Results for 'Legitimacy'

244 found
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  1. Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
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  2. Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
    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 (...)
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  3.  45
    Legitimacy and Institutional Purpose.N. P. Adams - forthcoming - Critical Review of International Social and Political Philosophy:1-19.
    Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in (...)
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  4. Institutional Legitimacy.N. P. Adams - 2018 - Journal of Political Philosophy:84-102.
    Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider (...)
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  5. Consensus, Compromise, Justice and Legitimacy.Enzo Rossi - 2013 - Critical Review of Social and International Political Philosophy 16 (4):557-572.
    Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...)
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  6.  64
    The UN Security Council, Normative Legitimacy and the Challenge of Specificity.Antoinette Scherz & Alain Zysset - forthcoming - Critical Review of International Social and Political Philosophy:1-21.
    This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes (...)
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  7. The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2017 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the (...)
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  8. On Political Legitimacy, Reasonableness, and Perfectionism.Thomas M. Besch - 2013 - Public Reason 5 (1):58-74.
    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 (...)
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  9. Legitimacy, Democracy and Public Justification: Rawls' Political Liberalism Versus Gaus' Justificatory Liberalism.Enzo Rossi - 2014 - Res Publica 20 (1):9-25.
    Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of (...)
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  10. Farewell to Political Obligation: In Defense of a Permissive Conception of Legitimacy.Jiafeng Zhu - 2015 - Pacific Philosophical Quarterly 96 (3).
    In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy without political (...)
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  11. Legitimacy and Consensus in Rawls' Political Liberalism.Enzo Rossi - 2014 - Iride: Filosofia e Discussione Pubblica 27:37-56.
    In this paper I analyze the theory of legitimacy at the core of John Rawls’ political liberalism. Rawls argues that a political system is well grounded when it is stable. This notion of stability embodies both pragmatic and moral elements, each of which constitutes a key desideratum of Rawlsian liberal legitimacy. But those desiderata are in tension with each other. My main claim is that Rawls’ strategy to overcome that tension through his theory of public justification is ultimately (...)
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  12. Political Legitimacy in Decisions About Experiments in Solar Radiation Management.David R. Morrow, Robert E. Kopp & Michael Oppenheimer - 2013 - In William C. G. Burns & Andrew Strauss (eds.), Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, and Governance Frameworks. Cambridge University Press.
    Some types of solar radiation management (SRM) research are ethically problematic because they expose persons, animals, and ecosystems to significant risks. In our earlier work, we argued for ethical norms for SRM research based on norms for biomedical research. Biomedical researchers may not conduct research on persons without their consent, but universal consent is impractical for SRM research. We argue that instead of requiring universal consent, ethical norms for SRM research require only political legitimacy in decision-making about global SRM (...)
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  13. The Abdication of King Kuai of Yan and the Issue of Political Legitimacy in the Warring States Period.Keqian Xu - 2008 - Journal of School of Chinese Language and Culture 2008 (3).
    The event that King Kuai of Yan demised the crown to his premier Zizhi, is a tentative way of political power transmission happened in the social transforming Warring States Period, which was influenced by the popular theory of Yao and Shun’s demise of that time. However, this tentative was obviously a failure, coming under attacks from all Confucian, Taoist and Legalist scholars. We may understand the development of the thinking concerning the issue of political legitimacy during the Warring States (...)
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  14. On Legitimacy and Authority: A Response to Krehoff.Bas van der Vossen - 2008 - Res Publica 14 (4):299-302.
    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 (...)
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  15. Legitimacy as a Mere Moral Power? A Response to Applbaum.Jiafeng Zhu - 2012 - Diametros 33:120-137.
    In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of (...)
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  16. ‘Victors’ Justice’? Historic Injustice and the Legitimacy of International Law.Daniel Butt - 2009 - In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. pp. 163.
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  17. On Renzo’s Attempt to Ground State Legitimacy in a Right to Self-Defense.Uwe Steinhoff - manuscript
    Massimo Renzo has recently offered a theory of legitimacy that attempts to ground the state’s right to rule on the assumption that people in the state of nature pose an unjust threat to each other and can therefore, in self-defense, be forced to enter the state, that is, to become subject to its authority. I argue that depending on how “unjust threat” is interpreted in Renzo’s self-defense argument for the authority of the state, either his premise that “those who (...)
