Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) they acquire a pro-tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because the pro-tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them. (shrink)

John Rawls is a central figure in contemporary philosophical and theoretical discussions of civil disobedience, which hope to contribute to significant political debates around when and in which forms political dissent, protest and resistance are appropriate. Ignoring the frame in which Rawls discusses civil disobedience has led critics to wrongly attack his theory for being too restrictive when it is more likely to be too permissive. That permissiveness depends on treating any political order which does not come (...) close to fulfilling his theory of justice as absolutely illegitimate. In this sense, Rawls’ theory of political authority is binary and demanding. The problems his theory shares with most others, including his critics’, show that political authority needs to be disaggregated to make sense of the conditions under which different forms of protest and resistance are appropriate. (shrink)

I begin this essay with a notion of "authority" that makes a sharp distinction between authority and power, and grant that such authority is not only legitimate, but perhaps even necessary in human affairs. I then trace the devaluation of this idea through varying degrees of institutionalization, culminating in its political cooptation. I argue, finally, that what goes by the name of political authority is the very antithesis of the legitimate and necessary element that (...) we began with. (shrink)

In this article, I sketch a Kant-inspired liberal account of human rights: the freedom-centred view. This account conceptualizes human rights as entitlements that any political authority—any state in the first instance—must secure to qualify as a guarantor of its subjects' innate right to freedom. On this picture, when a state (or state-like institution) protects human rights, it reasonably qualifies as a moral agent to be treated with respect. By contrast, when a state (or state-like institution) fails to protect (...) human rights, it loses its moral status and becomes liable to both internal and external interference. I argue that this account not only steers a middle course between so-called natural-law and political approaches to human rights but also satisfies three important theoretical desiderata— explanatory power, functional specificity, and critical capacity. (shrink)

Alfred Stepan’s “twin-tolerations” thesis (2000) is a model for explaining different ways that religious and political authority come to be reconciled. In this paper, we investigate some obstacles and challenges to realizing a reconciliation between religious and political authority in the Kingdom of Saudi Arabia (KSA) that might result in a transition away from a theocratic monarchy to a more consultative form of political authority. Whereas most analyses of religion and politics in KSA focus (...) on geopolitics, the rentier state model, or economic and military aid from the United States, we also consider local factors that emphasize the agency of political and non-political actors within KSA, focusing in particular on education policy and how this policy is a barrier to political reform. Our position is not meant to replace the standard models, but rather to supplement them by offering a multi-variable perspective on the challenges and prospects for meaningful political reform in KSA. (shrink)

This article identifies an argument in Hobbes’s writings often overlooked but relevant to current philosophical debates. Political philosophers tend to categorize his thought as representing consent or rescue theories of political authority. Though these interpretations have textual support and are understandable, they leave out one of his most compelling arguments – what we call the lesser evil argument for political authority, expressed most explicitly in Chapter 20 of Leviathan. Hobbes frankly admits the state’s evils but (...) appeals to the significant disparity between those evils and the greater evils outside the state as a basis for political authority. More than a passing observation, aspects of the lesser evil argument appear in each of his three major political works. In addition to outlining this argument, the article examines its significance both for Hobbes scholarship and recent philosophical debates on political authority. (shrink)

There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a (...) cooperative scheme must reciprocate specifically by submitting to the scheme's rules. (shrink)

Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.

Standard definitions represent political authority as the power to give reasons (or pro tanto duties) by using speech. But the giving of reasons (or pro tanto duties) is routine among ordinary folk. Why, then, is establishing the reason-giving powers of the state not the very same problem as establishing the reason-giving powers of ordinary people? This article (i) shows that the literature does not have the resources to answer, (ii) develops a pragmatist answer, and then (iii) closes by (...) suggesting that, properly understood, the problem of political authority calls not for more permutations of, say, consent theory, but concrete, genuinely democratic political systems. (shrink)

The article focuses on the justification provided by classical contract theory for the right of states to enact laws and the corresponding obligation of political allegiance. First the distinction between political authority and parental authority developed by John Locke in his seminal work “Two Treatises of Government” is explored. Thereafter it is discussed why the interests the individuals have in the creation of a state fail to vindicate the exercise of governmental power. As regards David Hume’s (...) influential objections to contract theory it is argued that the consent criterion of political legitimacy withstands his criticism. Hume cannot establish that the core idea of Locke’s justificatory approach is mistaken; he merely demonstrates that hardly any existing state meets the consent requirement. Finally the question is discussed which conditions a state must fulfil in order to be entitled to claim that its citizens tacitly approve of its authority. (shrink)

