Recent scholarly attention to ‘legitimate expectations’ and their role in legal transitions has yielded widely varying principles for distinguishing between legitimate and non-legitimate expectations. This article suggests that methodological reflection may facilitate substantive progress in the debate. Specifically, it proposes and defends the use of a wide reflective equilibrium methodology for constructing, justifying and critiquing theories of legitimate expectations and other kinds of normative theories about legal transitions. The methodology involves three levels of analysis — normative principles, their theoretical antecedents, (...) and considered judgements about their implications in specific cases — and iteration between these three levels in an effort to ensure coherence. The payoffs from applying this methodology to the legitimate expectations debate are illustrated through a discussion of examples from the existing literature. Some proposed innovations to the methodology, including the incorporation of insights from the ideal/non-ideal theory debate, are likely to be of wider interest to political theorists. (shrink)

_Legitimate Differences_ challenges the usual portrayal of current debates over thorny social issues including abortion, pornography, affirmative action, and surrogate mothering as _moral_ debates. How can it be said that our debates oppose principles of life to those of liberty, principles of liberty to those of equality, principles of equality to those of fairness, and principles of fairness to those of integrity, when we as Americans share all these principles? Debates over such issues are not, Georgia Warnke argues, moral debates (...) over which principles we should adopt. Rather, they are interpretive debates over the meanings of principles we already possess. Warnke traces the structure of these debates with reference to the work of Jane Austen, Hans-Georg Gadamer, Jürgen Habermas, and Bernard Williams. In separate chapters on surrogate mothering, affirmative action, abortion, and pornography she articulates new understandings of the meanings of some of our principles and shows the equal legitimacy of some different interpretations of the meanings of others. Finally, she suggests that the orientation of American public policy ought to be directed less at finding single canonical interpretations of our principles than at accommodating different legitimate understandings of them. The perspective offered by _Legitimate Differences_ should have a significantly beneficial effect on public discussions. (shrink)

What do we mean when affirming ‘the powerful return of the state’? Do we have in mind the jus ad bellum employed by aggressive states, or are we thinking of the duties that a state has towards its citizens? Starting from these questions, this article aims to reconceptualize the issue of the political legitimacy of a state by reconsidering the relationship between power and violence. Among other forms of emergencies and violence, then, a legitimate state needs to be capable of (...) responding to gender-based (sexual and domestic) violence. To reinforce my suggestion, I will reinterpret some Greek and Roman myths related to the founding of cities (Thebes, Athens and Rome). Through these myths, we will be able to illustrate, in particular, the necessity for a state to be capable of combating both public and private violence, reframing the notion of nemesis (as a fate that can be changed by descendants) and fear (as a status that can be stopped in the present). (shrink)

This paper focuses on land as a domain in which legitimate expectations can give rise to entitlements. The central argument is that people are connected to other people and to projects, which are symbolically and materially rooted in particular places. This gives rise to an interest – an interest that is sufficiently weighty that it imposes obligations on other people – to protect stability of place. There are two ways in which legitimate expectations structure argument about land. It justifies liberty (...) rights to remain in a place, and not be removed or expelled from it, independently of the coercion that often accompanies forcible expulsion, and argue for rights of return as a second-order right when this right has been violated. I also argue that passage of time in a changed context can affect people’s legitimate expectations, and so their entitlements. (shrink)

This study examines self-legitimation and other-delegitimation in the online radio broadcasts of Nnamdi Kanu, the Supreme Leader of the Indigenous People of Biafra (IPOB). Using Theo van Leeuwen’s (2008) legitimation approach, the paper analyses four speeches he delivered in Israel following his ‘reappearance’ in 2018. The analysis reveals that Kanu uses three legitimation strategies, namely authorisation, moralisation and rationalisation to justify his sudden escape from Nigeria, call for Biafra’s self-rule and boycott of elections and to discredit alleged cloning of the (...) president, electoral malpractices, marginalisation of the Igbo and corruption and brutality among security agents. These strategies are linguistically realised by self-glorification, exclusive and inclusive pronominalisations (us-them dichotomy), polarisation, derogatory nomination (labelling), and hyperbolic expressions. They are aimed at presenting Nnamdi Kanu and IPOB positively as fighting a legitimate cause. (shrink)

ABSTRACTThis article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle (...) of State Consent. Second, it endorses a qualified version of the Principle of Civil Society Participation, one that is much more restrictive and more critical of the democratic defects of civil society actors than most of its current supporters. Finally, it reveals how the democratic strengths and deficits of both models are best approached as mirroring one another and need to be combined in a complex ac... (shrink)

