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)

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 that there can (...) be a reasonable pluralism not only of comprehensive doctrines, but also of political liberal conceptions of justice. As a consequence, the standard of political legitimacy is no longer specified as sufficient justice relative to justice as fairness, but instead as sufficient justice relative to a family of political conceptions of justice – a family which in turn is animated by an ideal of public reasoning about constitutional matters and matters of basic justice. The article also shows how Rawls’ late ideal of public reason is grounded in the need for legitimate constitutional government. (shrink)

Some of the barriers to the realisation of equality reflect the value of respecting prerogatives people have to favour themselves. Even G.A. Cohen, whose egalitarianism is especially pervasive and demanding, says that.

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)

The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...) ought to be exercised (the problem of justice of borders). The literature has explored the second but ignored the first. Therefore, I propose a different approach to the ethics of immigration by focusing on concerns of legitimacy in a three-step framework: first, identifying the kind of authority or power that immigration controls exercise; second, redefining borders as international and domestic institutions that issue that kind of power; and finally, considering supranational institutions that redistribute the right to exclude among legitimate borders. (shrink)

Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received less attention than other components of the theory. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and to debates surrounding it, and to suggest that this skepticism may be too quick. First, (...) it provides an analysis of the authority criterion, and argues there are (at least) two distinct moral claims associated with the criterion, requiring separate evaluation. Second, it outlines an increasingly influential “reductivist” approach to just war theory, and explains how it grounds powerful objections to the authority criterion. Third, and in response, it sketches the most promising strategies for providing a (qualified) defense of authority, and the further questions and complications they raise. Importantly, these strategies aim to rehabilitate the authority criterion from within a broadly reductivist view. (shrink)

In 2012, the politician Todd Akin caused a firestorm by suggesting, in the context of an argument about the moral permissibility of abortion, that some forms of rape were. This seemed to imply that other forms of rape must not be legitimate. In response, several commentators pointed out that rape is a and that there are. While the intention of these commentators was clear, I argue that they may have played into the very stereotype of rape endorsed by Akin. Such (...) a response, I claim, actually obscures a range of sexual harms, including some that may not rise to the level of being a crime. I also offer some thoughts on the moral psychology behind anti-abortion arguments of the kind advanced by Akin. (shrink)

The verb to legitimate is often used in political discourse in a way that is prima facie perplexing. To wit, it is often said that an actor legitimates a practice which is officially prohibited in the relevant context – for example, that a worker telling sexist jokes legitimates sex discrimination in the workplace. In order to clarify the meaning of statements like this, and show how they can sometimes be true and informative, we need an explanation of how something that (...) is officially illegitimate can have a kind of ersatz legitimacy conferred on it, and how this can occur even when the actor ‘doing the legitimating’ lacks formal authority. I examine one putative explanation centred around the phenomenon of normalization, and I highlight some advantages that this account has in comparison to an alternative explanation, one that makes reference to the phenomenon of licensed authority. (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)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (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)

What is it for something to be a disability? Elizabeth Barnes, focusing on physical disabilities, argues that disability is a social category. It depends on the rules undergirding the judgements of the disability rights movement. Barnes’ account may strike many as implausible. I articulate the unease, in the form of three worries about Barnes’ account. It does not fully explain why the disability rights movement is constituted in such a way that it only picks out paradigmatic disability traits, nor why (...) only the traits identified by the movement as constituting experiences of social and political constraint count as disability. It also leaves out the contribution of people other than disability activists, to the definition of disability. I develop Barnes’ account. On my account, a person is disabled if she is in some state which is constitutive of some constraint on her legitimate interests. This state must be the subject of legitimate medical interest and be picked out by the disability rights movement as among the traits for which they are seeking to promote progress and change. My account addresses the worries about Barnes’ account. It is also able to include all disabilities, rather than only physical ones. (shrink)

In this article I argue that while an attachment to one's country is both natural and even partially justifiable, cultivating loyal patriotism in schools is untenable insofar as it conflicts with the legitimate aims of education. These aims include the epistemological competence necessary for ascertaining important truths germane to the various disciplines; the cultivation of critical thinking skills ; and developing the capacity for economic self‐reliance. I argue that loyal patriotism may result in a myopic understanding of history, an unhealthy (...) attitude of superiority relative to other cultures, and a coerced sense of attachment to one's homeland. (shrink)

