Results for 'political legitimacy'

1000+ found
Order:
  1. 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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    My bibliography  
  2.  38
    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 (...)
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  3. 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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    My bibliography  
  4. Legitimate, but Unjust; Just, but Illegitimate Rawls on Political Legitimacy.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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  5. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  6. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography   16 citations  
  7. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  8. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography   4 citations  
  9.  61
    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 (‘public right’) are not in principle (...)
    Download  
     
    Export citation  
     
    My bibliography   5 citations  
  10.  44
    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 (...)
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  11. Taking Stances, Contesting Commitments: Political Legitimacy and the Pragmatic Turn.Thomas Fossen - 2013 - Journal of Political Philosophy 21 (1):426-450.
    Download  
     
    Export citation  
     
    My bibliography   3 citations  
  12. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  13. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  14. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography   6 citations  
  15.  31
    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 20th Century Philosophy, 1946-2015. Cambridge: Cambridge University Press.
    This chapter is a critical survey of the Rawlsian project of "political" or "public reason" liberalism, and of its reception. After a brief philosophical rather than philological reconstruction of political liberalism, the chapter revolves around a distinction between idealist and realist responses to that project. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’ revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last (...)
    Download  
    Translate
     
     
    Export citation  
     
    My bibliography  
  16. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  17. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography   3 citations  
  18. 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.
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  19.  49
    Erkölcsi igazolás és politikai kötelezettség (Moral justification and political obligation).Attila Tanyi - 2004 - Journal of Legal Theory (Jogelmeleti Szemle) 5 (4).
    The paper focuses on John Rawls’ theory of political obligation. Rawls bases political obligation on our natural duties of justice, which are mediated to us by our sense of justice. Therefore the justification of political obligation also requires moral justification: the justification of the principles of justice. In the paper I first investigate that part of Rawls’ argument that has the role of justification: the method of reflective equilibrium. This method raises several problems, the most severe of (...)
    Download  
    Translate
     
     
    Export citation  
     
    My bibliography  
  20. Why Internal Moral Enhancement Might Be Politically Better Than External Moral Enhancement.John Danaher - forthcoming - Neuroethics:1-16.
    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 (...)
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  21. Can My Religion Influence My Conception of Justice? Political Liberalism and the Role of Comprehensive Doctrines.Paul Billingham - 2017 - Critical Review of International Social and Political Philosophy 20 (4):402-424.
    In his last works, John Rawls explicitly argued for an overlapping consensus on a family of reasonable liberal political conceptions of justice, rather than just one. This ‘Deep Version’ of political liberalism opens up new questions about the relationship between citizens’ political conceptions, from which they must draw and offer public reasons in their political advocacy, and their comprehensive doctrines. These questions centre on whether a reasonable citizen’s choice of political conception can be influenced by (...)
    Download  
     
    Export citation  
     
    My bibliography  
  22.  70
    Can Modus Vivendi Save Liberalism From Moralism? A Critical Assessment of John Gray's Political Realism.Rossi Enzo - forthcoming - In John Horton, Manon Westphal & Ulrich Willems (eds.), The Political Theory of Modus Vivendi. Dordrecht: Springer.
    I argue that John Gray's modus vivendi-based justification for liberalism is preferable to the more orthodox deontological or teleological justificatory strategies, at least because of the way it can deal with the problem of diversity. But then I show how that is not good news for liberalism, for grounding liberal political authority in a modus vivendi undermines liberalism’s aspiration to occupy a privileged normative position vis-à-vis other kinds of regimes. So modus vivendi can save liberalism from moralism, but at (...)
    Download  
     
    Export citation  
     
    My bibliography  
  23. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  24. Realism in Normative Political Theory.Enzo Rossi & Matt Sleat - 2014 - Philosophy Compass 9 (10):689-701.
    This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from (...)
    Download  
     
    Export citation  
     
    My bibliography   31 citations  
  25. Liberal Perfectionism and Quong’s Internal Conception of Political Liberalism.Paul Billingham - 2017 - Social Theory and Practice 43 (1):79-106.
    Debates between political liberals and liberal perfectionists have been reinvigorated by Jonathan Quong’s Liberalism Without Perfection. In this paper I argue that certain forms of perfectionism can rebut or evade Quong’s three central objections – that perfectionism is manipulative, paternalistic, and illegitimate. I then argue that perfectionists can defend an ‘internal conception’ of perfectionism, parallel in structure to Quong’s ’internal conception’ of political liberalism, but with a different conception of the justificatory constituency. None of Quong’s arguments show that (...)
    Download  
     
