Legitimacy

Legitimacy
Author: Arthur Isak Applbaum
Publisher: Harvard University Press
Total Pages: 305
Release: 2019-11-19
Genre: Philosophy
ISBN: 0674241932

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At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.

Policy Legitimacy, Science and Political Authority

Policy Legitimacy, Science and Political Authority
Author: Michael Heazle
Publisher: Routledge
Total Pages: 235
Release: 2015-10-05
Genre: Business & Economics
ISBN: 1317420012

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Voters expect their elected representatives to pursue good policy and presume this will be securely founded on the best available knowledge. Yet when representatives emphasize their reliance on expert knowledge, they seem to defer to people whose authority derives, not politically from the sovereign people, but from the presumed objective status of their disciplinary bases. This book examines the tensions between political authority and expert authority in the formation of public policy in liberal democracies. It aims to illustrate and better understand the nature of these tensions rather than to argue specific ways of resolving them. The various chapters explore the complexity of interaction between the two forms of authority in different policy domains in order to identify both common elements and differences. The policy domains covered include: climate geoengineering discourses; environmental health; biotechnology; nuclear power; whaling; economic management; and the use of force. This volume will appeal to researchers and to convenors of post-graduate courses in the fields of policy studies, foreign policy decision-making, political science, environmental studies, democratic system studies, and science policy studies.

Liberal Legitimacy

Liberal Legitimacy
Author: Fabian Wenner
Publisher:
Total Pages: 0
Release: 2020
Genre: Political science
ISBN: 9783748909637

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How does the idea of public justification and adjacent concepts figure in the work of John Rawls? This book offered a detailed study which allows for an interpretation of how A Theory of Justice and Political Liberalism converge and diverge. It also offers a systematic appraisal of the different strands and genealogy of legitimacy theory, both descriptive and normative. In so doing, it brings a fresh new perspective to this important element of Rawls's theory.

Liberal Legitimacy

Liberal Legitimacy
Author: Fabian Wenner
Publisher: Hart Publishing
Total Pages: 223
Release: 2020-08-21
Genre: Political science
ISBN: 9783848768677

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How does the idea of public justification and adjacent concepts figure in the work of John Rawls? This book offered a detailed study which allows for an interpretation of how A Theory of Justice and Political Liberalism converge and diverge. It also offers a systematic appraisal of the different strands and genealogy of legitimacy theory, both descriptive and normative. In so doing, it brings a fresh new perspective to this important element of Rawls's theory.

Legitimation by Constitution

Legitimation by Constitution
Author: Alessandro Ferrara
Publisher: Oxford University Press
Total Pages: 209
Release: 2021
Genre: Constitutional law
ISBN: 0192855123

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Legitimation by Constitution is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.

Beyond hegemony

Beyond hegemony
Author: Darrow Schecter
Publisher: Manchester University Press
Total Pages: 213
Release: 2013-07-19
Genre: Political Science
ISBN: 1847793894

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Since the Enlightenment, liberal democrat governments in Europe and North America have been compelled to secure the legitimacy of their authority by constructing rational states whose rationality is based on modern forms of law. The first serious challenge to liberal democratic practices of legal legitimacy comes in Marx’s early writings on Rousseau and Hegel. Marx discovers the limits of formal legal equality that does not address substantive relations of inequality in the workplace and in many other spheres of social life. Beyond Hegemony investigates the authoritarianism and breakdown of those state socialist governments in Russia and elsewhere which claim to put Marx’s ideas on democracy and equality into practice. The book explains that although many aspects of Marx’s critique are still valid today, his ideas need to be supplemented by the contributions to social theory made by Nietzsche, Foucault, the critical theory of the Frankfurt School as well as the libertarian socialism of G.D.H. Cole. What emerges is a new theory of political legitimacy which indicates how it is possible to move beyond liberal democracy whilst avoiding the authoritarian turn of state socialism. Schecter points out the weaknesses of the many extra-legal accounts of non-formal legitimacy now on offer, such as those based on friendship and identity. He then argues that the first step beyond hegemony depends on the discovery of forms of legitimate legality and demonstrates why the conditions of legitimate law can be identified.