This essay critically examines Joseph Rouse's arguments against, what he dubs, the "legitimation project", which are the attempts to delimit and justify the scientific enterprise by means of global, "a priori" principles. Stipulating that a more adequate picture of science can be obtained by viewing it as a continuously transforming pattern of situated activities, Rouse believes that only by refocusing attention upon the actual practice of science can philosophers begin to detach themselves from the irresolvable epistemological problems that have (...) remained the primary byproduct of the traditional philosophical approach. On closer inspection, however, Rouse's project appears susceptible to the criticism that it is either too relativistic to do the work he envisioned for it, or that it participates in the very same legitimation venture that it was intended to replace (in addition to its own brand metaphysical/epistemological problems). This unexpected outcome, moreover, suggests that such legitimation projects may be an integral component of the very practice of science, contrary to Rouse estimate. (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)

There is lively debate on the question if states have legitimate authority to enforce the exclusion of (would-be) immigrants. Against common belief, I argue that even non- cosmopolitan liberals have strong reason to be sceptical of much contemporary border authority. To do so, I first establish that for liberals, broadly defined, a state can only hold legitimate authority over persons whose moral equality it is not engaged in undermining. I then reconstruct empirical cases from the sphere of international relations in (...) which what I call ‘colonial norms’ continue to play significant structuring roles. I argue that it is sometimes only by unveiling these colonial norms and the roles they play that we can understand how some states today culpably contribute to undermining the moral equality of persons over whom they will come to claim immigration-related authority. I thus contend that paying attention to colonial norms distinctly enables us to reveal a set of instances in which all liberals should agree that states forfeit legitimate authority over would-be immigrants. (shrink)

Racial profiling has come under intense public scrutiny especially since the rise of the Black Lives Matter movement. This article discusses two questions: whether racial profiling is sometimes rational, and whether it can be morally permissible. It is argued that under certain circumstances the affirmative answer to both questions is justified.

The paper discusses the foundation and genesis of the political society according to Locke, elaborating why the relationship between the civil society and the government is not defined in contractual terms, but by the notion of “trust”. Rehm argues against the view that Locke supports a liberal proceduralism, stressing that consent for him is indeed the necessary, but not the sufficient condition of legitimate political power: what needs to be added is action in accordance with the law of nature.

We leave in a beautiful and uniform world, a world where everything probable is possible. Since the epic theory of relativity many scientists have embarked in a pursuit of astonishing theoretical fantasies, abandoning the prudent and logical path to scientific inquiry. The theory is a complex theoretical framework that facilitates the understanding of the universal laws of physics. It is based on the space-time continuum fabric abstract concept, and it is well suited for interpreting cosmic events. However, it is not (...) well suited for handling of small, local topics as global warming, local energy issues, and overall common humanity matters. We now forward may fancy theories and spend unimaginable effort to validate them, even when we are perhaps headed in a wrong direction. For example, in our times matters of climate changes are debated by politicians based on economical considerations that are as illogical as they come. The venerable paths of scientific method developed during centuries by prominent scientists and philosophers has been willingly ignored and abandoned for various and prejudiced purpose. Contact email: [email protected] . (shrink)

This essay develops a thesis regarding the manner through which social institutions such as property come to be, and a second thesis regarding how such institutions ought to be legitimated. The two theses, outlined below, are in need of explication largely because of the entrenched cultural influence of an erroneous reading of social contract theory concerning the historical origins of the state. In part A, I introduce that error. I proceed in parts B and C to present two central theses (...) about institutions: Thesis 1: The construction of social institutions can be understood clearly only if that topic is distinguished from the topic of their normative status, or legitimacy. Thesis 2: The normative status of such institutions can be understood properly only if their legitimacy is distinguished from the legitimacy of government. With the distinction of Thesis 1 in place, an informative socio-technical account of the construction of institutions can be formulated with little ado. This allows for clarity concerning how institutions might be legitimated (Thesis 2), and consequently, legitimation can proceed. Some fundamentals of legitimation from a Kantian perspective are outlined in Part C. (shrink)

Jeanette Edwards observes a pattern of questions of the form “Why do anthropology fieldwork in location X?” - she only hears the question posed of some places - and she explains this pattern by saying that some places are taken to be obviously legitimate for anthropology fieldwork whereas others are not. I draw distinctions between legitimate and illegitimate, obviously legitimate and not obviously legitimate, and better and worse. The distinctions lead to a different explanation.

