The objective of this study is twofold: to examine the patterns that govern social reporting with reference to an Islamic framework and to identify the moral legitimacy factors that influence them. We select 146 publicly listed Sharia‐compliant companies and classify the disclosures in their annual reports according to an Islamic framework that categorises items as either Required, Expected or Desired to indicate the degree of importance each item carries from an Islamic perspective. Based on this framework, we then analyse (...) moral legitimacy factors, specifically the type of Sharia screening body and the proportion of Muslims in the population, that may influence the prioritisation of the different categories of social reporting. We find that disclosures that fall into the Required category of our framework—especially those that relate to companies’ involvement in “haram” activities (activities not permissible in Islam)—are still few among the companies studied. Our research also reveals that both moral legitimacy factors under investigation influence the three categories of social reporting, although in different ways. This research contributes to the existing literature by empirically examining how organisations prioritise their disclosure of virtues and the moral legitimacy factors that influence that prioritisation. (shrink)

Some contemporary paternalists argue in favor of government interventions based on how experimental psychologists and behavioral economists have found that our behavior often diverges from what would be predicted by rational-choice models. In this article it is argued that these findings can, more specifically, be used to identify decisional trouble spots where paternalist interventions may be legitimate. It is further argued that since the epistemic legitimacy of government paternalism ultimately rests on centralized decision-making having a comparative advantage, it also (...) depends on the possibility of such interventions being governed by an ideal of evidence-based policy-making. The article asks how stringently this requirement should be understood, and to what extent government can legitimately engage in what might be called experimental policy-making of a paternalistic character. (shrink)

The authors articulate a global public standard for the normative legitimacy of global governance institutions. This standard can provide the basis for principled criticism of global governance institutions and guide reform efforts in circumstances in which people disagree deeply about the demands of global justice and the role that global governance institutions should play in meeting them.

The Arab Spring uprisings that led to the downfall of erstwhile authoritarian regimes in Egypt, Tunisia and Libya heralded the end of a state system introduced into the Middle East and North Africa by imperialist powers after the First World War. Characterized by an authoritarian model of modernization and secularization from above, these regimes are challenged by the rise of political Islam and its ideology of a transnational ‘ummah’. Islamist parties that have come to power in Egypt and Tunisia, (...) however, have proven remarkably unsuccessful in stabilizing governments and writing new constitutions. Are democracy and a religious revival compatible? What will replace the spent legitimacy of these regimes across the region? The legitimation crises of the Arab world have transnational dimensions as well as being influenced by the politics and attitudes of diasporic populations in Europe who need to contend with a different model of church–state relations referred to as ‘the Protestant model of religion’. Contemporary Turkey, which was often pointed to as a successful model of the synthesis of Islam with a pluralist representative democracy, is itself in the throes of another legitimation crisis in the aftermath of the Gezi Park protests which took place in the summer of 2013. What does all this bode for the region? (shrink)

In a recent article Allan Buchanan and Robert Keohane defend the view that one of the necessary conditions for the legitimacy of global governance institutions such as the WTO and the IMF is that they respect basic human rights. I certainly agree that setting the minimal threshold of moral acceptability any lower would be entirely unreasonable. But, unfortunately, the view that global governance institutions have human rights obligations is far from uncontroversial. These institutions themselves go to great lengths to (...) deny such a claim. Their official stance finds strong normative support in the state-centric conception of human rights that dominates both normative debates about human rights and current human rights practice. In this article I challenge some of the normative assumptions behind the state-centric conception in order to defend a pluralist conception that ascribes human rights obligations not only to states but also to non-state actors such as global governance institutions. After briefly analyzing some of the proposals currently under discussion about how to legally entrench the obligation to respect human rights in those institutions, I will defend the feasibility of those proposals against the objection that their implementation is incompatible with the current state-system and thus it would require the creation of a world state. (shrink)

The ‘rise’ and ‘decline’ refer to the rationale behind Islamic attractiveness and its rejection. What I intend to write is a narrative based on theoretical intuitions and empirical facts very different from Olivier Roy’s thesis on the ‘failure’ of political Islam (1992) and Asef Bayat’s post-Islamism (1996). My theoretical intuition is that political Islam has for years at best taken advantage of a long-term series of failures. First, there is the failure of modernization, of secularity and of national (...) ideology. Islamist movements transformed this kind of ‘negative legitimacy’ into an electoral success. This is the case with En-Nahdha in Tunisia. Second, however, this electoral legitimacy was rapidly eroded. Third, post-Islamist expectations were not met: political Islam with its radicalism was not cut off and did not digest jihadism and terrorism. It is still worked out by a double-handed attempt: a neo-authoritarian politics and a religious anti-liberal zeal. Now, this project is failing, not because political Islam entered into a ‘post-Islamist’ area but thanks to a strong and heroic resistance of secular civil society. (shrink)