Questions of political membership belong to the most controversial issues in political theory today. Most of the contributions to these debates, however, leave aside the procedural question of how and by whom membership boundaries can be legitimately redrawn. In this article, I argue that membership theory should move from dealing with legitimate boundaries to legitimate boundary-making. Highlighting the limits of two normative models – sovereign and cosmopolitan membership politics – and building on a new interpretation of Seyla Benhabib’s concept of (...) ‘democratic iterations’, I develop an alternative approach, which I describe as post-sovereign membership politics. Post-sovereign membership politics envisages differentiated participatory entitlements for members and non-members in boundary-making and aims to realize both members’ and non-members’ autonomy in decisions on controversial issues such as citizenship tests, prisoner disenfranchisement, or the selling of passports. (shrink)

This chapter discusses outlines key debates about the range of legitimate targets in war.

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)

_The purpose _of this article is to find out whether philosophical and anthropological studies of human nature affect the legitimization of decisions about human life and death, using the example of a philosophical analysis of the problem of euthanasia. _Theoretical__ basis._ Philosophically and anthropologically based situational analysis in bioethics is chosen as the research methodology, which reveals the legitimation of euthanasia as a complex and highly responsible moral decision, which should be based on both the consideration of all the patient’s (...) special circumstances and the competent and adequate application of fundamental knowledge about the human being. _Originality._ From a philosophical point of view, it would be correct to legalize euthanasia, but under the condition of significantly limiting the cases of its application, clearly defining the conditions for its provision and strict control over its implementation. It is morally unacceptable to justify either murder or torture, so euthanasia appears as an attempt to avoid both at the same time. _Conclusions._ Specific solutions to practical problems often indicate the necessary direction for solving theoretical difficulties. Thus, making proper moral decisions about euthanasia requires reliance on fundamental knowledge about human beings, but at the same time it provides arguments "for" and "against" artificial termination of life. The basic principles of bioethics – autonomy, nonmaleficence, beneficence and respect for the dignity of human life – serve as criteria for making balanced ethical decisions both in theory and in practice. These principles should be complemented by a coherent ethical, legal and philosophical position on euthanasia, which is achieved through legitimation procedures. Decisive for making a decision on euthanasia should be the strong desire of the patient himself. (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)

Rulers of all kinds, from feudal monarchs to democratic presidents and prime ministers, justify themselves to themselves through a variety of rituals, rhetoric, and dramatisations, using everything from architecture and coinage to etiquette and portraiture. This kind of legitimation - self-legitimation - has been overlooked in an age which is concerned principally with how government can be justified in the eyes of its citizens. In this book, Rodney Barker argues that at least as much time is spent by rulers legitimating (...) themselves in their own eyes, and cultivating their own sense of identity, as is spent in trying to convince ordinary subjects. Once this dimension of ruling is taken into account, a far fuller understanding can be gained of what rulers are doing when they rule. It can also open the way to a more complete grasp of what subjects are doing, both when they obey and when they rebel. (shrink)

Digital peddling of fake news is influential to persuasive political participation, with veritable social media platforms. Social media, with their instantaneous and widespread usage, have been exploited by ‘anonymous’ political influencers who fabricate and inundate internet community with unverified and false information. Using van Leeuwen’s Discourse Legitimation approach and insights from Discourse Analysis, this study analyses 120 purposively sampled fake news posts on Whatsapp, Facebook and Twitter, shared during the 2019 general elections in Nigeria. WhatsApp allows for the easy and (...) fast sharing of fake news as it pulled the largest occurrence of legitimation strategies, followed by Facebook. Authorisation is the highest occurring legitimation strategy at 46.6% frequency; this is followed by Moralisation which has 27% and Rationalisation at 26.4%; while Mythopoesis did not feature at all in the sampled data, leaving it at 0%. In particular, expert and role model authority are most often deployed to validate fake news such as the demise and cloning of President Buhari, ruling party’s plan to rig and destabilise the 2019 election, massive corruption in the current administration and imminent ethnic violence. The study argues that these strategies are viable persuasive tools owing to their use of discourse markers like make-believe images, emotive language, appeal to emotions, rational conclusions, hateful comments, verbal indictment and coercive verbs. (shrink)