    Export citation  
     
    My bibliography  
  26. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  27. Political Realism as Ideology Critique.Janosch Prinz & Enzo Rossi - 2017 - Critical Review of International Social and Political Philosophy 20 (3):334-348.
    This paper outlines an account of political realism as a form of ideology critique. Our focus is a defence of the normative edge of this critical-theoretic project against the common charge that there is a problematic trade-off between a theory’s groundedness in facts about the political status quo and its ability to consistently envisage radical departures from the status quo. To overcome that problem we combine insights from three distant corners of the philosophical landscape: theories of legitimacy (...)
    Download  
     
    Export citation  
     
    My bibliography   2 citations  
  28. Political Liberalism and Public Justification: The Deep View.Thomas M. Besch - manuscript
    The paper suggests the deep view of Rawls-type public justification as promising, non-ideal theory variant of an internal conception of political liberalism. To this end, I demonstrate how the deep view integrates a range of ideas, views and commitments at the core of political liberalism’s justification structure, including pro tanto justification, full justification, political values and their priority, justificatory neutrality, the role of reasonable comprehensive views, the nature public reasons, the wide view of public political culture, (...)
    Download  
     
    Export citation  
     
    My bibliography  
  29. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  30.  5
    Is Modern Democracy a Political Regime?Gintas Karalius - 2017 - Politologija 1 (85):102-131.
    The purpose of this article is to introduce an innovative approach to the theoretical debate of the last two centuries on how to appropriately conceptualize modern democracy. The main argument that is being put forward by the analysis is that the common reliance on the assumption of pre-modern political philosophy, that democracy is a certain type of political regime or at least a form of rule, has become insufficient to cover the influence and scope of its modern meaning (...)
    Download  
    Translate
     
     
    Export citation  
     
    My bibliography  
  31. Felon Disenfranchisement and Democratic Legitimacy.Matt 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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  32. On the Compatibility of Epistocracy and Public Reason.Thomas Mulligan - 2015 - Social Theory and Practice 41 (3):458-476.
    In "epistocratic" forms of government, political power is wielded by those who possess the knowledge relevant to good policymaking. Some democrats--notably, David Estlund--concede that epistocracy might produce better political outcomes than democracy but argue that epistocracy cannot be justified under public reason. These objections to epistocracy are unsound because they violate a viability constraint: they are also fatal to democracy and all other plausible political arrangements. Moreover, there is a problem with the public reason framework itself--a problem (...)
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  33.  19
    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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  34. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  35. Political Corruption as Deformities of Truth.Yann Allard-Tremblay - 2014 - Les ateliers de l'éthique/The Ethics Forum 9 (1):28-49.
    This paper presents a conception of corruption informed by epistemic democratic theory. I first explain the view of corruption as a disease of the political body. Following this view, we have to consider the type of actions that debase a political entity of its constitutive principal in order to assess corruption. Accordingly, we need to consider what the constitutive principle of democracy is. This is the task I undertake in the second section where I explicate democratic legitimacy. (...)
    Download  
     
    Export citation  
     
    My bibliography  
  36. Political Norms and Moral Values.Robert Jubb & Enzo Rossi - 2015 - Journal of Philosophical Research 40:455-458.
    This is a response to Erman and Moller's response to our reply to their 'Political Legitimacy in the Real Normative World', both also in this journal.
    Download  
     
    Export citation  
     
    My bibliography   7 citations  
  37.  44
    Wilt Chamberlain Redux: Thinking Clearly About Externalities and the Promises of Justice.Lamont Rodgers & Travis Joseph Rodgers - 2018 - Reason Papers 39 (2):90-114.
    Gordon Barnes accuses Robert Nozick and Eric Mack of neglecting, in two ways, the practical, empirical questions relevant to justice in the real world.1 He thinks these omissions show that the argument behind the Wilt Chamberlain example—which Nozick famously made in his seminal Anarchy, State, and Utopia—fails. As a result, he suggests that libertarians should concede that this argument fails. In this article, we show that Barnes’s key arguments hinge on misunderstandings of, or failures to notice, key aspects of the (...)
    Download  
     
    Export citation  
     
    My bibliography  
  38. Consent as the Foundation of Political Authority - A Lockean Perspective.Frank Dietrich - 2014 - Rationality, Markets and Morals 5:64-78.
    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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    My bibliography  
  39. 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 (...)
    Download  
     
