Legitimisation and Proximisation Values in the Discourse of Historic Change This methodological-critical paper belongs to the field of pragmaticcognitive discourse analysis. It develops Cap's STA model of legitimisation and investigates various mechanisms legitimising the speaker's actions in political discourse of historic change. Proximisation as the salient feature of the model adds significantly to effectiveness of the speaker's continual attempt to convince the addressee of the rightness of political steps taken. It is a powerful and coercive tool "alerting the (...) addressee [to] the proximity or imminence of phenomena which can be a ‘threat’ to the addressee" located in the deictic centre of a given event or a chain of events. The STA model accounts for the application of a three-dimensional pattern of the phenomenon in question, i.e. spatial, temporal, and axiological proximisation. However, the division does not exhaust the notion's potential, since properties of the dimensions mentioned enable us to classify them according to an extended taxonomic system in which they possess positive, negative, and neutral values. Thus, the aim of this paper is to analyse the interplay between a number of legitimisation strategies, present the positive/negative/neutral classification of proximisation, and comment on the nature of the interaction between and potency of the three dimensions and values. These can coexist within the body of one text, as well as within the body of one paragraph and their complementary character strengthens the overall goal of legitimisation providing various stimuli for the addressee to accept the speaker's stance, his decisions and actions, to comply with them, and to undertake actions intended by the speaker. (shrink)

This paper examines the strategies for the legitimisation of power in courtroom encounters. It focuses on how discourse becomes the instrument for power and control during the judicial process of witness examination in a Nigerian courtroom context. Legitimisation, as used in this study, therefore, provides more insight into how language use within an institutionalised setting becomes the locus of social interactions designed to achieve specific social goals. Critical Discourse Analysis (CDA) was adopted as the theoretical framework to undergird (...) the description and discussion of the data. The data for this study was drawn from the proceedings of two regional Election Petition Tribunals in South-western and North-eastern Nigeria in 2007 and 2011 respectively. The legal contexts provide the adversarial space for the use of discourse as power and control. The findings reveal that various legitimisation strategies such as confrontational move, circumlocution and pleading forgetfulness along with such traditional strategies as authorisation, moralisation and rationalisation are deployed by the discourse participants to legitimise and delegitimise power in this institutional setting. The paper shows that language is crucial in the judicial process and should be carefully handled so that litigants can have sufficient confidence in the process and be reassured of effective resolution to their legal matters. (shrink)

While apparently helpful concepts such as ”best interests“ appear to have the virtue of simplicity, they are really place holders for the communication, time and listening that’s required to understand what truly matters to patients and others involved in healthcare. When we know what matters to a patient, we can have confidence that we have a “legitimate” view of what’s important to them. Two papers in this issue of the Journal of Medical Ethics explore different ways in which values can (...) be legitimised and applied consistently in healthcare. When a patient can no longer say what it is that matters to them and a significant decision needs to be made, the values that will inform what should happen next need to be legitimised in some way. Common ways of doing that include proxy decision makers or advanced directives. In this issue Jacob Appel calls for the ways in which “substituted judgments” are used for patients who have previously expressed a wish to die, to …. (shrink)

The aim of this paper is to show that the legal protection of children must be recognised as a priority. The moral rights of children are fundamental rights with different degrees of generality. They not only reflect the fact that children merit justice, but are also indispensable for the promotion of justice in society in general, thus allowing other rights, including those of adults, to be safeguarded appropriately. The rule of law and its role in reducing violence go hand in (...) hand with protecting children from harm. A childhood that is free of violence is an essential prerequisite of a just society. (shrink)

Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I (...) argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information. (shrink)

One of two primary aims of this article is to advance a pragma-cognitive approach to the analysis of narrative reports used as parts of short narratives which draws on two salient theories: the Cognitive Approach proposed by Chilton (2004, 2005, 2010, 2014) and Cap's (2006, 2010, 2013, 2017) Proximisation Theory. The other equally important objective is to propose a taxonomy of covert sayers, i.e. actors whose words are reported by the current speaker (cf. Vandelanotte 2006, 2008, 2009), whose identity is (...) concealed and may be retrieved via inferences drawn on the basis of shared values and common ground. This paper essentially concentrates on sayer's utterances rendered via reported speech frames and explains their role in maintaining the aura of belonging and inclusion, as well as of dissociation and exclusion. My research assumes that reported speech frames are selected strategically as rhetorical devices to foster (de)legitimisation and image construction. The research data comprises a corpus of texts of presidential public addresses written to be delivered rather than transcripts of spoken discourse, as its purpose is to investigate the process of speech construction. (shrink)

