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)

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)

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.

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)

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)

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)

This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by law, and the (...) pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

This study aims to contribute to the understanding of business news coverage of corporate social responsibility within a comparative international context by investigating two business newspapers, The Wall Street Journal from the United States and The Financial Times from the United Kingdom. Drawing on the news framing research and the implicit and explicit CSR framework of Matten and Moon, this content analysis shows that business news coverage of CSR in the United States and in the United Kingdom differs in terms (...) of news framing, motive attributions of CSR as a concept, motive attributions of referenced companies in relation to CSR, general tone toward the concept of CSR, and the general tone toward referenced companies in relation to CSR. Most significantly, findings suggest that business news plays different roles in constructing and legitimizing CSR in the two countries. In the United States, CSR’s legitimacy and its conceptual positivity may be more implied through the coverage of singular events or actors, whereas in the United Kingdom, CSR’s illegitimacy and its conceptual negativity may be more exposed for further discussion through the coverage of larger societal contexts. Other theoretical as well as practical implications are also discussed. (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)

A group of philosophers led by the late John Pollock has applied a method of reasoning about probability, known as direct inference and governed by a constraint known as Reichenbach's principle, to argue in support of ‘thirdism’ concerning the Sleeping Beauty Problem. A subsequent debate has ensued about whether their argument constitutes a legitimate application of direct inference. Here I defend the argument against two extant objections charging illegitimacy. One objection can be overcome via a natural and plausible definition, (...) given here, of the binary relation ‘logically stronger than’ between two properties that can obtain even when the respective properties differ from one another in ‘arity’; given this definition, the Pollock group's argument conforms to Reichenbach's principle. Another objection prompts a certain refinement of Reichenbach's principle that is independently well-motivated. My defense of the Pollock group's argument has epistemological import beyond the Sleeping Beauty problem, because it both widens and sharpens the applicability of direct inference as a method for inferring single-case epistemic probabilities on the basis of general information of a probabilistic or statistical nature. (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)

This paper argues that the type of conscience claims made in last decade’s spate of cases involving pharmacists’ objections to filling birth control prescriptions and cases such as Ms. Means and Mercy Health Partners of Michigan, and even the Affordable Care Act and the Little Sisters of the Poor, as different as they appear to be from each other, share a common element that ties them together and makes them fundamentally different in kind from traditional claims of conscience about which (...) a practical consensus emerged in the 1980s and 1990s. This difference in kind is profoundly significant; so much so, we contend, that it puts them at odds with the normative basis for protecting conscience claims in United States health care settings in the first place, making them illegitimate. Finally, we argue that, given the illegitimacy of these contemporary claims of conscience, physicians and other health professionals must honor their well-established standing obligations to provide informed consent and refer or transfer care even if the service requested or needed is at odds with their own core moral beliefs—a requirement that is in line with the aforementioned practical consensus on traditional claims of conscience. (shrink)

This article examines John Stuart Mill's position as the principal historical opponent of legal moralism. I argue that inattention to the particular form of his opposition to legal moralism has muddied the interpretation of his liberty principle. Specifically, Mill does not endorse what I call the illegitimacy thesis, according to which appeals to harmless wrongdoings, whether or not they exist, are illegitimate in the justification of legal interference.

In this paper I respond to the replies of David Heyd and Yitzhak Benbaji to my paper ‘War and Self-Defense: Reflections on the War on Gaza’. Heyd’s relativizing of narrative overlooks the epistemic hierarchy among narratives and their important role in establishing facts, and his claim that Israel’s history is not colonialist in character fails because it is based on a misunderstanding of colonialism in general and settler colonialism in particular. Historically, I outline how Benbaji’s appeal to the legal status (...) of the Mandate is problematic, because it ignores the illegitimacy of the legal regime behind it, such that accepting his argument would be to legitimize colonialism. Theoretically, I defend the view contrary to Benjabi, that instead of their being a moral tie between two equal sides, the Palestinians have always had fundamental legal and moral rights that the Zionist project violated ab initio and continues to violate. (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)

In Time Deposits, Dimension, and Fraud (2009), William Barnett and Walter Block argue that by borrowing short and lending long there is an over issuance of property rights. Their article, however, does not fully extend the consequences of their contribution. Once this is done, it becomes clearer that their argument suits a great impediment to banking, becoming a possible reason to support rather than to oppose fractional reserve banking. Bagus and Howden (J Bus Ethics 90(3):399–406, 2009) comment on Barnett and (...) Block (J Bus Ethics 88(4):711–716, 2009), the authors claim that while maintaining the illegitimacy of fractional reserve deposits, borrowing short and lending long it is actually not illegitimate. An extension on Bagus and Howden (2009) will show that their line of argumentation can be applied as a defense of fractional reserve banking as well. (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)

The term qittīer designates the act of burning the food offerings, the 'iššîm, within the ritual sequence of all three types of sacrifice, the zébach, the ōlāh, and the minchāh. Incense is not an 'iššeh substance and is never associated with this piel conjugation. Qittēr appears to have been limited to intransitive use, while the synonyms hiqtîr and heelāh were used predominantly in transitive constructions. By the exilic or post-exilic period, hiqtîr seems to have become the preferred form for intransitive (...) use as well, supplanting qittēr completely. The term has no overtones of illegitimacy, as commonly presumed. (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 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)

Legitimist definitions of 'violence' are those that make explicit reference to the illegality, illegitimacy, or wrongfulness of the acts classified as acts of violence. All acts of violence, according to the legitimist definitions, involve a violation of some kind. I defend the view that legitimist definitions are defective—that notions like “wrongness” and “violation” are not part of the concept of violence. I offer three lines of argument: (1) that legitimist definitions of “violence” reduce the doctrine of nonviolence to a (...) trivial truth; (2) that legitimist definitions cannot accommodate common or easily imaginable cases of violence; (3) that legitimist definitions are defeated by an “open question” objection. (shrink)

This paper deals critically with Stanley Cavell’s Pursuits of Happiness, a study of seven film comedies from the 30’s and 40’s, among them The Philadelphia Story, His Girl Friday, Adam’s Rib, and It Happened One Night. Negatively, I argue that Cavell’s interpretations of the films he deals with are often extravagant, if held to any objective standard; that his conception of the genre of the comedy of remarriage is highly arbitrary, both in its inclusions and exclusions, and in its contention (...) that the genre does not have a history; and that the philosophy of marriage implicit in Cavell’s criticism is unsatisfactory in implying the illegitimacy of most existing marriages. Positively, I support his contentions that the genre has its roots in Shakespearean comedy and that the films often (sometimes quite consciously) raise the very difficult philosophical questions Cavell takes them to raise. Though I find much to disagree with, I contend that Cavell is writing criticism of the highest order. (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)