Policy Legitimacy, Science and Political Authority

Policy Legitimacy, Science and Political Authority
Author: Michael Heazle
Publisher: Routledge
Total Pages: 228
Release: 2015-10-05
Genre: Business & Economics
ISBN: 1317420020

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Voters expect their elected representatives to pursue good policy and presume this will be securely founded on the best available knowledge. Yet when representatives emphasize their reliance on expert knowledge, they seem to defer to people whose authority derives, not politically from the sovereign people, but from the presumed objective status of their disciplinary bases. This book examines the tensions between political authority and expert authority in the formation of public policy in liberal democracies. It aims to illustrate and better understand the nature of these tensions rather than to argue specific ways of resolving them. The various chapters explore the complexity of interaction between the two forms of authority in different policy domains in order to identify both common elements and differences. The policy domains covered include: climate geoengineering discourses; environmental health; biotechnology; nuclear power; whaling; economic management; and the use of force. This volume will appeal to researchers and to convenors of post-graduate courses in the fields of policy studies, foreign policy decision-making, political science, environmental studies, democratic system studies, and science policy studies.

Liberalism without Perfection

Liberalism without Perfection
Author: Jonathan Quong
Publisher: OUP Oxford
Total Pages: 352
Release: 2010-12-02
Genre: Political Science
ISBN: 0191616451

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A growing number of political philosophers favour a view called liberal perfectionism. According to this view, liberal political morality is characterised by a commitment to helping individuals lead autonomous lives and making other valuable choices. In this book Jonathan Quong rejects this widely held view and offers an alternative account of liberal political morality. Quong argues that the liberal state should not be engaged in determining what constitutes a valuable or worthwhile life nor trying to make sure that individuals live up to this ideal. Instead, it should remain neutral on the issue of the good life, and restrict itself to establishing the fair terms within which individuals can pursue their own beliefs about what gives value to their lives. The book thus defends a position known as political liberalism. In the first part of the book Quong subjects the liberal perfectionist position to critical scrutiny, advancing three major objections that raise serious doubts about the liberal perfectionist position with regard to autonomy, paternalism, and political legitimacy. In the second part of the book Quong presents and defends a distinctive version of political liberalism. In particular, Quong clarifies and develops political liberalism's central thesis: that political principles, in order to be legitimate, must be publicly justifiable to reasonable people. Drawing on the work of John Rawls, Quong offers his own interpretation of this idea, and rebuts some of the main objections that have been pressed against it. In doing so, Quong provides novel arguments regarding the nature of an overlapping consensus, the structure of political justification, the idea of public reason, and the status of unreasonable persons.

Criminalizing Dissent

Criminalizing Dissent
Author: Rob Watts
Publisher: Routledge
Total Pages: 329
Release: 2019-06-25
Genre: Business & Economics
ISBN: 1351039563

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While liberal-democratic states like America, Britain and Australia claim to value freedom of expression and the right to dissent, they have always actually criminalized dissent. This disposition has worsened since 9/11 and the 2008 Great Recession. This ground-breaking study shows that just as dissent involves far more than protest marches, so too liberal-democratic states have expanded the criminalization of dissent. Drawing on political and social theorists like Arendt, Bourdieu and Isin, the book offers a new way of thinking about politics, dissent and its criminalization relationally. Using case studies like the Occupy movement, selective refusal by Israeli soldiers, urban squatters, democratic education and violence by anti-Apartheid activists, the book highlights the many forms dissent takes along with the many ways liberal-democratic states criminalize it. The book highlights the mix of fear and delusion in play when states privilege security to protect an imagined ‘political order’ from difference and disagreement. The book makes a major contribution to political theory, legal studies and sociology. Linking legal, political and normative studies in new ways, Watts shows that ultimately liberal-democracies rely more on sovereignty and the capacity for coercion and declarations of legal ‘states of exception’ than on liberal-democratic principles. In a time marked by a deepening crisis of democracy, the book argues dissent is increasingly valuable.

Justice and Legitimacy in Upbringing

Justice and Legitimacy in Upbringing
Author: Matthew Clayton
Publisher: Oxford University Press, USA
Total Pages: 225
Release: 2006-04-06
Genre: Education
ISBN: 0199268940

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Issues concerning the upbringing of children are among the most contested in modern political debate. How should childrearing rights and resources be distributed between families? To what extent are parents morally permitted to shape the beliefs and desires of their children? At what age should children acquire adult rights, such as the right to vote? Justice and Legitimacy in Upbringing sets out a liberal conception of political morality that supports a set of answers tothese questions which many liberals have been reluctant to accept.The central argument is that the ideals of justice and individual autonomy place significant constraints on both governments and parents. Clayton insists that while their interests should count directly in allocating childrearing rights, parents should exercise their rights in accordance with these liberal ideals. He argues that we owe our children a childhood that develops their sense of justice, but in which further attempts to enrol them into particular religious practices, for instance, areillegitimate. Justice and Legitimacy in Upbringing is a work of applied political philosophy that will be of interest to students of political theory, the philosophy of education, and social and public policy.