Killing in war as a matter of course may be inferred from the fact that, as stated by Thomas Hobbes, “all laws are silent in the time of war”. Although this traditional law-suspending power of war has been restricted to a certain degree by modern humanitarian international law, it is still commonly assumed that killing in war, unless and as long as not explicitly forbidden, is per se permitted and thus does not require any further legitimisation. This is in (...) fundamental contrast to a “normal” homicide, which requires special justification to be considered lawful. This commonly unquestioned license to kill, by the mere reason of being at war, is all the more astonishing given that no legal norm can be found that positively and explicitly declares killing in war to be lawful. However, on what ground can such an unwritten privilege be based? How can it be morally justified and sufficiently legitimised? This question shall be pursued in four steps: by, first, asking whether and why killing in war, as long as it does not cross the threshold of a war crime, shall stay outside the rubric of criminal law. After not having found a satisfactory answer, it must, second, be asked whether and to what degree constitutional law could provide empowerments and restrictions of killing in war. As neither will give full answers, third, final refuge may be taken in international law, with particular attention to state sovereignty. Since even on this level, however, killing in war has not yet found convincing legitimisation, fourth, further challenges are to be met. (shrink)

Greenblum and Hubbard argue that physicians are duty-bound by the constraints of Rawlsian ‘public reason’ to avoid engaging their patients’ religious considerations in medical decision-making.1 This position offers a number of appealing benefits to physicians. It will appear plausible because Rawls’s philosophical tradition of Political Liberalism enjoys the status of ideological orthodoxy in institutions tasked with forming the moral imaginations of physicians and other elites.2 3 It casts the physician in the role of a ‘reasonable person’ occupying the space of (...) public reason whose medical and ethical judgments are opposed by ‘sectarian’ religious patients who refuse to be reasonable. This narrative authorises the exclusion of patient religious considerations from medical decision making when they do not ‘translate’ into reasons recognised by ‘reasonable’ medical professionals and manages the trauma of overwhelmed physicians by legitimising disengagement from difficult interactions with religious patients. The authors’ arguments depend on concepts from Rawls’s Political Liberalism 4 and are presented as if the premises of Liberal theory are incontestable—despite the fact that a large body of philosophical literature challenging its premises and core concepts has existed for decades.3 5–7 This ‘nothing to see here, move along’ approach saves more space for anecdotes about religious people, at which …. (shrink)

ABSTRACTThis paper analyses the discourses produced on their websites by the two organisations that conducted the official ‘leave’ and ‘remain’ campaigns in the Brexit referendum. The analysis, whi...

This paper examines the vagaries of war and peace discourse which seek to legitimise the notion of brutality over the principle of morality. In recognition of the limitlessness of brutality the just war tradition was developed to take account of the reasons for going to war and of the conduct of war. Nevertheless, the just war solution can invoke a mode of binary thinking dictating the imperative of brutality over morality during a conflict situation. Feminist scholars argue that traditional just (...) war theory is inadequate to the task to which it is directed. The political theorist Laura Sjoberg is one such scholar who attempts to reformulate just war theory from a feminist perspective. I assess the contribution made by Sjoberg as it relates to the gendered impact of war on women arguing that Sjoberg’s reformulation of just war theory fails to deliver a sufficient rejoinder to the problem of gendered violence in war. (shrink)

The article aims at demonstrating that a spike in populist narratives in Western societies leads to the legitimization of a new type of racism, xenoracism. Societies belonging to the so-called Western culture in the second half of the 20th century were attached to the liberal values where every sign of racism was negatively perceived as pejorative and attempts were made at eradicating it. In the 21st century, in turn, various economic and social crises caused by, inter alia, globalizing processes, were (...) attributed to liberal values which contributed to doing politics through fear management towards the Other. The difference between racism and xenoracism lies in the fact that the former was an ideology focused on biological differences while xenoracism abandoned such differences in favour of socially and culturally imbuing them with objective and unalterable character. Populist narratives evoking fear of the Other question that behaviours triggered by this fear result from racism despite the fact that these actions are virtually identical to the ones motivated by the ideology of racism. Therefore, such behaviours and activities are more commonly perceived as positive and not pejorative and as in effect acceptable. (shrink)

The Hippocratic Oath and the Declaration of Geneva of the World Medical Association are compared in terms of content and origin. Their relevance for current medical practice is investigated. The status which is ascribed to these documents will be shown and the status which they can reasonably claim to have will be explored. Arguments in favor of the Hippocratic Oath that rely on historical stability or historical origin are being examined. It is demonstrated that they get caught up in paradoxes. (...) Should doctors swear the Hippocratic Oath or the Declaration of Geneva? The Hippocratic Oath is a remarkable historic document, which contains important elements still relevant for medical ethics today. Its interpretation as a timeless, still valid medical code is unfounded. The historical arguments, that should justify its validity, are untenable. The Declaration of Geneva, and not the Hippocratic Oath, can legitimately claim to come close to representing the most important principles of professional medical conduct in today’s globalised world. (shrink)

