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Author: Emanuela Ceva Publisher: Routledge ISBN: 1135724830 Category : Political Science Languages : en Pages : 186
Book Description
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.
Author: Emanuela Ceva Publisher: Routledge ISBN: 1135724830 Category : Political Science Languages : en Pages : 186
Book Description
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.
Author: Roy L. Brooks Publisher: Cambridge University Press ISBN: 1108341411 Category : Law Languages : en Pages : 657
Book Description
The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process. The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.
Author: Emanuela Ceva Publisher: Routledge ISBN: 1135724768 Category : Political Science Languages : en Pages : 174
Book Description
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.
Author: Benjamin Veghte Publisher: Routledge ISBN: 1351899449 Category : Political Science Languages : en Pages : 283
Book Description
Drawing together leading international experts such as Knut Halvorsen, Robert Y. Shapiro, Stefan Svallfors and Wim van Oorschot, this volume addresses issues of justice and legitimacy in the context of welfare state transformation. The contributors demonstrate that the Western welfare state is not at risk of losing support or encountering fundamental opposition, but does face serious challenges including growing social and ethnic diversity, new social risks, fiscal constraints and contested notions of justice. The volume focuses on four main aspects: attitude formation in cross-national perspective, the just distribution of burdens and benefits, political factors mediating the effects of social attitudes on public policy and challenges to the welfare state stemming from immigration and ethnic diversity. Providing a comparative perspective on the issue, Social Justice, Legitimacy and the Welfare State makes a significant contribution to the literature on the public standing of the welfare state.
Author: Anna Elisabetta Galeotti Publisher: Routledge ISBN: 1351246852 Category : Political Science Languages : en Pages : 134
Book Description
The chapters in this book deal with different, though related, topics concerning the tense relationship between democracy and diversity. On the one hand, social diversity represents an opportunity, widening the horizon of social options and perspectives of innovation, but, on the other hand, it creates problems for the social cohesion and peaceful coexistence of many groups, be they majority or minority. The chapters depart from the intrinsic connection between democracy and diversity – and the unavoidable challenges that pluralism poses to decision-making procedures – investigating, from different perspectives, how the normative requirement of fully respecting agents’ reflexive agency impacts the revision of democratic decision-making procedures and the way in which institutions react to citizens’ justice-based claims. All the contributions share the theoretical insight that diversity is one of the raisons d’être of democracy, and, still, all acknowledge that the fact of pluralism poses challenges to the legitimacy of democratic procedures of decision-making. Indeed, if citizens had the same values and preferences, collective decisions would be easily achieved and the institution of democratic procedures would be redundant. Yet the wide pluralism of doctrines, habits, social standards, and conceptions of the goods typical of contemporary societies has often led citizens to challenge the legitimacy of democratic decisions because these choices do not fit their preferences or values. To address these challenges following recent accounts of democratic decision-making, in this volume, different strategies are introduced, defended, and criticized in order to outline a perspective that is able to guide actual decision-making processes (guidance), define standards that everyone has equal opportunity to fulfil (inclusion), and grant that citizens exercise their reflexive control on the whole democratic system (reflexivity). The chapters in this book were originally published as a special issue of the Critical Review of International Social and Political Philosophy.
Author: D. Ramona Bobocel Publisher: Taylor & Francis ISBN: 1136872078 Category : Mathematics Languages : en Pages : 365
Book Description
In response to the international turmoil, violence, and increasing ideological polarization, social psychological interest in the topics of legitimacy and social justice has blossomed considerably. This integrative volume illustrates the diversity and richness of research in the field, explaining how and why people make sense of injustice at all levels of analysis.
Author: Tom R. Tyler Publisher: Russell Sage Foundation ISBN: 1610445414 Category : Social Science Languages : en Pages : 408
Book Description
The police and the courts depend on the cooperation of communities to keep order. But large numbers of urban poor distrust law enforcement officials. Legitimacy and Criminal Justice explores the reasons that legal authorities are or are not seen as legitimate and trustworthy by many citizens. Legitimacy and Criminal Justice is the first study of the perceived legitimacy of legal institutions outside the U.S. The authors investigate relations between courts, the police, and communities in the U.K., Western Europe, South Africa, Slovenia, South America, and Mexico, demonstrating the importance of social context in shaping those relations. Gorazd Meško and Goran Klemencic examine Slovenia's adoption of Western-style "community policing" during its transition to democracy. In the context of Slovenia's recent Communist past—when "community policing" entailed omnipresent social and political control—citizens regarded these efforts with great suspicion, and offered little cooperation to the police. When states fail to control crime, informal methods of law can gain legitimacy. Jennifer Johnson discusses an extra-legal policing system carried out by farmers in Guerrero, Mexico—complete with sentencing guidelines and initiatives to reintegrate offenders into the community. Feeling that federal authorities were not prosecuting the crimes that plagued their province, the citizens of Guerrero strongly supported this extra-legal arrangement, and engaged in massive protests when the central government tried to suppress it. Several of the authors examine how the perceived legitimacy of the police and courts varies across social groups. Graziella Da Silva, Ignacio Cano, and Hugo Frühling show that attitudes toward the police vary greatly across social classes in harshly unequal societies like Brazil and Chile. And many of the authors find that ethnic minorities often display greater distrust toward the police, and perceive themselves to be targets of police discrimination. Indeed, Hans-Jöerg Albrecht finds evidence of bias in arrests of the foreign born in Germany, which has fueled discontent among Berlin's Turkish youth. Sophie Body-Gendrot points out that mutual hostility between police and minority communities can lead to large-scale violence, as the Parisian banlieu riots underscored. The case studies presented in this important new book show that fostering cooperation between law enforcement and communities requires the former to pay careful attention to the needs and attitudes of the latter. Forging a new field of comparative research, Legitimacy and Criminal Justice brings to light many of the reasons the law's representatives succeed—or fail—in winning citizens' hearts and minds. A Volume in the Russell Sage Foundation Series on Trust
Author: Justice Tankebe Publisher: OUP Oxford ISBN: 9780198701996 Category : Law Languages : en Pages : 0
Book Description
Brings together internationally renowned scholars from a range of disciplines, including criminology, international relations, sociology and political science, to examine the meaning of legitimacy and the implications for its future empirical analysis in the context of criminal justice.
Author: Richard H. Fallon Publisher: Harvard University Press ISBN: 0674975812 Category : Law Languages : en Pages : 237
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: Thomas Christiano Publisher: OUP Oxford ISBN: 0191613916 Category : Political Science Languages : en Pages : 320
Book Description
What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
Author: Emanuela Ceva
Author: Emanuela Ceva
Author: Roy L. Brooks
Author: Emanuela Ceva
Author: Benjamin Veghte
Author: Anna Elisabetta Galeotti
Author: D. Ramona Bobocel
Author: Tom R. Tyler
Author: Justice Tankebe
Author: Richard H. Fallon
Author: Thomas Christiano