It is practically inevitable that even the best-intentioned public officials occasionally inflict unjust harm on people who should not have to suffer it. They mistakenly arrest innocent suspects, and convict innocent defendants. They erroneously adopt and enforce criminal laws that unduly restrict our freedom. They vote for, implement, and enforce tax laws that unfairly burden some citizens. And yet it is widely assumed that, as long as such officials act in good faith, and follow certain institutional rules, we aren’t permitted (...) to protect the innocent victims of their mistakes by inflicting defensive harm on the officials. As a result, those victims may have to suffer injustices that we could, in principle, prevent. This is so even though, if a private person imposed similarly unjust harm, and did so on the basis of mistaken judgments that were equally in good faith, and just as reliable as the institutional judgments guiding the official, we could permissibly harm that person to defend the victim. This essay considers whether, and how, this asymmetric treatment can be justified. After some ground-clearing that sharpens the question, it briefly considers the dominant explanation offered by political philosophers, which focuses on how resisting official mistakes would impact innocent third parties (most obviously, one’s fellow citizens). Finding these explanations wanting, the essay turns to a less frequently considered alternative: under certain conditions, defending the innocent victim against the official’s mistake is unfair to the official who would be harmed in the process. In particular, if officials act for their subjects (in a quite specific sense), then we may, as a matter of fairness, be barred from harming the officials to protect those subjects from (some of) the unjust harms that officials erroneously inflict. This account chimes with familiar views in the history of political thought that take legitimate political power to be held in trust for the people, and legitimate governments to stand in fiduciary relations to their subjects. It explains why officials may in principle have special moral protection that private persons usually lack, and why we may have to put up with officials’ mistakes even if they inflict injustice on innocent persons. But it also reveals how demanding the conditions are under which officials have such protection, and why many existing legal and political institutions lack the legitimacy, and their officials the special moral protection against defensive harm, that they purport to have. (shrink)

Hart offers a biologically based explanation for the use of an ‘epistemic positioning strategy’ aimed by speakers/writers at the legitimization of assertions, at persuading addressees of the veracity of the propositions, as a prior condition for the discursive legitimization of actions. This article focuses on various issues addressed in Hart’s article, among them the degree of commitment invoked in speakers/writers’ choice of epistemic stance expressions as legitimization strategies, as well as the expression of subjectivity/intersubjectivity in discourse and the degree to (...) which this involves responsibility and accountability for the speaker/writer. The article also provides an alternative proposal of the categories identified by Bednarek for the conceptual domain of evidentiality. (shrink)

When governments introduce controversial policies or face a risk of policy failure, officeholders try to avoid blame and justify their decisions by using various legitimation strategies. This paper focuses on the ways in which legitimations are expressed in government social media communication, using the Twitter posts of the British government’s Brexit department as an example. We show how governments may seek legitimacy by appealing to (1) the personal authority of individual policymakers, (2) the collective authority of (political) organisations, (3) the (...) impersonal authority of rules or documents, (4) the goals or effects of government policy, (5) ‘the will of the people’, and (6) time pressure. The results suggest that official legitimations in social media posts tend to rely more on references to authority and shared values rather than presentation of evidence and sound arguments. (shrink)

This article argues against privileging the expectations of settlers over those of dispossessed peoples. I assume in this article that historical rights to occupancy do not persist through all changes in circumstances, but a theory of justice should reduce perverse incentives to unjustly settle on land in hopes of legitimating occupancy. Margaret Moore, in her 2015 book, A Political Theory of Territory, tries to balance these intuitions through an argument based on legitimate expectations. I argue that Moore’s attempt to reduce (...) perverse incentives (through expectation-altering institutional design) fails. Moore unduly privileges settler expectations, especially over those of indigenous peoples. I criticize United States court decisions resurrecting the expectations of past settlers in the allotment era (which share structural features with Moore’s arguments). Lastly, distinguishing between ‘final’ supersession of historical injustice through changing circumstances, and ‘dormant’ supersession, shows how indigenous claims to land and jurisdiction may revive. (shrink)

Este artículo propone un análisis de la revista Légitime Défense, creada en 1932 por un grupo de estudiantes de Martinica en París. El medio surge de la afectación que este grupo manifiesta hacia los debates surrealistas y marxistas, en tanto potencializadores de la crítica anticolonial y moduladores de nuevas sensibilidades estéticas y políticas. Creada en un contexto de “internacionalismo negro” y de debate in loco con estas vanguardias europeas, Légitime Défense inaugura a la vez el surrealismo negro y antillano, al (...) producir un discurso anticolonialista a partir del caso martinicano que está en el origen de los primeros debates identitarios en esta isla caribeña. (shrink)

