What is it for something to be a disability? Elizabeth Barnes, focusing on physical disabilities, argues that disability is a social category. It depends on the rules undergirding the judgements of the disability rights movement. Barnes’ account may strike many as implausible. I articulate the unease, in the form of three worries about Barnes’ account. It does not fully explain why the disability rights movement is constituted in such a way that it only picks out paradigmatic disability traits, nor why (...) only the traits identified by the movement as constituting experiences of social and political constraint count as disability. It also leaves out the contribution of people other than disability activists, to the definition of disability. I develop Barnes’ account. On my account, a person is disabled if she is in some state which is constitutive of some constraint on her legitimate interests. This state must be the subject of legitimate medical interest and be picked out by the disability rights movement as among the traits for which they are seeking to promote progress and change. My account addresses the worries about Barnes’ account. It is also able to include all disabilities, rather than only physical ones. (shrink)

Safeguarding public interest was vital to early modern state legitimacy in Western Europe and East Asia. Wenkai He identifies similar patterns in state-society interactions surrounding public goods provision and explores how conflicts over public interest led to calls for fundamental political change and to modern representative politics.

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)

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)

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)

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)

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)

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)

This study is concerned with the use of epistemic legitimising strategies in online newspaper articles dealing with the Scottish referendum. In this sense, we seek to explore cases of epistemic stance that indicate epistemological positioning and persuade readers of the veracity of propositions. Our study covers Scottish journal articles published online within 5 days prior to results day. In this article, we are interested in the way the Scottish newspapers deal with the topic of the independence referendum and the degree (...) of commitment in journalists’ choice of linguistic strategies. We analysed the newspaper articles manually but corpus tools were also used in order to verify initial findings and for statistical purposes. The results of the use of epistemic stance devices in the different categories were contrasted and our conclusions showed the preferred legitimising strategies used by journalists in the Scottish newspapers. (shrink)

Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly (...) supposed. As standardly understood, the authority criterion provides a necessary condition for the justification of the resort to war, but has no bearing on the question of permissible conduct in war. In opposition, I argue for an alternative interpretation of the criterion, which attributes to it a fundamental role in assessing this latter question. With this revised interpretation in place, I then demonstrate its advantages by applying it to the practical issue of armed conflicts that are initiated and fought by non-traditional belligerents. While several theorists have recognised that this common feature of modern armed conflict poses a challenge to mainstream just war theory in general—and to the authority criterion in particular—I argue that existing discussions frequently misconstrue the nature of the challenge, since they assume the standard interpretation of the authority requirement and its role within the theory. I then show that the revised interpretation provides a clearer account of both the challenge posed by non-traditional belligerency and the kind of response that it requires. (shrink)

States are believed to be the paradigmatic instances of legitimate political authority. But is their prominence justified? The classic concept of state sovereignty predicts the danger of a fatal deadlock among conflicting authorities unless there is an ultimate authority within a given jurisdiction. This scenario is misguided because the notion of an ultimate authority is conceptually unclear. The exercise of authority is multidimensional and multiattributive, and to understand the relations among authorities we need to analyse this complexity into its (...) different aspects. Instead of ultimate authorities we can have actors endowed with superior authority over others in one regard, but not necessarily in another. And this limited superiority is sufficient for resolving conflicts. There is no need for ultimate authorities. Having discarded the notion of sovereignty we can embrace a different conception of legitimate authority, one that is not interested in the pedigree of actors, but in their capacity to serve its subjects. If states wish to retain their central role in the domain of political authority, they will have to earn it. (shrink)