I present the concept of cross-disciplinary legitimacy: the fieldwork which an anthropologist has done is considered legitimate fieldwork in another discipline as well. Also, I present a puzzle regarding how the anthropologist untrained in another discipline can do such fieldwork and a response.

Respect for autonomy and beneficence are frequently regarded as the two essential principles of medical ethics, and the potential for these two principles to come into conflict is often emphasised as a fundamental problem. On the one hand, we have the value of beneficence, the driving force of medicine, which demands that medical professionals act to protect or promote the wellbeing of patients or research subjects. On the other, we have a principle of respect for autonomy, which demands that we (...) respect the self-regarding decisions of individuals. As well as routinely coming into opposition with the demands of beneficence in medicine, the principle of respect for autonomy in medical ethics is often seen as providing protection against beneficial coercion (i.e. paternalism) in medicine. However, these two values are not as straightforwardly opposed as they may appear on the surface. In fact, the way that we understand autonomy can lead us to implicitly sanction a great deal of paternalistic action, or can smuggle in paternalistic elements under the guise of respect for autonomy. -/- This paper is dedicated to outlining three ways in which the principle of respect for autonomy, depending on how we understand the concept of autonomy, can sanction or smuggle in paternalistic elements. As the specific relationship between respect for autonomy and beneficence will depend on how we conceive of autonomy, I begin by outlining two dominant conceptions of autonomy, both of which have great influence in medical ethics. I then turn to the three ways in which how we understand or employ autonomy can increase or support paternalism: firstly, when we equate respect for autonomy with respect for persons; secondly, when our judgements about what qualifies as an autonomous action contain intersubjective elements; and thirdly, when we expect autonomy to play an instrumental role, that is, when we expect people, when they are acting autonomously, to act in a way that promotes or protects their own wellbeing. I then provide a proposal for how we might work to avoid this. I will suggest that it may be impossible to fully separate paternalistic elements out from judgements about autonomy. Instead, we are better off looking at why we are motivated to use judgements about autonomy as a means of restricting the actions of patients or research subjects. I will argue that this is a result of discomfort about speaking directly about our beneficent motivations in medical ethics. Perhaps we can reduce the incentive to smuggle in these beneficent motivations under the guise of autonomy by talking directly about beneficent motivations in medicine. This will also force us to recognise paternalistic motivations in medicine when they appear, and to justify paternalism where it occurs. (shrink)

English Abstract This paper examines arguments made by the Argentinean philosopher Risieri Frondizi in his essay “On the Unity on the Philosophies of the Two Americas” regarding the legitimacy of unifying the philosophic traditions of the Americas. It argues that the present situation is much as it was in the 1950’s: the two largest philosophical communities of the Americas are still generally isolated from each other and the integration of these communities is a legitimate aspiration. The paper then examines the (...) concern, mentioned by Frondizi, that Pan-Americanism is political propaganda concealing U.S. imperialism in Latin America. It concludes that Frondizi’s arguments in favor of unifying American philosophies should encourage philosophers across the Americas to integrate the philosophical traditions of the Americas through a dialogue that explicitly addresses the United States’ history of anti-democratic actions in Latin America. Resumen en español Este articulo examina los argumentos formulados por el filósofo argentino Risieri Frondizi en su ensayo “Sobre la unidad de las filosofías de las dos Américas” con respeto a la legitimidad de la unificación de las tradiciones filosóficas de las Américas. Argumenta que la situación actual es tanto como lo fue en la década de 1950: las dos comunidades filosóficas más grandes de las Américas en general siguen siendo aislados unos de otros y la integración de estas comunidades es una aspiración legítima. Este articulo entonces se examina la preocupación, mencionada por Frondizi, que el panamericanismo es un tipo de propaganda política que oculta el imperialismo de EE.UU. en América Latina. Llega a la conclusión de que los argumentos de Frondizi en favor de unificación de las filosofías de las Américas deben fomentar los filósofos de las Américas para integrar las tradiciones filosóficas de las Américas a través de un diálogo que aborde explícitamente la historia de las acciones anti-democráticas en América Latina de los Estados Unidos. (shrink)