Despite claims of ‘evidence based policy’, the place of empirical evidence in family law reform is ambiguous. There is ongoing socio-legal analysis of the differential value and uses of quantitative data and anecdote in detailing women’s experiences and advocating for change. In this paper, we engage with these issues through a focus on how data were constructed in a key government report, Every Picture Tells a Story, which was used to officially define the problem and outline recommendations in the controversial (...) 2006-08 reform of the Australian Child Support Scheme. Our discussion focuses on two questions: what legitimacy is accorded to different kinds of evidence in family law reform processes?; and, how is this legitimacy gendered? We applied feminist critical discourse analysis to the type, source and claims of the data included in the child support chapter of the report. Our findings indicate that both quantitative data and anecdote were used to privilege fathers’ financial interests and autonomy; in contrast, women’s voices and interests were marginalised. Thus, we argue the legitimacy of data is ascribed through its relationship to the gendered definition of the ‘problems’ of child support, rather than the type of data per se. (shrink)

W niniejszym opracowaniu zmierzać będę do uzasadnienia tezy, że przyj­ mowane procedury prawotwórcze i interpretacyjne nie tylko, co oczywiste, są legitymizowane wartościami typu formalnego, i co więcej, nie tylko war­ tościami typu materialnego, których realizacji służyć ma system prawny, ale także fundamentalnymi rozstrzygnięciami metaaksjologicznymi, dotyczącymi tego, jak istnieją i jak mogą być poznawane wartości. Zmierzając do realizacji tego celu uwyraźnię problematykę metaaksjologiczną w kontekście zagadnie­nia legitymizacji, formułując zasadnicze dylematy, które sprowadzają się do wyboru między koncepcją czystych wartości a koncepcją wartości (...) jako dóbr oraz między uznaniem obiektywnego ugruntowania wartości skorelowanym z uznaniem kognitywizmu metaetycznego a odrzuceniem obiektywnego ugruntowania i kognitywizmu. Zarysuję także zasadnicze możliwości ar­gumentacji w sprawie identyfikacji rozstrzygnięć w tym zakresie przyjętych w Konstytucji RP z 2 kwietnia 1997 roku. Zaznaczyć trzeba, że nie jest celem tego opracowania identyfikowanie konkretnych rozstrzygnięć aksjologicznych i metaaksjologicznych legitymizujących prawo, a jedynie wskazanie istotnych problemów i dylematów w kwestii legitymizacyjnych funkcji rozstrzygnięć metaaksjologicznych. (shrink)

In prevention and health promotion interventions, screening methods and risk profile assessments are often used as tools for establishing the interventions’ effectiveness, for the selection and determination of the health status of participants. The role these instruments fulfil in the creation of effectiveness and the effects these instruments have themselves remain unexplored. In this paper, we have analysed the role screening methods and risk profile assessments fulfil as part of prevention and health promotion programmes in the selection, enrolment and participation (...) of participants. Our analysis showed, that screening methods and health risk assessments create effects as they objectify health risks and/or the health status of individuals, i.e., they select the individuals ‘at risk’ and indicate the lifestyle modifications these people are required to make in order to improve their health. Yet, these instruments also reduce the group of participants thereby decreasing the possible effect of interventions, as they provide the legitimisation for people to make choices to whether they enrol or not and what lifestyle changes they incorporate into their lives. In other words, they present a space of interaction, in which agency is distributed across the practice nurses, the participants and the instruments. Decisions were not just made upon the projection of the outcomes of these instruments; decisions that were made by both the patients and practice nurses were the resultant of their opinions on these outcomes that were formed in interaction with the instruments. (shrink)

This article is concerned with the role of experientia in medieval law. This could take a number of forms, three of which are treated by way of example. In the first part of the essay, the author discusses how experience first came to serve as a source for the creation and legitimisation of new law since Late Antiquity. Henceforth, it became an important principle within Canon Law that served not only to create legal regulations supplementary to traditional law but (...) also to overwrite and replace it. The second part of the essay is concerned with the role of expert reports (consilia) by men learned in the ius commune which were requested to help rule cases under local law. Being dispersed in collections after their use in court, consilia made a significant impact on common and local law. In the final section the author discusses the use of expert witnesses (from areas as diverse as medicine, agriculture, the arts and crafts etc.). Expert opinions were recognised by court as high-value evidence. (shrink)

As donor trust legitimises research, trust is vital for research in the fields of biomedicine, genetics, translational medicine and personalised medicine. For parts of the donor community, the consent signature is a sign of trust in research. Many consent processes in biomedical research ask donors to provide their data for an unspecified future use, which introduces uncertainty of the unknown. This uncertainty can jeopardise donor trust or demand blind trust. But which donor wants to trust blindly? To reduce this uncertainty, (...) we explore first, which future-proof actors donors could trust when signing a consent form. Second, we discuss the question Can we know if donor trust expires? and what prevents donor trust from expiring. Finally, we present possible measures that can help to nurture trust in the far future. In this article, we draw on our previous research on trust in biomedical research, on trust in the broader healthcare system and Niklas Luhmann’s and Anthony Giddens’ trust theories. Our findings suggest that, in the far future, researchers will need to consider donor autonomy, as well as societal norms and values of the time period in which the data were donated. They will need to find mechanisms where possible to publicly announce the use of old data sets. However, foremost researchers will need to treat the data respectfully. It remains vital that professionals and the society continue to elaborate on the norms and values that shape the common understanding of what is morally right and wrong when researching data. (shrink)