This article examines the ideas of three contemporary Muslim reformists, namely Abdolkarim Soroush, Nasr Hamid Abu Zayd, and Muhammad Mujtahed Shabestari, concerning the relationship between democracy and the Islamic principle of shura. The article aims to demonstrate how the theological-philosophical approaches of these scholars—particularly with respect to their methods of interpreting the Qurʾan and the distinctions they draw between the pre-modern and modern worldview—have contributed to the rise of a political discourse which seeks to understand concepts such as shura and (...) democracy within their own specific epistemological and cultural contexts. This political discourse, as the article argues, supports democracy without any narrow religious justification and promotes a form of government whose legitimacy is not based on religious sources or authority, and thus is neutral towards different religions and their followers. (shrink)

In this paper, two claims are made. The main claim is that a fruitful approach for theorizing the political legitimacy of global governance and the proper normative role of civil society actors is the so-called ‘function-sensitive’ approach. The underlying idea of this approach is that the demands of legitimacy may vary depending on function and the relationship between functions. Within this function-sensitive framework, six functions in global governance are analyzed and six principles of legitimacy defended, together constituting (...) a minimalist account of political legitimacy. This account suggests that civil society actors may strengthen political legitimacy by performing five of these functions under certain conditions and insofar as the proposed normative political principles are fulfilled: problem identification, agenda-setting, implementation, enforcement and monitoring, and evaluation. The second claim is critical and is chiselled out against the backdrop of this function-sensitive account, through which I demonstrate that much vagueness and confusion with regard to the proper role of civil society actors for strengthening the political legitimacy of global governance could be traced to the so-called ‘transmission belt’ model, which has gained popularity in international political theory. This model depicts civil society as a transmission belt between the public sphere and decision-making loci, where it is assumed that civil society actors contribute to the strengthening of political legitimacy by transmitting peoples’ preferences, beliefs, and opinions from the former to the latter space by indirectly or directly influencing the decision-making. It is argued that this picture is misleading and generates erroneous prescriptions of how civil society actors should act to increase political legitimacy. (shrink)

Globalization arguably generated a governance gap that is being filled by transnational rule-making involving private actors among others. The democratic legitimacy of such new forms of governance beyond nation states is sometimes questioned. Apart from nation-centered democracies, such governance cannot build, for example, on representation and voting procedures to convey legitimacy to the generated rules. Instead, alternative elements of democracy such as deliberation and inclusion require discussion to assess new instruments of governance. The recently published standard ISO 26000 (...) is an interesting example of transnational governance. ISO 26000 was developed in a lengthy multiorganizational process for the purpose of giving guidance on the social responsibility of organizations. By assessing the specific case of ISO 26000, this study sheds light on the question of how legitimacy beyond nation-state democracy is ensured or constricted. Centering on the idea of deliberate democracy and democratic legitimacy, the study offers in-depth insights on the normative legitimacy of the development process of ISO 26000. Positioned on the interface of business studies and public policy, this article contributes to the academic literature on transnational governance and on the role of multistakeholder processes in shaping the role of business in society. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...) at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (shrink)

Shi‘i Islam is often considered to be political per se because of its emergence historically as a movement with a strong position on authority and legitimacy in governance. This piece demonstrates how the politics of salvation in the tradition tie together one’s loyalty to the divine person of the Imam to one’s final destination, and how that relationship is complicated in the physical absence of the Imam. Such a politics guards against a sacralisation of everyday politics and recognises (...) that sanctity arises from the person of the Imam and not the office of his delegate. (shrink)

This dissertation applies the method of Platonic recollection to the legitimacy of political power: the reason for it, what distinguishes political power from other kinds of power, the sovereign's right to political power, and the scope of the sovereign's authority. My aim is to disclose the subject in its essential, intrinsic determinations. ;I begin with an historical situation in which a crisis of legitimacy precipitated by disagreements over the kind of warrant that is necessary and sufficient to establish (...) a particular sovereign's authority motivated philosophical reflection on the legitimacy of political power. One faction insisted that sovereigns only acquire de jure legitimacy by legitimate succession. A second faction asserted that subjects have a moral obligation of allegiance to any sovereign who can impose order. A third faction argued that a government whose legitimacy rests on the consent of the people has legitimacy on de jure grounds. I develop the consequences of opposed assumptions behind these opinions with a view to combining the truths expressed in them in an account of political power. ;This dissertation focuses on Locke's opinion that consensus populi is the only effective principle for establishing the power of those that govern and determining the obedience of subjects. The question is, What condition must a consensus populi fulfill to provide a reason sufficient to legitimize a sovereign's de facto authority? A people associated through a consensus which is a unifying cause of a body politic has the right to form a political association and establish a government to preserve it. A consensus populi which expresses the common element that reconstitutes a multitude into a political community is a unifying cause of a body politic. People who have become conscious of being related by a common will to bring about in human affairs a true conception of justice have in their consensus an authoritative consensus populi. ;I argue that Locke gives an apologia for a political community formed from an authoritative consensus populi, and thus leads philosophers to a genuine insight into the legitimacy of political power. (shrink)

