Author: Italo Pardo
Publisher: Berghahn Books
ISBN: 1800733917
Category : Social Science
Languages : en
Pages : 272
Get Book Here
Book Description
With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues of contemporary politics and is examined in this volume in depth for the first time. Drawing on ethnographic material from the U.S., Europe, India, Japan, and Africa, anthropologists and legal scholars investigate the morally diversified definitions of legitimacy that co-exist in any one society. Aware of the tensions between state morality and community morality, they offer reflections on the relationship between agency - individual and collective - and the legal and political systems. In a situation in which politics has only too often degenerated into vacuous rhetoric, this volume demonstrates how critical the relationship between trust and legitimacy is for the authoritative exercise of power in democratic societies.
Author: Richard H. Fallon
Publisher: Harvard University Press
ISBN: 0674975812
Category : Law
Languages : en
Pages : 237
Get Book Here
Book Description
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Author: Arthur Isak Applbaum
Publisher: Harvard University Press
ISBN: 0674983467
Category : Philosophy
Languages : en
Pages : 305
Get Book Here
Book Description
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.
Author: Allen Buchanan
Publisher: OUP Oxford
ISBN: 0191522465
Category : Political Science
Languages : en
Pages : 528
Get Book Here
Book Description
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
Author: Ian Shapiro
Publisher: Yale University Press
ISBN: 0300189753
Category : Political Science
Languages : en
Pages : 303
Get Book Here
Book Description
When do governments merit our allegiance, and when should they be denied it? Ian Shapiro explores this most enduring of political dilemmas in this innovative and engaging book. Building on his highly popular Yale courses, Professor Shapiro evaluates the main contending accounts of the sources of political legitimacy. Starting with theorists of the Enlightenment, he examines the arguments put forward by utilitarians, Marxists, and theorists of the social contract. Next he turns to the anti-Enlightenment tradition that stretches from Edmund Burke to contemporary post-modernists. In the last part of the book Shapiro examines partisans and critics of democracy from Plato’s time until our own. He concludes with an assessment of democracy’s strengths and limitations as the font of political legitimacy. The book offers a lucid and accessible introduction to urgent ongoing conversations about the sources of political allegiance.
Author: Joseph S. Nye
Publisher:
ISBN: 0190935960
Category : Biography & Autobiography
Languages : en
Pages : 273
Get Book Here
Book Description
Americans constantly make moral judgments about presidents and foreign policy. Unfortunately, many of these assessments are poorly thought through. A president is either praised for the moral clarity of his statements or judged solely on the results of their actions. In Do Morals Matter?, Joseph S. Nye, Jr., one of the world's leading scholars of international relations, provides a concise yet penetrating analysis of the role of ethics in US foreign policy during the American era after 1945. Nye works through each presidency from FDR to Trump and scores their foreign policy on three ethical dimensions of their intentions, the means they used, and the consequences of their decisions. Alongside this, he also evaluates their leadership qualities, elaborating on which approaches work and which ones do not. Regardless of a president's policy preference, Nye shows that each one was not fully constrained by the structure of the system and actually had choices. He further notes the important ethical consequences of non-actions, such as Truman's willingness to accept stalemate in Korea rather than use nuclear weapons. Since we so often apply moral reasoning to foreign policy, Nye suggests how to do it better. Most importantly, presidents need to factor in both the political context and the availability of resources when deciding how to implement an ethical policy-especially in a future international system that presents not only great power competition from China and Russia, but a host of transnational threats: the illegal drug trade, infectious diseases, terrorism, cybercrime, and climate change.
Author: Fred E. Foldvary
Publisher: Gutenberg Pr
ISBN: 9780960387212
Category : Political Science
Languages : en
Pages : 340
Get Book Here
Book Description
Author: Steven J. Barela
Publisher: Routledge
ISBN: 1317105877
Category : Technology & Engineering
Languages : en
Pages : 461
Get Book Here
Book Description
Unmanned combat air vehicles, or in common parlance 'drones', have become a prominent instrument in US efforts to counter an objective (and subjective) cross-border terrorist threat with lethal force. As a result, critical questions abound on the legitimacy of their use. In a series of multidisciplinary essays by scholars with an extensive knowledge of international norms, this book explores the question of legitimacy through the conceptual lenses of legality, morality and efficacy, it then closes with the consideration of a policy proposal aimed at incorporating all three indispensable elements. The importance of this inquiry cannot be overstated. Non-state actors fully understand that attacking the much more powerful state requires moving the conflict away from the traditional battlefield where they are at an enormous disadvantage. Those engaging in terrorism seek to goad the ruling government into an overreaction, or abuse of power, to trigger a destabilization via an erosion of its legitimacy. Thus defending the target of legitimacy”in this case, insuring the use of deadly force is constrained by valid limiting principles”represents an essential strategic interest. This book seeks to come to grips with the new reality of drone warfare by exploring if it can be used to preserve, rather than eat away at, legitimacy. After an extensive analysis of the three key parameters in twelve chapters, the practical proposition of establishing a 'Drone Court' is put forward and examined as a way of pursuing the goal of integrating these essential components to defend the citizenry and the legitimacy of the government at the same time.
Author: Adam Crawford
Publisher: Routledge
ISBN: 0415671558
Category : Law
Languages : en
Pages : 231
Get Book Here
Book Description
This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.
Author: J nos Kis
Publisher: Central European University Press
ISBN: 9789639776227
Category : Political Science
Languages : en
Pages : 328
Get Book Here
Book Description
In a world where politics is often associated with notions such as moral decay, frustration and disappointment, the feeling of betrayal, and of democracy in trouble, Kis examines theories about the morality of political action. Amending the two classical theses of realism and of indirect motivation in politics, Kis argues for a constrained thesis of realism and a wide thesis of indirect motivation. By these means the place of moral motivation and common deliberation can be identified, and political agents can be held morally accountable. The analysis refers to a broad range of classic and contemproary literature as well as to recent cases from international politics which call for moral judgment. The Appendix is dedicated to Vaclav Havel's seminal essay on "The Power of the Powerless," which sheds light on the diversity of approaches dissident intellectuals have taken to politics.