Praise be to Allah and peace and blessings be upon the Messenger of Allah and his family and companions, and after: This research tagged with: "Family security is a legitimate purpose to achieve human security" aims to show the importance of family security, and how the Sharia paid great attention to it, and stressed the need to maintain it in all psychological, health, physical, economic and moral fields as the family is the first basic social unit and nucleus, which (...) is based on preserving it, the preservation of the human species, its security and stability, and thus the negligence of it is negligence of the human race and the human species as a whole. This research is supported by legal or Sharia ‘s texts that make it clear that achieving family security is a legitimate goal given great care by Islam, and there is no evidence of this clearer than the rotation of legal provisions either lawful or unlawful around the protection of the family: its religion, soul, mind, dignity and wealth, which preservation ot them represents the preservation of the highest levels of interests, and is called the five necessities. This research came after mentioning the legal texts supported by human studies and experiences as a source of knowledge that benefits the human race, and in support of what was stated in the legal texts of facts and results of interest that may increase the stability of the Muslim and his faith, and highlight the bright face of Sharia, away from other projects and trends that are imposed under the media noise and various pressures, despite the clarity of their destructive effects on the family and human society. The sufferings that were resulted of these devastating effects appered every where, that causes reluctance to show the truth and the beneficial and useful consequent of them, and therefore this research came as a contribution to the promotion and protection of family security as a legitimate purpose to achieve human security, where it included an introduction, seven investigations, results and conclusion. The first section included clarification of the truth of the purposes of Sharia, its sections and ranks, as the second section included confirmation that the role of women is large and important in the protection of family security and that their position in the family is responsible not hired, then the third and fourth sections indicated how Islam achieved health security and protected the family from physical and psychological diseases that may affect its members, then the fifth section showed how to achieve economic and living security, and the sixth section included a statement of how Islam achieved security for the family and protected it from extinction and weak reproduction, which endangers countries and the lack of renewal of generations resulting from the lack of births, while the seventh section dealt with the statement of how Islam achieved security for the family and protected it from crime that targets its foundation and entity. Praise be to Allah, Lord of the Worlds, and may Allah's prayers and peace be upon our Prophet Mohamed, his family and companions as a whole. (shrink)

The Iran depicted in the headlines is a rogue state ruled by ever-more-defiant Islamic fundamentalists. Yet inside the borders, an unheralded transformation of a wholly different political bent is occurring. A “liberal renaissance,” as one Iranian thinker terms it, is emerging in Iran, and in this pamphlet, Danny Postel charts the contours of the intellectual upheaval. _Reading "Legitimation Crisis" in Tehran_ examines the conflicted positions of the Left toward Iran since 1979, and, in particular, critically reconsiders Foucault’s connection to the (...) Iranian Revolution. Postel explores the various elements of the subtle liberal revolution and proposes a host of potential implications of this transformation for Western liberalism. He examines the appeal of Jürgen Habermas, Hannah Arendt, and Isaiah Berlin among Iranian intellectuals and ponders how their ideas appear back to us when refracted through a Persian prism. Postel closes with a thought-provoking conversation with eminent Iranian philosopher Ramin Jahanbegloo. A provocative and incisive polemic highly relevant to our times, _Reading "Legitimation Crisis" in Tehran_ will be of interest to anyone who wants to get beyond alarmist rhetoric and truly understand contemporary Iran. (shrink)

Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received less attention than other components of the theory. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and to debates surrounding it, and to suggest that this skepticism may be too (...) quick. First, it provides an analysis of the authority criterion, and argues there are (at least) two distinct moral claims associated with the criterion, requiring separate evaluation. Second, it outlines an increasingly influential “reductivist” approach to just war theory, and explains how it grounds powerful objections to the authority criterion. Third, and in response, it sketches the most promising strategies for providing a (qualified) defense of authority, and the further questions and complications they raise. Importantly, these strategies aim to rehabilitate the authority criterion from within a broadly reductivist view. (shrink)