Although the concept of “AI governance” is frequently used in the debate, it is still rather undertheorized. Often it seems to refer to the mechanisms and structures needed to avoid “bad” outcomes and achieve “good” outcomes with regard to the ethical problems artificial intelligence is thought to actualize. In this article we argue that, although this outcome-focused view captures one important aspect of “good governance,” its emphasis on effects runs the risk of overlooking important procedural aspects of good AI governance. (...) One of the most important properties of good AI governance is political legitimacy. Starting out from the assumptions that AI governance should be seen as global in scope and that political legitimacy requires at least a democratic minimum, this article has a twofold aim: to develop a theoretical framework for theorizing the political legitimacy of global AI governance, and to demonstrate how it can be used as a compass for critially assessing the legitimacy of actual instances of global AI governance. Elaborating on a distinction between “governance by AI” and “governance of AI” in relation to different kinds of authority and different kinds of decision-making leads us to the conclusions that much of the existing global AI governance lacks important properties necessary for political legitimacy, and that political legitimacy would be negatively impacted if we handed over certain forms of decision-making to artificial intelligence systems. (shrink)

Abstract. Global bioethics governance is a necessity in the era of globalization, yet the research on this issue is inadequate and underdeveloped. This research project argues that introducing global bioethics governance may deal effectively with the health crisis of migrants. Since immigrants are the minority in a new country, thus, one of the moral questions regarding this issue reflects on how to ensure health justice for this population. Health crisis issues arise in a multicultural society, which is often problematic to (...) deal with from a pluralistic standpoint. Unlike traditional ethics, bioethics demands taking action, thus, developing global bioethics governance should be addressed seriously to combat the health crisis of immigrants and climate migrants. (shrink)

Global governance, central to international rule-making, is rapidly evolving; thus, there is a need for a way to evaluate whether institutions have the capacity to address the problems of the contemporary era. Current methods of evaluating the democratic quality of contemporary governance are closely linked to legitimacy, about which there are competing definitional theories. This article uses a theoretical approach based around “new“ governance and the environmental policy arena to argue that contemporary governance is best understood as social-political interaction (...) built on “participation as structure“ and “deliberation as process“, with the level of interaction ultimately determining legitimacy. It presents a new arrangement of the accepted attributes of “good“ governance using a set of principles, criteria and indicators, and relates these to the structures and processes of governance. The implications and application of the analytical framework are also discussed. (shrink)

Synergetic governance is a practical approach to ensure quality in the teaching-learning process at multi-dimensional perspectives. This study intends to explore the potential of a synergetic governance approach in the vocational education system. A systematic literature review has been done by applying the PRISMA approach. The last 21 years' literature has been analyzed, and a synergetic governance model has been developed. This study reveals that the synergetic governance of education deals with integrating all available resources to enhance development by meeting (...) the demands of market, society, and nation as a new paradigm. An effective vocational education system requires the participation of all related stakeholders in the governance system. This study has developed an “intervention-approach-synergy-integration” mechanism to show how the education elements are connected to each other. The study reveals that the major synergetic elements are openness, equilibrium, dynamism and cooperation. To ensure synergetic governance, these elements should be integrated with an educational institution, market, public, society, state and private organization. It argues that the synergetic governance of these related components can reduce the demand and supply gap of quality vocational graduates in the industry – academy sectors. This study recommends incorporating multi-subjects' synergetic governance to expedite the marketable quality of vocational education. (shrink)

In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the (...) constitution of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

Recent studies highlight the need for ethical and equitable digital health research that protects the rights and interests of racialized communities. We argue for practices in digital health that promote data self-determination for these communities, especially in data collection and management. We suggest that researchers partner with racialized communities to curate data that reflects their wellness understandings and health priorities, and respects their consent over data use for policy and other outcomes. These data governance approach honors and builds on Indigenous (...) Data Sovereignty (IDS) decolonial scholarship by Indigenous and non-indigenous researchers and its adaptations to health research involving racialized communities from former European colonies in the global South. We discuss strategies to practice equity, diversity, inclusion, accessibility and decolonization (EDIAD) principles in digital health. We draw upon and adapt the concept of Precision Health Equity (PHE) to emphasize models of data sharing that are co-defined by racialized communities and researchers, and stress their shared governance and stewardship of data that is generated from digital health research. This paper contributes to an emerging research on equity issues in digital health and reducing health, institutional, and technological disparities. It also promotes the self-determination of racialized peoples through ethical data management. (shrink)

Islamic religious norms are important for Islamic bioethical deliberations. In Muslim societies religious and cultural norms are sometimes confused but only the former are considered inviolable. I argue that respect for Islamic religious norms is essential for the legitimacy of bioethical standards in the Muslim context. I attribute the legitimating power of these norms, in addition to their purely religious and spiritual underpinnings, to their moral, legal, and communal dimensions. Although diversity within the Islamic ethical tradition defies any reductionist (...) or essentialist reconstruction, legitimacy is secured mainly by approximation of Islamic ethical ideals believed to be inherent in the scriptural texts, rather than by the adoption of particular dogmatic or creedal views. With these characteristics, Islamic (bio) ethics may provide useful insights for comparative ethics and global bioethics. (shrink)