This article contains reflections on the further structural transformation of the public sphere, building on the author’s widely-discussed social-historical study, The Structural Transformation of the Public Sphere, which originally appeared in German in 1962 (English translation 1989). The first three sections contain preliminary theoretical reflections on the relationship between normative and empirical theory, the deliberative understanding of democracy, and the demanding preconditions of the stability of democratic societies under conditions of capitalism. The fourth section turns to the implications of digitalisation (...) for the account of the role of the media in the public sphere developed in the original work, specifically to how it is leading to the expansion and fragmentation of the public sphere and is turning all participants into potential authors. The following section presents empirical data from German studies which shows that the rapid expansion of digital media is leading to a marked diminution of the role of the classical print media. The article concludes with observations on the threats that these developments pose for the traditional role of the public sphere in discursive opinion and will formation in democracies. (shrink)

Many systems of quantified modal logic cannot be characterised by Kripke's well-known possible worlds semantic analysis. This book shows how they can be characterised by a more general 'admissible semantics', using models in which there is a restriction on which sets of worlds count as propositions. This requires a new interpretation of quantifiers that takes into account the admissibility of propositions. The author sheds new light on the celebrated Barcan Formula, whose role becomes that of legitimising the Kripkean interpretation of (...) quantification. The theory is worked out for systems with quantifiers ranging over actual objects, and over all possibilia, and for logics with existence and identity predicates and definite descriptions. The final chapter develops a new admissible 'cover semantics' for propositional and quantified relevant logic, adapting ideas from the Kripke-Joyal semantics for intuitionistic logic in topos theory. This book is for mathematical or philosophical logicians, computer scientists and linguists. (shrink)

Governments are widely viewed by academics and practitioners as the key societal actors who are capable of compelling businesses to practice corporate social responsibility. Arguably, such government involvement could be seen as a technocratic device for encouraging ethical business behaviour. In this paper, we offer a more politicised interpretation of government engagement with CSR where “CSR” is not a desired form of business conduct but an element of discourse that governments can deploy in structuring their relationships with other social actors. (...) We build our argument through a historical analysis of government CSR discourse in the Russian Federation. Laclau and Mouffe's social theory of hegemony underpins our research. We find that “CSR” in the Russian government’s discourse served to legitimise its power over large businesses. Using this case, we contribute to wider academic debates by providing fresh empirical evidence that allows the development of critical evaluation tools in relation to governments’ engagement with “CSR”. We find that governments are capable of hijacking CSR for their own self-interested gain. We close the paper by reflecting on the merit of exploring the case of the Russian Federation. As a “non-core”, non-western exemplar, it provides a useful “mirror” with which to reflect on the more widely used test-bed of Western industrial democracies when scrutinising CSR. Based on our findings, we invite other scholars to adopt a more critical, politicised stance when researching the role of governments in relation to CSR in other parts of the world. (shrink)

This groundbreaking, open access volume analyses and compares data practices across several fields through the analysis of specific cases of data journeys. It brings together leading scholars in the philosophy, history and social studies of science to achieve two goals: tracking the travel of data across different spaces, times and domains of research practice; and documenting how such journeys affect the use of data as evidence and the knowledge being produced. The volume captures the opportunities, challenges and concerns involved in (...) making data move from the sites in which they are originally produced to sites where they can be integrated with other data, analysed and re-used for a variety of purposes. The in-depth study of data journeys provides the necessary ground to examine disciplinary, geographical and historical differences and similarities in data management, processing and interpretation, thus identifying the key conditions of possibility for the widespread data sharing associated with Big and Open Data. The chapters are ordered in sections that broadly correspond to different stages of the journeys of data, from their generation to the legitimisation of their use for specific purposes. Additionally, the preface to the volume provides a variety of alternative “roadmaps” aimed to serve the different interests and entry points of readers; and the introduction provides a substantive overview of what data journeys can teach about the methods and epistemology of research. (shrink)

This 1995 book takes as its starting point Plato's incorporation of specific genres of poetry and rhetoric into his dialogues. The author argues that Plato's 'dialogues' with traditional genres are part and parcel of his effort to define 'philosophy'. Before Plato, 'philosophy' designated 'intellectual cultivation' in the broadest sense. When Plato appropriated the term for his own intellectual project, he created a new and specialised discipline. In order to define and legitimise 'philosophy', Plato had to match it against genres of (...) discourse that had authority and currency in democratic Athens. By incorporating the text or discourse of another genre, Plato 'defines' his new brand of wisdom in opposition to traditional modes of thinking and speaking. By targeting individual genres of discourse Plato marks the boundaries of 'philosophy' as a discursive and as a social practice. (shrink)

This paper critically examines the language drawn on to describe socially responsible activities (CSR) in the context of the corporate web page. I argue that constructions of CSR are made plausible and legitimised according to the context of the expression. The web site is a genre of communication which addresses a broad and discerning audience; hence fractures in the institutionalised nature of argument may be apparent. The focus of this paper is to examine how the rhetoric of CSR is legitimised (...) and to develop a framework of argumentation repertoires that operate in this context. (shrink)