In this article, I draw on the Mesoamerican institution of community offices (cargo) to support the view that political authority should be based on both political legitimacy and political expertise. I argue that the Mesoamerican tradition of cargos allows for a notion of political expertise that one acquires by rendering a service to one’s community. This expertise could be made a prerequisite for political representation without being vulnerable to several charges that have been levelled (...) against epistocracy. (shrink)

Here is my thesis (and the outline of this paper). Increasingly secret, complex and inscrutable computational systems are being used to intensify existing power relations, and to create new ones (Section II). To be all-things-considered morally permissible, new, or newly intense, power relations must in general meet standards of procedural legitimacy and proper authority (Section III). Legitimacy and authority constitutively depend, in turn, on a publicity requirement: reasonably competent members of the political community in which power is (...) being exercised must be able to determine that power is being exercised legitimately and with proper authority (Section IV). The publicity requirement can be satisfied only if the powerful can explain their decision-making—including the computational tools that they use to support it—to members of their political community. Section V applies these ideas to opaque computational systems. Section VI addresses objections; Section VII concludes. (shrink)

In The Problem of Political Authority, Michael Huemer argues that the contractarian and consequentialist groundings of political authority are unsuccessful, and, in fact, that there are no adequate contemporary accounts of political authority. As such, the modern state is illegitimate and we have reasons to affirm political anarchism. We disagree with Huemer’s conclusion. But we consider Huemer’s critiques of contractarianism and consequentialism to be compelling. Here we will juxtapose, alongside Huemer’s critiques, a theistic (...) account of political authority from Nicholas Wolterstorff’s book The Mighty and the Almighty. We think that Wolterstorff’s model does better than contractarianism and consequentialism at answering Huemer’s critiques. We also think that an abductive basis for God’s existence emerges from the inadequate authority accounts that Huemer surveys. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some (...) cases significant, such discontinuities fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and (...) better fulfils this condition. Consequently, in these cases, anarchist groups and societies and not the state have legitimate authority. When anarchism is not an existing alternative to the state, the state will, under Raz’s theory, have some legitimate authority, but that authority will be limited because anarchism remains a better possible alternative to the state. To support the political anarchist claim I discuss the anarchist collectives during the Spanish civil war, which I argue are an example of anarchism as an existing alternative to the state that better fulfils Raz’s service conception and also provide suggestive evidence that anarchism is in general a better possible alternative. I also discuss the relationship between political anarchism and authority and I argue that despite some tension they are not irreconcilable. I conclude that the interesting anarchist challenge for political theorists is political not philosophical. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an (...) alternative to that dominant approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

This article explores the relation between biological life and political life, placing it in the context of the ancient Greek distinction between the life of the home and the realm of politics. In contrast with the oikos, the life of the polis was characterized by attempts to exclude from its sphere both the constraints of necessity that oblige human action to conform to the exigencies of survival as well as the violence that accompanies this pursuit. Although this exclusion has (...) never been successful, the question of how to achieve it lies at the heart of the oldest philosophical reflections on politics and, in a more concealed fashion, remains central to our political concerns today. Invoking the work of Giorgio Agamben, this article explores the earliest discussions concerning the question “what is political life?” to show why so much depends upon how we answer this question. (shrink)

For the political naturalist, skepticism about political obligations only arises because of a basic confusion about the necessity of the state for human well-being. From this perspective, human beings are naturally political animals and cannot flourish outside of political relationships. In this paper, I suggest that this idea can be developed in two basic ways. For the thick naturalist, political institutions are constitutive of the best life. For the thin naturalist, they secure the basic background (...) conditions of peace and stability that are necessary for any minimally decent human life. Both approaches, however, are problematic, and while political institutions might have a special kind of value for human well-being, it is difficult to convert this claim into a justification for political obligations. (shrink)