The main purpose of this study was to determine the accumulation of the tradition of political texts (Siyasatnāma) in the context of freedom of expression and to discuss the potential of creating new perspectives accordingly. One of the most important criticisms of modernity towards traditional structures is the claim that people are subjected to many limitations on social, cultural and religious grounds. This criticism, which mainly focuses on limiting the freedom of action, also comes across as preventing the expression of (...) thoughts. While traditional understandings had such an approach, they aimed not only to preserve or strengthen the position of a particular authority, but also to prevent problems that may arise from an individual and social point of view. However, it is not possible to say that these thoughts always remain true to the stated intention. In this context, considering traditional understandings with their historical contexts should not only aim to gain an intellectual knowledge about a certain period or civilization. The main goal should be to evaluate the accumulated knowledge critically and to achieve meaningful results from this field. While determining the framework of the study, it was thought that reading through the political texts would provide such an opportunity. The study focused primarily on the intellectual infrastructure of freedom of expression and, accordingly, included general assessments of the issue in political texts and touched on the concept of authority, which is of great importance for determining the scope of freedom. In particular, it is emphasized on which power the administrators, who are at the head of the administrative power, base their authority on and from which principles the boundaries of this should be determined. It is seen that the political texts related to political life, oriented to ideal principles and taking into account reality, contain important assessments of the source of authority in terms of creating a ground of legitimacy or making sense of the existing situation. When evaluating the issue, it is highly evident that politicians point out that the main purpose of the existence and use of authority is the idea of order. In this context, what kind of precautions have to be taken in case of violation of the determined borders to maintain order is one of the most important issues of the policy books. Among these precautions, the idea of limiting all freedoms, especially freedom of expression, has an important place. The article also points out the possible contributions of the suggestions made in this context to the reactions that may arise in different political and social situations. At the beginning of the mentioned contributions, there are assessments on overcoming an obstacle that causes rulers not to perceive some facts adequately. This creates a serious obstacle to a healthy communication with different layers of society, and can be expressed as a masking effect. One of the main issues that the article focuses on is the suggestions of politicians on how to use the freedom of expression of the broad masses that make up the body of society. These suggestions state that the governed also have responsibilities at the point of determining the framework of the dialectical relationship between the different dimensions of the social structure. The social understandings that developed in the post-modern world have a nature that puts the individual in the foreground much more than traditional approaches. This may have produced positive effects to some extent. However, it seems that a serious erosion in the culture of people’s coexistence occurred on this occasion. The problematic use of freedom in general and freedom of expression in particular may be one reason for this. From the point of view of the states that are the highest social structures, it can also be said that these problems are increasing day by day. Therefore, the medium-term result of the desire to ensure individual freedoms may sometimes appear as chaos, and the long-term result may appear as the emergence of a more authoritarian structure again. In fact, these authoritarianism tendencies can gain strength by being based on reasonable grounds, such as misuse of freedoms of expression. It should be noted that to overcome these problems, political texts can help to prevent major social breakdowns by providing important alternatives to the disinterest which was created by the modern era. In this context, the study also touches on the conditions under which freedom of expression can be restricted according to political statements. (shrink)

This essay illustrates the kind of moral analysis Jeffrey Stout advocates in "Democracy and Tradition" by way of examining a conversation among Muslims that took place between June and December 2002. Their debate centers on al-Qaìda's legitimacy as God's chosen defender of Islam, which is called into question due to the tension between al-Qaìda's military tactics and the concepts of honorable combat held within the Islamic tradition. This giving and taking of reasons in both defense and detraction of (...) al-Qaìda's tactics demonstrates the living reality of Islamic tradition--the ongoing process of striving to discern God's will in light of communal agreements about the authority of certain texts and the validity of established rules for interpreting them. (shrink)

Democratic legitimacy is rarely associated with private governance. After all, private actors are not legitimized through elections by a demos. Instead of abandoning democratic principles when entering the private sphere of governance, however, this article argues in favour of employing alternative criteria of democracy in assessments. Specifically, this article uses the criteria of participation, transparency and accountability to evaluate the democratic legitimacy of private food retail governance institutions. It pursues this evaluation of the democratic legitimacy of these (...) institutions against the background of their ambivalent impact on the sustainability of the global agrifood system. The paper refers to a range of cases of private retail standards with different governance structures and substantial foci to illustrate its argument. (shrink)

The algorithmic accountability literature to date has primarily focused on procedural tools to govern automated decision-making systems. That prescriptive literature elides a fundamentally empirical question: whether and under what circumstances, if any, is the use of algorithmic systems to make public policy decisions perceived as legitimate? The present study begins to answer this question. Using factorial vignette survey methodology, we explore the relative importance of the type of decision, the procedural governance, the input data used, and outcome errors on perceptions (...) of the legitimacy of algorithmic public policy decisions as compared to similar human decisions. Among other findings, we find that the type of decision—low importance versus high importance—impacts the perceived legitimacy of automated decisions. We find that human governance of algorithmic systems increases perceptions of the legitimacy of algorithmic decision-making systems, even when those decisions are likely to result in significant errors. Notably, we also find the penalty to perceived legitimacy is greater when human decision-makers make mistakes than when algorithmic systems make the same errors. The positive impact on perceived legitimacy from governance—such as human-in-the-loop—is greatest for highly pivotal decisions such as parole, policing, and healthcare. After discussing the study’s limitations, we outline avenues for future research. (shrink)

