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In this chapter, I discuss in what sense and to what extent institutions have political authority. I take institutions with legitimate authority to be justified in wielding political power, where this political power is backed by the threat of coercion. Against the position that international institutions are not coercive, I claim that applying an adequate conception of coercion – which takes the concept of enforcement as paradigmatic for coercion, rather than the concept of pressure – enables us to understand some international institutions as coercive. It also lays open the assumption that a single conception of authority applied to all international institutions misconceives the diversity in aims and purposes of international institutions. Institutions that coordinate morally mandatory aims and institutions that coordinate mutual advantage can both be plausibly understood as coercive, even though their authority differs in scope and in what standards they must satisfy. Finally, I discuss whether the standard of state consent is appropriate for international institutions: while it is plausible for institutions that coordinate mutual advantage, it is implausible as a standard of legitimacy for institutions that coordinate morally mandatory aims – such as institutions of international criminal justice.
Building upon the analysis of the previous chapter, this final critical chapter examines theories of state creation focused upon the protection of human rights and the provision of representative government. Both approaches are examined through the lens of governmental legitimacy, and both are finally dismissed as implausible reconstructions of the relevant legal practice. In the course of this argument, significant attention is given to whether the protection of human rights and the provision of representative government are sufficient to render contemporary governments legitimate, to which a negative answer is ultimately given. In particular, neither the egalitarian credentials of representative government nor its facilitation of popular accountability are as normatively conclusive as many 'democratic statehood' theorists suggest.
This paper highlights scholarly neglect of political legitimacy, the idea of a state's use of power in ways acceptable to its citizens. We argue that political legitimacy affects a state's ability to formulate and implement its policies, thus affecting governance. Our paper provides the first empirical evidence of the positive relationship between political legitimacy and governance. We combine novel cross-sectional data on political legitimacy and several governance indicators from 66 countries. Our results show that a one-standard-deviation increase in the legitimacy score increases the rule of law indicator by about one-third standard deviation. These results are robust across OLS, an instrumental variable method, and several other governance indicators. Moreover, our results reveal that in the presence of greater trust, political legitimacy has an enhanced impact on governance.
John Locke affirms a right to revolt against tyranny, but he denies that a minority of citizens is at liberty to exercise it unless a majority of their fellow citizens concurs in their judgment that the government is a tyranny. In a recent article, Massimo Renzo takes an equivalent position, on which a revolutionary vanguard requires the consent of the domestic majority before being permitted to revolt. Against Locke and Renzo, I argue that a minority of citizens can have a liberty to revolt, whatever the domestic majority may hold. My argument concentrates on the moral force of majority rule, which turns out to presuppose the satisfaction of a number of background conditions. When any of these conditions fails to obtain, no domestic majority can justifiably block a minority’s liberty to revolt against tyranny. For the purposes of the theory of revolution, this minority has to be large enough to have a reasonable prospect of (military) success. Without that prospect, the minority will be anyhow forbidden to revolt, on grounds familiar from just war theory. However, for the purposes of the theory of political legitimacy, prospects of success are irrelevant. All that matters are the conditions under which any citizen is released from their ordinary duty not to overthrow the government.
This chapter takes up what Harold Laski has called the most real problem in modern politics, namely, the theoretical defense of the proposition that the people should rule. It returns to the first sustained philosophical engagement with this problem, in Platos Republic, and argues that the Republic remains a vital resource for thinking through the problem of the legitimacy of popular rule. The chapter focuses on the status of knowledge – its presence and absence – with regard both to the evaluation and the execution of political rule. It maintains that the Republic, far from being the epistocratic manifesto it is often taken to be – by both the defenders and critics of the view that not the people but the knowledgeable should rule – in fact expresses profound skepticism about any attempt to claim the right to rule on the basis of superior knowledge about the political good. The chapter then explores how the Republic, so understood, may inform our thinking about the theoretical legitimacy and practical implementation of the principle of popular sovereignty.
The chapter, termed Legalized Politicization Era (2010–present), examines the role of law in securing a new political–economic equilibrium. In this era, the consequences of state capitalism, China’s economic turning point, and a legitimacy crisis in the Party-state’s rule, advanced the use of law in two directions: intensifying the presence of the regulatory state in the market on the one hand while shifting market governance powers directly to the CCP itself on the other. The chapter describes how in these developments the law has been assigned a meaningful and more explicit role in steering capital flows and structuring markets. It argues that taking notice of the two functions of law has become ever more relevant.
Rawls introduces the idea of a well-ordered liberal society in the 1996 introduction to Political Liberalism. A liberal society is well-ordered when governed by one or another reasonable liberal political conception. Rawls says: “political liberalism is to be understood as a freestanding family of reasonable liberal political conceptions.” I discuss the main features of reasonable liberal conceptions within well-ordered liberal societies, and the centrality of the criterion of reciprocity. Liberal conceptions are not reasonable if they fail to impose any formal restrictions on permissible inequalities or fail to limit the effects of wealth on democratic politics. This includes not only libertarianism but also a wide range of classical and neo-liberal positions. None of these are reasonable according to Rawls’s criterion of reciprocity, and none satisfy his liberal principle of political legitimacy, since all permit and even encourage unrestricted inequalities and individuals’ unlimited accumulation of wealth and economic powers.