In response to political pressures arising from controversial science policy decisions, the United Kingdom (UK) government conducted a review of its biotechnology governance framework in 1999, identifying best practices of open government and creating strategic bodies to adopt them. Drawing from empirical data on the context and nature of the open government framework, this paper argues that the framework may be interpreted as elasticizing objectivity. Value-neutral scientific objectivity is essentially 'stretched' into a pluralist objectivity that purports to represent a spectrum (...) of interests without privileging any, allowing the policy culture to retain its legitimating objectivity and authority. Governance implications of this analysis are discussed. (shrink)

In a common, pejorative sense of it, ideology consists in attitudes whose presence contributes to sustaining, by making them seem legitimate, social orders that are problematic. An important way a social order can be problematic concerns the prospects for well-being facing the people living in it. It can make some people wind up worse off than they could and should be. They have “real interests” that are not properly served by the social order, and the interests aligned with it (...) are in fact “false,” merely “apparent,” or “distorted.” Ideology critique consists in part in noting the existence of such different interests, and in challenging the latter to facilitate the fulfillment of the former. This picture of ideology critique implies that ideology thwarts well-being. This paper aims to clarify, develop, and vindicate this picture. It argues that ideology critique should indeed draw (inter alia) on prudential considerations, and that a specifically objectivist view of well-being would be fitting. The fruitfulness of this approach is shown by exploring the specific case of the critique of working practices in contemporary capitalism. (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)

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)

Children's vulnerability gives rise to duties of justice towards children and determines when authority over them is legitimately exercised. I argue for two claims. First, children's general vulnerability to objectionable dependency on their caregivers entails that they have a right not to be subject to monopolies of care, and therefore determines the structure of legitimate authority over them. Second, children's vulnerability to the loss of some special goods of childhood determines the content of legitimate authority over them. My (...) interest is in the so-far little-discussed goods of engaging in world discovery, artistic creation, philosophical pursuits and experimentation with one's self. I call these ‘special goods of childhood’ because individuals, in general, only have full access to them during childhood and they make a distinctive and weighty contribution to wellbeing. Therefore, they are part of the metric of justice towards children. The overall conclusion is that we ought to make good institutional care part of every child's upbringing. (shrink)

Historically the primary role of the Institutional Review Board (IRB) has been "to assure, both in advance and by periodic review, that appropriate steps are taken to protect the rights and welfare of humans participating as subjects in research" (U.S. FDA, 1996). However, there is much to suggest that IRBs have been unable to fulfil this mandate, particularly in regard to the matter of informed consent. Part of the problem in this regard is that the competing interests of other stakeholders (...) often undermine the IRB's capacity to serve the best interests of research subjects. This paper proposes an alternative view of the role of the IRB. It begins by treating the interests of other stakeholders as legitimate matters of concern for IRBs. Hence the process established to review and monitor human research should be treated as an exercise in social justice in which the interests of all legitimate stakeholders must be represented and considered. A variation of Rawls' (1971) heuristic "the veil of ignorance" is employed to explore the dynamic relationship between knowledge and interests that ensues when the role of the IRB is characterized in this manner. Inadequacies in the informed consent process are taken as illustrative of the inability of IRBs as they are presently construed to attend to the interests of research subjects. The major normative implication of the analysis offered here is that the role of the IRB must be expanded to include the granting of a provisional proxy consent on behalf of prospective research subjects. This provision is necessary, it is argued, if the interests of research subjects are to be fairly assessed by IRBs as a matter of social justice. It is necessary as well to ensure that an adequate standard of informed consent is attained. Somewhat paradoxically it is argued competing sets of interests the IRB must serve, rather than as the primary concern of the IRB. (shrink)

ABSTRACT Laurel Gleason contends that deliberative polling constrains the autonomy of participants and substitutes the ideas and agendas of ?experts? for those of the deliberators. However, the format and informational constraints faced by participants in deliberative forums are no worse, and are in many ways better, than those faced by ordinary citizens. The real problem with deliberative polls is that if they were to become popular, it would be tempting for interest groups and partisan elites to create polls in (...) which the constraints and briefing materials subtly tilted the participants in a desired direction. Public criticism of biased deliberative polls would, in turn, invite biased criticism of unbiased polls. In short, ?policing? the quality of deliberative polls could recreate the very pathologies of real-world democratic discourse that the polls are designed to rectify. However, this problem is not insurmountable, because the participants themselves can police the proceedings by questioning the veracity and balance of the briefing materials. (shrink)