Legal positivism dominates in the debate between it and natural law, but close attention to the work of Thomas Hobbes -- the "founder" of the positivist tradition -- reveals a version of anti-positivism with the potential to change the contours of that debate. Hobbes's account of law ties law to legitimacy through the legal constraints of the rule of law. Legal order is essential to maintaining the order of civil society; and the institutions of legal order are structured in (...) such a way that government in accordance with the rule of law is intrinsically legitimate. I focus on Hobbes's neglected catalogue of the laws of nature. Only the first group gets much attention. Its function is to facilitate exit from the state of nature, an exit which Hobbes seems to make impossible. The second group sets out the moral psychology of both legislators and subjects necessary to sustain a properly functioning legal order. The third sets out the formal institutional requirements of such an order. The second and third groups show Hobbes not concerned with solving an insoluble problem of exit from the state of nature but with the construction of legitimate order. Because a sovereign is by definition one who governs through law, Hobbes's absolutism is constrained. Government in accordance with the rule of law is government subject to the moral constraints of the institutions of legal order. (shrink)

In a globalizing world, governments are not always able or willing to regulate the social and environmental externalities of global business activities. Multi-stakeholder initiatives (MSI), defined as global institutions involving mainly corporations and civil society organizations, are one type of regulatory mechanism that tries to fill this gap by issuing soft law regulation. This conceptual paper examines the conditions of a legitimate transfer of regulatory power from traditional democratic nation-state processes to private regulatory schemes, such as MSIs. Democratic (...) class='Hi'>legitimacy is typically concerned with input legitimacy (rule credibility, or the extent to which the regulations are perceived as justified) and output legitimacy (rule effectiveness, or the extent to which the rules effectively solve the issues). In this study, we identify MSI input legitimacy criteria (inclusion, procedural fairness, consensual orientation, and transparency) and those of MSI output legitimacy (rule coverage, efficacy, and enforcement), and discuss their implications for MSI democratic legitimacy. (shrink)

Decision-makers in governments, enterprises, businesses and agencies or individuals, typically, make decisions according to various regulations, guidelines and policies based on existing records stored in various databases, in particular, relational databases. To assist decision-makers, an expert system, encompasses interactive computer-based systems or subsystems to support the decision-making process. Typically, most expert systems are built on top of transaction systems, databases, and data models and restricted in decision-making to the analysis, processing and presenting data and information, and they do not (...) provide support for the normative layer. This paper will provide a solution to one specific problem that arises from this situation, namely the lack of tool/mechanism to demonstrate how an expert system is well-suited for supporting decision-making activities drawn from existing records and relevant legal requirements aligned existing records stored in various databases.We present a Rule-based reporting systems architecture, which is intended to integrate databases, in particular, relational databases, with a logic-based reasoner and rule engine to assist in decision-making or create reports according to legal norms. We argue that the resulting RuleRS provides an efficient and flexible solution to the problem at hand using defeasible inference. To this end, we have also conducted empirical evaluations of RuleRS performance. (shrink)

In the face of limited time and escalating impacts, some scientists and politicians are talking about attempting "grand technological interventions" into the Earth’s basic physical and biological systems ("geoengineering") to combat global warming. Early ideas include spraying particles into the stratosphere to block some incoming sunlight, or "enhancing" natural biological systems to withdraw carbon dioxide from the atmosphere at a higher rate. Such technologies are highly speculative and scientific development of them has barely begun. -/- Nevertheless, it is widely recognized (...) that geoengineering raises critical questions about who will control planetary interventions, and what responsibilities they will have. Central to these questions are issues of justice and political legitimacy. For instance, while some claim that climate risks are so severe that geoengineering must be attempted, others insist that the current global order is so unjust that interventions are highly likely to be illegitimate and exacerbate injustice. Such concerns are rarely discussed in the policy arena in any depth, or with academic rigor. Hence, this book gathers contributions from leading voices and rising stars in political philosophy to respond. It is essential reading for anyone puzzled about how geoengineering might promote or thwart the ends of justice in a dramatically changing world. (shrink)

The biofuel boom is placing enormous demands on existing cropping systems, with the most crucial consequences in the agri-food sector. The biofuel industry is responding by initiating private governance and certification. The Roundtable on Sustainable Palm Oil (RSPO) and the Cramer Commission, among others, have formulated criteria on “sustainable” biofuel production and processing. This article explores the legitimacy of private governance and certification by the biofuel industry, highlighting opportunities and challenges. It argues that the concept of output based (...) class='Hi'>legitimacy is problematic in the case of biofuel as long as no consensus or commonly agreed “best” solution has been established on what sustainable biofuel production is. Furthermore, it shows that the private governance initiatives analyzed fail to adequately include actors from developing countries. Finally, the article argues that we need mechanisms for control and accountability in order to guarantee that the political output of biofuel certification serves the common welfare. (shrink)

This chapter examines the philosophical consideration of different forms of government in eighteenth-century Britain. It begins by considering the British constitutional settlement in the wake of the Glorious Revolution and the Union of Parliaments. Taking on board Voltaire and Montesquieu’s praise of the beneficial effects of the settlement, the chapter will examine how British philosophers came to understand the nature of the British constitution. A major theme will be the gradual move away from contract theories of legitimacy and republican (...) notions of citizenship and towards utilitarian calculations of the beneficial social and economic effects of political stability. This becomes particularly apparent in the increasing desire to apply ‘science’ to the understanding of political order. (shrink)