Imagine a group that faces a decision problem but does not agree on which decision procedure is appropriate. In that case, can a decision be reached that respects the procedural concerns of the group? There is a sense in which legitimate decisions are possible even if people disagree on which procedure to use. I propose to decide in favour of an option which maximizes the number of persons whose judged-right procedure happens to entail this decision given the profile. This decision (...) rule is based not only ona profile in the standard sense, but in addition on a profile of judged-right procedures. To justify this decision rule, I present a set of simple axioms leading to it as the only solution. (shrink)

Several countries have legalized euthanasia on the basis of medically diagnosable suffering over the last decennial; the criteria to which they adhere differ. The topic of this article is euthanasia on the basis of existential suffering. This article presents a recent proposal to legalize euthanasia for people who experience such suffering and then discusses the issue of what the value of life may be, and whether the standard that life is normally something positive should be accepted. This provides the foundation (...) to answer the question of whether euthanasia on the basis of existential suffering should be allowed. (shrink)

One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially corruptible. (...) On this account, Machiavelli says that a State can only maintain its authority through a continuous return to the originary moment, viz. to the revival of the experiences of "fear", "terror" and "punishment" lived in the originary event of the foundation. For that reason, in the origin of law is also the violence, whose combined function is to provide legitimacy to its exercise by the State apparatus as the only form to preserve political life from ruin.Uma das mais famosas e inovadoras teses de Maquiavel é a afirmação de que as boas leis nascem dos conflitos sociais, segundo o exemplo romano das oposições entre plebe e nobres. Os conflitos são capazes de produzir ordem por conter a força constritiva própria da necessidade, que impede a ambição de reinar. Contudo, a lei não neutraliza o conflito, mas apenas lhe dá uma ordenação. A lei está, pois, exposta à história, à contínua mudança, o que significa dizer que é potencialmente corruptível. Por causa desta possibilidade, Maquiavel afirma que um Estado somente mantém sua autoridade por meio de um retorno contínuo ao momento da origem, isto é, à revivência da experiência do "medo", do "terror" e da "punição" do acontecimento originário da fundação. Assim, na origem da lei está a violência, cuja função é proporcionar a legitimação de seu exercício pelo aparato estatal como única forma de preservar da ruína a vida política. (shrink)

This is a one-page handout specifying five kinds of legitimacy.

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)

From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz) premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a strong version (...) of the sources thesis (which is what Raz intends to prove). In conclusion, we return to the arguments presented, concluding with a possible difficulty for the adoption of exclusive positivism by people inside a legal practice. (shrink)

Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. Realisation (...) of the primary aim of this paper is linked to the problem of different meanings of the notion of universality, used in the context of the universal system of the protection of human rights. First, descriptive and normative meanings have to be distinguished. In the case of normative sense, there are moral and legal meanings of “universality”. An axiological justification of the universality of human rights in the legal sense leads to the legitimisation of the universal system. It is shown that modifications of – broadly accepted in the Polish theory of law – definitions of an axiological justification of legal norms are needed. These definitions base such a justification on the valuations made by particular groups of subjects. It is argued that it is much more convenient to refer to valuations understood as meanings of sentences of certain kind. -/- Streszczenie W artykule zmierza się do uzasadnienia tezy, że legitymizacja uniwersalnego systemu ochrony praw człowieka jest oparta nie tyle na treści wartości uznawanych w tym systemie, ale na uznanych w nich rozstrzygnięciach metaaksjologicznych, dotyczących tego, jak istnieją wartości podstawowe dla tego systemu i czy są one poznawalne. Walor legitymizacyjny posiada przede wszystkim uznanie obiektywnego charakteru tych wartości i ich poznawalności. Realizacja zasadniczego celu zakłada uporządkowanie podstawowych pojęć dotyczących problematyki powszechności praw człowieka – termin „powszechność” stosowany w odniesieniu do praw człowieka w kontekście uniwersalnego systemu ochrony ma wiele znaczeń. Przede wszystkim odróżnić trzeba powszechność w aspekcie opisowym i w aspekcie normatywnym. W przypadku powszechności w aspekcie normatywnym w grę może wchodzić powszechność w sensie ideowym i powszechność w sensie pozytywnoprawnym. Uzasadnienie tej ostatniej jest też uzasadnieniem poszukiwanej tu legitymizacji uniwersalnego systemu ochrony praw człowieka. Prowadzone analizy prowadza także do sformułowania postulatów dotyczących sposobu definiowania uzasadnienia aksjologicznego norm prawnych. Modyfikacji wymagają powszechnie przyjmowane w polskiej teorii prawa definicje relatywizujące takie uzasadnienie do ocen przyjmowanych przez konkretne podmioty oceniające lub ich grupy. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

Climate change is an existential risk reinforced by ordinary actions in afuent societies—often silently present in comfortable and enjoyable habits. This silence is sometimes broken, presenting itself as a nagging reminder of how our habits fuel a catastrophe. As a case in point, global warming has created a state of urgency among wine makers in Spain, as the alcohol level has risen to a point where it jeopardises wine quality and thereby Spanish viticulture. Eforts are currently being made to solve (...) this problem technologically by developing (non-GMO) strains of yeast that produce less alcohol. If successful, this could help save Spanish viticulture. This kind of technological solution is routinely criticised for ofering simplistic “techno-fx” solutions to solve complex societal problems. However, it is not clear what features are criticised by the notion of techno-fx and hence how to avoid this criticism. In our interpretation, the techno-fx notion is not exclusively used as a dismissive term. The notion points to a general virtue of engineering: to create technological solutions that work silently in the background. This asset of technological solutions might sometimes be problematic and sometimes not. Hence, it needs to be analysed case-by-case by paying attention to the moral relevance of the hidden implications of the technology and of the unrefective actions and habits that they facilitate. Such moral analysis will in turn inform strategies for foregrounding this technology to counteract silencing. We discuss what this means in the case of modifying yeast as a viticultural climate resilience strategy. (shrink)

This paper objects to an explanation I extract from Jeanette Edwards, concerning a pattern she observes of questions asked and not asked. There are propositions accepted as axioms which apparently lead to that pattern. I present an axiomatization but it leads to different questions.

Although I believe that Gardiner and Fragnière are right to claim that geoengineering governance demands participatory structures, I think more caution is needed. First, the public to be considered because it is affected must be differentiated depending on the geoengineering technique at issue and on the severity of its impact. Second, to avoid undermining democratic legitimacy, ethical conditions of legitimacy must be carefully assessed. Even though future generations and nature are very likely to be affected by geoengineering, their representation is (...) not as unproblematic as it might seem at first sight. (shrink)

After three decades in which needs, rights and egalitarianism have dominated the moral agenda among supporters of social housing, desert is making a controversial come-back. I argue that desert as a moral concept is useful but is secondary to other moral forces, rather than being a primary driving force itself. Its job is to allow us to factor responsibility into our moral interactions with others. Desert suffers from having kept bad company, and I outline the still resonant history of the (...) abuse of the concept when it was dominant in housing and other “poor relief”, but argue this should not blind us to its force. If we have a moral duty to provide social housing assistance, whether on the basis of need, rights or egalitarianism (but not pure utilitarianism), I argue that desert does have a legitimate limited role to play in adjusting the primary duty governing the allocation of that assistance. There are practical difficulties of restraining abuse of the concept of desert. But these are outweighed by the practical problems in ignoring it, as that can bring an allocation system into disrepute as well as leaving us unable to argue convincingly for appropriate restraint, rather than eradication, of the use of desert. (shrink)