It is a common enough view that market agents are self-interested, not benevolent or altruistic – call this market egoism – and that this is morally defensible, even morally required. There are two styles of defence – utilitarian and deontological – and while they differ, they confront a common problem. This is the availability problem. The problem is that the more successful the moral justification of self-interested economic activity, the less there is for the justification to draw upon. Religious justifications (...) of market egoism at least make a stab at dealing with the problem; secular accounts typically do not. (shrink)

How does propaganda differ from the legitimate persuasive practices that animate a healthy democracy? The question is especially salient as digital technologies facilitate new modes of political persuasion and the public square saturates with information factual and fabricated alike. In answer, we propose a typology based on the rhetorical strategies that propaganda and its legitimate counterpart each employ. We argue that the point of contrast between the phenomena turns on two key features: whether the rhetorical strategy sufficiently engages (...) our deliberative capacities, and whether it runs counter to our epistemic interests. While in practice the boundary between the concepts is not always sharp, the account identifies a set of conceptual tools that help better frame and come to grips with propaganda and legitimate political persuasion in an information-dense and increasingly complex media landscape. (shrink)

A revival of Confucianism in post-Mao China helped the government legitimate its power in the face of a new socio-political and economic situation. This paper specifically explores the role of Confucian self-cultivation in China’s governance. Drawing on Beetham’s theory of legitimation of power and Weber’s tri-typology of authority, we argue that self-cultivation, appealing to ingrained cultural values and traditions, fulfils the criteria of legitimation of power through two principles, namely, differentiation and community interest. In the context of suzhi (...) education and China’s national university entrance exam, we interrogate tensions and paradoxes between the need for a presentation of modern and liberal authority and the CCP’s one-party rule. The paper illustrates the complexity of China’s authoritarianism and the intricacies and intrinsic relevance of self-cultivation in current practice. (shrink)

This article discusses the normative implications of the European integration process by addressing the question of the legitimacy deficit in the EU and its member states. It starts from an analysis of legitimacy as implying a distinction between `polity' and `regime', each of which has an `internal' and an `external' dimension relating respectively to the subjective perceptions of citizens and to more objective- and universalist-oriented criteria. Standard accounts of the integration process and the constitutionalisation of the EU have overlooked the (...) complex ways in which polity- and regime-building interact. They have also emphasized the external legitimacy of the EU while neglecting the internal dimension. Both descriptively and prescriptively, the EU lies in between the interpretations offered by neofunctionalist or intergovernmental realists and federal idealists. The `internal' norms channelled through the EU's `regime' have helped form the economic interests appealed to by the former, but in rather different ways to that assumed by the latter. The result has been a polycentric `polity' with a multi-level `regime'. Consequently, we reject having either an EU written constitution that goes beyond the treaties or a federal legislature, advocating instead the `republican' model of a `mixed commonwealth'. (shrink)

In spite of recent efforts to promote cooperation between universities and industry, Germany still lacks a sufficient legal framework for regulating potential conflicts of interest resulting from university-industry cooperation. Prospective regulation of conflicts of interest has to take into account specific constraints imposed by the German constitution. It has to follow stringent procedural and material requirements and carefully weigh the individual researcher’s right to academic freedom against the public demand for objectivity in research. Because of this cautious consideration (...) of the conflicting interests constitutionally mandated in Germany, a potential regulation legitimate in this country may serve as a model for other countries facing the need of the adoption of such a regulation. (shrink)