In its efforts toward improving diversity, the discipline of philosophy has tended to focus on increasing the number of black philosophers. One crucial issue that has received less attention is the extent to which black philosophers are delegitimized in the discipline because their philosophical contributions challenge the status quo. A systematic problem that bars black philosophers from equal and full participation, this delegitimization precludes the emergence of genuine diversity and reveals the importance of interrogating broader attitudes toward black philosophical contributions. (...) In this essay, I argue for radical systematic changes to disciplinary hallmarks of professionalization such as pedagogy, mentoring, publishing, and hiring practices with the aim of legitimizing black philosophers and their contributions. (shrink)

Expectations play an important role in how people plan their lives and pursue their projects. People living in highly industrialized countries share a way of life that comes with high levels of emissions. Their expectations to be able to continue their projects imply their holding expectations to similarly high future levels of personal emissions. We argue that the frustration or undermining of these expectations would cause them significant harm. Further, the article investigates under what conditions people can be thought to (...) hold legitimate expectations, in particular about permissible levels of future emissions. We distinguish differing theories of understanding these conditions, namely authority-based and justice-based theories, that each allows us to systematically distinguish between legitimate and illegitimate expectations. Furthermore, with respect to individuals’ future permissible emissions we give several reasons for holding that such theories cannot identify a particular expectation to a specific level of personal emissions as the only legitimate one. Finally, we argue that the set of legitimate expectations that people hold with respect to a just and effective solution to climate change has normative significance in at least two ways: the differing but equally legitimate expectations ought to be taken into account when justifying what could count as such a solution and when determining the just way of arriving at and implementing such a solution. (shrink)

This essay examines how Tārā ‘reclaims’ the discourse of enlightenment for Buddhist women and feminist theologians. Despite universal concern for the liberation of all beings, Buddhahood in mainstream texts and narratives was confined to male deities and masters, or females that switched their genders in their final rebirth. Furthermore, Tārā’s senior male bodhisattvas, Avalokiteśvara and Mañjuśrî, overwhelmingly monopolized compassion and wisdom as the latters’ embodiments. This study proposes how Tārā’s theology gradually came to distinguish her from her male colleagues and (...) reclaim the state of Buddhahood. Tārā is an unequivocally female Buddha in Vajrayāna Buddhism because she has managed to assimilate these theological virtues that were essentially reserved as masculine, correcting them as genderless qualities without identity. Tārā’s legitimization sets a concrete precedent for the title of ‘Buddha’ to be included amongst the categories of feminine faith and practice. (shrink)

The early essays in this volume proceed on the assumption that a compatability system can be fashioned that will not only bring religious knowledge claims into harmony with scientific claims, but will also show there to be a fundamental similarity of method in religious and scientific thinking. They are not, however, unambiguously successful. Consequently Wiebe sets out in the succeeding essays to seek an understanding of the religion/science relationship that does not assume they must be compatible. The examination, in the (...) final analysis, reveals a fundamental contradiction in the compatability system building programme which suggests that religious belief is beyond legitimation. (shrink)

This paper is concerned with how we ought to think about legitimate expectations in the non-ideal, ‘real’ world. In one (dominant) strand of contemporary theories of justice, justice requires not that each gets what she deserves, but that each gets that to which she is entitled in accordance with what Rawls calls ‘the public rules that specify the scheme of cooperation’. However, that is true only if those public rules are part of a fully just scheme and it is plausibly (...) the case that no such scheme obtains in the real world. Given that, and given the centrality of legitimate expectations to theories of justice, it is vital to think about the status of such expectations in non-ideal circumstances. Having explained the sense in which legitimate expectations have come to play a role often previously associated with desert, a brief argument in favour of an ‘expectations’ view of punishment is considered to show that the system to public rules that generates expectations must itself be (in some sense) just. This argument is illustrated by appeal to just punishment and the relevance of thinking about punishment and not merely distributive justice is defended. In the absence of justice, one possibility would be simply to declare that there are no legitimate expectations and so theories of justice provide no guidance as to who should get what in non-ideal conditions. However, this would be to render such theories more-or-less useless in practice. Through discussion of a series of vignettes, the paper offers an account of how we might think about the demands such expectations place on the systems that give rise to them even in cases where the system is unjust. (shrink)

The paper tries to contribute to the discussion of the following problem: Nearly every government acts as if it has a natural right to collect taxes – if necessary by force. How legitimate is such an act of expropriation? To find an acceptable solution, three different theories of property are discussed – eventually favouring the Kantian approach. Subsequently, possible vindications of taxation are presented: (1) control of conduct, (2) financing public institutions, (3) reduction of social differences. All three justifications turn (...) out to be de ficient. What remains is John St. Mill's almost forgotten theory; he sees taxes as a sacrifice and, on this account, pleads for a proportional taxation. (shrink)

