Allen Buchanan
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780198295358
- eISBN:
- 9780191600982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295359.003.0005
- Subject:
- Political Science, Political Theory
This second part of the book turns to an examination of the conditions under which it is morally justifiable to exercise political power to enforce international law in the pursuit of justice. Ch. 5 ...
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This second part of the book turns to an examination of the conditions under which it is morally justifiable to exercise political power to enforce international law in the pursuit of justice. Ch. 5 develops a justice‐based conception of political legitimacy, where “political legitimacy” is defined as follows: An entity has political legitimacy if and only if it is morally justified in exercising political power, where the exercise of political power may, in turn, be defined as the (credible) attempt to achieve supremacy in the making, application, and enforcement of laws within a jurisdiction. It is argued that an entity that exercises political power is morally justified in doing so only if it meets a minimal standard of justice, understood as the protection of basic human rights. The conception of political legitimacy offered is meant to be perfectly general, and applies to any entity that wields political power, whether at the state, regional, or international level; it is used again in Chs 6–8. The eight sections of the chapter are: I. Political Legitimacy and the Morality of Political Power; The Irrelevance of the Idea that We Owe Compliance to the Government; III. Explaining the Preoccupation with the Government's Right to be Obeyed; IV. Toward a Theory of Political Legitimacy; V. Why Should Some Persons Rather than Others Wield Political Power?; VI. Democracy and Mutual Obligations among Citizens; and VIII. Conclusions.Less
This second part of the book turns to an examination of the conditions under which it is morally justifiable to exercise political power to enforce international law in the pursuit of justice. Ch. 5 develops a justice‐based conception of political legitimacy, where “political legitimacy” is defined as follows: An entity has political legitimacy if and only if it is morally justified in exercising political power, where the exercise of political power may, in turn, be defined as the (credible) attempt to achieve supremacy in the making, application, and enforcement of laws within a jurisdiction. It is argued that an entity that exercises political power is morally justified in doing so only if it meets a minimal standard of justice, understood as the protection of basic human rights. The conception of political legitimacy offered is meant to be perfectly general, and applies to any entity that wields political power, whether at the state, regional, or international level; it is used again in Chs 6–8. The eight sections of the chapter are: I. Political Legitimacy and the Morality of Political Power; The Irrelevance of the Idea that We Owe Compliance to the Government; III. Explaining the Preoccupation with the Government's Right to be Obeyed; IV. Toward a Theory of Political Legitimacy; V. Why Should Some Persons Rather than Others Wield Political Power?; VI. Democracy and Mutual Obligations among Citizens; and VIII. Conclusions.
Rodney Barker
- Published in print:
- 1990
- Published Online:
- March 2012
- ISBN:
- 9780198274957
- eISBN:
- 9780191684104
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198274957.001.0001
- Subject:
- Political Science, Political Theory
All governments and their supporters attempt to justify their power by the arguments and rituals of legitimacy. The claim to ultimate power authorized by principles of right, morality, or destiny is ...
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All governments and their supporters attempt to justify their power by the arguments and rituals of legitimacy. The claim to ultimate power authorized by principles of right, morality, or destiny is what distinguishes the state from other organizations and institutions. The study of legitimate power thus lies at the heart of political science. This book examines the accounts that have been given of legitimacy within the principal traditions of political analysis. Drawing on recent historical examples, the book argues for a more diversified understanding of the function and the character of political legitimacy. Rulers, it suggests, are often far more concerned about legitimizing their power than those whom they govern. The book proposes the study of legitimacy as a form of political life not merely derived from other interests or purposes, but as a central characteristic of government.Less
All governments and their supporters attempt to justify their power by the arguments and rituals of legitimacy. The claim to ultimate power authorized by principles of right, morality, or destiny is what distinguishes the state from other organizations and institutions. The study of legitimate power thus lies at the heart of political science. This book examines the accounts that have been given of legitimacy within the principal traditions of political analysis. Drawing on recent historical examples, the book argues for a more diversified understanding of the function and the character of political legitimacy. Rulers, it suggests, are often far more concerned about legitimizing their power than those whom they govern. The book proposes the study of legitimacy as a form of political life not merely derived from other interests or purposes, but as a central characteristic of government.