The Vindiciae, contra tyrannos was the most infamous of the monarchomach treatises produced during the French wars of religion, and continued to be revered (or execrated) as a key part of the radical canon for well over a century after its publication. It is one of the first attempts to advance a systematic justification, with interlocking secular and religious arguments, of resistance against legitimately constituted political authority. This edition presents the first complete and accurate English translation of the work, a (...) comprehensive apparatus, and an introduction which provides the first detailed analysis of the argument and also reconsiders the much-disputed question of authorship. It will be of interest to a wide range of scholars working on the history of political thought and early modern Europe. (shrink)

The Committee on Women’s Rights and Gender Equality of the European Parliament is one of the key actors within the European Union institutional framework for gender equality policies. In the context of this Committee, women’s interests are continuously being defined by discursive and deliberative processes. Civil society actors are being included into these processes of policy-making through institutional funding and public hearings. Through the inclusion of particular organizations and the selection of experts for hearings, existing meanings are being reproduced and/or (...) challenged. The article argues that battlegrounds have been opened in recent years as dominant discourses are questioned by the inclusion and legitimation of new civil society actors. Both the FEMM Committee, as a feminist stronghold, and the established women’s organizations at the EU level are being challenged. It becomes contested who the gender experts are, and diverse understandings of gender equality and women’s interests are being articulated. (shrink)

This paper examines the legitimacy conditions of constitutionalism by examining one particular type of constitutional provision: provisions aimed at advancing future generations’ interests. After covering the main forms that such provisions can adopt; it first considers three legitimacy gains of constitutionalising them. It then explores two legitimacy concerns that so doing raises. Given that constitutions are difficult to amend; constitutionalisation may threaten future generations’ sovereignty. And it may also make the constitution’s content impossible to adapt to changing circumstances and interests. (...) Finally; the paper examines the ways in which such concerns may be addressed at the adoption; formulation; and amendment stages. In particular; it discusses if the use of sunset clauses and regular constitutional conventions may; and under what conditions; successfully address such concerns. (shrink)

The traditional concept of sovereignty is largely independent of democratic legitimacy and completely indifferent to any obligation towards non-national citizens. But can this traditional concept meet the normative expectations of a post-traditional understanding of political authority as well as the challenges of an ever more interconnected world? In order to respond to this question, the Article analyzes the conceptual presuppositions that lie at the basis of the notion of “sovereignty,” first regarding its sources, and second regarding the ideas of rationality (...) that are applied when sovereign actors operate. As far as the sources of sovereignty are concerned, it is argued that both of them - the “ascending” and the “descending” - although decisive for determining the quality of the legitimacy of political power, have little influence on a positive attitude of sovereigns towards aliens’ interests. To clarify the conditions for an opening of sovereign powers to solidarity, an assessment of the rationalities which are implemented when a sovereign puts actions into effect is therefore required. Yet most rationality concepts - or uses of practical reason - prove to be negative or at least useless when it comes to the question of supporting solidarity: the gamut ranges from open hostility towards the idea of taking the interests of aliens into account, through substantial indifference, to a positive approach which presupposes, however, non-provable metaphysical assumptions or an individual mindset with no pretension of issuing norms of general validity. Only the communicative conception of reason meets the criteria for a convincing justification of solidarity towards aliens as an obligation. The author therefore concludes that only an “ascending” sovereignty based on a communicative understanding of rationality can be considered fully legitimate insofar as the sovereign power, in this case, first originates from the will of the citizens and, second, is morally, politically and legally obliged to a solidaristic attitude towards the justified interests of non-citizens. (shrink)