In public discourse, activists are often criticized for directing their acts of political resistance against this or that specific target. Underlying these criticisms appears to be a strongly held, though underarticulated, intuitive moral judgment that some targets are legitimate whereas others are not. Little philosophical attention has been paid to this issue. My primary aim is to address this neglect. I specify a central part of this intuitive judgment – centering on persons and activities – and argue that there is (...) a principled way to differentiate between legitimate and illegitimate targets. This specification relies on a novel conception of political resistance, which focuses on its defensive rather than communicative aspect. I then extend the idea of forfeiture to argue that acts of political resistance are correctly directed when they are aimed at those activities of liable persons that cause injustice. My discussion contributes to vindicating our intuitive judgments about several controversial cases of political resistance. (shrink)

The verb to legitimate is often used in political discourse in a way that is prima facie perplexing. To wit, it is often said that an actor legitimates a practice which is officially prohibited in the relevant context – for example, that a worker telling sexist jokes legitimates sex discrimination in the workplace. In order to clarify the meaning of statements like this, and show how they can sometimes be true and informative, we need an explanation of how something that (...) is officially illegitimate can have a kind of ersatz legitimacy conferred on it, and how this can occur even when the actor ‘doing the legitimating’ lacks formal authority. I examine one putative explanation centred around the phenomenon of normalization, and I highlight some advantages that this account has in comparison to an alternative explanation, one that makes reference to the phenomenon of licensed authority. (shrink)

This article reports a critical discourse analysis of the legitimation strategies used in two Chinese government white papers about trade frictions between China and the United States. Drawing on the legitimation framework advanced by van Leeuwen to political discourse, it shows how the white papers use four main legitimation strategies: authorization, moralization, rationalization, and integration. It argues that the Chinese government uses these strategies to legitimate its responses to US trade policy and delegitimate the US government’s motives for initiating/escalating tensions. (...) This article also discusses how the use of these legitimation strategies draws from certain traditional Chinese cultural values, such as Confucianism, the culture of face, and collectivism. This article is a part of a larger research project studying discursive strategies in trade friction discourse and hopes to shed light on the attributes and functions of this type of discourse. (shrink)

During the Middle Ages, the principle of legitimate or right authority constituted a central part of the just war tradition. The question of which actors had the authority to declare war was so cen...

The article offers a reconstruction of John Rawls views on political legitimacy, from A Theory of Justice to his late writings on political liberalism. It argues that Rawls had three conceptions of legitimacy, not two as one might expect based on the distinction between his two major works. Its argument is that the most radical change in Rawls’ thinking about legitimacy occurs in ‘Introduction to the Paperback Edition’ and ‘The Idea of Public Reason Revisited’. Here Rawls assumes that there can (...) be a reasonable pluralism not only of comprehensive doctrines, but also of political liberal conceptions of justice. As a consequence, the standard of political legitimacy is no longer specified as sufficient justice relative to justice as fairness, but instead as sufficient justice relative to a family of political conceptions of justice – a family which in turn is animated by an ideal of public reasoning about constitutional matters and matters of basic justice. The article also shows how Rawls’ late ideal of public reason is grounded in the need for legitimate constitutional government. (shrink)

Background: Over the last several decades, scientists and social groups have frequently raised concerns about politicization or political interference in regulatory science. Public actors (environmentalists and industry advocates, politically aligned public figures, scientists and political commentators, in the United States as well as in other countries) across major political-regulatory controversies have expressed concerns about the inappropriate politicization of science. Although we share concerns about the politicization of science, they are frequently framed in terms of an ideal of value-free science, according (...) to which political and economic values have no legitimate role to play in science. For several decades, work in philosophy of science has identified serious conceptual and practical problems with the value-free ideal. -/- Objectives: Our objectives are to discuss the literature regarding the conceptual and practical problems with the value-free ideal and offer a constructive alternative to the value-free ideal. -/- Discussion: We first discuss the prevalence of the value-free ideal in regulatory science, then argue that this ideal is self-undermining and has been exploited to delay protective regulation. To offer a constructive alternative, we analyze the relationship between the goals of regulatory science and the standards of good scientific activity. This analysis raises questions about the relationship between methodological and practical standards for good science, tensions among various important social goods, and tensions among various social interests. We argue that the aims of regulatory science help to legitimize value-laden choices regarding research methods and study designs. Finally, we discuss how public deliberation, adaptive management, and community-based participatory research can be used to improve the legitimacy of scientists as representatives of the general public on issues of environmental knowledge. -/- Conclusions: Reflecting on the aims of regulatory science—such as protecting human health and the environment, informing democratic deliberation, and promoting the capacities of environmental justice and Indigenous communities—can clarify when values have legitimate roles in regulatory science. (shrink)

