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)

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 (...) class='Hi'>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)

This paper attempts to provide a remedy to a surprising lacuna in the current discussion in the epistemology of expertise, namely the lack of a theory accounting for the epistemic authority of collective agents. After introducing a service conception of epistemic authority based on Alvin Goldman’s account of a cognitive expert, I argue that this service conception is well suited to account for the epistemic authority of collective bodies on a non-summativist perspective, and I show in detail (...) how the defining requirements of an expert can apply to epistemic groups. (shrink)

Many philosophical theories of self-knowledge can be understood as attempts to explain why self-ascriptions enjoy a certain kind of authority that other-ascriptions lack (the Authority Thesis). The aim of this paper is not to expand the stock of existing explanations but to ask whether the Authority Thesis can be adequately specified. To this end, I identify three requirements that must be met by any satisfactory specification. I conclude that the search for an adequate specification of the (...) class='Hi'>Authority Thesis leads to a dilemma: it either yields an interpretation under which the thesis is philosophically interesting but false, or it produces an interpretation under which the thesis is actually true but of minor philosophical interest. (shrink)

While much has been written about the functional profile of intentions, and about their normative or rational status, comparatively little has been said about the subjective authority of intention. What is it about intending that explains the ‘hold’ that an intention has on an agent—a hold that is palpable from her first-person perspective? I argue that several prima facie appealing explanations are not promising. Instead, I maintain that the subjective authority of intention can be explained in terms of (...) the inner structure of intention. In adopting an intention the agent comes to see herself as criticizable depending on whether she executes the intention. This allows us to explain in first-personal terms why the agent becomes disposed to act and deliberate in ways that are characteristic of intention. As intention-formation involves profound changes to reflexive evaluative attitudes, this is the ‘Self-Evaluation’ view of the subjective authority of intention. (shrink)

Dretske is a “conciliatory skeptic” on self-knowledge. Take some subject S such that (i) S thinks that P and (ii) S knows that she has thoughts. Dretske’s theory can be put as follows: S has a privileged way of knowing what she thinks, but she has no privileged way of knowing that she thinks it. There is much to be said on behalf of conciliatory skepticism (“CS” for short) and Dretske’s defense of it. We aim to show, however, that Dretske’s (...) defense fails, in that (in part) if his defense of CS’s skeptical half succeeds, then his defense of CS’s conciliatory half fails. We then suggest a potential way forward. We suggest in particular that the correct way of being a Dretskean conciliatory skeptic is to deny that S has a privileged way of knowing about her thoughts, but to grant that she is nonetheless an authority on her thoughts. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I (...) assess the normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

According to a recent account of epistemic authority proposed by Linda Zagzebski (2012), it is rational for laypersons to believe on authority when they conscientiously judge that the authority is more likely to form true beliefs and avoid false ones than they are in some domain. Christoph Jäger (2016) has recently raised several objections to her view. By contrast, I argue that both theories fail to adequately capture what epistemic authority is, and I offer an alternative (...) account grounded in the abilities that different kinds of authorities are required to possess. (shrink)

Epistemic paternalism is the thesis that in some circumstances we are justified in interfering with the inquiry of another for their own epistemic good without consulting them on the issue. In this paper, I address the issue of who is rationally entitled to undertake paternalistic interferences, and in virtue of which features one has this entitlement. First, I undermine the view according to which experts are the most apt people to act as paternalist interferers. Then, I argue that epistemic authorities (...) are in a better position to satisfy the requirements of justified epistemic paternalism, when conceived according to the service model of epistemic authority. Finally, I offer a virtue-based account of paternalist interferers and show how it can apply to cases in which the interferer is a group or an institution. (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)

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)

In The Varieties of Reference, Gareth Evans describes the acquisition of beliefs about one’s beliefs in the following way: ‘I get myself in a position to answer the question whether I believe that p by putting into operation whatever procedure I have for answering the question whether p.’ In this paper I argue that Evans’s remark can be used to explain first person authority if it is supplemented with the following consideration: Holding on to the content of a belief (...) and ‘prefixing’ it with ‘I believe that’ is as easy as it is to hold on to the contents of one’s thoughts when making an inference. We do not, usually, have the problem, in going, for example, from ‘p’ and ‘q’ to ‘p and q’, that one of our thought contents gets corrupted. Self-ascription of belief by way of Evans’s procedure is based on the same capacity to retain and re-deploy thought contents and therefore should enjoy a similar degree of authority. However, is Evans’s description exhaustive of all authoritative self-ascription of belief? Christopher Peacocke has suggested that in addition to Evans’s procedure there are two more relevant ways of self-ascribing belief. I argue that both methods can be subsumed under Evans’s procedure. (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)