Allen Buchanan
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780198295358
- eISBN:
- 9780191600982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295359.003.0007
- Subject:
- Political Science, Political Theory
Completes the second part of the book, and relies on the conception of political legitimacy delineated in Ch. 5 to advance a justice‐based, rather than a consent‐based, account of system legitimacy: ...
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Completes the second part of the book, and relies on the conception of political legitimacy delineated in Ch. 5 to advance a justice‐based, rather than a consent‐based, account of system legitimacy: a set of criteria that the international legal system would have to meet in order to be legitimate. Building on groundwork already laid in Chs 1 and 5, it is shown why, contrary to the dominant view among international lawyers, the consent of states cannot confer legitimacy on the international legal system. In addition, it is argued that it is a mistake to assume that political equality among states is a necessary condition for system legitimacy, and that the international legal system, like any system for the exercise of political power, ought to be democratic. It is also shown that the idea of democratizing the international legal system is an ambiguous one and should not be equated with increasing state majoritarianism in the workings of the system; the charge that the international legal system has a “democratic deficit” is valid, but it is a mistake to assume that the remedy is to make the system conform more closely to the ideal of democracy as state majoritarianism. The eight sections of the chapter are: I. The Question of System Legitimacy; II. The Case for Having an International Legal System; III. A Justice‐Based Conception of System Legitimacy; IV. The Consent Theory of System Legitimacy; I. Moral Minimalism and the Consent Theory of System Legitimacy. VI. The Instrumental Argument for State Consent as a Necessary Condition for System Legitimacy; VII. Is Democracy a Necessary Condition of System Legitimacy?; and VIII. The Pursuit of Justice in an Imperfect System.Less
Completes the second part of the book, and relies on the conception of political legitimacy delineated in Ch. 5 to advance a justice‐based, rather than a consent‐based, account of system legitimacy: a set of criteria that the international legal system would have to meet in order to be legitimate. Building on groundwork already laid in Chs 1 and 5, it is shown why, contrary to the dominant view among international lawyers, the consent of states cannot confer legitimacy on the international legal system. In addition, it is argued that it is a mistake to assume that political equality among states is a necessary condition for system legitimacy, and that the international legal system, like any system for the exercise of political power, ought to be democratic. It is also shown that the idea of democratizing the international legal system is an ambiguous one and should not be equated with increasing state majoritarianism in the workings of the system; the charge that the international legal system has a “democratic deficit” is valid, but it is a mistake to assume that the remedy is to make the system conform more closely to the ideal of democracy as state majoritarianism. The eight sections of the chapter are: I. The Question of System Legitimacy; II. The Case for Having an International Legal System; III. A Justice‐Based Conception of System Legitimacy; IV. The Consent Theory of System Legitimacy; I. Moral Minimalism and the Consent Theory of System Legitimacy. VI. The Instrumental Argument for State Consent as a Necessary Condition for System Legitimacy; VII. Is Democracy a Necessary Condition of System Legitimacy?; and VIII. The Pursuit of Justice in an Imperfect System.
Allen Buchanan
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780198295358
- eISBN:
- 9780191600982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295359.003.0006
- Subject:
- Political Science, Political Theory
Ch. 5 outlined an argument for a justice‐based general conception of what might be called internal political legitimacy: the conditions under which the exercise of political power within a political ...
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Ch. 5 outlined an argument for a justice‐based general conception of what might be called internal political legitimacy: the conditions under which the exercise of political power within a political entity's own borders is morally justified. This conception of internal political legitimacy is used in Ch. 6 as a component of an account of recognitional legitimacy (also called international legitimacy). The concept of recognitional legitimacy plays a central role in international legal institutions and international affairs, where states, governments, and insurgency movements may all be recognized or not recognized as legitimate by individual states, groups of states, or regional or international organizations. The primary focus of this chapter is recognitional legitimacy as applied to states—i.e. on the judgement that a particular entity should or should not be recognized as a member in good standing of the system of states, with all the rights, powers, liberties, and immunities that go with that status; the guiding idea of the approach is that recognition is an act with serious moral implications and, as such, ought to be governed by rules that are themselves morally justifiable. The three sections of the chapter are: The Concept of Recognitional Legitimacy; II. Justifying the Justice‐Based Theory of Recognitional Legitimacy; and III. Legitimacy of States Versus Legitimacy of Governments.Less
Ch. 5 outlined an argument for a justice‐based general conception of what might be called internal political legitimacy: the conditions under which the exercise of political power within a political entity's own borders is morally justified. This conception of internal political legitimacy is used in Ch. 6 as a component of an account of recognitional legitimacy (also called international legitimacy). The concept of recognitional legitimacy plays a central role in international legal institutions and international affairs, where states, governments, and insurgency movements may all be recognized or not recognized as legitimate by individual states, groups of states, or regional or international organizations. The primary focus of this chapter is recognitional legitimacy as applied to states—i.e. on the judgement that a particular entity should or should not be recognized as a member in good standing of the system of states, with all the rights, powers, liberties, and immunities that go with that status; the guiding idea of the approach is that recognition is an act with serious moral implications and, as such, ought to be governed by rules that are themselves morally justifiable. The three sections of the chapter are: The Concept of Recognitional Legitimacy; II. Justifying the Justice‐Based Theory of Recognitional Legitimacy; and III. Legitimacy of States Versus Legitimacy of Governments.