    Export citation  
     
    My bibliography   2 citations  
  40. Why Legal Theory is Political Philosophy.William A. Edmundson - 2013 - Legal Theory 19 (4):331-346.
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
    Download  
     
    Export citation  
     
    My bibliography  
  41.  42
    Can Democracy Be Deliberative and Participatory? The Democratic Case for Political Uses of Mini-Publics.Cristina Lafont - 2017 - Daedalus:85-105.
    This essay focuses on recent proposals to confer decisional status upon deliberative minipublics such as citizen juries, Deliberative Polls, citizen’s assemblies, and so forth. Against such proposals, I argue that inserting deliberative minipublics into political decision-making processes would diminish the democratic legitimacy of the political system as a whole. This negative conclusion invites a question: which political uses of minipublics would yield genuinely democratic improvements? Drawing from a participatory conception of deliberative democracy, I propose several uses (...)
    Download  
     
    Export citation  
     
    My bibliography  
  42.  94
    Playing Fair and Following the Rules.Justin Tosi - 2017 - Journal of Moral Philosophy 14 (2):134-141.
    In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to people (...)
    Download  
     
    Export citation  
     
    My bibliography   1 citation  
  43. Political Quality.David Estlund - 2000 - Social Philosophy and Policy 17 (1):127.
    Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal (...)
    Download  
     
    Export citation  
     
    My bibliography   3 citations  
  44. On the Need for Epistemic Enhancement.John Danaher - 2013 - Law, Innovation and Technology 5 (1):85-112.
    Klaming and Vedder (2010) have argued that enhancement technologies that improve the epistemic efficiency of the legal system (“epistemic enhancements”) would benefit the common good. But there are two flaws to Klaming and Vedder’s argument. First, they rely on an under-theorised and under-specified conception of the common good. When theory and specification are supplied, their CGJ for enhancing eyewitness memory and recall becomes significantly less persuasive. And second, although aware of such problems, they fail to give due weight and consideration (...)
    Download  
    Translate
     
     
    Export citation  
     
    My bibliography   2 citations  
  45. Testing the Limits of Liberalism: A Reverse Conjecture.Ali M. Rizvi - 2012 - Heythrop Journal 53 (3):382-404.
    In this paper, I propose to look closely at certain crucial aspects of the logic of Rawls' argument in Political Liberalism and related subsequent writings. Rawls' argument builds on the notion of comprehensiveness, whereby a doctrine encompasses the full spectrum of the life of its adherents. In order to show the mutual conflict and irreconcilability of comprehensive doctrines, Rawls needs to emphasise the comprehensiveness of doctrines, as their irreconcilability to a large extent emanates from that comprehensiveness. On the other (...)
    Download  
     
    Export citation  
     
    My bibliography  
  46.  33
    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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  47.  95
    Representation and Obligation in Rawls' Social Contract Theory.Simon Cushing - 1998 - Southwest Philosophy Review 14 (1):47-54.
    The two justificatory roles of the social contract are establishing whether or not a state is legitimate simpliciter and establishing whether any particular individual is politically obligated to obey the dictates of its governing institutions. Rawls's theory is obviously designed to address the first role but less obviously the other. Rawls does offer a duty-based theory of political obligation that has been criticized by neo-Lockean A. John Simmons. I assess Simmons's criticisms and the possible responses that could be made (...)
    Download  
     
    Export citation  
     
    My bibliography  
  48. “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 (...)
    Download  
     
    Export citation  
     
    My bibliography  
  49. Political Anarchism and Raz’s Theory of Authority.Bruno Leipold - 2015 - Res Publica 21 (3):309-329.
    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 (...)
    Download  
     
    Export citation  
     
    My bibliography   3 citations  
  50. Why Hobbes Cannot Limit the Leviathan: A Critical Commentary on Larry May's Limiting Leviathan.Marcus Arvan - 2014 - Hobbes Studies 27 (2):171-177.
    This commentary contends that Larry May’s Hobbesian argument for limitations on sovereignty and lawmaking in Limiting Leviathan does not succeed. First, I show that Hobbes begins with a plausible instrumental theory of normativity. Second, I show that Hobbes then attempts, unsuccessfully—by his own lights—to defend a kind of non-instrumental, moral normativity. Thus, I contend, in order to successfully “limit the Leviathan” of the state, the Hobbesian must provide a sound instrumental argument in favor of the sovereign limiting their actions and (...)
    Download  
     
    Export citation  
     
    My bibliography  
1 — 50 / 1000