With its June 2004 statement Catholics in Political Life, the United States Conference of Catholic Bishops opened an important and far-reaching discussion about how Catholic individuals ought to comport themselves in political life, and-indirectly-about how Catholic institutions-including Catholic law schools-ought to decide whether or not to give awards, honors, or platforms to those whose views about key moral and political issues may differ from the views expressed in the teachings of the Catholic Church. On the basis of (...) a simple and straightforward reading of the 2004 statement, it might appear that the bishops wanted to say that no Catholic institution-and thus no Catholic law school-should give awards, honors, or platforms to those who endorse or promote views that differ from the fundamental moral teachings of the Church. An important part of the statement plainly declares: "The Catholic community and Catholic institutions should not honor those who act in defiance of our fundamental moral principles. They should not be given awards, honors or platforms which would suggest support for their actions." A few moments of reflection will reveal, however, that the issue here is somewhat more complicated than what one might infer from a simple and straightforward reading of the statement. The aim of the present paper is not to settle the question of whether and how a Catholic law school ought to give awards, honors, or platforms to certain individuals or groups. Instead, the aim is to begin articulating some of the underlying conceptual issues that perhaps ought to be addressed in preparation for answering the further question of whether and how a Catholic law school ought to give awards, honors, or platforms to certain individuals or groups. (shrink)

Linda Zagzebski’s book on epistemic authority is an impressive and stimulating treatment of an important topic. 1 I admire the way she manages to combine imagination, originality and argumentative control. Her work has the further considerable merit of bringing analytic thinking and abstract theory to bear upon areas of concrete human concern, such as the attitudes one should have towards moral and religious authority. The book is stimulating in a way good philosophy should be -- provoking both disagreement (...) and emulation. I agree with much of what she says, and have been instructed by it, but it will be of more interest and relevance here if I concentrate upon areas of disagreement. Perhaps they are better seen as areas, at least some of them, where her emphases suggest a position that seems to me untenable, but that she may not really intend. In that event, I will be happy to have provoked a clarification or the dispelling of my misunderstanding. My focus will be upon problems in her account of communal authority and autonomy, especially with respect to religious and political authority. Here my worry is that she places too much trust in trust and not enough in what I call selective mistrust. (shrink)

Drawing primarily upon Dante’s three major philosophical treatises (De vulgari eloquentia, Convivio, and Monarchia), this essay explores how Dante’s ethico-political philosophy operates within the crucial tension between the phenomenology of time as the condition for the possibility of human moral development and yet also as, metaphysically speaking, the privation and imitation of eternity. I begin by showing that, in the De vulgari eloquentia, Dante’s understanding of the poetic and rhetorical function of the illustrious vernacular is tied to his (...) class='Hi'>political philosophy in a way that depends upon a rich but ultimately unresolved tension between (a) the demand that only an atemporal, unchanging vernacular would be suitable for the tasks of universal monarchy and (b) the recognition that only a temporal, localized, and changing illustrious vernacular could possibly bring about the existence of the universal monarchy. In the second half of the essay, I will turn to Dante’s treatment of the providential grounding for the independence of spiritual and temporal authority in Convivio and Monarchia. I will argue that Dante’s understanding of divine providence provides common justification for the temporal and spiritual authorities whose independence he otherwise insists upon. Finally, drawing on the letter to Cangrande della Scala (the authorship of which is disputed), I will discuss how, for Dante, the providential ground for the legitimacy of temporal authority can only be discerned through the allegorical interpretation of history itself. In light of my discussion of these themes in Dante’s political philosophy and its dependence on his understanding of divine providence, I will conclude with a brief reflection on how Dante’s understanding of divine providence might help us better appreciate important aspects of the neglected legacy of Renaissance humanism in the history of early modern philosophy. (shrink)

Spinoza's political thought has been subject to a significant revival of interest in recent years. As a response to difficult times, students and scholars have returned to this founding figure of modern philosophy as a means to help reinterpret and rethink the political present. Spinoza's Authority Volume II makes a significant contribution to this ongoing reception and utilization of Spinoza's 1670s Theologico-Political and Political treatises. By taking the concept of authority as an original framework, (...) this books asks: How is authority related to law, memory, and conflict in Spinoza's political thought? What are the social, historical and representational processes that produce authority and resistance? And what are the conditions of effective resistance? Spinoza's Authority Volume II features a roster of internationally established theorists of Spinoza's work, and covers key elements of Spinoza's political philosophy. (shrink)