Erik Jones
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199208333
- eISBN:
- 9780191708985
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199208333.003.0002
- Subject:
- Political Science, Comparative Politics, Political Economy
This chapter shows how democratic corporatism and regional integration can be combined in a single model to facilitate industrialization and macroeconomic adjustment by small states. It shows how ...
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This chapter shows how democratic corporatism and regional integration can be combined in a single model to facilitate industrialization and macroeconomic adjustment by small states. It shows how democratic corporatism can be used to effect price-incomes policies and it explains why these policies are more effective in bad economic conditions than when performance is good. It examines the conditions for successful economic integration with larger countries. Finally, the chapter explains how the use of democratic corporatism and regional integration can strengthen the political legitimacy of small states. This argument is made in general terms and is not specific to Belgium and the Netherlands.Less
This chapter shows how democratic corporatism and regional integration can be combined in a single model to facilitate industrialization and macroeconomic adjustment by small states. It shows how democratic corporatism can be used to effect price-incomes policies and it explains why these policies are more effective in bad economic conditions than when performance is good. It examines the conditions for successful economic integration with larger countries. Finally, the chapter explains how the use of democratic corporatism and regional integration can strengthen the political legitimacy of small states. This argument is made in general terms and is not specific to Belgium and the Netherlands.
Allen Buchanan
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780198295358
- eISBN:
- 9780191600982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295359.003.0008
- Subject:
- Political Science, Political Theory
Begins the task of applying the justice‐based conception of political legitimacy developed in Part Two of the book to the practically urgent and theoretically vexing issues of secession and ...
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Begins the task of applying the justice‐based conception of political legitimacy developed in Part Two of the book to the practically urgent and theoretically vexing issues of secession and self‐determination. Two main theses are advanced. The first is that international law should recognize a remedial right to secede but not a general right of self‐determination that includes the right to secede for all peoples or nations; from the standpoint of international law, the unilateral right to secede—the right to secede without consent or constitutional authorization—should be understood as a remedial right only, a last‐resort response to serious injustices (the Remedial Right Only Theory). The second thesis advanced is that international legal order should encourage alternatives to secession, in particular by working for greater compliance with existing international human rights norms prohibiting ethno‐national and religious discrimination and, in some cases, by supporting intrastate autonomy regimes, i.e. arrangements for self‐government short of full sovereignty. The six sections of the chapter are: I. Introduction; II. A Justice‐Based Theory of Secession; III. Theories of Secession; IV. Recognition and the Right to Secede; V. Secession and Distributive Justice; and VI. Conclusions.Less
Begins the task of applying the justice‐based conception of political legitimacy developed in Part Two of the book to the practically urgent and theoretically vexing issues of secession and self‐determination. Two main theses are advanced. The first is that international law should recognize a remedial right to secede but not a general right of self‐determination that includes the right to secede for all peoples or nations; from the standpoint of international law, the unilateral right to secede—the right to secede without consent or constitutional authorization—should be understood as a remedial right only, a last‐resort response to serious injustices (the Remedial Right Only Theory). The second thesis advanced is that international legal order should encourage alternatives to secession, in particular by working for greater compliance with existing international human rights norms prohibiting ethno‐national and religious discrimination and, in some cases, by supporting intrastate autonomy regimes, i.e. arrangements for self‐government short of full sovereignty. The six sections of the chapter are: I. Introduction; II. A Justice‐Based Theory of Secession; III. Theories of Secession; IV. Recognition and the Right to Secede; V. Secession and Distributive Justice; and VI. Conclusions.