Assessing authoritarian police and policing in East Asia poses conceptual challenges – which institutions count as “police,” which functions constitute “policing,” which polities are “authoritarian,” what features are “East Asian”? Patterns can be understood in terms of common issues: functions or roles police are expected to perform; internal institutional structures of the police (including centralization/decentralization); horizontal relations with other institutions; vertical relations with the regime; relations with society; and external influences (from abroad and from the past). Policing is beset by several paradoxes and much ambivalence: scope versus effectiveness of police work; laws and the rule of law as both empowering and constraining police; bolstering legitimacy for the police versus for the regime; “police reform,” which can make police more benign (from a liberal perspective) or more potent tools of oppression and control. The country-specific assessments in this volume collectively reveal a complex pattern that includes fundamental similarities and significant diversity.
Fabienne Peter (2020) recently proposed a taxonomy of accounts of the meta-normative grounds of political legitimacy. In this article, I argue that there is an important distinction left out of that taxonomy that complicates the picture. This is the distinction between attitude-independent and attitude-dependent conceptions of normative truth. Through an examination of these conceptions of normative truth (and correlate interpretations of what counts as a normative reason) I argue that what Peter calls a fact-based conception of legitimacy may collapse into a will-based conception. Further, the distinction has important implications for what Peter calls the belief-based conception. Finally, I defend the will-based conception against Peter's arbitrariness objection through an examination of ideally coherent eccentrics.
This paper expounds and defends a relational egalitarian account of the moral wrongfulness of vote markets according to which such markets are incompatible with our relating to one another as equals qua people with views on what we should collectively decide. Two features of this account are especially interesting. First, it shows why vote markets are objectionable even in cases where standard objections to them, such as the complaint that they result in inequality in opportunity for political influence across rich and poor people, are inapplicable. Second, it specifies the sense in which, politically speaking, we should relate as equals, and in doing provides a richer version of recent relational egalitarian accounts of the ideal of democracy.
The current political crisis in Hong Kong is characterized by a level of social unrest that the city has not seen since the riots of 1966–67. After that earlier round of turmoil, the British colonial regime secured legitimacy through socioeconomic improvement in Hong Kong. “Prosperity and Stability” became the hallmark of Hong Kong's success, which extended into the period of political uncertainty in the 1980s. Transcending the handover of Hong Kong to China in 1997, this catchphrase was adopted as the slogan of the Hong Kong Special Administrative Region government in its bid for legitimacy through socioeconomic appeals. Against this perennial state rhetoric, grassroots protesters began to demand “Democracy and Freedom” around June Fourth. These public demands have escalated since the Umbrella Movement in an environment of socioeconomic regression. Examining these two pairs of keywords—prosperity/stability and democracy/freedom—this article underscores the contention in the legitimacy of governance in Hong Kong since the closing decades of British rule. This analysis indicates that it would be unproductive for the governing authorities or the protesters to deny the earnestness of either the political or socioeconomic assertions in the ongoing contention of legitimacy to govern Hong Kong.
This essay critically assesses Anna Stilz's argument in Territorial Sovereignty: A Philosophical Exploration that legitimate states have a right to do wrong. I concede that individuals enjoy a claim against external interference when they commit suberogatory acts, but I deny that the right to do wrong extends to acts that would violate the rights of others. If this is correct, then one must do more than merely invoke an individual's right to do wrong if one hopes to vindicate a legitimate state's right to commit injustices. Of course, there may be distinctive features of legitimate states that explain why they enjoy moral protections that individuals lack, but I argue that the value of collective self-determination is not up to this task. And even if these arguments fail, self-determination would at most explain why legitimate states enjoy a right to commit injustices against their own citizens; it would provide them no moral protection when they violate the rights of outsiders.
Chapter 6 analyses how China has guaranteed the right of access to environmental information through the Open Government Information Regulations 2019 (OGI). The chapter identifies that the OGI conceptualises the right differently to the previous legal regimes, focused primarily on entrenching the political legitimacy of the Chinese Communist Party. While some aspects of China’s environmental information regime are effective at meeting the right’s core procedural elements, because it fails to engage with the right’s core substantive elements, it merely provides a diluted version of the right. Yet, even within China’s conceptualisation of the right, there are various procedural elements which can be sourced to the Aarhus Convention. As a result, the chapter concludes by demonstrating that although the Aarhus Convention has not impacted on how China views the right’s core substantive elements, it has exerted a normative influence over its core procedural elements.
Public reason approaches to political legitimacy typically claim that members of society are free and equal when they live under institutions that are publically justified. Institutions are publically justified when they can be justified in the right way to the reasoning of each member. However, the requirements of publically justified institutions are also backed by political coercion or other social practices through which individuals are held accountable to those requirements, though the result is supposedly citizens being free in a positive sense. Throughout this development, public reason theorists have seemed to presume that legitimate institutions are sufficient for securing the freedom of its members, even the members that do not think those institutions are best. This change from best to merely legitimate, however, raises serious difficulties for the account of freedom within public reason theories, particularly when we consider the level of divergence that may exist between the institutions favored by one’s own reason and the merely legitimate institutions one may live under. This chapter elaborates the difficulties that public reason views face regarding liberty in a merely legitimate regime, and considers the main strategies available to such accounts for understanding the liberty of members of legitimate societies.