This book covers key discussions involving major US and European multinational companies (MNCs) that source products from suppliers in developing countries. Due to the transfer of production from developed to developing nations, there is an urgent need to establish social compliance as a new form of Corporate Social Responsibility (CSR) and a means by which MNCs can meet expected social standards. The cases described are internationally relevant and can be seen to reflect or represent the behavior of many MNCs and (...) their suppliers in developing nations. The discussion offers essential insights into how different levels of social compliance risk and pressure (including broader stakeholder concerns) move managers to adopt or embrace particular social compliance accounting, reporting and auditing strategies. The book will help readers to understand the major concerns, challenges and dilemmas faced by management in the supply chains of MNCs, and proposes measures that can be taken to resolve those dilemmas. Most importantly, it develops a systematic method of assessing the social compliance performance of suppliers to MNCs. This includes highly detailed accounts of the social compliance performance of suppliers within the clothing industry (in a developing nation) that supply goods to the extensive US and European markets. The book offers a valuable guide, not only for corporate managers but also for practitioners, researchers, academics, and undergraduate and postgraduate business students. (shrink)

Background The consistency of codes governing disclosure of terminal illness to patients and families in Islamic countries has not been studied until now. Objectives To review available codes on disclosure of terminal illness in Islamic countries. Data source and extraction Data were extracted through searches on Google and PubMed. Codes related to disclosure of terminal illness to patients or families were abstracted, and then classified independently by the three authors. Data synthesis Codes for 14 Islamic countries were located. Five codes (...) were silent regarding informing the patient, seven allowed concealment, one mandated disclosure and one prohibited disclosure. Five codes were silent regarding informing the family, four allowed disclosure and five mandated/recommended disclosure. The Islamic Organization for Medical Sciences code was silent on both issues. Conclusion Codes regarding disclosure of terminal illness to patients and families differed markedly among Islamic countries. They were silent in one-third of the codes, and tended to favour a paternalistic/utilitarian, family-centred approach over an autonomous, patient-centred approach. (shrink)

As the world moves into the 21st century, business managers face new and daunting challenges to their legitimacy. Those who run the world’s 72,0000 multinational firms and their 828,000 subsidiaries face special difficulties.1 These firms constitute a global economy that has produced much that is useful, including wondrous technologies and great wealth for many. Nevertheless, one in five of the world’s six billion people lives in extreme poverty, surviving on less than $1 a day. Half the world lives on (...) less than $2. In spite of roughly $1 trillion that has been spent to fight poverty around the globe in the last 50 years and vastly increased trade and investment, most people in Latin America, the Middle East and Central Asia are poorer today than they were ten years ago, and most Africans were better off 40 years ago.2 Environmental degradation increases, as do disease and violations of human rights. Unreasonable as it may be to blame business for the world’s ills, the blame sticks, because the ills — like multinationals — transcend national boundaries and are in many ways beyond the power of existing governments to affect. And global government has yet to evolve. Furthermore, the governments of many countries lack either the will or the ability to reduce poverty within their jurisdictions, meaning that if MNCs do not do it, it won’t be done.3 In addition to the undesirable costs of the globalisation they have helped to create, managers are concerned also with the greed, crime and scandal in their own ranks. So it is appropriate to help them inspect the assumptions that have been used to justify their power and authority, and to consider whether those assumptions need renovation. This I shall do in Part I of this essay. In Part II I shall seek a historical perspective, because in many ways the criticism of business and globalisation today echoes the debate in the 1930s about which economic system was best, communism, socialism or capitalism. Capitalism, we suppose, has won, but if so, what is it? Is it the same everywhere — in China, Japan, Europe, Mexico, the United States, and elsewhere? If not, is the very word not misleading? (shrink)

The use of Genetic Modification in food is the subject of deep political disagreement. Much of the disagreement involves different perceptions of the kinds of risks posed by pursuing GM food, and how these are to be tolerated and regulated. As a result, a primary institutional site of GM food politics is regulatory agencies tasked with risk assessment and regulation. Locating GM food politics in administrative areas of governance regimes produces unique challenges of democratic legitimacy, conventionally secured through legislative (...) channels. In particular, debate over the ends of a society’s policy on GM food inevitably continues in these institutional locations, despite conventional instrumental understandings of administrative legitimacy resting on effective application of ‘ends-means’ norms. This paper assesses the two major regulatory frameworks currently applied to GM food—the ‘precautious’ and ‘proof of harm’ approaches—and presents their respective limits in securing the procedural and substantive dimensions of the legitimacy of administrative deference in democratic societies. On the basis of these criticisms, a synthesized and emergent approach—‘experiential precaution’—is presented as having the resources to deepen the legitimacy of risk governance institutions in the case of GM food. It is characterized by deepened participatory practices of negotiated rulemaking and inclusion of further substantive requirements in approval criteria. (shrink)