Rodney Barker
- Published in print:
- 1990
- Published Online:
- March 2012
- ISBN:
- 9780198274957
- eISBN:
- 9780191684104
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198274957.003.0002
- Subject:
- Political Science, Political Theory
This chapter sets out a political usage for the term ‘legitimacy’. It suggests that whatever subsequent associations or connections may be described between political legitimacy and other forms of ...
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This chapter sets out a political usage for the term ‘legitimacy’. It suggests that whatever subsequent associations or connections may be described between political legitimacy and other forms of legitimacy, it is possible to distinguish it as a feature of the relationship between government and governed, or of the processes or structures of government. It is also possible to distinguish between legitimation by specifically political claims or criteria, and legitimation by reference to other values.Less
This chapter sets out a political usage for the term ‘legitimacy’. It suggests that whatever subsequent associations or connections may be described between political legitimacy and other forms of legitimacy, it is possible to distinguish it as a feature of the relationship between government and governed, or of the processes or structures of government. It is also possible to distinguish between legitimation by specifically political claims or criteria, and legitimation by reference to other values.
Wang Shaoguang
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691154602
- eISBN:
- 9781400844845
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691154602.003.0008
- Subject:
- Political Science, Political Theory
This chapter criticizes the emphasis on privatization, the destruction of the Maoist-style emphasis on social welfare, and the growing gap between rich and poor. It argues that more needs to be done ...
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This chapter criticizes the emphasis on privatization, the destruction of the Maoist-style emphasis on social welfare, and the growing gap between rich and poor. It argues that more needs to be done to combat the inequalities generated by capitalist modernization in China. Political legitimacy is not something to be defined by moral philosophers in total abstraction from the political reality. Rather, it is a matter of whether or not a political system faces a crisis of legitimacy depends on whether the people who live there doubt the rightness of its power, and whether they consider it the appropriate system for their country. The chapter ultimately endorses a definition of legitimacy as the legitimacy of the popular will.Less
This chapter criticizes the emphasis on privatization, the destruction of the Maoist-style emphasis on social welfare, and the growing gap between rich and poor. It argues that more needs to be done to combat the inequalities generated by capitalist modernization in China. Political legitimacy is not something to be defined by moral philosophers in total abstraction from the political reality. Rather, it is a matter of whether or not a political system faces a crisis of legitimacy depends on whether the people who live there doubt the rightness of its power, and whether they consider it the appropriate system for their country. The chapter ultimately endorses a definition of legitimacy as the legitimacy of the popular will.
Lars Vinx
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199227952
- eISBN:
- 9780191711077
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199227952.001.0001
- Subject:
- Law, Philosophy of Law
Hans Kelsen is considered to be one of the founding fathers of modern legal philosophy. But despite Kelsen's prominence as a legal theorist, his political theory has been mostly overlooked. This book ...