Theoretical approaches to public opinion are hard to find in the sociological literature, with the exception of the seminal work of Jürgen Habermas. One important alternative, although almost unknown in the English-speaking world, is offered in a few contributions by the systems theoretician Niklas Luhmann. Both critical theory and systems theory start from a historical analysis of the conditions that led to the rise of a public sphere and understand its function as the limitation and control of the arbitrariness of (...) power. Critical theory considers the public sphere as a social space where citizens can (or should) participate and discuss freely and without constraints. Thus, it legitimizes political power. Systems theory presents a completely different concept of the public sphere and conceives of it in terms of second-order observation. Through public opinion the modern political system observes itself and stimulates as well as limits its decision-making processes. This paper argues that both approaches share the idea that the political system, like every other social subsystem, must generate a system-specific uncertainty (i.e. specific conditions that it cannot control) in order to limit its own arbitrariness and to be able to develop its decision-making potential. Both approaches locate this uncertainty in the sphere of public opinion. But they radically differ in the way they conceptualize public opinion’s effects on modern politics. Such differences between critical theory and systems theory are illustrated by an analysis of recent political events. (shrink)

This paper examines self-legitimation in selected speeches of Abubakar Shekau, the longest-serving leader of Boko Haram terrorists (BHT). The article analyses seven of the speeches Shekau delivered during his reign as the BHT leader between 2009 and 2021, using f4analyse as a coding tool and Theo van Leeuwen’s (2008. Discourse and practice: New tools for critical discourse analysis) Discourse Legitimation approach to discourse analysis. The analysis discloses that Shekau uses three legitimation strategies: authorisation, moralisation and rationalisation to justify the actions (...) and practices of BHT. The three legitimation strategies are linguistically realised through positive self-presentation strategy by engaging in self-glorification, personalising and collectivising victory, and claiming and announcing success to legitimate the mission of the group in carrying out the struggle. The strategies are deployed to positively present Abubakar Shekau as fighting a legitimate struggle. (shrink)

Legitimate expectations should be considered in the transition to a low-carbon society. After explaining under what conditions and circumstances expectations are legitimate, this paper shows that those expectations whose frustration undermines the ability to plan, infringes basic moral rights, or is extremely costly for its bearer might justify a deviation in the baseline of justice in favour of the expectation holder. People should be notified about the likely frustration of their expectations so that they can avoid the frustration of their (...) expectations, adapt their life plans and minimise costs. Since the frustration of legitimate expectations seems unavoidable in the transformation to a low-carbon society, priority should be given to the protection of the expectations of those who cannot be materially compensated. Still, if two groups are eligible for material compensation, we should give priority to protecting the expectation of those who cannot continue with the same life plan as before if their expectations are frustrated. (shrink)

This essay critically assesses Anna Stilz's argument in Territorial Sovereignty: A Philosophical Exploration that legitimate states have a right to do wrong. I concede that individuals enjoy a claim against external interference when they commit suberogatory acts, but I deny that the right to do wrong extends to acts that would violate the rights of others. If this is correct, then one must do more than merely invoke an individual's right to do wrong if one hopes to vindicate a legitimate (...) state's right to commit injustices. Of course, there may be distinctive features of legitimate states that explain why they enjoy moral protections that individuals lack, but I argue that the value of collective self-determination is not up to this task. And even if these arguments fail, self-determination would at most explain why legitimate states enjoy a right to commit injustices against their own citizens; it would provide them no moral protection when they violate the rights of outsiders. (shrink)

Some authors have argued that legitimacy without authority is possible, though their work has not found much uptake in mainstream political philosophy. I provide an improved model how legitimate political institutions without authority are possible, the Transmission Model, which I couple with a thin substantive position, the Moral Value View. I defend the model against three common objections.

