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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.
Essays on the political, legal, and philosophical dimensions of political legitimacy Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the concept of legitimacy, and from disagreements over how to measure it. This volume reflects the cutting edge of responses to these perennial questions, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law. Contributors address fundamental philosophical questions such as the nature of public reasons of authority, as well as urgent concerns about contemporary democracy, including whether “animus” matters for the legitimacy of President Trump’s travel ban, barring entry for nationals from six Muslim-majority nations, and the effect of fundamental transitions within the moral economy, such as the decline of labor unions. Featuring twelve essays from leading scholars, Political Legitimacy is an important and timely addition to the NOMOS series.
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.
This 2005 book presents an argument for the right of groups to secede, offering a thorough and unapologetic defense.
Our world is currently divided into territorial states that resist all attempts to change their borders. But what entitles a state, or the people it represents, to assume monopoly control over a particular piece of the Earth's surface? Why are they allowed to prevent others from entering? What if two or more states, or two or more groups of people, claim the same piece of land? Political philosophy, which has had a great deal to say about the relationship between state and citizen, has largely ignored these questions about territory. This book provides answers. It justifies the idea of territory itself in terms of the moral value of political self-determination; it also justifies, within limits, those elements that we normally associate with territorial rights: rights of jurisdiction, rights over resources, right to control borders and so on. The book offers normative guidance over a number of important issues facing us today, all of which involve territory and territorial rights, but which are currently dealt with by ad hoc reasoning: disputes over resources; disputes over boundaries, oceans, unoccupied islands, and the frozen Arctic; disputes rooted in historical injustices with regard to land; secessionist conflicts; and irredentist conflicts. In a world in which there is continued pressure on borders and control over resources, from prospective migrants and from the desperate poor, and no coherent theory of territory to think through these problems, this book offers an original, systematic, and sophisticated theory of why territory matters, who has rights over territory, and the scope and limits of these rights.