When is a de facto authority not entitled to be considered a `government' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge more traditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state's political independence, and that against interference (...) in matters `essentially' within a state's domestic jurisdiction. Yet although human rights advocates have begun to speak of state sovereignty as an `anachronism', with some expansively proclaiming the emergence of an international `right to democratic governance,' international law literature lacks systematic treatment of governmental illegitimacy. This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy. The inquiry establishes that the category of `illegitimate government' now occupies a place in international law, with significant consequences for the legality of intervention in certain instances. The principle of popular sovereignty, hitherto vague and ambiguous, has acquired sufficient determinacy to serve, in some circumstances, as a basis for denial of legal recognition to putative governments. This development does not imply, however, the emergence in international law of a meaningful norm of `democratic governance,' nor would such a norm serve the purposes of the scheme of sovereign equality of states embodied in the United Nations Charter. (shrink)

During the past decade, any questionable and illegal behavior of businesses has received significant attention in the media. Thus, taking a critical discursive approach, we investigate how the media constructs any questionable business as illegitimate. Our data draws upon articles dealing with cartels and cartel agreements in Finnish business media covering a five year period 2002-2007. Based on our findings, we suggest that regardless of the globalized business world, socio-cultural history plays an important role in constructing the illegitimacy of (...) business practices. (shrink)

During the last decade, any questionable or illegal behaviour on the part of businesses has received considerable attention in the media. Using a critical discursive perspective, we here investigate how the media constructs one type of questionable business as illegitimate. Our data draw upon articles dealing with cartels and cartel agreements in Finnish business media covering the five year period 2002-2007. Our contributions are following: We add to the current literature on CSR and national businesses, suggesting that regardless of globalization (...) sociocultural history plays an important role in constructing the illegitimacy of business practices. We therefore emphasize the importance of media as an arena where social actors construct the social contract between business and society. We further contribute to studies on questionable business by reconstructing a discursive framework used to construct cartels and cartel agreements. (shrink)

Illegitimacy in a historic, single community at Penrith, Cumbria (1557–1812), has been studied using aggregative analysis, family reconstitution and time series analysis. This population was living under extreme conditions of hardship. Long, medium and short wavelength cycles in the rate of illegitimacy have been identified by time series analysis; each represents a different response to social and economic pressures. In a complex interaction of events, the peaks of the cycles in wheat prices were associated with rises in adult (...) mortality which promoted an influx of migrants and a concomitant rise in illegitimacy. The association between immigration and illegitimacy was particularly noticeable after the mortality crises of the late sixteenth and early seventeenth centuries. Children of immigrant families also tended to produce illegitimate offspring. Native and immigrant families responded differently to extrinsic fluctuations, and variations in their reproductive behaviour were probably related to access to resources. (shrink)

This article examines the plight of the whistleblower using elements of organizational legitimacy theory. In recognizing the negative correlation between the actions of the organization and the whistleblower it becomes clear that the continuing legitimacy of the organization necessitates the illegitimacy of the whistleblower. This helps explain the continual blacklisting of the whistleblower and their vilification, resulting in the destruction of both their professional career and their reputation. Only protective legislation will provide any guarantees for the whistleblower.

Debates about how to incorporate the severely cognitively disabled into liberal theory typically focus on John Rawls’s assumption that citizens choosing the principles of justice should be understood as full social cooperators. In this paper, we argue that social cooperation is not the fundamental barrier to the inclusion of the severely cognitively disabled. We argue that these persons are excluded from the entire project of liberal legitimacy in virtue of the apparent inability of a severely cognitively disabled person to understand (...) and evaluate the legitimacy of political principles for herself. Severely cognitively disabled persons lack a kind of access to political principles that is crucial, according to liberal theory, for political principles to be legitimate to someone, and not simply for someone. (shrink)

Chapter 2 examines the justified aims or objects of legal disobedience. It begins with the famous theory of civil disobedience defended by John Rawls. This is contrasted with the approach taken by Henry David Thoreau. The chapter argues that Thoreau’s view permits, where Rawls’s theory is unable to allow, disobedience due to the historically illegitimate subjection of lands and peoples. The Kantian or Rawlsian approach to disobedience is unable to move beyond structural injustice as the justified object of that disobedience. (...) The chapter also explains the distinction between ideal and nonideal theory and the proper place of an account of justified disobedience within that framework. (shrink)