Having a ‘title to govern’ is critical for regime survival. Authoritarian rulers have also attempted to legitimise themselves as justified rulers. Numerous case studies have examined rulers’ collective efforts to explain their right to govern (legitimacy claims, or legitimation). This thesis tries to examine how the ruler’s seizure of power shapes legitimation capacity in order to gain a thorough grasp of the relationship between legitimation and regime resilience. Using comparative historical case studies of Vietnam, Mongolia and North (...) Korea, this project argues that regimes with indigenous political origins have institutional legacies that are advantageous for engineering legitimation claims, such as strong sub-party organs, effective military and security section control, and collective social norms among political elites during violent revolution. By contrast, an externally imposed political origin lacks these institutional benefits. When rulers face regime crises, these two distinct legitimation claim mechanisms help explain regime resilience or failure. This thesis contributes to the burgeoning literature on authoritarian legitimacy and resilience, and it also expands our understanding of political changes in divergent post-communist countries throughout East Asia. (shrink)

Our purpose is to describe the application of legitimate defense in so-called non-confrontational situations. To do this, we will conceptualize gender violence as that which against women, due to their condition as such, and we will describe the absence by the courts in the identification of this problem. Second, we will analyze the reception of Argentine and international legislation on the treatment of gender violence and the recommendations and criteria to take into account when interpreting and applying criminal law. Finally, (...) we will present the treatment of legitimate defense in contexts of gender violence, analyzing each of its elements. Our conclusions will focus on the need to address situations of gender violence based on international regulations for the application of legitimate defense in non-confrontational situations. (shrink)

This paper puts forward two claims about funding carbon capture and storage. The first claim is that there are moral justifications supporting strategic investment into CO2 storage from global and regional perspectives. One argument draws on the empirical evidence which suggests carbon capture and storage would play a significant role in a portfolio of global solutions to climate change; the other draws on Rawls' notion of legitimate expectations and Moellendorf's Anti-Poverty principle. The second claim is that where to pursue this (...) strategic investment poses a morally non-trivial problem, with considerations like near-term global distributive justice and undermining legitimate expectations favouring investing in developing regions, especially in Asia, and considerations like long-term climate impacts and best uses of resources favouring investing in the relatively wealthy regions that have the best prospects for successful storage development. [Open access]. (shrink)

In the United States, all military personnel swear to obey “the orders of the President of the United States and the orders of the officers appointed over me.” Military personnel must obey orders promptly in order to facilitate effective military functioning. Yet, obedience to orders has been associated with the commission of war crimes. Military personnel of all ranks have committed torture, rape, genocide, and murder under orders. “I was just following orders” (respondaet superior) is no longer accepted as a (...) complete defense to a charge of war crimes. In the words of the Nuremberg court: “The obedience of a soldier is not the obedience of an automaton. A soldier is a reasoning agent”. This means that military personnel cannot evade responsibility for their actions under orders. But when and under what conditions should military personnel disobey orders? If obedience is sometimes morally wrong, how can obedience be a military virtue? In this chapter I argue that the only plausible conception of military obedience as a virtue is reflective obedience: obedience governed and constrained by the ends of the military profession serving a legitimate state and by the laws of armed conflict. Section 1 explains the concept of obedience and outlines the idea of virtuous obedience. Section 2 explores when the military has legitimate authority to compel obedience. Section 3 concludes by exploring the limits on obedience that derive from the military’s status as a profession and the legitimacy of the military’s authority to issue orders. (shrink)

Causation appears to present us with an interpretative difficulty. While arguably a redundant relation given fundamental physics, it is nevertheless apparently pragmatically indispensable. This chapter revisits certain arguments made previously by the author for these claims with the benefit of hindsight, starting with the role of causal models in the human sciences, and attempting to explain why it is not possible to straightforwardly ground such models in fundamental physics. This suggests that further constraints, going beyond physics, are needed to legitimate (...) such models. These supplementary constraints could be reified, but that would seem to conflict with the completeness of physics. A response is to emphasize the practical role of causal talk, and the author suggests that a fictionalist approach might be worth exploring. After clarifying fictionalism as a general approach, they carry out in some detail the project of clarifying what a fictionalist attitude to causation would involve. (shrink)

