Results for 'political legitimacy'

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  1. Review of Nomos LXI: Political Legitimacy[REVIEW]Enzo Rossi - forthcoming - Perspectives on Politics.
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  2. 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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  3. 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 (...)
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  4. 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 (...)
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  5. 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 (...)
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  6. 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 (...)
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  7. 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 (...)
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  8. 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 (...)
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  9.  59
    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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  10. 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 (...)
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  11. 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 (...)
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  12. 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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  13. 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 (...)
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  14. 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 (...)
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  15.  60
    Assessing the Global Order: Justice, Legitimacy, or Political Justice?Laura Valentini - 2012 - Critical Review of International Social and Political Philosophy 15 (5):593-612.
    Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances? characterized by conflicts and disagreements? equal respect demands basic-rights (...)
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  16. 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 (...)
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  17. 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 (...)
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  18.  94
    Property, Legitimacy, Ideology: A Reality Check.Enzo Rossi & Carlo Argenton - forthcoming - Journal of Politics.
    Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion (...)
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  19. 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 (...)
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  20. 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 (...)
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  21. Legitimacy and Institutional Purpose.N. P. Adams - 2020 - Critical Review of International Social and Political Philosophy 23 (3):292-310.
    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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  22. 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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  23. 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 (...)
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  24. 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 (...)
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  25. 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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  26. 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 (...)
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  27. 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 (...)
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  28. 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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  29.  20
    Legitimacy and Importance of the Traditional Authority in Africa: K.A. Appiah's Approach and Its Critique.Krzysztof Trzcinski - 2010 - Africana Bulletin 58:47-74.
    In many African states, numerous different pre-colonial systems of power – such as kingships, sultanates or chieftaincies – which have a traditional legitimacy often confirmed in colonial and post-colonial times, have survived till our day. Their role in the contemporary republican state has been studied by many African intellectuals, and the views of Kwame Anthony Appiah, a thinker originating from Ghana, are of particular interest. He believes that in order to understand the significance of traditional authority and the phenomenon (...)
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  30. 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 (...)
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  31. How Far Does the European Union Reach? Foreign Land Acquisitions and the Boundaries of Political Communities.Torsten Menge - 2019 - Land 8 (3).
    The recent global surge in large-scale foreign land acquisitions marks a radical transformation of the global economic and political landscape. Since land that attracts capital often becomes the site of expulsions and displacement, it also leads to new forms of migration. In this paper, I explore this connection from the perspective of a political philosopher. I argue that changes in global land governance unsettle the congruence of political community and bounded territory that we often take for granted. (...)
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  32. 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 (...)
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  33. 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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  34. 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 (...)
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  35. 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 (...)
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  36. Political Liberalism and Public Justification: The Deep View.Thomas M. Besch - manuscript
    (Please note: the main ideas of this paper are restated in revised/developed form in: "On actualist and fundamental public justification in political liberalism" and "More on actualist and fundamental public justification in political liberalism". Both papers are available from philpapers.) 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 (...)
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  37. 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 (...)
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  38.  32
    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 (...)
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  39. 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 (...)
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  40.  15
    Legitimate Exclusion of Would-Be Immigrants: A View From Global Ethics and the Ethics of International Relations.Enrique Camacho Beltran - 2019 - Social Sciences 8 (8):238.
    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 (...)
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  41. What Are Basic Liberties?Attila Tanyi & Stephen K. McLeod - manuscript
    Our initial aim is to characterize, in a manner more precise than before, what Rawls calls the “analytical” method of arrival at a list of basic liberties. As we understand it, this method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet in order for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We then argue that the (...)
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  42.  23
    Democratic Legitimacy and the Competence Obligation.Finlay Malcolm - forthcoming - Moral Philosophy and Politics.
    What obligations are there on voters? This paper argues that voters should make their electoral decision competently, and does so by developing on a recent proposal for democratic legitimacy. It then explores three problems arising from this ‘competency obligation’. First, how should voters be competent? I propose three conditions required for voter competence. Second, how competent should voters be? I argue that that the competency required tracks the significance of the consequences of the vote. The threshold for competency can (...)
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  43. 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 (...)
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  44. 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. (...)
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  45.  49
    Logically Private Laws: Legislative Secrecy in "The War on Terror".Duncan MacIntosh - 2019 - In Claire Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. New York, USA: Oxford University Press. pp. 225-251.
    Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...)
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  46. 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.
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  47. 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 (...)
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  48.  91
    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 (...)
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  49. 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 (...)
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  50. 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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