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  18. Taking Stances, Contesting Commitments: Political Legitimacy and the Pragmatic Turn.Thomas Fossen - 2013 - Journal of Political Philosophy 21 (1):426-450.
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  19.  23
    Language and Legitimacy: Is Pragmatist Political Theory Fallacious?Thomas Fossen - 2019 - European Journal of Political Theory 18 (2):293-305.
    Eva Erman and Niklas Möller have recently criticised a range of political theorists for committing a pragmatistic fallacy, illicitly drawing normative conclusions from politically neutral ideas abo...
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  20.  8
    Europe at a Critical Legitimacy Juncture: Which People, Whose Values?Dr Franco Zappettini - 2019
    This paper discusses the discursive nexus of ‘the people’ drawing from the mediatisation and institutionalisation of Brexit. It focuses on how metadiscourses of popular sovereignty have been instrumental in the legitimation of Brexit and on how such discourses are now more widely echoed in different populist and nativist political projects across Europe that are seeking consensus through a delegitimation of the EU. The discussion draws attention to the emergence of counter discourses of the people but also to the structural conditions (...)
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  21. Rawls' Idea of Public Reason and Democratic Legitimacy.Fabienne Peter - 2007 - Politics and Ethics Review 3 (1):129-143.
    Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends (...)
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  22. Felon Disenfranchisement and Democratic Legitimacy.Matt S. Whitt - 2017 - Social Theory and Practice 43 (2):283-311.
    Political theorists have long criticized policies that deny voting rights to convicted felons. However, some have recently turned to democratic theory to defend this practice, arguing that democratic self-determination justifies, or even requires, disenfranchising felons. I review these new arguments, acknowledge their force against existing criticism, and then offer a new critique of disenfranchisement that engages them on their own terms. Using democratic theory’s “all-subjected principle,” I argue that liberal democracies undermine their own legitimacy when they deny the vote (...)
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  23. Democratic Legitimacy and Proceduralist Social Epistemology.Fabienne Peter - 2007 - Politics, Philosophy and Economics 6 (3):329-353.
    A conception of legitimacy is at the core of normative theories of democracy. Many different conceptions of legitimacy have been put forward, either explicitly or implicitly. In this article, I shall first provide a taxonomy of conceptions of legitimacy that can be identified in contemporary democratic theory. The taxonomy covers both aggregative and deliberative democracy. I then argue for a conception of democratic legitimacy that takes the epistemic dimension of public deliberation seriously. In contrast to standard (...)
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  24. “Legal Form and Legal Legitimacy: The IHRA Definition of Antisemitism as a Case Study in Censored Speech”.Rebecca Ruth Gould - 2018 - Law, Culture and the Humanities 1 (online first).
    The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption (...)
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  25.  37
    Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - forthcoming - European Journal of Political Theory:147488511983813.
    International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards for international institutions are predominantly either minimal or democratic and cannot capture the large variety of international institutions. This article develops an autonomy-based conception of legitimacy based on the justification of political power that is applicable to both international and domestic institutions. Political power as rule-setting is a particular normative threat to the personal (...)
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  26. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals (...)
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  27. Kant's Non-Absolutist Conception of Political Legitimacy –– How Public Right ‘‘Concludes’’ Private Right in the ““Doctrine of Right””.Helga Varden - 2010 - Kant-Studien 101 (3):331-351.
    Contrary to the received view, I argue that Kant, in the “Doctrine of Right”, outlines a third, republican alternative to absolutist and voluntarist conceptions of political legitimacy. According to this republican alternative, a state must meet certain institutional requirements before political obligations arise. An important result of this interpretation is not only that there are institutional restraints on a legitimate state's use of coercion, but also that the rights of the state are not in principle reducible to the rights (...)
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  28. The Asymmetry of Legitimacy.Bas van der Vossen - 2012 - Law and Philosophy 31 (5):565-592.
    State legitimacy is often said to have two aspects: an internal and an external one. Internally, a legitimate state has the right to rule over its subjects. Externally, it has a right that outsiders not interfere with its domestic governance. But what is the relation between these two aspects? In this paper, I defend a conception of legitimacy according to which these two aspects are related in an importantly asymmetrical manner. In particular, a legitimate state’s external right to (...)