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Hans Kelsen is considered to be one of the founding fathers of modern legal philosophy. But despite Kelsen's prominence as a legal theorist, his political theory has been mostly overlooked. This book argues that Kelsen's Pure Theory of Law needs to be read in the context of Kelsen's political theory. It offers the first comprehensive interpretation of the Pure Theory that makes systematic use of Kelsen's conception of the rule of law, his theory of democracy, his defense of constitutional review, and his views on international law. Once it is read in the context of Kelsen's political works, Kelsen's conception of legality provides the basis for a notion of political legitimacy that is distinct from any comprehensive and contestable theory of justice. It shows how members of pluralist societies can reasonably acknowledge the binding nature of law, even where its content does not fully accord with their own substantive views of the requirements of justice, provided it is created in accordance with an ideal of fair arbitration amongst social groups. This result leads to a fundamental re-evaluation of the Pure Theory of Law. The theory is best understood as an attempt to find a middle ground between natural law and legal positivism. Later positivist legal theorists inspired by Kelsen's work failed to appreciate the political-theoretical context of the Pure Theory and turned to a narrow instrumentalism about the functions of law. The perspective on Kelsen offered in this book aims to reconnect positivist legal thought with normative political theory.Less
Hans Kelsen is considered to be one of the founding fathers of modern legal philosophy. But despite Kelsen's prominence as a legal theorist, his political theory has been mostly overlooked. This book argues that Kelsen's Pure Theory of Law needs to be read in the context of Kelsen's political theory. It offers the first comprehensive interpretation of the Pure Theory that makes systematic use of Kelsen's conception of the rule of law, his theory of democracy, his defense of constitutional review, and his views on international law. Once it is read in the context of Kelsen's political works, Kelsen's conception of legality provides the basis for a notion of political legitimacy that is distinct from any comprehensive and contestable theory of justice. It shows how members of pluralist societies can reasonably acknowledge the binding nature of law, even where its content does not fully accord with their own substantive views of the requirements of justice, provided it is created in accordance with an ideal of fair arbitration amongst social groups. This result leads to a fundamental re-evaluation of the Pure Theory of Law. The theory is best understood as an attempt to find a middle ground between natural law and legal positivism. Later positivist legal theorists inspired by Kelsen's work failed to appreciate the political-theoretical context of the Pure Theory and turned to a narrow instrumentalism about the functions of law. The perspective on Kelsen offered in this book aims to reconnect positivist legal thought with normative political theory.
Rodney Barker
- Published in print:
- 1990
- Published Online:
- March 2012
- ISBN:
- 9780198274957
- eISBN:
- 9780191684104
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198274957.003.0001
- Subject:
- Political Science, Political Theory
This introductory chapter focuses on the importance of studying political legitimacy. It also provides a brief overview of the concepts of legitimacy and legitimate authority and discusses three ...
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This introductory chapter focuses on the importance of studying political legitimacy. It also provides a brief overview of the concepts of legitimacy and legitimate authority and discusses three accounts of justifiable and justified obedience. Legitimacy, in so far as it sustains government, can involve both citizenship and subjection. A study of legitimacy provides an opportunity not only to distinguish between various relations of and within government. It can also be employed to examine the various conceptions of government and politics available within political science.Less
This introductory chapter focuses on the importance of studying political legitimacy. It also provides a brief overview of the concepts of legitimacy and legitimate authority and discusses three accounts of justifiable and justified obedience. Legitimacy, in so far as it sustains government, can involve both citizenship and subjection. A study of legitimacy provides an opportunity not only to distinguish between various relations of and within government. It can also be employed to examine the various conceptions of government and politics available within political science.
Wojciech Sadurski
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545179
- eISBN:
- 9780191719905
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199545179.003.0002
- Subject:
- Law, Philosophy of Law
This chapter claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The ...
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This chapter claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring ‘puzzles’ in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, the inalienability of voting rights, and the relationship between the principle of unanimity (sometimes thought better to respect citizens' equality) and MR. Special attention is directed to the relationship between political equality and equality in the outcomes of political decisions: the claim is made that the language of equal political opportunity captures well the idea of equal political influence, in the circumstance of disagreement about what is required to achieve equal treatment through the outcomes of political decisions.Less
This chapter claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring ‘puzzles’ in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, the inalienability of voting rights, and the relationship between the principle of unanimity (sometimes thought better to respect citizens' equality) and MR. Special attention is directed to the relationship between political equality and equality in the outcomes of political decisions: the claim is made that the language of equal political opportunity captures well the idea of equal political influence, in the circumstance of disagreement about what is required to achieve equal treatment through the outcomes of political decisions.
Pierre Rosanvallon
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149486
- eISBN:
- 9781400838745
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149486.003.0002
- Subject:
- Political Science, Political Theory
This chapter argues that, in order to fully understand the significance of electoral legitimation, one has to study the way in which the individualistic legal requirement is embedded in a holistic ...