There has been much discussion about how to obtain legitimacy at macro-level priority setting in health care by use of fair procedures, but how should we consider priority setting by individual clinicians or health workers at the micro-level? Despite the fact that just health care totally hinges upon their decisions, surprisingly little attention seems being paid to the legitimacy of these decisions. This paper addresses the following question: what are the conditions that have to be met in order to ensure (...) that individual claims on health care are well aligned with an overall concept of just health care? Drawing upon a distinction between individual and aggregated needs, I argue that even though we assume the legitimacy of macro-level guidelines, this legitimacy is not directly transferable to decisions at micro-level simply by adherence to the guidelines’ recommendation. Further, I argue that individual claims are subject to the formal principle of equality and the demands of vertical and horizontal equity in a way that gives context- and patient-related equity concerns precedence over equity concerns captured at the macro-level. I conclude that if we aim to achieve just health care, we need to develop a complementary framework for legitimising individual judgment of patients’ claims on health care resources. Moreover, I suggest the basic structure of such a framework. (shrink)

The Anthropocene is a radical reconceptualisation of the relationship between humanity and nature. It posits that we have entered a new geological epoch in which the human species is now the dominant Earth-shaping force, and it is rapidly gaining traction in both the natural and social sciences. This article critically explores the scientific representation of the concept and argues that the Anthropocene is less a scientific concept than the ideational underpinning for a particular worldview. It is paradigm dressed as epoch. (...) In particular, it normalises a certain portion of humanity as the ‘human’ of the Anthropocene, reinserting ‘man’ into nature only to re-elevate ‘him’ above it. This move promotes instrumental reason. It implies that humanity and its planet are in an exceptional state, explicitly invoking the idea of planetary management and legitimising major interventions into the workings of the earth, such as geoen-gineering. I conclude that the scientific origins of the term have diminished its radical potential, and ask whether the concept's radical core can be retrieved. (shrink)

The recently reported cases of coerced sterilisation of women at a privately operated immigration detention facility in the USA are egregious in their disregard for human dignity and professional ethics, but sadly not surprising. These abuses represent a continuation of efforts to control the reproductive capacity of women, fueled by racist and xenophobic motives. Physicians helped create and legitimise the pseudoscientific framework for the eugenics movement, which would implement forceful sterilisation as its tool of choice to eliminate undesirable traits that (...) were thought to be biologically inherited and predominant among racial and ethnic minorities. Although state-endorsed forcible sterilisation programs have ended, incarcerated women have remained particularly vulnerable to sterilisation abuse. The intersectional vulnerabilities of racism, xenophobia and carcerality must be addressed to prevent such abuses from recurring. There are no data in this work. (shrink)

A horseshoe is regarded as a lucky, perhaps even romantic, symbol of our industrial heritage. Why is it, then, that much of English literature, from Mandeville's ‘Grumbling Hive’ on, portrays business in a murky light? The paper begins with an analysis of this phenomenon and concludes that it is the institutionalisation and legitimisation of avarice and its consequential effects that gives rise to such a portrayal. A horseshoe has also been used as a convenient means of conceptualising an answer (...) to the questions this conclusion raises: ‘Who should control the corporation and for what ends?’ (Mintzberg 1985) and discussing recent developments in corporate social responsibility. Drawing on research evidence the paper demonstrates how corporations are simultaneously under pressure from society and responding to its concerns. The paper concludes that these current developments can at best ameliorate the situation, and that what is necessary is to rediscover the notion of corporate virtue, instead of putting virtue at the service of vice. (shrink)

This study compares the Internet (corporate web pages) and annual reports as media of social responsibility disclosure (SRD) and analyses what influences disclosure. It examines SRD on the Internet by Portuguese listed companies in 2004 and compares the Internet and 2003 annual reports as disclosure media. The results are interpreted through the lens of a multi-theoretical framework. According to the framework adopted, companies disclose social responsibility information to present a socially responsible image so that they can legitimise their behaviours to (...) their stakeholder groups and influence the external perception of reputation. Results suggest that a theoretical framework combining legitimacy theory and a resource-based perspective provides an explanatory basis for SRD by Portuguese listed companies. (shrink)

Smoking is disproportionately common among the disadvantaged, both within many countries and globally; the burden associated with smoking is, therefore, borne to a great extent by the disadvantaged. In this paper, I argue that this should be regarded as a problem of social justice. Even though smokers do, in a sense, ‘choose’ to smoke, the extent to which these choices can legitimise the resulting inequalities is limited by the unequal circumstances in which they are made. An analysis of the empirical (...) literature reveals a variety of factors—such as targeted advertising, unequal dissemination of information about the health risks of smoking and inequalities in smoking norms—that make the disadvantaged more likely to become smokers and less likely to quit successfully. The paper then considers a range of common tobacco control policies from the perspective of social justice. The social justice perspective developed here poses a challenge for policy-makers: on the one hand, social justice concerns strengthen the case for tobacco control policies because such policies disproportionately benefit the health of the disadvantaged. At the same time, however, we must be particularly sensitive to any harms associated with such policies because such burdens, too, will fall largely on the disadvantaged. (shrink)