The focus of this article is on representations of irregular migration in a Scandinavian context and how irregular migrants are constructed as a target group. A common feature in many European states is the difficult attempt to navigate between an urge for control and respecting, upholding and promoting humanitarian aspects of migration management. Legitimizing policies therefore become extremely important as governments have to appease national voters to remain in power and have to respect European regulations and international conventions. Doing so (...) raises questions of social, political and economic rights, of moral obligations, of sovereignty, and of equity, as well as of how to define target groups and legal and categorical statuses into the debates. Having a backdrop in the theoretical framework of Carol Bacchi, Anne Schneider and Helen Ingram and Giorgio Agamben, this article looks at how policy problematizations and constructions of target populations guide and legitimize particular policy approaches and may end up marginalizing and excluding groups in society and ultimately become a challenge for democracy.Dansk abstract: Legitimering af politik: Hvordan politiske tilgange til irregulære indvandrere formuleres og legitimeres i SkandinavienFokus i denne artikel er på repræsentationer af irregulær migration i en skandinavisk kontekst og hvordan illegale indvandrere er konstrueret som målgruppe. Et fælles træk i mange vesteuropæiske nationalstater er det svære forsøg på at navigere mellem kontrol og samtidig respektere, forsvare og fremme humanitære aspekter af migrationsstyringen. At legitimere den givne politik er derfor blevet særdeles vigtigt fordi regeringerne er nødt til at formilde de nationale indvandringsskeptiske vælgere for at forblive ved magten og er nødsaget til at respektere europæiske regler og internationale konventioner. Dette italesætter en diskussion om sociale, politiske og økonomiske rettigheder, af moralske forpligtelser, af suverænitet, af at definere målgrupper og juridiske statuskategorier i debatterne. Artiklen har baggrund i en teoretisk ramme som er udstukket af Carol Bacchi, Anne Schneider, Helen Ingram og Giorgio Agamben. Artiklen ser på, hvordan politiske problematiseringer og konstruktioner af målgrupper vejleder og legitimerer bestemte politiske strategier og kan ende med at marginalisere og udelukke grupper i samfundet og i sidste ende blive en udfordring for demokratiske principper som sådan. (shrink)

Although the capability approach has had a tremendous impact on the development debate, it has had little to say about sustainable development. As several Human Development Reports have maintained, the last twenty years' gains in human development are not sustainable. The failure to include an integrate sustainability into the Human Development Index would thus give the wrong policy message. Drawing on the works of Amartya Sen and Thomas Scanlon, this article argues that sustainable development can be seen as a process (...) of increasing legitimate freedoms, the freedoms that others cannot reasonably reject. Thus, Sen's vision of development as freedom is amended to suggest limits to freedoms. Forms of development which are not sustainable can be reasonably rejected due, at least, to the harm and blighting entailed. Based on this, it is argued that at country level of comparison the Human Development Index should be combined with the Ecological Footprint to reflect sustainability, and that the Human Development Reports should give way to Sustainable Development Reports. (shrink)

It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host (...) of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. -/- This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses. (shrink)

The just war-criterion of legitimate authority – as it is traditionally framed – restricts the right to wage war to state actors. However, agents engaged in violent conflicts are often sub-state or non-state actors. Former liberation movements and their leaders have in the past become internationally recognized as legitimate political forces and legitimate leaders. But what makes it appropriate to consider particular violent non-state actors to legitimate violent agents and others not? This article will examine four criteria, including ‘popular support (...) and representation of a people’; ‘monopoly of violence and effective control over a people’; ‘compliance with international legal and just war standards’; and ‘predisposition to strive for a lasting peace’. It will be shown that out of these four criteria only the first can be defended. Furthermore, it will be illustrated that non-state violent agents may perfectly well satisfy this criterion. In contrast, state actors may clearly fail in this regard. But, it will also become obvious that in exceptional circumstances violent agents do not require explicit approval from the people on whose behalf they act. Finally, the article will argue that – in principle – individuals should be entitled to employ violence for political objectives. (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)

In Legitimate Differences, Georgia Warnke argues that we can make important progress in resolving a number of seemingly intractable political debates about various contested social issues if we stop viewing them as debates between defenders of different moral principles, and start seeing them as debates among defenders of different interpretations of the same set of moral principles. Competing interpretations of literary texts can differ and disagree and yet all be legitimate. Thus, if debates about social policy questions turn out to (...) be merely debates about how to interpret moral principles, Warnke claims, then it will be possible for citizens on different sides of these issues to recognize the legitimacy of the positions of their opponents. Through extensive discussions of the public debates in the U.S. about abortion, surrogacy, affirmative action, and pornography, she argues that taking such an interpretive turn will allow us to appreciate that it is possible for many sides in such debates to be defending legitimate positions. (shrink)