The central aim of this article is to explore the power politics of perception between English and Irish representations within selected canonised Irish texts. The focal point of this article orbits around the relationship between the observer and the observed with an essential emphasis on the roles of defining and defined subjects. Focusing on the metaphorical framework of Father England as the authority of gaze and Mother Ireland as the object of gaze, this article introduces Ireland’s post-independence era as (...) the inception of a transformative journey that is characterised by a promise of self-definition after liberation from English dominion. In navigating the power dynamics of perception between Father England and Mother Ireland, this article takes a focused approach by analysing key literary works. Specifically, James Joyce’s “The Dead” (1914), Máirtín Ó Cadhain’s The Key (1949), and John Banville’s The Book of Evidence (1989) serve as illustrative examples. With these texts, this article aims to depict the trajectory of Ireland’s evolution from a position of being defined to a self-defining position. (shrink)

In the discipline of international relations there are contending general theories or theoretical perspectives. Realism, also known as political realism, is a view of international politics that stresses its competitive and conflictual side. It is usually contrasted with idealism or liberalism, which tends to emphasize cooperation. Realists consider the principal actors in the international arena to be states, which are concerned with their own security, act in pursuit of their own national interests, and struggle for power. The negative side (...) of the realists’ emphasis on power and selfinterest is often their skepticism regarding the relevance of ethical norms to relations among states. National politics is the realm of authority and law, whereas international politics, they sometimes claim, is a sphere without justice, characterized by active or potential conflict among states. Not all realists, however, deny the presence of ethics in international relations. The article presents a comprehensive picture of political realism. -/- Korab-Karpowicz, W. Julian, "Political Realism in International Relations", The Stanford Encyclopedia of Philosophy (Summer 2018 Edition), Edward N. Zalta (ed.). (shrink)

This thesis focuses on Carl Schmitt’s political theory of the strong state and the way his own concept of the political justifies strong coercive methods to de-politicise the economy. According to Schmitt, the strong state should have the legitimate capacity to counter democratisation of the economy and limit the possibility of social movements from “confounding” (Verwirrung) or “confusing” (Vermischung) the state and economy. Unlike many, who argue that Schmitt was in this extent (an economic) liberal, as he sought (...) to uphold a distinction between politics and economy, I argue that behind Schmitt’s institutional distinction between state and economy lies an explicitly anti-liberal conceptual distinction between the political and social. It is the task of this conceptual distinction to justify strong coercive means to counter socialist demands for economic justice. The distinction is anti-socialist or anti-democratic as it tries limit the “uncontrollable” expansion of the state into the economy by establishing the autonomy of the political from the economy. This enables him to accuse democratic forces of illegitimately “politicising” the economy in a way that contradicts this necessary autonomy. On the other hand, the distinction is anti-liberal as it does not argue for the autonomy of the economy, but its relative dependence on the strong state to uphold social order necessary for capitalist system of production. I have decided to use the term “authoritarian distinction” to define Schmitt’s conceptual distinction and its normative implications. The authoritarian distinction between the political and social is not simply a conceptual distinction but it establishes a normative basis for re-organising the relationship between the state and economy. In order to flesh out the specific nature of Schmitt’s authoritarian distinction, I have connected his thought with other theories of sovereignty and how they support the state’s authoritarian relationship with the economy. The thesis has three objectives. First, I want to develop a form of analysis of Schmitt’s work that connects his theoretical work with political struggle. To engage in political theory and conceptual work means to take part in politics. The concept of the political is no different, and it cannot be detached from political and normative entailments as it seeks to transform the way we perceive politics. In contrast to those who argue that Schmitt’s work on the concept of the political can be abstracted from his own political objectives, I analyse his conceptual work in tandem with his texts that explicitly engage in the politics of his time. On the basis of this analysis, I show that Schmitt’s abstract work takes part in the class struggle that was prevalent in the Weimar Republic. The conceptual distinction between the political and social is at the heart of his attempt to authorise exceptional measures to counter the labour movement of his time. Second, it is far too often that all distinction of the state and economy are reduced to analyses of liberalism. This has meant that Schmitt, too, has been claimed to adhere to a version of liberalism simply because his theory justifies limiting the politicisation of the economy. To me it seems that the focus on the liberal side of de-politicisation has produced a very one-sided narrative. In order to argue this, I discuss to an extent other theorists of sovereignty, namely Hobbes and Rousseau, and point out that even they sought to establish a distinction between the state and economy in a way that contradicts liberalism but still leaves capitalist means of production intact. To reduce Hobbes or Schmitt to a role of a precursor to liberalism means to look aside the specific nature of their theory – and, for that matter, the specificity of liberalism. Furthermore, I discuss to an extent how both liberals and these various theories of sovereignty are similar in so far as they accept the modern development of the economy as its separate sphere from politics. Third, I want to criticise the recent attempts to appropriate Schmitt’s concept of the political on the left. Many have argued that Schmitt’s concept of the political as autonomous to the social is useful in overcoming traditional Marxism and use for radicalising democracy. However, my thesis suggests that this strategy needs to be problematised, as Schmitt’s conceptual distinction cannot be separated from his anti-democratic and -socialist economic policies. In the future, I hope to further explore this need to re-think the relationship between the political and social, and whether or not we should return to a more standard Marxist understanding of this relationship. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible (...) rule of the judges (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s (...) conception of social ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)