It is a widely shared belief that genocide – the ‘crime of crimes’– is more morally significant than ‘mere’ large-scale mass murder. Various attempts have been made to capture that separate evil of genocide: some have attempted to locate it in damage done to individuals, while others have focused upon the harm done to collectives. In this article, I offer a third, neglected, option. Genocide damages humankind: it is here that the difference is to be found. I show that this (...) understanding has a venerable legal history, and argue that it has the significant benefits of legitimising intervention and justifying universal jurisdiction. (shrink)

Using data from user comments to the official social networking account of the Hubei Red Cross Foundation on a participatory web platform, this study attends to the offensive and hateful comments produced by ordinary Internet users to blame the elite authorities for their malfeasance in managing the donation during the COVID-19 in China. Drawing on Discursive Psychology, we focus on the rhetorical strategies that users employ to legitimise their actions as well-founded evidential blame against a norm-breaking act rather than radical (...) extremist speech. The associated hatred among discussants are moral, social judgements. That said, hate speech also helps construct the moral standards of a normalised society. (shrink)

Previous studies on legitimation, multimodality and political discourse by researchers, such as Van Leeuwen, Van Dijk and Mackay, have suggested different but supplementary methods of legitimation analysis by providing a number of analytical frameworks. Multimodal legitimation research, however, seems to be in need of a better conflation of the theoretical backgrounds of disciplines, such as narratology. This article focuses on the multimodal discourse of three political advertisements of the political party New Democracy, filmed for the needs of the Greek legislative (...) election of January 2015. What is investigated is the multimodal means by which New Democracy’s president, and Prime Minister at the time, Antonis Samaras attempted to legitimise his candidacy. In this article, I use the six-layer framework proposed by Mackay for multimodal legitimation analyses and I argue that multimodal legitimation research can benefit and get enhanced from the use of narratology and its analytical categories, such as perspective. (shrink)

What are the criteria for reasonable clinical judgements? The reasonableness of macro-level decision-making has been much discussed, but little attention has been paid to the reasonableness of applying guidelines generated at a macro-level to individual cases. This paper considers a framework for reasonable clinical decision-making that will capture cases where relevant guidelines cannot reasonably be followed. There are three main sections. (1) Individual claims on healthcare from the point of view of concerns about equity are analysed. (2) The demands of (...) responsibility and equity on professional clinical performance are discussed, and how the combination of these demands emerges into seven requirements that constitute the framework is explored. Since this framework is developed to assist in reasonable clinical decision-making, practical implications of all these requirements are also suggested. (3) Challenges concerning the framework are discussed. First, a crucial presumption that the framework relies upon is considered—namely, clinicians’ willingness to justify their decisions as requested. Then how public deliberation may influence clinical decision-making is discussed. Next is a consideration of how clinicians’ need to have confidence in their own judgements in order to perform in a manner worthy of trust would be compatible with adherence to the framework supported by public deliberation. It is concluded that fair distribution in the interplay between macro- and micro-level considerations can be secured by legitimising procedures on each level, by ensuring well-organised and continuing public debate and by basing individual clinical judgements upon well-justified and principled normative bases. (shrink)

As Socially Responsible Investment (SRI) enters the mainstream of professional and institutional investment practice, some perplexities arise. Some SRI market participants are well schooled in finance but are hesitative as to how to apply non-financial criteria in the management of portfolios. Governments too are giving SRI more attention and, in some countries, are discussion whether and how to regulate the SRI market. Advocacy groups are targeting SRI projects through media campaigns using political discourse. Many of the pertinent questions that come (...) with these perplexities are of the philosophical or ethical type and concern legitimisation, demarcation of responsibilities, interpretation of norms and policy formulation. The inclusion of non-financial criteria into investment decision-making leads to a ‹puzzle in SRI’ for which this article offers a solution. The puzzle arises when the day-to-day implementation of an SRI-policy coincides with the process of administering justice. Three questions make up that puzzle: (1) what should an␣investor do when allegations arise about a corporation, (2) what should an investor do when a corporation is brought before a court, (3) what should an investor do when a corporation is found guilty by a court. This article argues, by distinguishing between the rationality of the investor and that of the judge, that allegations, court cases or court verdicts should not be reasons to disinvest from a corporation. This article offers examples from investor practice and points out in which way allegations, court cases and court verdicts make sense for investor behaviour. (shrink)

This study attempted to answer the question of how to share the values and ethics of youth work among practitioners and with policymakers, funders, and society. Although social interest in youth support in Japan has been on rise recently due to the increase number of difficulties surrounding young people, the ‘ethics and values’ in practice and in the field can be driven by the neoliberal social and political trends present in our society. This study presents a way to resist and (...) counter the penetration of neoliberal practical ethics and organisational management through the process of visualising, sharing and legitimising the ‘practical ethics and values’ embedded in the fields where youth work has been developed with young people. This is the research-based practice of ‘practitioners collectively telling, writing, sharing, and communicating the stories of practice’. (shrink)