Freedom is widely regarded as a basic social and political value that is deeply connected to the ideals of democracy, equality, liberation, and social recognition. Many insist that freedom must include conditions that go beyond simple “negative” liberty understood as the absence of constraints; only if freedom includes other conditions such as the capability to act, mental and physical control of oneself, and social recognition by others will it deserve its place in the pantheon of basic social values. Positive Freedom is the first volume to examine the idea of positive liberty in detail and from multiple perspectives. With contributions from leading scholars in ethics and political theory, this collection includes both historical studies of the idea of positive freedom and discussions of its connection to important contemporary issues in social and political philosophy.
This paper presents a normative analysis of restrictive measures in response to a pandemic emergency. It applies to the context presented by the Corona virus disease 2019 (COVID-19) global outbreak of 2019, as well as to future pandemics. First, a Millian-liberal argument justifies lockdown measures in order to protect liberty under pandemic conditions, consistent with commonly accepted principles of public health ethics. Second, a wider argument contextualizes specific issues that attend acting on the justified lockdown for western liberal democratic states, as modeled on discourse and accounted for by Jürgen Habermas. The authors argue that a range of norms are constructed in societies that, justifiably, need to be curtailed for the pandemic. The state has to take on the unusual role of sole guardian of norms under emergency pandemic conditions. Consistently with both the Millian-liberal justification and elements of Habermasian discourse ethics, they argue that that role can only be justified where it includes strategy for how to return political decisionmaking to the status quo ante. This is because emergency conditions are only justified as a means to protecting prepandemic norms. To this end, the authors propose that an emergency power committee is necessary to guarantee that state action during pandemic is aimed at re-establishing the conditions of legitimacy of government action that ecological factors (a virus) have temporarily curtailed.
A lack of political legitimacy undermines the ability of the European Union (EU) to resolve major crises and threatens the stability of the system as a whole. By integrating digital data into political processes, the EU seeks to base decision-making increasingly on sound empirical evidence. In particular, artificial intelligence (AI) systems have the potential to increase political legitimacy by identifying pressing societal issues, forecasting potential policy outcomes, and evaluating policy effectiveness. This paper investigates how citizens’ perceptions of EU input, throughput, and output legitimacy are influenced by three distinct decision-making arrangements: (a) independent human decision-making by EU politicians; (b) independent algorithmic decision-making (ADM) by AI-based systems; and (c) hybrid decision-making (HyDM) by EU politicians and AI-based systems together. The results of a preregistered online experiment (n = 572) suggest that existing EU decision-making arrangements are still perceived as the most participatory and accessible for citizens (input legitimacy). However, regarding the decision-making process itself (throughput legitimacy) and its policy outcomes (output legitimacy), no difference was observed between the status quo and HyDM. Respondents tend to perceive ADM systems as the sole decision-maker to be illegitimate. The paper discusses the implications of these findings for (a) EU legitimacy and (b) data-driven policy-making and outlines (c) avenues for future research.
This chapter explains why environmental health issues carry profound implications for China’s future and how they threaten to severely weaken the nation’s economic growth, undermine its sociopolitical stability, and complicate China’s foreign relations.Environmental health issues not only exact a significant economic toll but also have profound sociopolitical implications. With the growing public attention on air quality, pollution has increasingly become a political issue that tests the Chinese government’s ruling capacity. The environmental health problems, in conjunction with other mounting domestic challenges, will constrain Chinese leaders’ ability to mobilize the resources and internal support necessary for China to play a global leadership role.
The debate over rival conceptions of political legitimacy tends to focus on first-order considerations—for example, on the relative importance of procedural and substantive values. In this essay, I argue that there is an important, but often overlooked, distinction among rival conceptions of political legitimacy that originates at the meta-normative level. This distinction, which cuts across the distinctions drawn at the first-order level, concerns the source of the normativity of political legitimacy, or, as I refer to it here, the grounds of political legitimacy. If we focus on the grounds of political legitimacy, there are three main conceptions of political legitimacy: will-based, belief-based, and fact-based conceptions. I present an objection to each of those main conceptions and defend a hybrid account of the grounds of political legitimacy.
The fact that most of us are ignorant on politically relevant matters presents a problem for democracy. In light of this, some have suggested that we should impose epistemic constraints on democratic participation, and specifically that the franchise be restricted along competency lines – a suggestion that in turn runs the risk of violating a long-standing condition on political legitimacy to the effect that legitimate political arrangements cannot be open to reasonable objections. The present paper therefore outlines a way to solve the problem of public ignorance without restricting the franchise. The proposal involves filtering the electoral input of a universal franchise through a statistical model that simulates what the public's political preferences would have been, had they been informed on politically relevant matters. The result is modelled democracy. A case is made that such democracy both solves the problem of public ignorance and satisfies the aforementioned condition on legitimacy.