The paper will focus on Rorty’s project as it emerges in the compelling introductions to his books from Philosophy and the Mirror of Nature onwards. Even disagreeing with his conclusions, some interesting items suggest that Rorty was a legitimate member of the pragmatist family and that he shared with classic pragmatists much more than a reader can see at first glance. First, Rorty understood better than anyone else that the fight against Kant’s rationalism is crucial to pragmatism considered as (...) a whole. He paralleled Kantism with the history of explaining knowledge as a mirroring representation and he wanted to get rid of it. Second, Rorty shared with classic pragmatists what I call the “synthetic drive” of philosophy, namely, the view of philosophy as the habit of action of looking at anything in a way that makes it “hang together with everything else.” Third, the outcome of the synthetic drive is conceiving philosophy as a transformative activity. In all these cases, Rorty took roads at odds with classic pragmatism but he did not betray the general aim and spirit of the American movement of thought. (shrink)

Pregnancy-based employment discrimination has long been a topic of interest for gender inequality scholars and civil rights agencies. Prior work suggests that employer stereotypes and financial interests leave pregnant women vulnerable to being fired. We still know little, however, about women’s interpretations of their terminations and how employers justify such decisions in the face of arguably protective laws. This article provides much needed, in-depth analyses of such dynamics and a relational account of pregnancy-based employment discrimination claims. Elaborating on theoretical (...) expositions of power and research surrounding the patriarchal character of organizational life, we draw on unique quantitative and qualitative data from verified cases of pregnancy-based firing discrimination. Our analyses reveal a two-pronged legitimation process where employers symbolically vilified pregnant workers while simultaneously amplifying ostensibly meritocratic organizational procedures and concerns. Pregnancy discrimination plaintiffs attempted to counter employer arguments. Yet, their limited power within the organizational hierarchy along with the culturally resonant nature of employer logics—logics that seem gender-neutral but that reify gendered assumptions and prioritize business profit—place pregnant women at a considerable disadvantage. Without attending to such cultural and structural power imbalances and the relational processes that undergird them, pregnancy discrimination will remain a significant problem. (shrink)

Conflicts of interest serve as a cipher for a radical rupture in the Flexnerian paradigm of medicine, and they can only be addressed if we recognize that health care is now practiced by institutions, not just individual physicians. By showing how "appropriate utilization of services" or "that which is medically indicated" is a function of socioeconomic factors related to institutional responsibilities, I point toward an administrative and organizational ethic as a needed component for addressing conflicts of interest. The (...) argument is developed by reviewing three important books. First, I consider Mark Rodwin's attempt to configure the economic structures of medicine so that classical fiduciary and scientific ideals can be fostered. Second, I consider E. Haavi Morreim's attempt to modify the classical ideals in order to account for new economic realities. Finally, by considering essays in a recent volume on conflicts of interest edited by Spece, Shimm, and Buchanan, I argue for a constructive dialectic between the approaches of Rodwin and Morreim. In order to properly address conflicts of interest, there must be a radical reassessment of medicine that accounts for the interrelation between scientific, ethical, and economic concerns. Until institutions come into view and professional ethics is developed to account for their role, legitimate interests and obligations of diverse parties cannot be harmonized. (shrink)

In spite of recent efforts to promote cooperation between universities and industry, Germany still lacks a sufficient legal framework for regulating potential conflicts of interest resulting from university-industry cooperation. Prospective regulation of conflicts of interest has to take into account specific constraints imposed by the German constitution. It has to follow stringent procedural and material requirements and carefully weigh the individual researcher’s right to academic freedom against the public demand for objectivity in research. Because of this cautious consideration (...) of the conflicting interests constitutionally mandated in Germany, a potential regulation legitimate in this country may serve as a model for other countries facing the need of the adoption of such a regulation. (shrink)

The paper deals with the mutual interest of both economic and social theory in exploring a broader concept of the rational and in finding validity claims for rational discourse. Efficiency and effectiveness are discussed as possible validity criteria in evaluating norms in practical discussion. In addition to the problem of defining validity criteria for argumentation on norms and social choices, a major difficulty arises from the lack of a legitimate reflective centre in society which could integrate behaviour with (...) norms and metapreferences. As ways of motivating cooperative, collective action, both norm commitment and self‐interest should be appealed to. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, (...) they cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

