This approach has been adopted as an analytical framework and guideline for science policy making by numerous public sector organizations around the world. Using a case study of the Canadian and Québec (...) public sectors, our research seeks to understand why the IS approach has gained the adherence of government employees and how it has been disseminated from international organizations down to regional civil servants. Findings show that adherence to the IS approach stems from the prestige of the Organisation for Economic Cooperation and Development and its associated epistemic community, and from the cultural authority science exerts on government employees; these two factors bestow cultural authority onto the IS approach. The perceived scientific validity of the IS approach also leads government employees to consider its underlying economistic worldview as an unquestionable reality. (shrink)

This study is concerned with the use of epistemic legitimising strategies in online newspaper articles dealing with the Scottish referendum. In this sense, we seek to explore cases of epistemic stance that indicate epistemological positioning and persuade readers of the veracity of propositions. Our study covers Scottish journal articles published online within 5 days prior to results day. In this article, we are interested in the way the Scottish newspapers deal with the topic of the independence referendum and the degree (...) of commitment in journalists’ choice of linguistic strategies. We analysed the newspaper articles manually but corpus tools were also used in order to verify initial findings and for statistical purposes. The results of the use of epistemic stance devices in the different categories were contrasted and our conclusions showed the preferred legitimising strategies used by journalists in the Scottish newspapers. (shrink)