Is testimony a legitimate source of aesthetic belief? Can I, for instance, learn that a film is excellent on your say-so? Optimists say yes, pessimists no. But pessimism comes in two forms. One claims that testimony is not a legitimate source of aesthetic belief because it cannot yield aesthetic knowledge. The other accepts that testimony can be a source of aesthetic knowledge, yet insists that some further norm prohibits us from exploiting that resource. I argue that this second form of (...) pessimism has certain advantages over the first. I offer two candidates for the non-epistemic norm that, on this view, stands in the way of our taking aesthetic testimony. And I argue that this form of pessimism meets a challenge to pessimism in general – that of explaining why, if testimony cannot be a legitimate source of aesthetic belief, we can nonetheless rightly rely on the aesthetic recommendations of others. (shrink)

In this chapter, I investigate a problem for Kant’s claim that metaphysics can reach the status of science. The problem arises when one considers Kant’s account of the “architectonic unity” of metaphysics in the Architectonic of Pure Reason. Attaining architectonic unity is a condition for becoming a science for any body of cognitions that purports to be such. This is achieved when the cognitions belonging to a science are systematically organized according to the “idea of reason” which lies at the (...) basis of that science. However, Kant suggests that nobody can ever legitimately claim to have matched the idea of the philosopher, where this appears to imply that nobody can justifiably claim that she has fully grasped the idea of metaphysics. This generates a problem. I suggest that when Kant claims that the idea of the philosopher must remain an ideal or an archetype, he has a particular conception of philosophy in mind, that is, philosophy as a doctrine of wisdom. According to this understanding, philosophy must provide an example of how one can become virtuous. However, this is only a partial solution to our problem, for reasons that will be illustrated. (shrink)

Linguistic data are commonly considered a defeasible source of evidence from which it is legitimate to draw philosophical hypotheses and conclusions. Traditionally epistemologists have relied almost exclusively on linguistic data from western languages, with a primary focus on contemporary English. However, in the last two decades there has been an increasing interest in cross-linguistic studies in epistemology. In this entry, we provide a brief overview of cross-linguistic data discussed by contemporary epistemologists and the philosophical debates they have generated.

Why should we decolonise knowledge? One popular rationale is that colonialism has set up a single perspective as epistemically authoritative over many equally legitimate ones, and this is a form of...

Many have claimed that legitimate constitutional democracy is either conceptually or practically impossible, given infinite regress paradoxes deriving from the requirement of simultaneously democratic and constitutional origins for legitimate government. This paper first critically investigates prominent conceptual and practical bootstrapping objections advanced by Barnett and Michelman. It then argues that the real conceptual root of such bootstrapping objections is not any specific substantive account of legitimacy makers, such as consent or democratic endorsement, but a particular conception of the logic of (...) normative standards—the determinate threshold conception—that the critic attributes to the putatively undermined account of legitimacy. The paper further claims that when we abandon threshold conceptions of the logic of legitimacy in favor of regulative-ideal conceptions, then the objections, from bootstrapping paradoxes to the very idea of constitutional democracy, disappear. It concludes with considerations in favor of adopting a more demanding conception of the regulative ideal of constitutional democracy, advanced by Habermas, focusing on potentials for developmental learning. (shrink)

Is authoritarian power ever legitimate? The contemporary political theory literature—which largely conceptualizes legitimacy in terms of democracy or basic rights—would seem to suggest not. I argue, however, that there exists another, overlooked aspect of legitimacy concerning a government’s ability to ensure safety and security. While, under normal conditions, maintaining democracy and rights is typically compatible with guaranteeing safety, in emergency situations, conflicts between these two aspects of legitimacy can and often do arise. A salient example of this is the COVID-19 (...) pandemic, during which severe limitations on free movement and association have become legitimate techniques of government. Climate change poses an even graver threat to public safety. Consequently, I argue, legitimacy may require a similarly authoritarian approach. While unsettling, this suggests the political importance of climate action. For if we wish to avoid legitimating authoritarian power, we must act to prevent crises from arising that can only be resolved by such means. (shrink)