Arguably, the corporate social responsibility practices of multinational enterprises are influenced by a wide range of both internal and external factors. Perhaps, most critical among the exogenous forces operating on MNEs are those exerted by state and other key institutional actors in host countries. Crucially, academic research conducted to date offers little data about how MNEs use their CSR activities to strategically manage their relationship with those actors in order to gain legitimisation advantages in host countries. This paper addresses (...) that gap by exploring interactions between external institutional pressures and firm-level CSR activities, which take the form of community initiatives, to examine how MNEs develop their legitimacy-seeking policies and practices. In focusing on a developing country, Sri Lanka, this paper provides valuable insights into how MNEs instrumentally utilise community initiatives in a country where relationship-building with governmental and other powerful non-governmental actors can be vitally important for the long-term viability of the business. Drawing on neo-institutional theory and CSR literature, this paper examines and contributes to the embryonic but emerging debate about the instrumental and political implications of CSR. The evidence presented and discussed here reveals the extent to which, and the reasons why, MNEs engage in complex legitimacy-seeking relationships with Sri Lankan host institutions. (shrink)

This paper explores the ethical dilemma of conflicting loyalties found in whistleblowing. Central to this dilemma is the internal/external disclosure dichotomy; disclosure of organisational wrongdoing to an external recipient is seen as disloyal, whilst disclosure to an internal recipient is seen as loyal. Understanding how the organisation and society have dealt with these problems over the last 30 years is undertaken through an analysis of Vandekerckhove’s project, which seeks to place the normative legitimisations of whistleblowing legislation and organisational whistleblowing policies (...) within a globalisation semantic able to contain this conflict between society and the organisation. This project fails, it is argued, because of Vandekerckhove’s particular understanding of the organisation as an autopoietic system, i.e. an operationally closed system. A case is made to understand organisations as complex systems, i.e. operationally open systems. Critical Complexity theory sees the identities of systems and components as coterminous. In the context of the organisation, this means that the identities of the corporation and its corporate members arise and die together. The whistleblower’s disclosure reconfigures the organisation by forcing the organisation to open up and make its boundaries flexible, making the designation ‘internal’ or ‘external’ to the organisation, and, therefore, who qualifies as a recipient of a disclosure of wrongdoing, flexible. The organisation is restrained from retailing against the whistleblower, because its identities are coterminous. Furthermore, as the disclosure cannot be categorically defined as either internal or external, the question of whether an external disclosure can qualify as an act of organisational loyalty becomes moot. (shrink)

In fourth-century Greece, the debate over the nature of philosophy generated a novel claim: that the highest form of wisdom is theoria, the rational 'vision' of metaphysical truths. This 2004 book offers an original analysis of the construction of 'theoretical' philosophy in fourth-century Greece. In the effort to conceptualise and legitimise theoretical philosophy, the philosophers turned to a venerable cultural practice: theoria. In this practice, an individual journeyed abroad as an official witness of sacralized spectacles. This book examines the philosophic (...) appropriation and transformation of theoria, and analyses the competing conceptions of theoretical wisdom in fourth-century philosophy. By tracing the link between traditional and philosophic theoria, this book locates the creation of theoretical philosophy in its historical context, analysing theoria as a cultural and an intellectual practice. It develops a new, interdisciplinary approach, drawing on philosophy, history and literary studies. (shrink)

One of the influential contributions to criminalisation theories is Duff’s work on public wrongs, which offers a thin master principle of criminalisation, proposing that we have a reason to criminalise a type of conduct if it constitutes a public wrong; one that violates a polity’s civil order and forms part of that polity’s proper business. The nature of the civil order, the scope of its proper business, and the distinction between the public and private realms of wrongs are context-relative to (...) each polity, structured by their legal, institutional, and informal values and ways of life. Such a context-relative view led to problematic criminalisation examples raised by Duff and his critics. This article engages more fully with the relativism of the civil order and public wrongs in non-democratic and illiberal contexts. It draws on examples such as Saudi Arabi and Iran, and Beetham’s work on the legitimation of power to argue that conceptualising the civil order as an undifferentiated whole that represents a polity’s chosen way of life overlooks the ways in which the civil order’s values and practices are shaped by relations of power and exclusion rules and processes. This, in turn, exposes the theory to the risk of mirroring and legitimising unequal relations of power and impeding efforts to change them. This is also due to the theory’s lack of proper normative guidance on the legitimacy of criminalisation. The potential commitment to – instead of a preference for – democracy and guarantees of equality and freedoms might help strengthen the theory normatively, but it is insufficient to guard against the raised problems. (shrink)