In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what (...) has arguably so far remained elusive: the basis for the authority of suitably democratic laws. In this paper, I argue that, despite its promise, the account Estlund develops is, in a crucial respect, incoherent: the principle of normative consent that he offers relies on a claim about a hypothetical situation, but the hypothetical situation at issue is one that, according to the principle itself, is morally impossible. (shrink)

Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the normativity of (...) formal standards where the role they play in our practical lives explains a distinctive kind of reason to obey them. We have this kind of reason to be polite because etiquette is important to us. We also have this kind of reason to be moral because morality is important to us. This parallel suggests that the importance we assign to morality is insufficient to justify it being substantive. (shrink)

Tainted political symbols ought to be confronted, removed, or at least recontextualized. Despite the best efforts to achieve this, however, official actions on tainted symbols often fail to take place. In such cases, I argue that political vandalism—the unauthorized defacement, destruction, or removal of political symbols—may be morally permissible or even obligatory. This is when, and insofar as, political vandalism serves as fitting counter-speech that undermines the authority of tainted symbols in ways that match their (...) publicity, refuses to let them speak in our name, and challenges the derogatory messages expressed through a mechanism I call derogatory pedestalling: the glorification or honoring of certain individuals or ideologies that can only make sense when members of a targeted group are taken to be inferior. (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political (...) legitimacy are through the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

This article takes issue with the stereotype of "Confucianism" as authoritarian, a view common in discussions of modern China as well as in scholarship on early China. By studying the roles of master and students and the relationship between them in the Analects , it attempts to show that according to this text the master did not occupy a position of complete dominance over the student. Masters are not generally considered to be like fathers, and students have more room to (...) dispute with their master than previously recognized. In contrast to later depictions of Kongzi, he is not presented as infallible in the Analects , and his students do not always accept his opinions. Questioning the master is often a good quality in a disciple. The master-student relationship, while undoubtedly hierarchical, did not involve complete submission by the student. It is argued here that there is little basis for concluding that the Analects is fundamentally authoritarian in its depiction of teaching. It further suggests a need for a distinct understanding of teaching authority that is not modeled on political authority. (shrink)

The paper discusses Linda Zagzebski's account of epistemic authority. Building on Joseph Raz's account of political authority, Zagzebski argues that the basic contours of epistemic authority match those Raz ascribes to political authority. This, it is argued, is a mistake. Zagzebski is correct in identifying the pre-emptive nature of reasons provided by an authority as central to our understanding of epistemic authority. However, Zagzebski ignores important differences between practical and epistemic authority. (...) As a result, her attempt to explain the rationality of belief on authority by applying an analogue of Raz's Normal Justification Thesis to the domain of belief fails. A successful explanation of the rationality of belief on authority will need to be attuned to the differences between political and epistemic authorities. (shrink)

Suffering can make sacred, so it may partly be nature, and not culture alone, that leads us to apprehend a sacred aspect in victims of oppression. Those who recognize this sacredness show piety—a special form of respect—toward members of oppressed groups. The result is a system of social constructions often dismissed as “identity politics.” This essay starts with an analysis of the intentionality of piety and sacredness and how they relate to suffering, sacrifice, sanctions, pollution, and purification. It then argues (...) that the sacralization of oppressed groups is an expression of the perennial human disposition to acknowledge sacredness and to respond piously. The essay then analyzes this sacred status as socially constructed. Based on the sacred-making power of suffering, the sacred status elicits piety, gives its bearers special authority, surrounds them with sanctions, and calls for symbolic sacrificial punishments of the impious. By dissecting sacrificial politics as a system of social constructions, we see that, although the oppressed groups are made sacred, certain people in the oppressor groups—“the Pious”—continue to exercise fundamental power. This essay, by displaying the inner logic of this cultural phenomenon, helps us both to sympathize with and to critique the system and then to pose questions about what good or bad the system might be doing. (shrink)