The legitimacy of political authority may be philosophically defended in a number of ways. It may be argued that the lineage, biological or otherwise, of a society's rulers confers upon them an entitlement to be obeyed. Or it may be contended that the body of law to which a polity's citizens are subject is just and, therefore, whatever group of governmental officials executes it does so legitimately. Alternatively, it may be maintained that the consensual genesis of a society's political institutions (...) can serve as its warrant. And finally, no one of the above justifications may provide, by itself, a sufficient ground for the exercise of political authority. Rather, some combination of them may be required to affirm the legitimacy of governmental institutions. (shrink)

This paper focuses on stakeholder identification as per the value sensitive design (VSD) approach applied to the context of quantum technologies (QT). We provide two comprehensive lists of stakeholders as starting points for VSD researchers and practitioners. These lists encompass a diverse range of organizations, including private companies, government agencies, NGOs, partnerships, and professional/trade organizations. Our aim is to facilitate the recognition, legitimation, and understanding of stakeholder interactions in the development of QT. These stakeholder lists can serve as a foundation (...) for designing and implementing policies and strategies that promote the ethical and responsible development of QT, considering the values and interests of various stakeholders. Furthermore, these lists can enable empirical and technical studies on specific QT innovations using an ethics-by-design approach like VSD. Overall, this paper contributes to a better understanding of the complex and dynamic nature of the QT landscape and highlights the importance of stakeholder engagement and collaboration in shaping its future. (shrink)

In the past 300 years philosophy has been preoccupied with the problem of knowledge. Since Descartes, traditional, prescientific culture has eroded under the sceptical attack and has been replaced by a new culture characterized by an unprecedented growth in scientific knowledge and its powerful models of explanation. Gellner seeks to understand "the differences between its two shores, the nature of the reasons and causes which explain or justify our firm location on one side of it." His concern is with relativism, (...) not only how to state the problem, but also how to find norms independent of any belief system which would codify or justify one system rather than another one. What this comes to is the legitimation of belief, the search for and use of final norms which are legitimate prior to any specific information about the world and serve as the final court of appeal for all study. This he claims is the central problem of the theory of knowledge. (shrink)

Privacy is a relational and relative concept that has been defined in a variety of ways. In this paper we offer a systematic discussion of potentially different notions of privacy. We conclude that privacy as the freedom or immunity from the judgement of others is an extremely useful concept to develop ways in which to understand privacy claims and associated risks. To this end, we develop a framework of principles that explores the interrelations of interests and values for various stakeholders (...) where privacy concerns have risen or are expected to rise. We argue that conflicts between the interests and values of different stakeholders may result in legitimate claims of privacy/transparency being ignored or underrepresented. Central to this analysis is the notion of a stakeholder. We argue that stakeholders are persons or groups with legitimate interests, of intrinsic value, in the procedural and/or substantive aspects of the privacy/transparency claim and subsequent judgements on that basis. Using the principles of access, representation, and power, which flow from our framework of analysis, we show how they can facilitate the identification of potential privacy/transparency risks using examples from the British National Health Service. (shrink)

In Chapter 5 of Liberalism’s Religion, Cécile Laborde considers the freedom and autonomy of religious associations within liberal democratic societies. This paper evaluates her central arguments in that chapter. First, I argue that Laborde makes things too easy for herself in dismissing controversies over the state’s legitimate jurisdictional authority. Second, I argue that Laborde’s view of when associations’ ‘coherence interests’ justify exemptions is too narrow. Third, I consider how we might develop an account of judicial deference to associations’ ‘competence (...) interests’. (shrink)