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This chapter argues that, in order to fully understand the significance of electoral legitimation, one has to study the way in which the individualistic legal requirement is embedded in a holistic vision—a vision that treats unanimity as an intrinsic moral, social, and political value. Democratic regimes had eventually adopted the principle of majority rule as a practical procedural necessity, since numerical unanimity was virtually impossible to achieve. Yet at the same time they remained under the sway of this older idea of substantive unanimity. Ultimately, this latent contradiction would eventually undermine the idea that legitimacy can spring from elections alone. In order to gauge the extent of the problem, the chapter embarks on a brief exploration of the old sense of unanimity.Less
This chapter argues that, in order to fully understand the significance of electoral legitimation, one has to study the way in which the individualistic legal requirement is embedded in a holistic vision—a vision that treats unanimity as an intrinsic moral, social, and political value. Democratic regimes had eventually adopted the principle of majority rule as a practical procedural necessity, since numerical unanimity was virtually impossible to achieve. Yet at the same time they remained under the sway of this older idea of substantive unanimity. Ultimately, this latent contradiction would eventually undermine the idea that legitimacy can spring from elections alone. In order to gauge the extent of the problem, the chapter embarks on a brief exploration of the old sense of unanimity.
Paul Weithman
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195393033
- eISBN:
- 9780199894901
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195393033.003.0011
- Subject:
- Philosophy, Political Philosophy
This chapter shows why the Rawls of Political Liberalism thinks that an overlapping consensus would obtain in, and stabilize, a well-ordered society. It explains how adherence to the ideals of ...
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This chapter shows why the Rawls of Political Liberalism thinks that an overlapping consensus would obtain in, and stabilize, a well-ordered society. It explains how adherence to the ideals of political legitimacy and public reason contribute to stability. It draws out the implications of the pluralism about justice that Rawls came to think would characterize a just liberal society. It also shows that the interpretation of Political Liberalism offered in Chapters IX and X fits with Rawls's last and fullest treatment of political justification, the treatment found in his “Reply to Habermas”.Less
This chapter shows why the Rawls of Political Liberalism thinks that an overlapping consensus would obtain in, and stabilize, a well-ordered society. It explains how adherence to the ideals of political legitimacy and public reason contribute to stability. It draws out the implications of the pluralism about justice that Rawls came to think would characterize a just liberal society. It also shows that the interpretation of Political Liberalism offered in Chapters IX and X fits with Rawls's last and fullest treatment of political justification, the treatment found in his “Reply to Habermas”.
Jennifer C. Rubenstein
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781479888696
- eISBN:
- 9781479869206
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479888696.003.0009
- Subject:
- Political Science, Political Theory
Should large-scale, Western-based humanitarian and development INGOs such as Oxfam and Doctors Without Borders be evaluated based on whether they are politically legitimate? The philosophical ...
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Should large-scale, Western-based humanitarian and development INGOs such as Oxfam and Doctors Without Borders be evaluated based on whether they are politically legitimate? The philosophical literature on political legitimacy has addressed this question with regard to non-state actors in general, but has not said much specifically about INGOs. The INGO literature has discussed issues of political legitimacy, but has focused almost exclusively on one dimension of the concept—the criteria that INGOs must meet to be politically legitimate—while largely overlooking two other dimensions: that political legitimacy is (a) a minimum threshold for (b) the moral right to rule. Bringing the full “three-dimensional” concept of political legitimacy developed in the political philosophy literature to bear on INGOs is valuable in several ways: It flips the script of traditional charity-based approaches, treats aid recipients and other subjects of INGO rule as moral and political agents capable of making and acting on moral judgments, provides a locus of agreement for people who otherwise disagree about INGOs, and works synergistically with democratic criteria for INGO political legitimacy.Less
Should large-scale, Western-based humanitarian and development INGOs such as Oxfam and Doctors Without Borders be evaluated based on whether they are politically legitimate? The philosophical literature on political legitimacy has addressed this question with regard to non-state actors in general, but has not said much specifically about INGOs. The INGO literature has discussed issues of political legitimacy, but has focused almost exclusively on one dimension of the concept—the criteria that INGOs must meet to be politically legitimate—while largely overlooking two other dimensions: that political legitimacy is (a) a minimum threshold for (b) the moral right to rule. Bringing the full “three-dimensional” concept of political legitimacy developed in the political philosophy literature to bear on INGOs is valuable in several ways: It flips the script of traditional charity-based approaches, treats aid recipients and other subjects of INGO rule as moral and political agents capable of making and acting on moral judgments, provides a locus of agreement for people who otherwise disagree about INGOs, and works synergistically with democratic criteria for INGO political legitimacy.
Cara Nine
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199580217
- eISBN:
- 9780191741456
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580217.003.0004
- Subject:
- Political Science, Political Theory
Chapter 3 describes the kind of agent that may claim territorial rights. In order for a people to qualify as a candidate for self-determination rights over territory, the people must: (i) demonstrate ...