This study examines the role of both religion and culture [as measured by the cultural clusters of countries in the GLOBE study of House et al. (Culture, Leadership, and Organizations: The GLOBE Study of 62 Societies, 2004)] on the levels of perceived corruption. Covering the period from 2000 to 2010, the study uses three different measures of perceived corruption: (1) the World Bank’s Control of Corruption measure, (2) Transparency International’s Corruption Perceptions Index, and (3) Heritage Foundation’s Freedom from Corruption Index. (...) A system of three simultaneous equations is used, with the jointly endogenous variables being (a) perceived corruption, (b) perceived government legitimacy, and (c) perceived government effectiveness. The results show that both cultural and religious differences are incrementally related to perceived corruption, even after controlling for other economic and political factors. Specifically, relative to the Protestant Christian religion, the non-Protestant Christian religion, the Islamic religion, and Other Religion/no Religion are positively associated with higher corruption (or negatively with anti-corruption), but the Buddhist and Hindu religions appear to be not significantly different from the Protestant Christian religion. On the cultural side, compared to the Anglo-Saxon cultural tradition, the other European clusters are incrementally positively associated with higher corruption, but this tendency is offset by more effective political governance, thus leading in the case of the German and Nordic cultures to levels of corruption not statistically different from the Anglo cluster. All the non-European cultural clusters are associated with significantly higher corruption tendencies, but the overall effect is mitigated partially by either greater perceived political legitimacy (Latin-American, Middle-Eastern, Caribbean, and Pacific Islander), or greater political effectiveness (Confucian and South-East Asian). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Just and Unjust Peace: An Ethic of Political Reconciliation by Daniel PhilpottGlen StassenJust and Unjust Peace: An Ethic of Political Reconciliation Daniel Philpott New York: Oxford University Press, 2012. 365pp. $29.95Just and Unjust Peace deals with an important question: What does a holistic framework of justice consist of in the wake of its massive despoliation? The wounds of political injustice include the following: violation of the victim’s human (...) rights, harms to the victim’s person, the victim’s ignorance of the source and circumstances of political injustices, the lack of acknowledgment of the suffering, the standing victory of the wrongdoer’s political injustice, and harm to the person of the wrongdoer. In such situations, Philpott argues, “what the government and community withhold is... an acknowledgment not only that a victim has rights but also that his rights were violated and that he suffered because of this violation” (37).The definition of justice in this context of wounds is reconciliation. It “encompasses peace settlements, human rights, democracy, and other key goals of negative and positive peace [as well as]... a broad restoration of right relationship involving a multiplicity of practices that each redress wounds of injustice in a particular way” (48–49).Daniel Philpott affirms peace as human rights, equality, and the rule of law, plus actors and institutions like the United Nations that spread this justice. He presents a fair summary of contending positions on human rights and works to develop overlapping agreement. “What is most essential to right relationship in the political order is human rights, their popular legitimacy, and their corresponding virtues” (55). But also, “It is in redressing wrong conduct—the other dimension of justice—that political reconciliation becomes far more distinctive” (55). This requires a deeper understanding of just peacemaking with restorative justice based in Judaism, Christianity, and Islam, and in insightful assessment of the burgeoning practices of truth commissions and restorative justice in the transitions from dictatorship to democracy.Philpott’s “rooted reason” invites different religions to speak from their depths but also encourages them to speak with reasons that can convince in public discourse (18, 20). Envisioning the incorporation of reconciliation into the modern state “is the life’s work of Rabbi Marc Gopin. In today’s Middle East, [End Page 211] Gopin argues, Jews as well as Christians and Muslims cannot afford to ignore the peacebuilding potential of traditional religious concepts” (132). Philpott also exhibits sensitive understanding of Islam, asking, “Do Islamic texts and traditions contain the materials for the construction of the ethic of political reconciliation that I am proposing? Can Muslims, on the basis of their religious convictions, join in an overlapping consensus on such an ethic?” His answer is a clear yes (153).He identifies and assesses six practices of a politics of reconciliation. The first involves building socially just institutions and relations between states: “Since 1974, some ninety societies... have sought to replace dictatorships with democracies.... A similarly intense global wave of peace operations sponsored by the United Nations... has sought to foster human rights and democratic institutions in states that have seen civil war” (175–76). The second has to do with the practices of political acknowledgment of wrongs: “Human rights are the standard that gives truth commissions and other public forms of acknowledgment form and direction” (188). The third pertains to reparations, with attention to the ongoing effects of historical injustices for descendants (195 and 201). The fourth addresses judicial punishment: “In practicing judicial punishment, a state redresses the violation of the victim’s rights insofar as it expresses, reaffirms, and thereby strengthens human rights as the legally valid values of its realm or of relations between it and another state” (237). The fifth is apology: “Like all of the other practices, apologies performed in political contexts have grown in frequency” (198). Finally, there is forgiveness. “Political injustices harm victims by robbing them of their agency and of their ability to pursue their own and others’ flourishing.... Forgiveness... re-empowers the victim as agent... [and liberates] from anger and resentment” and can also lead to recognition of the victim’s suffering, and to mutual respect for human rights (266–68... (shrink)

