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We are all subjected to the power of the state and other entities such as the EU. But what justifies the far-reaching power of these institutions? Standard theories suggest that consent, democracy, or justification make exercising power legitimate. This book, however, argues that these approaches do not survive philosophical scrutiny. Instead, it develops a radical theory of political legitimacy according to which power is justified because of the outcomes it brings about. It does not primarily matter, then, how power is exercised; instead, we should focus on what it achieves. This is the first book-length treatment of instrumentalism. It outlines the structure and core moral commitments of the theory and considers in detail how it is best formulated. In particular, the book sketches an abstract theory of justice and argues that our primary aim in distributing political power should be to promote justice. Instrumentalism is also contrasted with the three leading theories of legitimacy, based on consent, democracy, and public justification. Not only are these competing theories unpersuasive, but it is also shown that instrumentalism can replicate some of their appeal in its own way. The book also untangles some conceptual confusions concerning political legitimacy. One mainstream view is that legitimacy requires authority, the ability to give binding commands to people. This book argues against the necessity of authority and develops an authority-less model of legitimacy, defining legitimacy as the separate and distinctly moral problem of justifying political power. This book will appeal to anyone interested in the moral foundations of justified political power, and especially to researchers in philosophy, political theory, and law.
We are all subjected to the power of the state and other entities such as the EU. But what justifies the far-reaching power of these institutions? Standard theories suggest that consent, democracy, or justification make exercising power legitimate. This book, however, argues that these approaches do not survive philosophical scrutiny. Instead, it develops a radical theory of political legitimacy according to which power is justified because of the outcomes it brings about. It does not primarily matter, then, how power is exercised; instead, we should focus on what it achieves. This is the first book-length treatment of instrumentalism. It outlines the structure and core moral commitments of the theory and considers in detail how it is best formulated. In particular, the book sketches an abstract theory of justice and argues that our primary aim in distributing political power should be to promote justice. Instrumentalism is also contrasted with the three leading theories of legitimacy, based on consent, democracy, and public justification. Not only are these competing theories unpersuasive, but it is also shown that instrumentalism can replicate some of their appeal in its own way. The book also untangles some conceptual confusions concerning political legitimacy. One mainstream view is that legitimacy requires authority, the ability to give binding commands to people. This book argues against the necessity of authority and develops an authority-less model of legitimacy, defining legitimacy as the separate and distinctly moral problem of justifying political power. This book will appeal to anyone interested in the moral foundations of justified political power, and especially to researchers in philosophy, political theory, and law.
This book offers a systematic treatment of democratic legitimacy, interpreted as a distinct normative concept. It defends the view that democratic legitimacy requires that decisions are made in a process that is politically and epistemically fair.
The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
Democracy, Estlund argues, is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Theories of democracy often try to answer this objection by appealing to the intrinsic value of democratic procedure. Estlund shows why this procedure doesn't work and offers an alternative.
This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.
From citizens paying taxes to employees following their bosses' orders and kids obeying their parents, we take it for granted that a whole range of authorities have the power to impose duties on others. However, although authority is often accepted in practice, it looks philosophically problematic if we conceive persons as free and equals. In this short and accessible book, Fabian Wendt examines the basis of authority, discussing five prominent theories that try to explain how claims to authority can be vindicated. Focusing in particular on the issue of how states can rightfully claim authority, he rigorously analyses the theories’ arguments and evaluates their strengths and weaknesses. He also debates anarchism as an alternative that should be taken seriously if no theory ultimately succeeds in explaining state authority. This clear and engaging book will be essential reading for anyone grappling with the most fundamental questions of authority and obligation in political theory and political philosophy.
A bracingly provocative challenge to one of our most cherished ideas and institutions Most people believe democracy is a uniquely just form of government. They believe people have the right to an equal share of political power. And they believe that political participation is good for us—it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. But Jason Brennan says they are all wrong. In this trenchant book, Brennan argues that democracy should be judged by its results—and the results are not good enough. Just as defendants have a right to a fair trial, citizens have a right to competent government. But democracy is the rule of the ignorant and the irrational, and it all too often falls short. Furthermore, no one has a fundamental right to any share of political power, and exercising political power does most of us little good. On the contrary, a wide range of social science research shows that political participation and democratic deliberation actually tend to make people worse—more irrational, biased, and mean. Given this grim picture, Brennan argues that a new system of government—epistocracy, the rule of the knowledgeable—may be better than democracy, and that it's time to experiment and find out. A challenging critique of democracy and the first sustained defense of the rule of the knowledgeable, Against Democracy is essential reading for scholars and students of politics across the disciplines. Featuring a new preface that situates the book within the current political climate and discusses other alternatives beyond epistocracy, Against Democracy is a challenging critique of democracy and the first sustained defense of the rule of the knowledgeable.
This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.
Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy's importance for global governance, its workings remain poorly understood. That is the core concern of this volume: to develop an agenda for systematic and comparative research on legitimacy in global governance. In complementary fashion, the chapters address different aspects of the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy? The volume makes four specific contributions. First, it argues for a sociological approach to legitimacy, centered on perceptions of legitimate global governance among affected audiences. Second, it moves beyond the traditional focus on states as the principal audience for legitimacy in global governance and considers a full spectrum of actors from governments to citizens. Third, it advocates a comparative approach to the study of legitimacy in global governance, and suggests strategies for comparison across institutions, issue areas, countries, societal groups, and time. Fourth, the volume offers the most comprehensive treatment so far of the sociological legitimacy of global governance, covering three broad analytical themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.