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  1. Institutional Legitimacy.N. P. Adams - 2018 - Journal of Political Philosophy:84-102.
    Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...)
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  • (2 other versions)The Morality of Freedom.Joseph Raz - 1986 - Ethics 98 (4):850-852.
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  • A systems analysis of political life ER -.David Easton - 1965 - Wiley.
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  • Human Rights, Legitimacy, and International Law.John Tasioulas - 2013 - American Journal of Jurisprudence 58 (1):1-25.
    The article begins with reflections on the nature, and basis, of human rights considered as moral standards. It recommends an orthodox view of their nature, as moral rights possessed by all human beings simply in virtue of their humanity and discoverable through the workings of natural reason, that makes them strongly continuous with natural rights. It then offers some criticisms of recent attempts to depart from orthodoxy by explicating human rights by reference to the supposedly constitutive connection they bear to (...)
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  • The Role of Authority.Scott Hershovitz - 2011 - Philosophers' Imprint 11.
    The most influential account of authority – Joseph Raz's service conception – is an account of the role of authority, in that it is an account of its point or function. However, authority does not have a characteristic role to play, and even if it did, the ability to play a role is not, by itself, sufficient to establish authority. The aim of this essay is to shift our focus from roles that authority plays to roles that people play – (...)
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  • Authority and reasons: Exclusionary and second‐personal.Stephen Darwall - 2010 - Ethics 120 (2):257-278.
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  • TRAIL-ing TWAIL: Arguments and Blind Spots in Third World Approaches to International Law.John D. Haskell - 2014 - Canadian Journal of Law and Jurisprudence 27 (2):383-414.
    Beginning in the early 1990s, Third World Approaches to International Law scholarship (TWAIL) destabilized the mainstream narrative within international law that its doctrines were constituted by the historic search for order between formally equal state sovereigns. Instead, TWAIL scholars argued that the key constitutive dynamic of the discipline was the colonial experience, which continues to hold powerful sway over the legal architecture of global regulation whereby international law functions to perpetuate inequality and oppression. At the same time, however, TWAIL scholarship (...)
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  • Public Opinion and the Legitimacy of International Courts.Erik Voeten - 2013 - Theoretical Inquiries in Law 14 (2):411-436.
    Public legitimacy consists of beliefs among the mass public that an international court has the right to exercise authority in a certain domain. If publics strongly support such authority, it may be more difficult for governments to undermine an international court that takes controversial decisions. However, early studies found that while a majority of the public trusts international courts, this was based on weak attitudes derivative from more general legal values and support for the international institutions. I reexamine these claims (...)
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  • The Legitimacy of Global Governance Institutions.Allen Buchanan & Robert O. Keohane - 2006 - Ethics and International Affairs 20 (4):405-437.
    The authors articulate a global public standard for the normative legitimacy of global governance institutions. This standard can provide the basis for principled criticism of global governance institutions and guide reform efforts in circumstances in which people disagree deeply about the demands of global justice and the role that global governance institutions should play in meeting them.
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  • The Uses and Abuses of Legitimacy in International Law.Christopher A. Thomas - 2014 - Oxford Journal of Legal Studies 34 (4):729-758.
    In recent decades, the term ‘ legitimacy ’ has featured heavily in debates about international law and international institutions. Yet the concept of legitimacy, mercurial as it is, has remained under-scrutinized, leading to confusion and misuse. Rather than advancing a particular conception of what may make international law legitimate, this article seeks to clarify and complicate how international lawyers understand and use legitimacy as a concept. To begin, the article distinguishes between legal, moral and social legitimacy. It highlights the different (...)
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  • Of international institutions.Thomas Christiano - 2012 - In Andrei Marmor (ed.), The Routledge Companion to Philosophy of Law. New York , NY: Routledge. pp. 380.
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  • The role of international law in reproducing massive poverty.Thomas Pogge - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. New York: Oxford University Press.
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  • The Legitimating Role of Consent in International Law.Matthew Lister - 2011 - Chicago Journal of International Law 11 (2).
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a (...)
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  • Reciprocal legitimation: Reframing the problem of international legitimacy.Allen Buchanan - 2011 - Politics, Philosophy and Economics 10 (1):5-19.
    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 (...)
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  • Democratic Equality and Political Authority.Daniel Viehoff - 2014 - Philosophy and Public Affairs 42 (4):337-375.