Patricia Crone's _God's Rule_ is a fundamental reconstruction and analysis of Islamic political thought focusing on its intellectual development during the six centuries from the rise of Islam to the Mongol invasions. Based on a wide variety of primary sources--including some not previously considered from the point of view of political thought--this is the first book to examine the medieval Muslim answers to questions crucial to any Western understanding of Middle Eastern politics today, such as why states are necessary, (...) what functions they are meant to fulfill, and whether or why they must be based on religious law. The character of Muslim political thought differs fundamentally from its counterpart in the West. The Christian West started with the conviction that truth (both cognitive and moral) and political power belonged to separate spheres. Ultimately, both power and truth originated with God, but they had distinct historical trajectories and regulated different aspects of life. The Muslims started with the opposite conviction: truth and power appeared at the same time in history and regulated the same aspects of life. In medieval Europe, the disagreement over the relationship between religious authority and political power took the form of a protracted controversy regarding the roles of church and state. In the medieval Middle East, religious authority and political power were embedded in a single, divinely sanctioned Islamic community--a congregation and state made one. The disagreement, therefore, took the form of a protracted controversy over the nature and function of the leadership of Islam itself. Crone makes Islamic political thought accessible by relating it to the contexts in which it was formulated, analyzing it in terms familiar to today's reader, and, where possible, comparing it with medieval European and modern political thought. By examining the ideological point of departure for medieval Islamic political thought, Crone provides an invaluable foundation for a better understanding of contemporary Middle Eastern politics and current world events. (shrink)

With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues ...

Public legitimacy consists of beliefs among the mass public that an international court has the right to exercise authority in a certain domain. If publics strongly support such authority, it may be more difficult for governments to undermine an international court that takes controversial decisions. However, early studies found that while a majority of the public trusts international courts, this was based on weak attitudes derivative from more general legal values and support for the international institutions. I reexamine (...) these claims with data for European courts, the International Criminal Court, and the International Court of Justice. First, using Google search data and media-analysis I find that, at least in Europe, information-seeking about international courts has increased and is at similar levels to national high courts and prominent international institutions. Second, trust in international courts remains strongly correlated with trust in international and domestic institutions. Countries in which more individuals trust their national courts are also countries in which more individuals trust international courts. Individuals who trust their national courts more are also more trusting of international courts. This undermines at least some interpretations of the credible commitment argument: in the minds of the general public, international courts may not be substitutes for poorly performing domestic courts, but extensions of a functioning rule of law system that they already trust. (shrink)

When is industry self-regulation (ISR) a legitimate form of governance? In principle, ISR can serve the interests of participating companies, regulators and other stakeholders. However, in practice, empirical evidence shows that ISR schemes often under-perform, leading to criticism that such schemes are tantamount to firms marking their own homework. In response, this paper explains how current management theory on ISR has failed to separate the pragmatic legitimacy of ISR based on self-interested calculations, from moral legitimacy based on normative (...) approval. The paper traces three families of management theory on ISR and uses these to map the pragmatic and moral legitimacy of ISR schemes. It identifies tensions between the pragmatic and moral legitimacy of ISR schemes, which the current ISR literature does not address, and draws implications for the future theory and practice of ISR. (shrink)

China is moving from a centralized to a market economy to bring about efficiency in its economy and to form a business partnership with the West. With its reform adopting an open-door policy, there may be a need to assure its partners in the western world that appropriate steps would be taken to develop and foster a business culture with which the western countries and the Chinese businesses can work. The present study attempted to find whether there has been a (...) change in business ethical culture, accounting system and practice in the Chinese business between 1978 and the present, and the degree of similarity in the Chinese ethics and guidelines compared to Western ethics and guidelines. The result of the study has been analyzed from an institutional perspective to explore institutional change. The result showed that there is general growing support of Chinese management toward change in business ethical culture and practice. It was observed that there was not much similarity in the documents used for ethical guidance and control with those of the West. The findings of the paper are expected to be relevant to international investors and executives interested in investing or working in China. (shrink)

Firms use algorithms to make important business decisions. To date, the algorithmic accountability literature has elided a fundamentally empirical question important to business ethics and management: Under what circumstances, if any, are algorithmic decision-making systems considered legitimate? The present study begins to answer this question. Using factorial vignette survey methodology, we explore the impact of decision importance, governance, outcomes, and data inputs on perceptions of the legitimacy of algorithmic decisions made by firms. We find that many of the procedural (...) governance mechanisms in practice today, such as notices and impact statements, do not lead to algorithmic decisions being perceived as more legitimate in general, and, consistent with legitimacy theory, that algorithmic decisions with good outcomes are perceived as more legitimate than bad outcomes. Yet, robust governance, such as offering an appeal process, can create a legitimacy dividend for decisions with bad outcomes. However, when arbitrary or morally dubious factors are used to make decisions, most legitimacy dividends are erased. In other words, companies cannot overcome the legitimacy penalty of using arbitrary or morally dubious factors, such as race or the day of the week, with a good outcome or an appeal process for individuals. These findings add new perspectives to both the literature on legitimacy and policy discussions on algorithmic decision-making in firms. (shrink)