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Chapter 3 describes the kind of agent that may claim territorial rights. In order for a people to qualify as a candidate for self-determination rights over territory, the people must: (i) demonstrate the capacity to meet minimal standards of justice, and (ii) have members who share a common conception of justice. The first criterion directly follows from the justification for territorial political power. Any group with a claim to significant political power (as comes with claims to territorial rights) must demonstrate the minimal capacity to establish institutions that function effectively in providing the objects of members’ basic individual needs. The second criterion is derived from the political legitimacy requirement. As political legitimacy requires self-rule, it presupposes a conception of the political ‘self’, or people. The view that the people is constituted by those who share a common conception of justice explains the relevant features of a unique collective, enduring agent that may hold self-determination rights over territory.Less
Chapter 3 describes the kind of agent that may claim territorial rights. In order for a people to qualify as a candidate for self-determination rights over territory, the people must: (i) demonstrate the capacity to meet minimal standards of justice, and (ii) have members who share a common conception of justice. The first criterion directly follows from the justification for territorial political power. Any group with a claim to significant political power (as comes with claims to territorial rights) must demonstrate the minimal capacity to establish institutions that function effectively in providing the objects of members’ basic individual needs. The second criterion is derived from the political legitimacy requirement. As political legitimacy requires self-rule, it presupposes a conception of the political ‘self’, or people. The view that the people is constituted by those who share a common conception of justice explains the relevant features of a unique collective, enduring agent that may hold self-determination rights over territory.
Jennifer Prah Ruger
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199559978
- eISBN:
- 9780191721489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559978.003.0010
- Subject:
- Economics and Finance, Public and Welfare
Many countries, including the United States, lack consensus about the core ethical principles concerning health and health care, beyond a market‐based approach to resource allocation. This chapter ...
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Many countries, including the United States, lack consensus about the core ethical principles concerning health and health care, beyond a market‐based approach to resource allocation. This chapter offers a normative theory for analyzing health policy decisions and recognizes that norms need fundamental restructuring to address existing health problems. Substantive normative principles (moral legitimacy) should be introduced into deliberative democratic process (political legitimacy) for a comprehensive, integrative theory of health and social justice. The chapter reviews the role of moral values in motivating citizens' support for public policies, and explores differences between social agreement frameworks such as incompletely theorized agreements (ITAs) and overlapping consensus and more traditional political bargaining models. ITA analysis of the American Clinton health care reform attempts reveals agreement on the mid‐level concept of universal coverage, but disagreement on both high‐ and low‐level principles. The chapter concludes that high‐level principle (e.g. health for all) or low‐level principle (e.g. willingness to pay for other's and future selves' health insurance) agreement, arising from internalization of shared public moral norms, might lead to more stable support for reform.Less
Many countries, including the United States, lack consensus about the core ethical principles concerning health and health care, beyond a market‐based approach to resource allocation. This chapter offers a normative theory for analyzing health policy decisions and recognizes that norms need fundamental restructuring to address existing health problems. Substantive normative principles (moral legitimacy) should be introduced into deliberative democratic process (political legitimacy) for a comprehensive, integrative theory of health and social justice. The chapter reviews the role of moral values in motivating citizens' support for public policies, and explores differences between social agreement frameworks such as incompletely theorized agreements (ITAs) and overlapping consensus and more traditional political bargaining models. ITA analysis of the American Clinton health care reform attempts reveals agreement on the mid‐level concept of universal coverage, but disagreement on both high‐ and low‐level principles. The chapter concludes that high‐level principle (e.g. health for all) or low‐level principle (e.g. willingness to pay for other's and future selves' health insurance) agreement, arising from internalization of shared public moral norms, might lead to more stable support for reform.
Thomas Barfield
- Published in print:
- 2010
- Published Online:
- October 2017
- ISBN:
- 9780691145686
- eISBN:
- 9781400834532
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691145686.003.0001
- Subject:
- History, Middle East History
This introductory chapter discusses an anthropological approach to examining political order in Afghanistan. Rather than casting the nation in the context of war and conquerors, this chapter views ...
