Between Facts and Norms

Between Facts and Norms
Author: Jürgen Habermas
Publisher: John Wiley & Sons
Total Pages: 637
Release: 2015-10-08
Genre: Philosophy
ISBN: 0745694268

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.

Legitimacy

Legitimacy
Author: Arthur Isak Applbaum
Publisher: Harvard University Press
Total Pages: 305
Release: 2019-11-19
Genre: Philosophy
ISBN: 0674241932

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.

Legitimacy and Compliance in Criminal Justice

Legitimacy and Compliance in Criminal Justice
Author: Adam Crawford
Publisher: Routledge
Total Pages: 231
Release: 2013
Genre: Law
ISBN: 0415671558

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.

Handbook of Business Legitimacy

Handbook of Business Legitimacy
Author: Jacob Dahl Rendtorff
Publisher: Springer
Total Pages: 0
Release: 2020-10-10
Genre: Business & Economics
ISBN: 9783030146214

This Handbook forms part of wider research in responsibility, ethics and legitimacy of corporations. Through an interdisciplinary perspective with comparative integration of sociological, politological, philosophical, theological, ethical, economic, legal, linguistic and communication theoretical approaches this Handbook will clarify how the interrelation between company and environment is mediated by legitimating notions in public spaces and public relations; how and why these notions have changed radically; how these transformations strike on the epistemological as well as practical dimension of business companies; and the problems involved in these transformations at the macro-, meso- and micro levels. The Handbook begins with a historical introduction and chronology of the development of business legitimacy, providing a comprehensive assessment of the concept’s evolution and identifying the most influential authors and their works. These may be divided into authors who follow (1) a philosophical, sociological, or conceptual tradition in management and leadership in their treatment of legitimacy and those who belong to the research tradition of (2) application of the concept in management science and leadership as well as in organizational theory and business practice in the interdisciplinary perspective of the different approaches. The Handbook continues with systematic approaches and major themes developed in the concept of business legitimacy. Contributions here may be conceptual, empirical/applied or case studies. The different parts of the volume deal with the different topics to which business legitimacy has been applied, with how legitimacy is relevant in the various operational areas of the firm, and with the legitimacy theory’s responses to some of the most important issues that businesses and organizations currently face.

East Asian Perspectives on Political Legitimacy

East Asian Perspectives on Political Legitimacy
Author: Joseph Chan
Publisher: Cambridge University Press
Total Pages: 281
Release: 2016-11-17
Genre: Law
ISBN: 1108107826

What makes a government legitimate? Why do people voluntarily comply with laws, even when no one is watching? The idea of political legitimacy captures the fact that people obey when they think governments' actions accord with valid principles. For some, what matters most is the government's performance on security and the economy. For others, only a government that follows democratic principles can be legitimate. Political legitimacy is therefore a two-sided reality that scholars studying the acceptance of governments need to take into account. The diversity and backgrounds of East Asian nations provides a particular challenge when trying to determine the level of political legitimacy of individual governments. This book brings together both political philosophers and political scientists to examine the distinctive forms of political legitimacy that exist in contemporary East Asia. It is essential reading for all academic researchers of East Asian government, politics and comparative politics.

Nietzsche's Political Skepticism

Nietzsche's Political Skepticism
Author: Tamsin Shaw
Publisher: Princeton University Press
Total Pages: 171
Release: 2010-07-21
Genre: Philosophy
ISBN: 0691146535

It is difficult to spell out the precise political implications of Nietzsche's critique of morality. He himself never did so in any systematic way. Tamsin Shaw argues there is a reason for this: that Nietzsche's insights entail a distinctive form of political skepticism.

Legitimacy and International Courts

Legitimacy and International Courts
Author: Nienke Grossman
Publisher: Cambridge University Press
Total Pages: 397
Release: 2018-02-22
Genre: Law
ISBN: 1108540228

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Encyclopedia of Corporate Social Responsibility

Encyclopedia of Corporate Social Responsibility
Author: Samuel O. Idowu
Publisher: Springer
Total Pages: 0
Release: 2013-01-27
Genre: Business & Economics
ISBN: 9783642280351

The role of Corporate Social Responsibility in the business world has developed from a fig leaf marketing front into an important aspect of corporate behavior over the past several years. Sustainable strategies are valued, desired and deployed more and more by relevant players in many industries all over the world. Both research and corporate practice therefore see CSR as a guiding principle for business success. The “Encyclopedia of Corporate Social Responsibility” has been conceived to assist researchers and practitioners to align business and societal objectives. All actors in the field will find reliable and up to date definitions and explanations of the key terms of CSR in this authoritative and comprehensive reference work. Leading experts from the global CSR community have contributed to make the “Encyclopedia of Corporate Social Responsibility” the definitive resource for this field of research and practice.

Normativity and Power

Normativity and Power
Author: Rainer Forst
Publisher: Oxford University Press
Total Pages: 209
Release: 2017-10-20
Genre: Law
ISBN: 0192519697

Humans are justificatory beingsthey offer, demand, and require justifications. The rules and institutions they follow rest on justification narratives that have evolved over time and, taken together, constitute a dynamic and tension-laden normative order. In this collection of essays, the first translation into English of the ground-breaking Normativität und Macht (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By combining insights from the disciplines of philosophy, history, and the social sciences, Forst re-evaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification.

Human Rights, Legitimacy, and the Use of Force

Human Rights, Legitimacy, and the Use of Force
Author: Allen Buchanan
Publisher: Oxford University Press
Total Pages: 341
Release: 2010-01-13
Genre: Philosophy
ISBN: 0199741662

The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.