This paper aims to contribute to the exploration of the shift from a problematisation of ‘unwed motherhood’ to ‘teenage motherhood’ in late twentieth century Britain. It does so by exploring the dominant social scientific understanding of ‘unwed mothers’ during the 1950s and 1960s which suggested that these women suffered from a psychological disorder. I then analyse the conceptualisation of ‘adolescent unwed mothers’ exploring why professionals deemed them to be less disturbed than older women in their predicament. This finding is discussed (...) in light of contemporary social scientific concern with adolescent motherhood. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called the 'is/ought fallacy (IOF)'. Some philosophers conclude that the IOF is not a logical problem but an epistemological one, meaning that even if inferences like this one are logically valid, they cannot be used epistemologically to warrant anyone's real‐life moral beliefs. Arguments do not warrant their conclusions unless the premises of those arguments are themselves warranted, and in the real world, they say, no one would ever be (...) warranted in believing premise. Charles Pigden argues for the illegitimacy of the move from is to ought, saying that we should understand David Hume as pointing to the conservativeness of logic. According to Pigden, logic is conservative in that “the conclusions of a valid inference are contained within the premises. You do not get out what you have not put in”. (shrink)

In natural kind debates, Boyd's famous Homeostatic Property Cluster theory (HPC) is often misconstrued in two ways: Not only is it thought to make for a normative standard for natural kinds, but also to require the homeostatic mechanisms underlying nomological property clusters to be uniform. My argument for the illegitimacy of both overgeneralizations, both on systematic as well as exegetical grounds, is based on the misconstrued view's failure to account for functional kinds in science. I illustrate the combination of (...) these two misconstruals with recent entries into the natural kind debate about emotions. Finally, I examine and reject Stich's "Kornblith-Devitt method" as a potential justification of these misconstruals. (shrink)

Barnett and Block (Journal of Business Ethics, 2009 ) attack the heart of modern banking by claiming that the practice of borrowing short and lending long is illicit. While their claim of illegitimacy concerning fractional reserve banking can be defended, their justification lacks substance. Their claim is herein strengthened by a legal analysis of deposits and loans based on Huerta de Soto (Money, Bank Credit and Economic Cycles, 2006 ). A combined legal and economic analysis shows that while lending (...) deposits can be regarded as illicit, the maturity mismatching of loans is legitimate contrary to Barnett and Block’s claim. No over-issuance of property rights is involved with this practice once the distinction between present and future goods is taken into account. However, while the practice is not illicit per se , it is greatly assisted and developed through the presence of a fractional reserve banking system, and can sometimes breed detrimental effects. (shrink)

Recognizing that truth is socially constructed or that knowledge and power are related is hardly a novelty in the social sciences. In the twenty-first century, however, there appears to be a renewed concern regarding people’s relationship with the truth and the propensity for certain actors to undermine it. Organizations are highly implicated in this, given their central roles in knowledge management and production and their attempts to learn, although the entanglement of these epistemological issues with business ethics has not been (...) engaged as explicitly as it might be. Drawing on work from a virtue epistemology perspective, this paper outlines the idea of a set of epistemic vices permeating organizations, along with examples of unethical epistemic conduct by organizational actors. While existing organizational research has examined various epistemic virtues that make people and organizations effective and responsible epistemic agents, much less is known about the epistemic vices that make them ineffective and irresponsible ones. Accordingly, this paper introduces vice epistemology, a nascent but growing subfield of virtue epistemology which, to the best of our knowledge, has yet to be explicitly developed in terms of business ethics. The paper concludes by outlining a business ethics research agenda on epistemic vice, with implications for responding to epistemic vices and their illegitimacy in practice. (shrink)

The purpose of this dialogue between an ‘empirical realist’ and a ‘traditional ontologist’ is to clarify and evaluate the presuppositions of the kind of anti-ontological position exemplified by empirical realism. After ontology is defined and the empirical realist's position explained, the traditional ontologist pursues a series of dialectical developments and criticisms of the empirical realist's claim to have a coherently non-ontological position. The eventual conclusion is that the empirical realist's opposition to ontology just arbitrarily assumes ontology to be associated with (...) infallibilism and incompatible with fallibilism instead of conveying the illegitimacy of ontology itself or convincingly explaining the non-ontological standing of their position. The significance of this dialogue for critical realism is that it extends the case against anti-ontological epistemologies in general and empirical realism in particular by demonstrating the problems that result f.. (shrink)