How should international law’s role in determining international distributive outcomes, economic and otherwise, affect how we think about its legitimate authority? Domestic institutions’ legitimate authority in respect of distribution derives in large part from their concurrent roles in enabling security and coordination. Internationally, by contrast, functional disaggregation means that distribution must be legitimised in its own right. I begin by distinguishing the phenomenon of Distributive International Law, on which my argument focuses. I next introduce a number of wide (...) instrumental accounts of legitimate authority, including Rawls’ Natural Duty account, Buchanan’s metacoordination view, and Williams’ political realism, showing how each understands legitimacy as an institution-level characteristic, allowing an institution’s success in one area to support its legitimacy in another where it may be less successful. This poses the question of how we distinguish amongst distinct institutions, which I answer by reference to the causal and constitutive (in)dependence amongst activities. This approach explains why distributive legitimacy does not arise as a separate question domestically: we cannot distinguish the state’s security and coordination activities from its distributive activities, so if the former are legitimate then so, ipso facto, are the latter. Internationally, by contrast, these mutual dependencies are limited, requiring that the legitimacy of distribution be established independently of other roles that international law plays. (shrink)

This paper explores the connections between two central topics in moral and political philosophy: the moral legitimacy of authority and the ethics of causing harm. Each of these has been extensively discussed in isolation, but relatively little work has considered the implications of certain views about authority for theories of permissible harming, and vice versa. As I aim to show, reflection on the relationship between these two topics reveals that certain common views about, respectively, the justification of (...) harm and the moral limits of authority require revision. The paper proceeds as follows. Sections 1 and 2 clarify the question to be addressed and set out two main claims that I will defend. Sections 3-5 argue for the first claim. Sections 6-9 defend the second. Section 10 concludes. (shrink)

In this paper I discuss two attempts to challenge mainstream liberal education, by Hannah Arendt and by contemporary Israeli philosopher Hanan Alexander. Arendt and Alexander both identify problems in liberal-secular modern politics and present alternatives based on reconnecting politics and education to tradition. I analyze their positions and bring them into a dialogue that suggests a complex conception of education that avoids many of the pitfalls of modern liberal thought. First, I outline Arendt and Alexander’s educational views and discuss their (...) similarities, arguing that both may be understood as opposed to the modern attempt to adopt a «view from nowhere» at the world. Next, I suggest that Alexander’s view may benefit from adopting Arendt’s conceptions of tradition and authority. In the consecutive section, I argue that Alexander sheds light on significant problems in Arendt’s approach to education, problems his understanding of critical dialogue can help solve. The succeeding section joins the two views together to form an approach I call «critical traditionalism», and examines it against prevailing approaches to political education. I conclude by pointing to an important point overlooked by both Arendt and Alexander, namely the need for internal political struggle within each tradition. (shrink)

The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories (...) of justice. Against that background, the paper considers aspects of a more plausible, deeper and more inclusive idea of public political justification that builds on a thinner, potentially cosmopolitan idea of the reasonable. The paper considers what content such an idea may have, and identifies a method of inclusive abstraction through which it may be enriched in content to render it fruitful for the purposes of a justification of principles of political justice. But the move toward more depth and inclusiveness faces constructivism with two challenges. First, inclusivism about the scope of political justification might not be able to avoid dogmatism unless it invokes perfectionist considerations. And second, the authority and appeal of a fruitfully rich idea of the reasonable depends on whether the addressees of political justification already value wide acceptability. (shrink)

The negative impacts of social media have given rise to philosophical questions around whether social media companies have the authority to regulate user-generated content on their platforms. The most popular justification for that authority is to appeal to private ownership rights. Social media companies own their platforms, and their ownership comes with various rights that ground their authority to moderate user-generated content on their platforms. However, we argue that ownership rights can be limited when their exercise results (...) in significant harms to others or the perpetration of injustices. We outline some of the substantive harms that social media platforms inflict through their practices of content moderation and some of the procedural injustices that arise through their arbitrary application of community guidelines. This provides a normative basis for calls to better regulate user-generated content on social media platforms. We conclude by considering some of the political and legal implications of our argument. (shrink)