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 authority (...) in particular. (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)

Ordinarily when someone tells us something about her beliefs, desires or intentions, we presume she is right. According to standard views, this deferential trust is justified on the basis of certain epistemic properties of her assertion. In this paper, I offer a non-epistemic account of deference. I first motivate the account by noting two asymmetries between the kind of deference we show psychological self-ascriptions and the kind we grant to epistemic experts more generally. I then propose a novel agency-based account (...) of deference. Drawing on recent work on self-knowledge, I argue that a person normally has a distinctive type of cognitive agency; specifically she is able to constitute her psychological attitudes by making judgments about what they ought to be. I then argue that a speaker expresses this agentive authority when she self-ascribes a psychological attitude and this is what justifies deferentially trusting what she says. Because the notion of expression plays a central role in this account, I contrast it with recent neo-expressivist theories. (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)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the (...) class='Hi'>authority must accept the position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (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 just war-criterion of legitimate authority – as it is traditionally framed – restricts the right to wage war to state actors. However, agents engaged in violent conflicts are often sub-state or non-state actors. Former liberation movements and their leaders have in the past become internationally recognized as legitimate political forces and legitimate leaders. But what makes it appropriate to consider particular violent non-state actors to legitimate violent agents and others not? This article will examine four criteria, including ‘popular (...) support and representation of a people’; ‘monopoly of violence and effective control over a people’; ‘compliance with international legal and just war standards’; and ‘predisposition to strive for a lasting peace’. It will be shown that out of these four criteria only the first can be defended. Furthermore, it will be illustrated that non-state violent agents may perfectly well satisfy this criterion. In contrast, state actors may clearly fail in this regard. But, it will also become obvious that in exceptional circumstances violent agents do not require explicit approval from the people on whose behalf they act. Finally, the article will argue that – in principle – individuals should be entitled to employ violence for political objectives. (shrink)

Feminists have urged women to take semantic authority. This article explains what such authority is, how it depends upon community recognition, and how it differs from privilege and from authority as usually conceived under patriarchy. Understanding its natures and limits is an important part of attaining it. Understanding the role of community explains why separatism is the logical conclusion of this project, and why separatism is valuable even to those who do not separate.

Mill’s aim in chapter 3 of Utilitarianism is to show that his revisionary moral theory can preserve the kind of authority typically and traditionally associated with moral demands. One of his main targets is the idea that if people come to believe that morality is rooted in human sentiment then they will feel less bound by moral obligation. Chapter 3 emphasizes two claims: (1) The main motivation to ethical action comes from feelings and not from beliefs and (2) Ethical (...) feelings are highly malleable. I provide a critical examination of Mill’s use of these claims to support his argument that Utilitarianism can preserve morality’s authority. I show how the two claims, intended to form a significant rebuttal to the worry about Utilitarianism, can in fact be combined to raise powerful skeptical concerns. I explain how Mill evades the skepticism, and why contemporary philosophers who lack Millian optimism about human nature find it harder to avoid the skeptical outcome. (shrink)

This article explores the notion of pedagogical authority as exercised in the Community of Inquiry, the method for facilitating Philosophy for Children (P4C). It argues that the teachers’ pedagogical authority in a Community of Inquiry is not predicated on their intellectual superiority or status. Rather it finds its legitimacy in their role as instigators of students’ thinking skills, which are assumed to be already possessed by the learners. This thesis is discussed in relation to Rancière’s concept of the (...) dissociation of the will and the intellect, which is treated here as conceptual complement to the existing interpretation of pedagogical authority as understood and practiced by scholars in the field of P4C. (shrink)

This essay is an analysis of the central arguments in Plato’s Crito. The dialogue shows, in a variety of ways, that the opinion of another person can have practical relevance in one’s deliberations about what to do – e.g. as an argument, as a piece of expert advice, as a threat. Especially important among these forms of practical relevance is the relevance of authoritative commands. In the dialogue, the Laws of Athens argue that Socrates must accept his sentence of death, (...) because he must regard the court’s verdict as a command from a practical authority – the city. The Laws’ arguments rely on special features of authority-reasons that many commentators have overlooked. This article explains why the Law’s arguments are unsuccessful. Finally, it is argued that Socrates’ description of ‘the many’ suggests that the city lacks the deliberative capacity necessary for possessing practical authority. (shrink)