I consider backtracking reasoning: that is, reasoning from backtracking counterfactuals such as if Hitler had won the war, he would have invaded Russia six weeks earlier. Backtracking counterfactuals often strike us as true. Despite that, reasoning from them just as often strikes us as illegitimate. A number of diagnoses have been offered of the illegitimacy of such backtracking reasoning which invoke the fixity of the past, or the direction of causation. I argue against such diagnoses, and in favor of (...) one that invokes a principle I call the fixity of reasons. Backtracking reasoning violates the fixity of reasons. But, the fixity of reasons is a principle that must be observed in order to engage in practical reasoning at all. (shrink)

For the philosopher of Rotterdam, religious coercion has two essential sources of illegitimacy: the linking of religious and ecclesiastical belief and the use of politics for religious purposes. Bayle responds to it, with his doctrine of freedom of conscience, on one hand and by means of the essential distinction between voluntary religious affiliation and political obligation, on the other hand. From my perspective, his doctrine of tolerance does not involve an atheist state, nor does it mean the rejection of (...) the presence of religion in the public space or its displacement to the intimate sphere of the conscience. This paper proposes a reading of Baylean tolerance as a political doctrine that allows the articulation between freedom of conscience, minority confessions, and official religion. Thus, the Baylean theoretical model could be considered a proposal to provide a normative form to the practice of toleration present in the seventeenth -century Netherlands. (shrink)

James Conant, a proponent of the ‘New American Wittgenstein’, has argued that the standard inter- pretation of Wittgenstein is wholly mistaken in respect of Wittgenstein’s critique of metaphysics and the attendant conception of nonsense. The standard interpretation, Conant holds, misascribes to Wittgenstein Carnapian views on the illegitimacy of metaphysical utterances, on logical syntax and grammar, and on the nature of nonsense. Against this account, I argue that (i) Carnap is misrepresented; (ii) the so-called standard interpretation (in so far as (...) I have contributed to it) is misrepresented; (iii) Wittgenstein’s views, early and late, are misrepresented. I clarify Wittgen- stein’s conception of logical syntax and of the nonsense that results from transgressing it. (shrink)

This article explores the political aspect of Derrida's work, in particular his critique of authority. Derrida employs a series of strategies to expose the antagonisms within Western philosophy, whose structures of presence provide a rational and essentialist foundation for political institutions. Therefore, Derrida's interrogation of the universalist claims of philosophy may be applied to the pretensions of political authority. Moreover, I argue that Derrida's deconstruction of the two paths of 'reading' - inversion and subversion - may be applied to the (...) question of revolutionary politics, to show that revolution often culminates in the reaffirmation of authority. Derrida navigates a path between these two strategies, allowing one to formulate philosophical and political strategies that work at the limits of discourse, thereby pointing to an outside. This outside, I argue, is crucial to radical politics because it unmasks the violence and illegitimacy of institutions and laws. Key Words: anarchism • authority • deconstruction • Derrida • displacement • justice • law • politics • poststructuralism. (shrink)

Although there once was a general consensus among race scholars that applying race categories to humans is biologically illegitimate, this consensus has been erased over the past decade. This is largely due to advances in population genetics that allow biologists to pick out genetic population clusters that approximate some of our common sense racial categories. In this paper, I argue that this new ability really ought not undermine our confidence in the biological illegitimacy of the human races. Unfortunately, the (...) claim that races are biologically legitimate is ambiguous—the sense I will be concerned with here holds that the human species can be divided into biological subspecies. Sesardic and Andreasen have both argued that the cluster results are evidence for subspecies within the human population. I show the cluster results are in fact evidentially inert relative to each author’s preferred subspecies concept. I then sketch the kinds of biological facts that could be used to adjudicate whether human subspecies have existed in the past. (shrink)

The relationship between religion and politics is a bone of political contention and a source of deep confusion across the Islam–West divide. When most western liberals cast their gaze on Muslim societies today, what they see is deeply disconcerting. From their perspective there is simply too much religion in public life in the Arab-Islamic world, which raises serious questions for them about the prospects for democracy in this part of the world. This article critically explores the relationship between religion and (...) political legitimacy with a geographical and cultural focus on the Muslim Middle East. The broad historical question that shapes this inquiry is: Why is religion a source of political legitimacy in Muslim societies today while in the West, broadly speaking, religion is a source of disagreement and illegitimacy? (shrink)