According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and co-citizens. (...) In this article, on the contrary, we suggest that the liberal conception of states’ legitimate political authority demands, and not just permits, that developing states from which migration of skilled workers occurs set up contractual mechanisms. These mechanisms will ensure that state-funded training in the health sector is provided against a commitment on the part of future professionals to reciprocate with their services for the benefits obtained. If one of the conditions for the state to maintain legitimate political authority is to provide basic services such as healthcare to its subjects (while respecting at the same time their autonomy and freedom), then this is what developing states affected by the brain drain ought to do. What we call the authority-based approach to the brain drain also helps to clarify the obligations that other states have not to interfere with these contractual mechanisms when they exist, and not to profit from their absence. Inspired by FIFA’s legal instruments of training compensation and solidarity mechanism for the transfer of players, we conclude by suggesting a plausible global policy to complement this authority-based approach. (shrink)

The idea of the political, reconfiguring sovereignty and exception: Analysing theoretical perspectives of Carl Schmitt and Giorgio Agamben -/- Author / Authors : Meenakshi Gogoi Page no. 69-78 Discipline : Political Science/Polity/ Democratic studies Script/language : Roman/English Category : Research paper Keywords: Political, Sovereignty, Exception, Democracy, Rule of Law.

This book develops an integrated perspective on the practices and politics of making knowledge work in inclusive development and innovation. While debates about development and innovation commonly appeal to the authority of academic researchers, many current approaches emphasize the plurality of actors with relevant expertise for addressing livelihood challenges. Adopting an action-oriented and reflexive approach, this volume explores the variety of ways in which knowledge works, paying particular attention to dilemmas and controversies. The six parts of the book address (...) the complex interplay of knowledge and politics, starting with the need for knowledge integration in the first part and decolonial perspectives on the politics of knowledge integration in the second part. The following three parts focus on the practices of inclusive development and innovation through three major themes of transformative learning, evidence, and digitization. The final part of the book addresses the governance of knowledge and innovation in the light of political struggles about inclusivity. Exploring conceptual and practical themes through case studies from the Global North and South, this book will be of great interest to students, scholars and practitioners researching and working in development studies, epistemology, innovation studies, science and technology studies and sustainability studies more broadly. (shrink)

Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue (...) that the moral community must play a greater role in the domestic case and that the collection of individual political communities must play a greater role in the international case. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven (...) Years' War, a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

According to a recent interpretive orthodoxy, Spinoza is a profoundly democratic theorist of state authority. I reject this orthodoxy. To be sure, for Spinoza, a political order succeeds in proportion as it harnesses the power of the people within it. However, Spinoza shows that political inclusion is only one possible strategy to this end; equally if not more useful is political exclusion, so long as it maintains what I call the depoliticised acquiescence of those excluded.

Linda Zagzebski's "Epistemic Authority" (Oxford University Press, 2012) brings together issues in social epistemology with topics in moral and political philosophy as well as philosophy of religion. In this paper I criticize her discussion of self-trust and rationality, which sets up the main argument of the book; I consider how her view of authority relates to some issues of epistemic authority in testimony; and I raise some concerns about her treatment of religious epistemology and religious (...) class='Hi'>authority in particular. (shrink)

The term ‘Political Theology’ was not coined in the twentieth century. I am not absolutely sure about who was the first to introduce the term. As we shall shortly see, Salomon Maimon (1753-1800) used the term as part of the title to one of the chapters of his 1792/3 Lebensgeschichte, and it is the primary aim of my chapter to explain his understanding of the term. The idea that views about the divine (‘theology’) – true or false – could (...) have an important role in establishing (or undermining) political order and authority, or even in the promotion of the ideal state, goes back to Maimonides, al-Farabi, and ultimately, Plato. We are likely to hear echoes of these writers in the current chapter. Still, in addressing the background of Maimon’s discussion of political theology, I will focus on the one text which exerted the most significant influence on Maimon’s discussion of the issue: Spinoza’s Theological Political Treatise (1670). In order to explain Maimon’s understanding of political theology, we will proceed in the following order. In the first part of the chapter we will have our first encounter with the term and the role of secrets in religious matters. The second part will study Maimon’s definitions of, and distinctions among, various forms of religion. In the third and final part we will explore Maimon’s views about “the greatest of all the mysteries of the Jewish religion” and about the nature of that religion. (shrink)