Legitimacy
Legitimacy

Author: Arthur Isak Applbaum

Publisher: Harvard University Press

Published: 2019-11-19

Total Pages: 305

ISBN-13: 0674983467

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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.

Between Legitimacy and Violence
Between Legitimacy and Violence

Author: Marco Palacios

Publisher: Duke University Press

Published: 2006-06-06

Total Pages: 324

ISBN-13: 9780822337676

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DIVComprehensive overview of modern Colombian history considers why Colombia's long-established, stable political institutions have not been able to prevent frequent and extreme violence./div

Law and Legitimacy in the Supreme Court
Law and Legitimacy in the Supreme Court

Author: Richard H. Fallon

Publisher: Harvard University Press

Published: 2018-02-19

Total Pages: 237

ISBN-13: 0674975812

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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

Legitimacy and Power Politics
Legitimacy and Power Politics

Author: Mlada Bukovansky

Publisher: Princeton University Press

Published: 2009-01-10

Total Pages: 265

ISBN-13: 1400825415

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This book examines the causes and consequences of a major transformation in both domestic and international politics: the shift from dynastically legitimated monarchical sovereignty to popularly legitimated national sovereignty. It analyzes the impact of Enlightenment discourse on politics in eighteenth-century Europe and the United States, showing how that discourse facilitated new authority struggles in Old Regime Europe, shaped the American and French Revolutions, and influenced the relationships between the revolutionary regimes and the international system. The interaction between traditional and democratic ideas of legitimacy transformed the international system by the early nineteenth century, when people began to take for granted the desirability of equality, individual rights, and restraint of power. Using an interpretive, historically sensitive approach to international relations, the author considers the complex interplay between elite discourses about political legitimacy and strategic power struggles within and among states. She shows how culture, power, and interests interacted to produce a crucial yet poorly understood case of international change. The book not only shows the limits of liberal and realist theories of international relations, but also demonstrates how aspects of these theories can be integrated with insights derived from a constructivist perspective that takes culture and legitimacy seriously. The author finds that cultural contests over the terms of political legitimacy constitute one of the central mechanisms by which the character of sovereignty is transformed in the international system--a conclusion as true today as it was in the eighteenth century.

The Legitimacy of the Middle Ages
The Legitimacy of the Middle Ages

Author: Andrew Cole

Publisher: Duke University Press

Published: 2010-02-08

Total Pages: 289

ISBN-13: 0822392542

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This collection of essays argues that any valid theory of the modern should—indeed must—reckon with the medieval. Offering a much-needed correction to theorists such as Hans Blumenberg, who in his Legitimacy of the Modern Age describes the "modern age" as a complete departure from the Middle Ages, these essays forcefully show that thinkers from Adorno to Žižek have repeatedly drawn from medieval sources to theorize modernity. To forget the medieval, or to discount its continued effect on contemporary thought, is to neglect the responsibilities of periodization. In The Legitimacy of the Middle Ages, modernists and medievalists, as well as scholars specializing in eighteenth-, nineteenth-, and twentieth-century comparative literature, offer a new history of theory and philosophy through essays on secularization and periodization, Marx’s (medieval) theory of commodity fetishism, Heidegger’s scholasticism, and Adorno’s nominalist aesthetics. One essay illustrates the workings of medieval mysticism in the writing of Freud’s most famous patient, Daniel Paul Schreber, author of Memoirs of My Nervous Illness (1903). Another looks at Michael Hardt and Antonio Negri’s Empire, a theoretical synthesis whose conscientious medievalism was the subject of much polemic in the post-9/11 era, a time in which premodernity itself was perceived as a threat to western values. The collection concludes with an afterword by Fredric Jameson, a theorist of postmodernism who has engaged with the medieval throughout his career. Contributors: Charles D. Blanton, Andrew Cole, Kathleen Davis, Michael Hardt, Bruce Holsinger, Fredric Jameson, Ethan Knapp, Erin Labbie, Jed Rasula, D. Vance Smith, Michael Uebel

The Legitimacy of the Modern Age
The Legitimacy of the Modern Age

Author: Hans Blumenberg

Publisher: MIT Press

Published: 1985-10-21

Total Pages: 718

ISBN-13: 9780262521055

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In this major work, Blumenberg takes issue with Karl Löwith's well-known thesis that the idea of progress is a secularized version of Christian eschatology, which promises a dramatic intervention that will consummate the history of the world from outside. Instead, Blumenberg argues, the idea of progress always implies a process at work within history, operating through an internal logic that ultimately expresses human choices and is legitimized by human self-assertion, by man's responsibility for his own fate.

Morals of Legitimacy
Morals of Legitimacy

Author: Italo Pardo

Publisher: Berghahn Books

Published: 2001-01-01

Total Pages: 272

ISBN-13: 1800733917

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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.

Politics and Theater
Politics and Theater

Author: Sheryl Kroen

Publisher: Univ of California Press

Published: 2000-09-04

Total Pages: 420

ISBN-13: 9780520924383

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Moliére's anticlerical comedy Tartuffe is the unique prism through which Sheryl Kroen views postrevolutionary France in the years of the Restoration. Following the lead of the French men and women who turned to this play in the 1820s to make sense of their world, Kroen exposes the crisis of legitimacy defining the regime in these years and demonstrates how the people of the time made steps toward a democratic resolution to this crisis. Moving from the town squares, where state and ecclesiastical officials orchestrated their public spectacles in favor of the monarchy, to the theaters, where the French used Tartuffe to mock the restored monarch and the church, this cultural history of the Restoration offers a rich and colorful portrait of a period in which critical legacies of the revolutionary period were played out and cemented. While most historians have characterized the Restoration as a period of reaction and reversal, Kroen offers convincing evidence that the Restoration was a critical bridge between the emerging practices of the Old Regime, the Revolution, and the post-1830 politics of protest. She re-creates the atmosphere of Restoration France and at the same time brings major nineteenth-century themes into focus: memory and commemoration, public and private spheres, politics and religion, anticlericalism, and the formation of democratic ideologies and practices.

Legality and Legitimacy
Legality and Legitimacy

Author: Carl Schmitt

Publisher: Duke University Press

Published: 2004-02-26

Total Pages: 212

ISBN-13: 0822385767

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Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.