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Legitimacy and Autonomy

Roxana Banu

in Nineteenth Century Perspectives on Private International Law

This chapter provides an analysis of state-centered and individualistic theories of legitimacy in PrIL and distinguishes them from the relational internationalist perspective. It shows that ... More

This chapter provides an analysis of state-centered and individualistic theories of legitimacy in PrIL and distinguishes them from the relational internationalist perspective. It shows that state-centered theories determined the legitimacy of applying one law or another within interstate relationships. Individualistic theories linked the legitimacy of the applicable law to particular dimensions of political affiliation. By contrast, this chapter shows how relational internationalist authors envisioned different dimensions of legitimacy from both the state-centered and the individualistic positions, by focusing on an interpersonal relationship, as opposed to an isolated individual, and on private law, as opposed to constitutional or public law generally. According to the relational internationalist perspective, the legitimacy of imposing one law over another is justified on different grounds, including by reference to the actions of the parties, their expectations, the values underlying private law relationships, and the embeddedness of a legal relationship within one or several communities.Less

Legitimacy

Yuval Shany

in Assessing the Effectiveness of International Courts

This chapter discusses a number of useful typologies developed in the literature on the concept of legitimacy. It distinguishes, on the one hand, between social and normative legitimacy and, on the ... More

This chapter discusses a number of useful typologies developed in the literature on the concept of legitimacy. It distinguishes, on the one hand, between social and normative legitimacy and, on the other hand, between source legitimacy, process legitimacy, and outcome legitimacy. It connects the concept of legitimacy to other key evaluative concepts, in particular, legality, fairness, justice, and effectiveness. It discusses the place of legitimacy within the operative categories that comprise international courts — structure, process, and outcome — and illustrates the ‘feedback loop’ characterizing changes in levels of legitimacy ‘capital’. It also considers the relationship between judicial legitimacy and key concepts related to the effectiveness of international adjudication, including jurisdiction and admissibility, judicial independence and impartiality, and judgment compliance.Less

Liberal Peace in East Timor: the Emperors' New Clothes?1

Oliver P. Richmond and Jason Franks

in Liberal Peace Transitions: Between Statebuilding and Peacebuilding

This chapter examines the effort to build a liberal peace since 1999 in East Timor. It illustrates that to a large degree the liberal peace model has failed the East Timorese people in producing ... More

This chapter examines the effort to build a liberal peace since 1999 in East Timor. It illustrates that to a large degree the liberal peace model has failed the East Timorese people in producing anything remotely representative of a social contract or the ‘good life’. There are two aspects to this: the first is the failure to construct a social contract between society and its institutions of governance. This is related to the broader issue of the social legitimacy of, and contract with, international actors derived from society and its complex groupings. The second is the failure, at least in the transitional period, to respond to the experiences of everyday life and welfare requirements of the new state's citizens.Less

Conclusion: Progressive Business and its Critics in Retrospect

Christian Olaf Christiansen

in Progressive Business: An Intellectual History of the Role of Business in American Society

Since the late nineteenth century, proponents of progressive business have criticized the free market liberalist imagery of the business corporation, and instead called upon the social ... More

Since the late nineteenth century, proponents of progressive business have criticized the free market liberalist imagery of the business corporation, and instead called upon the social responsibilities of business, sometimes justifying this in economic terms. Ideas of progressive business have been used strategically, and can help explain how business could respond to criticisms, how it could offer an alternative kind of social protection than labor unions and the state, and how it could strengthen the social legitimacy of business. Critics of progressive business have argued that it is unsatisfactory in terms of democracy, solidarity, and pluralism; that it may distort social criticism; that it is by “higher” ethical standards, unethical; and that it strengthens free markets at the expense of democratic governance. Finally, the conclusion points to a renewal of ideology critique, and it demonstrates the analytical value of “progressive business” in the case of the financial crisis.Less

Power or Authority; Actions or Beliefs

Andreas Follesdal

in International Court Authority

This chapter examines how the theoretical framework presented in this book fits with the substantive chapters. It argues that if the authors maintain their position about motivational agnosticism, ... More

This chapter examines how the theoretical framework presented in this book fits with the substantive chapters. It argues that if the authors maintain their position about motivational agnosticism, they should reconsider whether “de facto authority” is the best label for the kind of impact of international courts (ICs) at various levels that concerns them. At times their claims seem to fit better with an aspiration to map the ICs’ power more generally. The chapter then questions the framework’s explicit bracketing of social legitimacy in the sense of actors’ beliefs about normative legitimacy. It concludes by suggesting one area for future research where scholarship on social and normative legitimacy may in fact be relevant to understand the politics and legitimation strategies of international courts with variable authority.Less

Transnational Contentions: The Moral Economy of Postconflict Migration

in Culture in Chaos: An Anthropology of the Social Condition in War

This chapter examines the moral economy of postconflict migration in Machaze, Mozambique. It considers migrancy as a new transnational life strategy and as a form of public performance implicated in ... More

This chapter examines the moral economy of postconflict migration in Machaze, Mozambique. It considers migrancy as a new transnational life strategy and as a form of public performance implicated in the negotiation of this new social strategy's legitimacy. This chapter analyzes the narratives of migrants and suggests that migrancy served not only as the key mechanism for enacting a range of new transnational life strategies but also as a form of moral performance implicated in the negotiation of the social legitimacy of those strategies.Less

Aphroditê’s Workers in Democratic Athens

Edward E. Cohen

in Athenian Prostitution: The Business of Sex

Athenian attitudes to prostitution were bifurcated. Traditional aristocratic ethics idealized leisurely dedication to cultural and social activities and condemned all commerce as inherently servile. ... More

Athenian attitudes to prostitution were bifurcated. Traditional aristocratic ethics idealized leisurely dedication to cultural and social activities and condemned all commerce as inherently servile. Prostitution was not untouched by this antagonism, and Greek sources reflect numerous negative allusions toward prostitutes and prostitution (and toward many other business activities). Yet ancient sources also adumbrate another view in which prostitution was lawful, pervasive, and, if practiced in compliance with Athenian work ethics, commensurable with other means of earning a living. Prostitution was sometimes even seen “as an intrinsic element of the democracy,” deriving social legitimacy from its association with the goddess Aphroditê. Indeed, this dichotomy in Athenian testimonia about commercial sex is consistent with the bifurcated view of prostitution embedded in the very language of ancient Athens, comprising two principal clusters of ancient Greek words relating to “prostitution,” those cognate to hetairos(-a) and pornos(ê), male and female “prostitutes.”Less