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  29.  55
    Legitimacy and Justice in Republican Perspective.Philip Pettit - 2012 - Current Legal Problems 65:59-82.
    Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people’s being free citizens; that this does not require showing that the state exists by consensus or contract; that the best hope of satisfying (...)
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  30. Economic Theories of Democratic Legitimacy and the Normative Role of an Ideal Consensus.Christopher S. King & Chris King - 2013 - Politics, Philosophy and Economics 12 (2):156-178.
    Economic theories of democratic legitimacy (discussed here as minimalist theories) have criticized deliberative accounts of democratic legitimacy on the grounds that they do not represent a practical possibility and that they create conditions that make actual democracies worse. It is not simply that they represent the wrong ideal. Rather, they are too idealistic – failing to show proper regard for the cognitive and moral limitations of persons and the depth of disagreement in democratic society. This article aims to (...)
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  31.  93
    The Concept of Legitimacy.N. P. Adams - manuscript
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  32. Civic Education and Liberal Legitimacy.Harry Brighouse - 1998 - Ethics 108 (4):719-745.
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  33. Choice, Consent, and the Legitimacy of Market Transactions.Fabienne Peter - 2004 - Economics and Philosophy 20 (1):1-18.
    According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...)
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  34. Beyond Objective and Subjective: Assessing the Legitimacy of Religious Claims to Accommodation.Daniel Weinstock - 2011 - Les Ateliers de L’Ethique 6 (2):155-175.
    There are at present two ways in which to evaluate religiously-based claims to accommodation in the legal context. The first, objective approach holds that these claims should be grounded in « facts of the matter » about the religions in question. The second, subjective approach, is grounded in an appreciation by the courts of the sincerity of the claimant. The first approach has the advantage of accounting for the difference between two constitutional principles : freedom of conscience on the one (...)
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  35.  11
    Review of Equality and Legitimacy by Wojciech Sadurski. [REVIEW]Aness Webster - 2009 - Australian Journal of Legal Philosophy 34:266-268.
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  36. Justification, Legitimacy, and Social Embeddedness: Locke and Rawls on Society and the State.Simon Cushing - 2003 - Journal of Value Inquiry 37 (2):217-231.
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  37.  86
    On the Legitimacy of Intervention.C. Mantzavinos - 2014 - Journal of Institutional and Theoretical Economics 170 (1).
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  38.  45
    Against Legitimacy.Matt James - 2012 - Les ateliers de l'éthique/The Ethics Forum 7 (1):112-118.
    Francis Dupuis-Déri confronts the domestication of radical ideas in his superb and stimulating essay, “Global Protestors Versus Global Elites: Are Direct Action and Deliberative Politics Compatible?”, and leads to the intriguing claim that the legitimacy of radical anti-capitalist protest rests ultimately on its internally deliberative quality. This account, however compelling as it stands in many ways, seems to give undue predominance to legitimacy claims. The problem of democracy and global capitalism today is that the global justice movement’s designated (...)
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  39. The Threat of Algocracy: Reality, Resistance and Accommodation.John Danaher - 2016 - Philosophy and Technology 29 (3):245-268.
    One of the most noticeable trends in recent years has been the increasing reliance of public decision-making processes on algorithms, i.e. computer-programmed step-by-step instructions for taking a given set of inputs and producing an output. The question raised by this article is whether the rise of such algorithmic governance creates problems for the moral or political legitimacy of our public decision-making processes. Ignoring common concerns with data protection and privacy, it is argued that algorithmic governance does pose a significant (...)
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  40. Pure Epistemic Proceduralism.Fabienne Peter - 2008 - Episteme: A Journal of Social Epistemology 5 (1):33-55.
    In this paper I defend a pure proceduralist conception of legitimacy that applies to epistemic democracy. This conception, which I call pure epistemic proceduralism, does not depend on procedure-independent standards for good outcomes and relies on a proceduralist epistemology. It identifies a democratic decision as legitimate if it is the outcome of a process that satisfies certain conditions of political and epistemic fairness. My argument starts with a rejection of instrumentalism–the view that political equality is only instrumentally valuable. I (...)