How can we theoretically and philosophically study the problem of values and authority in the context of education? The chapter uses the framework of action theoretical semiotics developed mainly on the conceptual structures of Greimassian semiotic theory. This detailed and elaborated theory of human discourse (utilized usually in terms of literary and “cultural” texts) will be expanded by biosemiotic and Peircean points of view to fit in the special problem area of education as transformation or extension from the biosemiotic (...) and zoosemiotic sphere to anthroposemiotic sphere: from nature to culture. The main theoretical starting point for action theoretical semiotics is the concept of meaning which is defined as relationship of an object to the action of the subject. The chapter will connect the action theoretical semiotics to the conception of Bildung and modern idea of the normativity of the rational inference by, e.g., contemporary philosopher of semantics Robert Brandom, to consider the educational implications of this semiotic view. (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)

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)

In this paper I respond to Bernd Krehoff’s article ‘Legitimate Political Authority and Sovereignty: Why States Cannot Be the Whole Story’. I criticize Krehoff’s use of Raz’s theory of authority to evaluate the legitimacy of our political institutions. Krehoff argues that states cannot (always) claim exclusive authority and therefore cannot possess exclusive legitimacy. Although I agree with his conclusion, I argue that the questions of legitimacy and (Razian) authority are distinct and that we need to focus (...) more on the former in order to really support and defend Krehoff’s conclusions. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both (...) to pre-empt our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (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)

Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on (...) the aggressive side to use military violence against soldiers defending the victim state. Non-state actors, in contrast, have to fulfill more stringent requirements. If they do not, then even their attacks on military personnel can properly be called "terrorist." In the following I will argue that Finlay’s attempt to show the importance of the legitimate authority criterion of just war theory and to demonstrate that non-state violence has to satisfy heavier burdens of justification than state violence fails for a number of reasons: his claim that defenders would wrong victims if they defended them against their will is mistaken, he overlooks the fact that non-state agents need not claim to fight on someone’s behalf, the full moral authority he mentions is redundant, the powers he ascribes to “Lesser Moral Authority” are, depending on interpretation, either morally irrelevant or nonexistent, and his claim that granting states “Lesser Moral Authority” is beneficial from a “moral pragmatic” point of view while granting the same authority to non-state actors is not, is unwarranted. (shrink)

In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides (...) reasons for doubting that this ‘insularity’ can be achieved, and explores ways of reformulating the principle so that it does not exclude itself. (shrink)

The quality of our public discourse – think of the climate change debate for instance – is never very high. A day spent observing it reveals a litany of misrepresentation and error, argumentative fallacy, and a general lack of good will. In this paper I focus on a microcosmic aspect of these practices: the use of two types of argument – the argumentum ad hominem and appeal to authority – and a way in which they are related. Public debate (...) is so contaminated by the misuse of the ad hominem tactic that it is important to have an understanding of one of the ways in which its use may be legitimate. So readers who might have expected an analysis of the ad hominem fallacy will, on the contrary, be presented with an account of one of the places for its potential success. In ad hominem, arguers are viewed as legitimate constitutive targets for their own argument; in authority arguments, arguers provide a legitimate constitutive warrant for an argument they deploy. These types of argument are connected in so far as the identities of persons deploying them carry the cognitive weight of the argument. If authority arguments sometimes deserve to succeed, ad hominem attacks on them are potentially legitimate. An important motivation for this analysis is that in identifying the success conditions for one of the ad hominem types we attain some clarity in the evaluation of their use. (shrink)

This paper identifies strands of reasoning underlying several theories of democratic authority. It shows why each of them fails to adequately explain or justify it. Yet, it does not claim (per philosophical anarchism) that democratic authority cannot be justified. Furthermore, it sketches an argument for a perspective on the justification of democratic authority that would effectively respond to three problems not resolved by alternative theories—the problem of the expert, the problem of specificity, and the problem of deference. (...) Successfully resolving these problems is at least evidence for the viability of a justification of democratic authority. This perspective integrates procedural concerns with those about the quality of democratic outcomes. It shows that democratic authority, if there is such a thing, requires reliable democratic procedures as the only sort citizens could rationally accept. (shrink)

How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...) obligation producing: if x (e.g., a person, institution, or law) has authority over an agent, then the directives of x produce a significant reason for the agent to comply with the terms of the directive. This paper concerns the sense in which international law, and the law of nascent legal systems generally, generate moral obligations for their subjects, i.e., for those who fall under their claimed jurisdiction. (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)

The Authority Account provides a new explanation why commonsense morality contains prudential options—options that permit agents to perform actions that promote their own wellbeing more than the action they have most reason to do, from the moral point of view. At the core of that explanation are two claims. The first is that moral requirements are traditionally widely taken to have an authoritative status; that is, to be rules that morality imposes by right. The second is that in order (...) for moral requirements to have such a status, morality must contain prudential options. If both of these claims are true, then they will create a pressure to think of morality as containing prudential options. And according to the Authority Account, the fact that commonsense morality contains such options is the result of this pressure. (shrink)