There are increasing calls internationally for the development of regulation and policies related to the rapidly growing nanotechnologies sector. As part of the process of policy formation, it is widely accepted that deliberative community engagement processes should be included, enabling publics to have a say about nanotechnologies, expressing their hopes and fears, issues and concerns, and that these will be considered as part of the policy process. The Australian Federal and State governments have demonstrated a commitment to these ideals, undertaking (...) a number of public engagement activities in recent years. However, despite promises that these community engagement activities will enable policy makers to identify complex and contested community attitudes, and that these will be included as part of the policy making process, a closer look at Australia’s engagement activities reveals something quite different. Through an analysis of a number of Australia’s nano-engagement activities, this paper demonstrates the limits of public engagement related to the development of nanotechnology related policies and regulation in Australia. Our analysis reveals the extent to which industry interests have captured policy makers and regulators, dissenting voices have been excluded from engagement processes, and engagement processes have not connected with actual policy making activities. Reflecting on these limits, this paper concludes with recommendations for improving public engagement processes related to nanotechnologies in Australia. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

The tobacco industry’s involvement in the electronic cigarette research that informs public health policy is controversial. On the one hand, some are concerned that their involvement presents conflicts of interest that bias research outputs and invalidate the policies that use them. On the other hand, some have argued that the tobacco industry may support valid research and contribute to the goals of public health, for instance, if the interests of the e‐cigarette industry could be part of a tobacco smoking (...) cessation policy. We approach this debate from the ethical perspective of the public interest and the public good, considering how legitimate researchers can square their expert opinion with validating tobacco industry‐funded research, given the perfidy of the tobacco industry and paucity of robust, conclusive evidence on the public health impacts of liberalizing e‐cigarette use. (shrink)

In his new book, Fred Schauer adopts a prototypical approach to the law in order to reestablish the importance of “The Force of Law”, and I strongly support his claim that there are interesting things to be said about the relationship between law and force. One aspect concerns the special kind of force to which the law is related. In the tradition of political philosophy, this kind of force has often been characterized with the state's monopoly on legitimate force. (...) Whereas the essay will support the idea that the law has a monopoly of force, it will challenge the idea that it is its legitimacy that makes it characteristic. It is a monopoly not so much on legitimate, but on ultimate force. The robustness of the force the law is—prototypically—related to, however, should not obscure the fact that the relation between law and force is quite delicate and precarious. Three strategies of the law to manage this fundamental precariousness are pointed out. (shrink)

The concept of deliberation in the Ukrainian philosophical discourse is both underestimated and overestimated. Underestimated — as a self-sufficient category that is not reducible to another con- cept, even if it is the concept of consensus or the concept of democracy. Deliberation appears pri- marily as a careful weighing and selection of arguments when making an important decision. Collegiality may or may not be present here, as well as openness. Therefore, the concept of deliber- ation is somewhat overestimated as something (...) that necessarily improves the quality of democratic procedures, and therefore, supposedly, deliberation itself is something democratic in nature. American political philosopher Joshua Cohen drew attention to the fact that deliberation can be of at least three types: individual deliberation, jury deliberation, and oligarch deliberation. The article analyzes these three types of deliberation and found that the closest to the democratic type of government is individual deliberation, or rather, joint deliberation of responsible citizens. While the deliberation of the jury is mostly closed, it is naturally limited access to the extent of the necessary competence of its possible participants. The deliberation of the oligarchs is even more closed and often even secret. However, the article states that it is more appropriate to replace the name «oligarchs» with the term «captains of business»: then the deliberation of the oligarchs ceases to be a cartel conspiracy, and turns into a coordinated protection of the interests of the national economy. However, for this, de- liberation itself is not enough, so not procedural, but other, namely, value factors of decision-making are needed. Democracy benefits from deliberation when the latter is complemented by the liberal and patriotic values of the participants in the deliberation. Already John Locke convincingly argues the importance of citizens achieving a common conscious agreement in state matters. However, for Locke, the very fact of having property was important, while in practice, achieving an effective agreement requires mechanisms for reconciling the positions of owners with very different amounts of property. To some extent, this problem can be solved by John Rawls` concept of justice. (shrink)