This article aims to make conceptual room for a view about political legitimacy called the power-liability account. The view claims that politi- cal legitimacy is a form of normative power that entails moral liability, but not necessarily a moral claim-right that entails moral duty. The power-liability account supports appealing interpretations of justified civil disobedience in the face of legitimate but unjust law at home and of justified human rights interventions that violate legitimate international law abroad. I argue here only for (...) the conceptual possibility of this view, not for its normative correctness. I believe that the power-liability view indeed is correct, but it often is thought that the view not only is false but also incoherent. Many hold that entailed duty and immunity are built into the meaning of the concept of political legitimacy. My task is to loosen these conceptual strictures. (shrink)

Interest in the political relevance of the emotions is growing rapidly. In light of this, Hannah Arendt’s claim that the emotions are apolitical has come under renewed fire. But many critics have misunderstood her views on the relationship between individuals, emotions and the political. This paper addresses this issue by reconstructing the conceptual framework through which Arendt understands the emotions. Arendt often describes the heart – where the emotions reside – as a place of darkness. I begin by tracing this (...) metaphor through her work to demonstrate that it is meant to convey the inherently uncertain nature of emotions rather than a devaluation of them. I proceed to challenge the notion that Arendt adopts the Enlightenment dichotomy between reason and emotion. In fact, she rejects both as a basis for politics. However, she does identify some constructive roles for the emotions. I argue that fear is intrinsically connected to courage – the principal political virtue – in Arendt’s philosophy. In light of my discussion, I then reinterpret the role of compassion and pity in On Revolution, concluding that Arendt’s insights can help us avoid the potential pitfalls of the contemporary project to recuperate the emotions in politics. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

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 (...) the many evaluations we increasingly make of international institutions of various sorts, but also including domestic institutions. (shrink)

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.

Interest in the political relevance of the emotions is growing rapidly. In light of this, Hannah Arendt’s claim that the emotions are apolitical has come under renewed fire. But many critics have misunderstood her views on the relationship between individuals, emotions and the political. This paper addresses this issue by reconstructing the conceptual framework through which Arendt understands the emotions. Arendt often describes the heart – where the emotions reside – as a place of darkness. I begin by tracing this (...) metaphor through her work to demonstrate that it is meant to convey the inherently uncertain nature of emotions rather than a devaluation of them. I proceed to challenge the notion that Arendt adopts the Enlightenment dichotomy between reason and emotion. In fact, she rejects both as a basis for politics. However, she does identify some constructive roles for the emotions. I argue that fear is intrinsically connected to courage – the principal political virtue – in Arendt’s philosophy. In ligh... (shrink)

A legitimate state would have a right to rule. The problem is to understand, first, precisely what this right amounts to, and second, under what conditions a state would have it. According to the traditional account, the legitimacy of a state is to be explained in terms of its subjects’ obligation to obey the law. I argue that this account is inadequate. I propose that the legitimacy of a state would consist in its having a bundle of rights of various (...) kinds, which I specify. Among other things, a legitimate state would have the moral authority to impose and to enforce its law throughout its territory and to enforce its borders. I discuss familiar accounts of the circumstances under which a state would be legitimate, and I argue that none is satisfactory, given my proposal as to what the legitimacy of a state would consist in. Finally, I propose an argument which, I claim, supports a presumption that states are legitimate. (shrink)

In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we find disagreement (...) among philosophers about what constitutes the conceptual core of political authority: a power-right or a claim-right to rule. In this paper I show that both of these are problematic for a number of reasons. First, if we think that it is only the interests of the holders of a right to rule that justify the possession of authority, the conceptual core of authority must consist in a claim-right. However, this understanding of authority biases our thinking about legitimacy in favor of democratic exercises of power. Second, if we hold such a decisively democratic view of legitimacy, we confront an impasse with respect to addressing global collective action problems. Although it is clear that political authority is necessary or useful for solving these issues, it is doubtful that we can establish global institutions that are democratically authorized anytime soon. The paper suggests an alternative ‘Power-Right to Command View’ of political legitimacy that avoids the democratic bias and allows for thinking about solutions to global problems via global service authorities. (shrink)

A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...) and justice. Cumulatively the collection presents a distinctive social and political philosophy, exploring the nature of our most fundamental rights and obligations, and displaying the power and plausibility of Lockean ideal theory. (shrink)