    This essay seeks to provide a justification for the ‘egalitarian authority claim’, according to which citizens of democratic states have a moral duty to obey (at least some) democratically made laws because they are the outcome of an egalitarian procedure. It begins by considering two prominent arguments that link democratic authority to a concern for equality. Both are ultimately unsuccessful; but their failures are instructive, and help identify the conditions that a plausible defense of the egalitarian authority claim must meet. (...)
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  • Democratic Legitimacy and International Institutions.Thomas Christiano - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. New York: Oxford University Press.
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  • The Legitimacy of International Law.John Tasioulas - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. New York: Oxford University Press.
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  • Debate: Procedure and Outcome in the Justification of Authority.Daniel Viehoff - 2010 - Journal of Political Philosophy 19 (2):248-259.
    Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...)
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  • International law and political philosophy: Uncovering new linkages.Steven Ratner - 2019 - Philosophy Compass 14 (2):e12564.
    Despite a common agenda of normative analysis of the international order, philosophical work on international political morality and international law and legal scholarship have, until recently, worked at a distance from one another.The mutual suspicion can be traced to different aims and methodologies, including a divide between work on matters of deep structure, on the one hand, and practical institutional analysis and prescription, on the other. Yet international law is a key part of the normative practices ofstates, has a direct (...)
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  • (2 other versions)The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
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  • Ronald Dworkin, State Consent, and Progressive Cosmopolitanism.Thomas Christiano - 2016 - In Wil Waluchow & Stefan Sciaraffa (eds.), The Legacy of Ronald Dworkin. New York, NY: Oxford University Press USA.
    In “A New Philosophy for International Law,” Dworkin defends an account of the basic moral standards by which the international system is to be evaluated. Two elements of this account are the focus of this chapter. The first element is the rejection of the doctrine of state consent as the basis of international law. The second is Dworkin’s commitment to a kind of non-cosmopolitan associativism. Here, I argue that Dworkin’s basic principles of international law do not support his non-cosmopolitan idea (...)
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  • [Book review] consent, dissent, and patriotism. [REVIEW]Margaret Levi - 1999 - Ethics 109 (4):909-911.
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  • Courts, Compliance, and the Quest for Legitimacy in International Law.Matthew Joseph Gabel & Clifford James Carrubba - 2013 - Theoretical Inquiries in Law 14 (2):505-542.
    International courts are an integral component of the international legal system. These courts have been proliferating over time and increasingly working to ensure state compliance with the rules of the international regulatory regimes they join. However, these courts face a fundamental challenge: while they can rule against governments in violation of the regime’s rules, they cannot enforce those decisions. Working from the first principle that the regulatory regime is designed to help resolve collective action problems among the signees, this Article (...)
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  • A New Philosophy for International Law.Ronald Dworkin - 2013 - Philosophy and Public Affairs 41 (1):2-30.
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  • Coercion, inequality and the international property regime.Eric Cavallero - 2009 - Journal of Political Philosophy 18 (1):16-31.
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  • The Limits of Razian Authority.Adam Tucker - 2012 - Res Publica 18 (3):225-240.
    It is common to encounter the criticism that Joseph Raz’s service conception of authority is flawed because it appears to justify too much. This essay examines the extent to which the service conception accommodates this critique. Two variants of this critical strategy are considered. The first, exemplified by Kenneth Einar Himma, alleges that the service conception fails to conceptualize substantive limits on the legitimate exercise of authority. This variant fails; Raz has elucidated substantive limits on jurisdiction within the service conception (...)
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  • Critical Reception of Raz’s Theory of Authority. [REVIEW]Kenneth Ehrenberg - 2011 - Philosophy Compass 6 (11):777-785.
    This is a canvass to the critical reaction to Joseph Raz’s service conception of authority, as well as actual or possible replies by Raz. Familiarity is assumed with the theory itself, covered in a previous article. The article focuses primarily on direct criticisms of Raz’s theory, rather than replies developed in the context of a theorist’s wider project.
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  • Survey Article: Global Investment Rules as a Site for Moral Inquiry.Steven R. Ratner - 2019 - Journal of Political Philosophy 27 (1):107-135.
    The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it (...)
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  • Global Justice, Poverty and the International Economic Order.Robert Howse & Ruti Teitel - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. New York: Oxford University Press.
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