In his article “Opacity” (1986), David Kaplan propounded a counterexample to the the- sis, defended by Quine and known as Quine’s Theorem, that establishes the illegitimacy of quantifying from outside into a position not open to substitution. He ingeniously built his counterexample using Quine’s own philosophical material and novel devices, arc quotes and $entences. The present article offers detailed analysis and critical discus- sion of Kaplan’s counterexample and proposes a reasonable reformulation of Quine’s Theorem that bypasses both this counterexample (...) and another, in the author’s opinion, more persuasive counterexample, also discussed in this paper and somehow implicit in “Opacity”, which involves Russellian propositions instead of the Quinean apparatus. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:In Memoriam: Hans Blumenberg (1920–1996), An Unended QuestElías José PaltiAt 76, after a long intellectual career spanning more than thirty years, first as Professor of Philosophy at Giessel, then at Bochum, and finally at Münster until his retirement in 1985, Hans Blumenberg has died.1 He leaves behind an incredibly vast oeuvre2 covering the most diverse subjects, from an interpretation of Bach’s The Passion of St Matthew to the history (...) of different terms, concepts, and metaphors (such as shipwreck, the book, and the cave).3 His three major books—The Legitimacy of the Modern Age (1966), The Genesis of the Copernican World (1975), and Work on Myth (1979)—are already classics and constitute true landmarks in the contemporary historiography of ideas. Yet so varied and extended an intellectual production revolves around a single concern: the origins and legitimacy of the so-called Modern Age. Moving back and forth from different angles and perspectives toward the same core—as in a prolonged assault—in order to test the different edges and explore all the potential implications of his own inquiring, men and gods, science and myth, from antiquity to the present day, all are invoked in his work for a concerted [End Page 503] attack aimed to shed new light into that enigma called the “Modern Age.” His multifaceted approach is thus only an expression of the multifold nature of his own subject matter.However, the unity of this quest is more apparent than real. His line of questioning moved progressively from the problem regarding the legitimacy of the modern age to that of its origins and specific nature, and in this very process not only did his approach vary but his very concept of that age changed. Here I will trace the main investigative lines that Blumenberg followed through his three major works4 to uncover how his view of the modern age was modified and became more and more complex over time. I will also show how, in fulfilling his project and in the consequent growing sophistication of his perspective, Blumenberg actually discovered a number of unsuspected problems that derailed him from his original endeavor, forcing him to reformulate some of his conceptual tools, and indeed to redefine the ultimate object of his undertaking.Modernity and the Problem of Its LegitimacyThe Legitimacy of the Modern Age (1966)5 was first in a trilogy of major works reviewed here. Its title formulates concisely Blumenberg’s original concern. In it he focussed his discussion on the “theory of secularization,” originally formulated by Carl Schmitt in Political Theology (1922) and later developed by Karl Löwith in Meaning and History (1949).For Löwith there were only two authentically original traditions in Western historical thought: the Ancient (based on the notion of cyclical time) and the Medieval/Modern (founded on the idea of a linear, future-directed pattern of human development).6 The philosophy of history that originated in the eighteenth century is nothing else but a result of the secularization of the eschatological Christian motif of the fall and subsequent redemption. Such a revelation would unmask, according to the author of this theory, the myth of modernity’s origins as representing a radical rupture from its immediate past and the final consecration of the absolute reign of reason. This would deprive modernity of the grounds upon which it legitimizes itself. “Illegitimacy,” then, is here identified with “heterogony” (the lack of authentic, proper sources). “Seen from the point of view of secularization,” remarks Blumenberg, “the false conflict of the medieval and the modern age can be reduced to a single episode in the interruption of the human connection to the cosmos” (28). [End Page 504]For Blumenberg, on the contrary, “secularization” did not necessarily constitute an anathema. The fact that the notion of “secularization”—originally conceived as merely a descriptive term—came to involve pejorative connotations resulted from the Platonic assumption that a derivative truth is only a degraded form of the primitive, authentic Truth, so that any kind of intellectual acquisition becomes suspect (73). This is not actually the case. In a purely descriptive sense, Blumenberg argued, one can cite almost any philosophy... (shrink)