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  41. Why Internal Moral Enhancement Might Be Politically Better Than External Moral Enhancement.John Danaher - 2019 - Neuroethics 12 (1):39-54.
    Technology could be used to improve morality but it could do so in different ways. Some technologies could augment and enhance moral behaviour externally by using external cues and signals to push and pull us towards morally appropriate behaviours. Other technologies could enhance moral behaviour internally by directly altering the way in which the brain captures and processes morally salient information or initiates moral action. The question is whether there is any reason to prefer one method over the other? In (...)
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  42.  32
    Can Schools Teach Citizenship?Michael Merry - 2018 - Discourse 40 (6):1-16.
    In this essay I question the liberal faith in the efficacy and morality of citizenship education (CE) as it has been traditionally (and is still) practiced in most public state schools. In challenging institutionalized faith in CE, I also challenge liberal understandings of what it means to be a citizen, and how the social and political world of citizens is constituted. I interrogate CE as defended in the liberal tradition, with particular attention to Gutmann’s ‘conscious social reproduction’. I argue that (...)
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  43. The Twilight of the Liberal Social Contract? On the Reception of Rawlsian Political Liberalism.Enzo Rossi - forthcoming - In Kelly Becker & Iain Thomson (eds.), The Cambridge History of Philosophy, 1945–2015. Cambridge: Cambridge University Press.
    This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to (...)
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  44. A Fair Play Account of Legitimate Political Authority.Justin Tosi - 2017 - Legal Theory 23 (1):55-67.
    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 (...)
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  45.  42
    Ice Cube and the Philosophical Foundations of Community Policing.Luke William Hunt - 2019 - Oxford University Press Blog.
    Essay on police legitimacy through public reason and community policing.
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  46. Legitimate, but Unjust; Just, but Illegitimate.Silje A. Langvatn - 2016 - Philosophy and Social Criticism 42 (2):132-153.
    The article offers a reconstruction of John Rawls views on political legitimacy, from A Theory of Justice to his late writings on political liberalism. It argues that Rawls had three conceptions of legitimacy, not two as one might expect based on the distinction between his two major works. Its argument is that the most radical change in Rawls’ thinking about legitimacy occurs in ‘Introduction to the Paperback Edition’ and ‘The Idea of Public Reason Revisited’. Here Rawls assumes (...)
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  47.  61
    What Are Basic Liberties?Attila Tanyi & Stephen K. McLeod - manuscript
    Two moral powers are central to Rawls’s approach to specifying the basic liberties: the capacity for a sense of justice and the capacity for a conception of the good. The fundamental case in which the first capacity is exercised is in “the application of the principles of justice to the basic structure and its social policies”. The fundamental case in which the second capacity is exercised is in “forming, revising, and rationally pursuing such a conception over a complete life”. Rawls (...)
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  48. Why Moralists Should Be Afraid of Political Values.Robert Jubb & Enzo Rossi - 2015 - Journal of Philosophical Research 40:465-468.
    In this rejoinder to Erman and Möller’s reply to our “Political Norms and Moral Values” we clarify the sense in which there can be specifically political values, and expound the practice-dependent notion of legitimacy adopted by our preferred version of political realism.
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  49. Tolerating Hate in the Name of Democracy.Amanda Greene & Robert Mark Simpson - 2017 - Modern Law Review 80 (4):746-65.
    This article offers a comprehensive and critical analysis of Eric Heinze’s book Hate Speech and Democratic Citizenship (Oxford University Press, 2016). Heinze’s project is to formulate and defend a more theoretically complex version of the idea (also defended by people like Ronald Dworkin and James Weinstein) that general legal prohibitions on hate speech in public discourse compromises the state’s democratic legitimacy. We offer a detailed synopsis of Heinze’s view, highlighting some of its distinctive qualities and strengths. We then develop (...)
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  50.  93
    The EU's Democratic Deficit in a Realist Key: Multilateral Governance, Popular Sovereignty, and Critical Responsiveness.Jan Pieter Beetz & Enzo Rossi - forthcoming - Transnational Legal Theory.
    This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up (...)
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