Justification and Legitimacy

Justification and Legitimacy
Author: A. John Simmons
Publisher: Cambridge University Press
Total Pages: 294
Release: 2001
Genre: Law
ISBN: 9780521793650

This book contains essays by A. John Simmons, perhaps the most innovative and creative of today's political philosophers.

The Right to Justification

The Right to Justification
Author: Rainer Forst
Publisher: Columbia University Press
Total Pages: 370
Release: 2012
Genre: Law
ISBN: 0231147082

Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.

Moral Principles and Political Obligations

Moral Principles and Political Obligations
Author: A. John Simmons
Publisher: Princeton University Press
Total Pages: 252
Release: 2020-05-05
Genre: Philosophy
ISBN: 0691213240

Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons (if any), he asks, are we morally bound to obey the law and support the political institutions of our countries?

Political Legitimacy

Political Legitimacy
Author: Jack Knight
Publisher: NYU Press
Total Pages: 411
Release: 2019-08-06
Genre: Political Science
ISBN: 1479888699

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.

On Justification

On Justification
Author: Luc Boltanski
Publisher: Princeton University Press
Total Pages: 400
Release: 2021-11-09
Genre: Social Science
ISBN: 1400827140

A vital and underappreciated dimension of social interaction is the way individuals justify their actions to others, instinctively drawing on their experience to appeal to principles they hope will command respect. Individuals, however, often misread situations, and many disagreements can be explained by people appealing, knowingly and unknowingly, to different principles. On Justification is the first English translation of Luc Boltanski and Laurent Thévenot's ambitious theoretical examination of these phenomena, a book that has already had a huge impact on French sociology and is likely to have a similar influence in the English-speaking world. In this foundational work of post-Bourdieu sociology, the authors examine a wide range of situations where people justify their actions. The authors argue that justifications fall into six main logics exemplified by six authors: civic (Rousseau), market (Adam Smith), industrial (Saint-Simon), domestic (Bossuet), inspiration (Augustine), and fame (Hobbes). The authors show how these justifications conflict, as people compete to legitimize their views of a situation. On Justification is likely to spark important debates across the social sciences.

Justice, Legitimacy, and Diversity

Justice, Legitimacy, and Diversity
Author: Emanuela Ceva
Publisher: Routledge
Total Pages: 174
Release: 2013-09-13
Genre: Political Science
ISBN: 1135724768

Most contemporary political philosophers take justice—rather than legitimacy—to be the fundamental virtue of political institutions vis-à-vis the challenges of ethical diversity. Justice-driven theorists are primarily concerned with finding mutually acceptable terms to arbitrate the claims of conflicting individuals and groups. Legitimacy-driven theorists, instead, focus on the conditions under which those exercising political authority on an ethically heterogeneous polity are entitled to do so. But what difference would it make to the management of ethical diversity in liberal democratic societies if legitimacy were prior to or independent from justice? This question identifies a widely underexplored issue whose theoretical salience shows how the understanding of what constitutes the primary question of political philosophy has a deep impact on how practical political questions are interpreted and addressed. What difference would it make, for example, whether the difficulties concerning the safeguard of human rights were couched in terms of the justice or of the legitimacy of the documents and treaties sanctioning their implementation. How should the issue of the quality of democracies be addressed whether one assigned priority to the justice or legitimacy of democratic institutions? Addressing these and other topical questions, the book offers a new theoretical angle from which to consider a number of pressing social and political issues. This book was previously published as a special issue of the Critical Review of Social and Political Philosophy.

Liberal Loyalty

Liberal Loyalty
Author: Anna Stilz
Publisher: Princeton University Press
Total Pages: 241
Release: 2009-07-26
Genre: Law
ISBN: 0691139148

Drawing on Kant, Rousseau, and Habermas, Stilz argues that we owe civic obligations to the state if it is sufficiently just, and that constitutionally enshrined principles of justice in themselves are grounds for obedience to our particular state and for democratic solidarity with our fellow citizens.

Democratic Legitimacy

Democratic Legitimacy
Author: Fabienne Peter
Publisher: Routledge
Total Pages: 177
Release: 2009-01-13
Genre: Business & Economics
ISBN: 113431924X

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.

Compromise, Peace and Public Justification

Compromise, Peace and Public Justification
Author: Fabian Wendt
Publisher: Springer
Total Pages: 281
Release: 2016-07-11
Genre: Philosophy
ISBN: 3319288776

This book explores the morality of compromising. The author argues that peace and public justification are values that provide moral reasons to make compromises in politics, including compromises that establish unjust laws or institutions. He explains how it is possible to have moral reasons to agree to moral compromises and he debates our moral duties and obligations in making such compromises. The book also contains discussions of the sources of the value of public justification, the relation between peace and justice, the nature of modus vivendi arrangements and the connections between compromise, liberal institutions and legitimacy. In exploring the morality of compromising, the book thus provides some outlines for a map of political morality beyond justice.

Without Foundations

Without Foundations
Author: Donald J. Herzog
Publisher: Cornell University Press
Total Pages: 269
Release: 2018-03-15
Genre: Political Science
ISBN: 1501723014

Can political theorists justify their ideas? Do sound political theories need foundations? What constitutes a well-justified argument in political discourse? Don Herzog attempts to answer these questions by investigating the ways in which major theorists in the Anglo-American political tradition have justified their views. Making use of a wide range of primary texts, Herzog examines the work of such important theorists as Thomas Hobbes, John Locke, the utilitarians (Jeremy Bentham, J. S. Mill. Henry Sidgwick, J. C. Harsanyi, R. M. Hare, and R. B. Brandt), David Hume, and Adam Smith. Herzog argues that Hobbes, Locke, and the utilitarians fail to justify their theories because they try to ground the volatile world of politics in immutable aspects of human nature, language, theology, or rationality. Herzog concludes that the works of Adam Smith and David Hume offer illuminating examples of successful justifications. Basing their political conclusions on social contexts, not on abstract principles, Hume and Smith develop creative solutions to given problems.