Critical-care decision making is highly complex, given the need for health care providers and organizations to consider, and constructively respond to, the diverse interests and perspectives of a variety of legitimate stakeholders. Insights derived from an identified set of ethics-related considerations have the potential to meaningfully inform inclusive and deliberative policy development that aims to optimally balance the competing obligations that arise in this challenging, clinical decision-making domain. A potential, constructive outcome of such policy engagement is the collaborative development of (...) an as-fair-as-possible dispute resolution process that incorporates an appropriated-justified, defensible critical-care obligation threshold. (shrink)

This paper brings into focus the concept of organizational secrecy by senior managers in the context of a major strategic change program. Underpinned by legitimation theory and utilizing a narrative methodology and a longitudinal investigation, we draw upon data from 52 interviews with 13 senior managers conducted at 3 months intervals over the course of 12 months. Our findings reveal that senior managers utilized seven discursive legitimation strategies to justify keeping secret that the organization intended to downsize, and they used (...) a different mix of legitimation strategies as the change process evolved. We labeled these discursive legitimation strategies as (1) Naturalization, (2) Rationalization, (3) Moralization, (4) Authorization, (5) Proceduralization, (6) Valorization, and (7) Demonization. Theoretically we bring a temporal perspective to understanding organizational secrecy and the central role that discursive legitimation plays. We show that the use of these discursive legitimation strategies are anchored to meta-narratives describing work practices and values associated with the organization’s culture. And that managers use discursive legitimation to manage the ethical implications of secrecy. (shrink)

ABSTRACTTwo recently proposed solar radiation management experiments in the United States have highlighted the need for governance mechanisms to guide SRM research. This paper draws on the literatures on legitimacy in global governance, responsible innovation, and experimental governance to argue that public engagement is a necessary condition for any legitimate SRM governance regime. We then build on the orchestration literature to argue that, in the absence of federal leadership, U.S. states, such as California, New York, and other existing leaders in (...) climate governance more broadly have an important role to play in the near-term development of SRM research governance. Specifically, we propose that one or more U.S. states should establish a new interdisciplinary advisory commission to oversee and review the governance of SRM research in their states. Centrally, we propose that state-level advisory commissions on SRM research could help build legitimacy in SRM research decision... (shrink)

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 (which only evasively explains a negative incident) is not a strong enough signal to counter this divestment behavior. Even substantial legitimation (which reports on measures and behavioral change) 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)

Ethical discussions have entered into the discourse of the International Whaling Commission. In accordance with the existing approach in international environmental law, countries can legitimately choose not to exploit a resource in the traditional sense. Recognition of this possibility is important because it is commonly suggested that countries must adopt a lethal approach to so-called “sustainable whaling” as there are no other legitimate alternatives. However, the precedent of Antarctica suggests otherwise in international environmental law. Moreover, when the possibilities of the (...) nonlethal utilization of whales via operations such as whale watching are examined, the legitimacy of the nonlethal choices is even stronger. (shrink)

Eine marktparadigmatische Wettbewerbsorientierung – symptomatisch die Exzellenzinitiative – hat die deutsche Hochschullandschaft radikal verändert und das Legitimationserfordernis gegenüber der Bürgerschaft verschärft. Hier setzt das Buch an und liefert eine dezidiert normative Fundierung für die legitime Gestaltung von Politik in der Demokratie im Hinblick auf die praktische Fruchtbarmachung für die deutsche Hochschulpolitik. Die Autorin bedient sich der legitimatorischen Ansätze von John Rawls im Sinne einer allgemeinen rationalen Zustimmungsfähigkeit und von John Dewey im Rahmen einer praktizierten sozialen Kooperation. Dewey wird weniger als (...) Gegenspieler zu Rawls, sondern als eine – pragmatistische – Komplettierung der Rawls‘schen Legitimationstheorie hinsichtlich der sozialen Praxis verstanden. Die abstrakten, politik-philosophischen Erörterungen werden dann im Hinblick auf ihre praktischen Implikationen für die Hochschulpolitik konkretisiert. Ein kooperatives, vertrauensvolles Zusammenwirken von gestärkter wissenschaftlicher und politischer Verantwortung sieht die Autorin als Weg hin zu einer lebendigen zivilgesellschaftlichen Öffentlichkeit und illustriert dies am Beispiel Wissenschaftsregionen. Die Arbeit verdeutlicht eine der bedeutenden Stärken der politischen Philosophie: theoretische Entwürfe für praktische Legitimationsaufgaben fruchtbar zu machen. (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)