KJORVEN M, RUSH K and HOLE R. Nursing Inquiry 2011; 18: 325–335 A discursive exploration of the practices that shape and discipline nurses’ responses to postoperative deliriumAlthough delirium is classified as a medical emergency, it is often not treated as such by health care providers. The aim of this study was to critically examine, through a poststructural, Foucauldian concept of discourse, the language practices and discourses that shape and discipline nurses' care of older adults with postoperative delirium (POD) with a (...) purpose to question accepted nursing practice. The study was based on data collected from face‐to‐face, in‐depth, personal interviews with six nurses who work on an acute postoperative patient care unit. Five analytic readings of the data identified two prominent discourses at work in nursing practice which influenced the care of patients with POD. These were identified as discourses of legitimacy/illegitimacy and discourses of nursing work. Through the process of poststructural analysis it became evident that one overriding discourse – the biomedical/scientific discourse – served to direct, legitimize and govern all other discourses. The findings of this study have implications for nursing knowledge and practice, length of hospital stay and improved patient outcomes. This study builds on previous work and is the first study to conduct a discourse analysis illuminating nurses’ responses to POD through comparison with other acute medical emergencies from a poststructural perspective. (shrink)

This was one of SCSS President Stephen M. Krason’s “Neither Left nor Right, but Catholic” columns in The Wanderer in 2021. In it, he says that in spite of the left’s irresponsible claims about “systemic racism” in America, motivated by their ideological objectives, they pay little attention to the real problems in the Black community such as illegitimacy, family breakdown, and fatherlessness. This article is reprinted with permission.

Although campaigns for universal human rights have been intellectually and emotionally compelling for many anthropologists, they have tended to embroil them in fruitless polemics about cultural relativism with non-Western thinkers and policy-makers. Often “universalist” discourses about “rights” depend on values and distinctions that are far from universal and that stem, in fact, from Christian, secular, or “modernist” notions about punishment, suffering, and redemption. To make some practical contribution to the struggle for human dignity in the Middle East, it may be (...) preferable to aim for a more limited goal: the abolition of torture in the region. Consensus about the illegitimacy of torture is more easily reached, since none of the Middle East's religious or philosophical traditions condone it. What is more, empirical data demonstrate that torture has increased in frequency in the region and is widely perceived, both by insiders and outsiders, as a growing problem. Ethnographers could play a role in documenting incidents of torture and in building coalitions of Middle Eastern and outsider activists who, working together, could expose torture and bring pressure to bear on those who inflict it. (shrink)

In 2017, Italy passed a law that provides for a systematic discipline on informed consent, advance directives, and advance care planning. It ranges from decisions contextual to clinical necessity through the tool of consent/refusal to decisions anticipating future events through the tools of shared care planning and advance directives. Nothing is said in the law regarding the issue of physician assisted suicide. Following the DJ Fabo case, the Italian Constitutional Court declared the constitutional illegitimacy of article 580 of the (...) criminal code in the part in which it does not exclude the punishment of those who facilitate the suicide when the decision has been freely and autonomously made by a person kept alive by life-support treatments and suffering from an irreversible pathology, the source of physical or psychological suffering that he/she considers intolerable, but fully capable of making free and conscious decisions. Such conditions and methods of execution must be verified by a public structure of the national health service, after consulting the territorially competent ethics committee. This statement admits, within strict and regulated bounds, physician assisted suicide, so widening the range of end-of-life decisions for Italian patients. Future application and critical topics will be called into question by the Italian legislator. (shrink)

Kant criticizes Plato for his interest in positing ideas that are entirely purified from any sensible elements, but which, nonetheless, exist in some supra-sensible reality. I argue that Kant’s criticism can be repositioned and even countered if, in our assessment of Plato, we assign a wider scope of significance and greater value to the senses. In order to lend focus to my article, I analyze Socrates’ presentation of what I translate as the “look of the Good” (τοῦ ἀγαθοῦ ἰδέαν, 508e) (...) in theRepublicso as to show the proximity between Plato and Kant on the question of sensibility. I also draw on thePhaedoand extant literature that goes against the traditional view regarding the status of Ideas or Forms, including the Idea of the Good. I further discuss an affinity between the Good that is “beyond being” (ἐπέκεινα τῆς οὐσίας, 509c) in theRepublicand Kant’s view of God as an Ideal of Reason. Given my articulation of the importance of the sensible dimension in Plato, there is a continuity between Kant and Plato on the question of the illegitimacy of certain ideas. In other words, in my reading (and contrary to Kant’s view of Plato), Kant does not so much overturn Plato’s metaphysics, but develops further the view that is already inscribed in Plato. (shrink)