Davidson and Burge have claimed that the conditions under which self-knowledge is possessed are such that externalism poses no obstacle to their being met by ordinary speakers and thinkers. On their accounts. no such person could fail to possess self-knowledge. But we do from time to time attribute to each other such failures; so we should prefer to their accounts an account that preserves first person authority while allowing us to make sense of what appear to be true attributions (...) of such failures.While the core idea behind Davidson’s and Burge’s accounts appears inadequate to this task, I argue that it can be deployed in such a way as to deliver the desired result. What makes this possible is that two attitude-types can differ as follows: the self-knowledge required for an utterance to be a Φing that p is different from the self-knowledge required for it to be a Ψing that p. (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.

Typically, expert judgments are regarded by laypeople as highly trustworthy. However, expert assertions that strike the layperson as obviously false or outrageous, seem to give one a perfect reason to dispute that this judgment manifests expertise. In this paper, I will defend four claims. First, I will deliver an argument in support of the preemption view on expert judgments according to which we should not rationally use our own domain-specific reasons in the face of expert testimony. Secondly, I will argue (...) that the preemption view does not leave room for rejecting an expert judgment simply because it is outrageous. Thirdly, I will argue that outrageous expert judgments are ambiguous. Whereas some of them should be rationally rejected by laypeople, others are true and rationally acceptable. So, being outrageous is not, in and of itself, a reason to reject the judgment. Finally, I will argue that there are resources available to the preemption view that enable the layperson to reject some but not all outrageous expert judgments. This is sufficient to overcome the challenge from outrageous expert judgments to the preemption view. (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 aren’t intrinsically reason providing (or “substantive”) 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. I here develop 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 the importance we assign to morality is insufficient to justify it being substantive. (shrink)

Donald Davidson aims to illuminate the concept of meaning by asking: What knowledge would suffice to put one in a position to understand the speech of another, and what evidence sufficiently distant from the concepts to be illuminated could in principle ground such knowledge? Davidson answers: knowledge of an appropriate truth-theory for the speaker’s language, grounded in what sentences the speaker holds true, or prefers true, in what circumstances. In support of this answer, he both outlines such a truth-theory for (...) a substantial fragment of a natural language and sketches a procedure—radical interpretation—that, drawing on such evidence, could confirm such a theory. Bracketing refinements (e.g., those introduced to.. (shrink)

The article presents a theoretical study of the most common and actual theories and approaches to the problem of understanding the correlation between the usage of authority, power, and responsibility in management; their influence on making managerial decisions; and the management style overall. The study suggests that there are various different theories that attempt to explain the nature of leadership, management, and authority. -/- The study differentiates authority and power, with authority being an official right to (...) manage given by the organization hierarchical structure, and power being an unofficial right given by the ability to solve problems. Furthermore, both authority and power come with responsibility, which is a function of control. -/- The study also differentiates management by style. This also leads to differentiation by decision-making approaches: each management style corresponds with a different approach to decision-making. -/- All in all, this article shows how important it is to study the correlation between the usage of authority, power, and responsibility in management in order to be able to choose an appropriate management style to facilitate maximum efficiency and effectiveness of decisions made. (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)

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)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to (...) use a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social (...) processes. While developments in this direction can certainly be observed, this article provides a more nuanced perspective. Outlining a long-term historical perspective, this article reconstructs the manifold and volatile dynamic between institutionalized forms of public and private authority. It does soon the basis of the argument that, in the course of this evolutionary process, the very function and meaning of both public and private authority has been fundamentally altered. This alteration implies the transformation of both dimensions into functionally limited and more specific phenomena. With this background, it becomes possible to argue that societal evolution is characterized by a dual expansion of both public and private forms of authority. The starting point is an understanding of authority as condensed power. Asymmetric relations implying either direct or indirect forms of domination are observable throughout society and are as such an intrinsic element of all social relations and processes. Authority is, however, based on a particular institutionalization of power, typically delineated and condensed with the help of legal instruments. Under radical modern conditions, law becomes constitutive for authority to the extent that one might argue that no form of authority exists outside its legal form. With this background, the article argues that the pre-1945 world at the local, national, and transnational level of world society was characterized by a relative dominance of private forms of authority. The process leading to state-based modern public law gaining not only a formal but also a factual capacity to structure societal processes was a century-long process: a process which implied an epic struggle aimed at undermining and eradicating alternative centers of public and private authority in society. It was, however, a first in the mid-twentieth century that an outright breakthrough of this claim and aspiration could be observed. The implied a respecification of public and private authority that remains central to our understanding of authority to this day. (shrink)