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This introductory chapter discusses an anthropological approach to examining political order in Afghanistan. Rather than casting the nation in the context of war and conquerors, this chapter views the Afghans themselves as the main players to understand the country and its political dynamics. It examines the question of how rulers in Afghanistan obtained political legitimacy over the centuries and brought order to the land, particularly through looking at how notions of power and political legitimacy in Afghanistan change over a long period of time. The chapter lays out the groundwork for a more detailed discussion on these concepts by introducing the themes and theoretical framework underpinning the book's overall arguments.Less
This introductory chapter discusses an anthropological approach to examining political order in Afghanistan. Rather than casting the nation in the context of war and conquerors, this chapter views the Afghans themselves as the main players to understand the country and its political dynamics. It examines the question of how rulers in Afghanistan obtained political legitimacy over the centuries and brought order to the land, particularly through looking at how notions of power and political legitimacy in Afghanistan change over a long period of time. The chapter lays out the groundwork for a more detailed discussion on these concepts by introducing the themes and theoretical framework underpinning the book's overall arguments.
Jiang Qing
Daniel A. Bell and Ruiping Fan (eds)
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691154602
- eISBN:
- 9781400844845
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691154602.001.0001
- Subject:
- Political Science, Political Theory
As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government ...
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As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? This book says yes. It sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. It is the most detailed and systematic work on Confucian constitutionalism to date. The book argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, it presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and it derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. The book also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics critically evaluate the book's theories and the author gives detailed responses to their views. The book provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation.Less
As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? This book says yes. It sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. It is the most detailed and systematic work on Confucian constitutionalism to date. The book argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, it presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and it derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. The book also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics critically evaluate the book's theories and the author gives detailed responses to their views. The book provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation.
Ken Binmore
- Published in print:
- 2005
- Published Online:
- January 2007
- ISBN:
- 9780195178111
- eISBN:
- 9780199783670
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195178111.003.0010
- Subject:
- Economics and Finance, Microeconomics
If some external enforcement agency compels us to honor deals reached in the original position, then Harsanyi has shown that the outcome will be utilitarian. Under the same hypotheses, Rawls claims ...
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If some external enforcement agency compels us to honor deals reached in the original position, then Harsanyi has shown that the outcome will be utilitarian. Under the same hypotheses, Rawls claims that the outcome will be egalitarian. This chapter confirms that Harsanyi is correct. It goes on to use the concept of an empathy equilibrium to predict the standard of interpersonal comparison needed to operate a utilitarian norm that will evolve in the medium run.Less
If some external enforcement agency compels us to honor deals reached in the original position, then Harsanyi has shown that the outcome will be utilitarian. Under the same hypotheses, Rawls claims that the outcome will be egalitarian. This chapter confirms that Harsanyi is correct. It goes on to use the concept of an empathy equilibrium to predict the standard of interpersonal comparison needed to operate a utilitarian norm that will evolve in the medium run.
Neil Fligstein
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199580859
- eISBN:
- 9780191702297
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580859.003.0007
- Subject:
- Political Science, European Union
The debate over the relationship between the European Union (EU) and national politics hinges on the underlying model one has of the linkages between the EU, the member-state governments, and ...
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The debate over the relationship between the European Union (EU) and national politics hinges on the underlying model one has of the linkages between the EU, the member-state governments, and national politics. Some scholars view the EU as primarily an intergovernmental organisation where governments agree to pool their sovereignty to create rules in circumscribed arenas of joint benefit such as trade and monetary policy. The EU obtains its political legitimacy by virtue of the political legitimacy of the member-state governments. Since those governments are freely elected, citizens who disapprove of their government's policies in Europe can vote for other parties. In this way, the EU is ultimately within the power of citizens and does not in fact actually suffer a democratic deficit.Less
The debate over the relationship between the European Union (EU) and national politics hinges on the underlying model one has of the linkages between the EU, the member-state governments, and national politics. Some scholars view the EU as primarily an intergovernmental organisation where governments agree to pool their sovereignty to create rules in circumscribed arenas of joint benefit such as trade and monetary policy. The EU obtains its political legitimacy by virtue of the political legitimacy of the member-state governments. Since those governments are freely elected, citizens who disapprove of their government's policies in Europe can vote for other parties. In this way, the EU is ultimately within the power of citizens and does not in fact actually suffer a democratic deficit.