Recent developments in biotechnology allow for the generation of increasingly complex products out of human tissues, for example, human stem cell lines, synthetic embryo-like structures and organoids. These developments are coupled with growing commercial interests. Although commercialisation can spark the scientific and clinical promises, profit-making out of human tissues is ethically contentious and known to raise public concern. The traditional bioethical frames of gift versus market are inapt to capture the resulting practical and ethical complexities. Therefore, we propose an alternative (...) approach to identify, evaluate and deal with the ethical challenges that are raised by the increasing commercialisation of the exchange of sophisticated human tissue products. We use organoid technology, a cutting-edge stem cell technology that enables the cultivation of ‘mini-organs’ in a dish, as an example. First, we examine the moral value of organoids and recognise them as hybrids that relate to persons and their bodies as well as to technologies and markets in ambiguous ways. Second, we show that commercialisation of organoids is legitimised by a detachment of the instrumental and commercial value of organoids from their associations with persons and their bodies. This detachment is enacted in steps of disentanglement, among which consent and commodification. Third, we contend that far-reaching disentanglement is ethically challenging: (1) Societal interests could be put under pressure, because the rationale for commercialising organoid technology, that is, to stimulate biomedical innovation for the good of society, may not be fulfilled; (2) The interests of donors are made subordinate to those of third parties and the relational moral value of organoids may be insufficiently recognised. Fourth, we propose a ‘consent for governance’ model that contributes to responsible innovation and clinical translation in this exciting field. (shrink)

The paper examines Thomas Hobbes’s theory of the state and representation in light of the historical development of the idea of the people as a corporation and its use in late-medieval and early-modern theories of resistance. Consequently, it is argued that Hobbes’s use of a corporate metaphor for the state embodied a rejection of the ius gentium reading of the people as a corporate body that legitimised the right of resistance to the sovereign power. By incorporating the state, not the (...) people, and championing a single covenant of a dissociated multitude that leads to its generation, Hobbes undermined the basis on which advocates of popular sovereignty justified opposition to the sovereign; a prerogative derived in their eyes from a covenant between the people and the ruler. (shrink)

This paper examines the hypothesis that all public policies are based, at least in part, on rhetorical strategies. By analysing public policies implemented in the context of sustainable development, this article emphasises the need for and the challenges of providing legitimate foundations for the rhetorical means used to encourage change; it is these foundations that determine a given policy's efficacy. To do so, historical analyses are used, as well as socio-economic perspectives examined through textual analysis. The text concludes by showing (...) the importance of a common framework for action based on shared values at the regional level for legitimising the political use of rhetoric to change behaviours and attitudes. (shrink)

This article presupposes the right of the faithful to pose critical questions about God. God-concepts cannot be distanced or freed from ideology. In the Hebrew Scriptures, the reflection on Jahwe and Elohim are mostly influenced by Israel's exodus experience. The liberating God becomes a theme that legitimises their faith, but is ultimately coloured by their patrarchal Sitz im Leben. For black theologians, the image of God as the Liberator stands foremost as the Crucified. This has clear connections with Western thinking (...) such as that of Jürgen Moltmann. The ancient native people of southern Africa developed a consciousness regarding a Higher Being through many years, eventually integrating it into their holistic worldview. God's involvement in human suffering plays a significant role in all of these expressions of faith. The different views of God as the transcendant, yet involved God, should be revisited within the context of our current society characterised by human suffering, chronic poor communities, gaping inequality and increasing corruption. The theological-ethical question is whether the Khoisan people's view of a wounded God is more suitable to help faithful people to engage with the world in a meaningful way. (shrink)

In this article the authors challenge the hegemonic masculinity of the dominant football discourses on intra-Christian sectarianism in Scotland through a pilot study on women’s everyday experiences of sectarianism. The authors argue that dominant constructions of sectarianism often erase the standpoints of different kinds of women by minimising their roles both as agents for change and/or subjects who also reproduce sectarianism in their own right. The findings offer alternative narratives which problematise sectarianism as a white, male-only, working-class issue. This highlights (...) the need to legitimise different gendered manifestations of sectarian bigotry at the micro-social level of family and kinship networks particularly in relation to the seemingly feminised role of policing ethno-religious identities in marriage and the socialisation and upbringing of children. (shrink)

The United Nations Scientific, Education and Cultural Organisation (UNESCO) has commenced drafting a Universal Bioethics Declaration. Some in the relevant UNESCO drafting committee have previously desired to restrict its content to general principles concerning the application (but not necessarily the goals) of science and technology. As potentially a crucial agenda-setting statement of global bioethics, however, it is arguably important the Universal Bioethics Declaration transparently address major bioethical dilemmas in the field of public health, such as universal access to affordable, essential (...) medicines. Article 13 (Social Responsibility) of the Preliminary Draft Universal Bioethics Declaration states: ‘Any decision or practice shall ensure that progress in science and technology contributes, wherever possible, to the common good, including the achievement of goals such as: (i) access to quality health care and essential medicines, including for reproductive health and the health of children.’Cost effectiveness pricing systems, such as that most notably used in Australia’s Pharmaceutical Benefits Scheme (PBS), arguably represent one of the most scientifically effective mechanisms whereby public monies may be utilised to assist in the provision of medicines for the common good. They contain two essential elements: first, a process of scientific evaluation of objectively demonstrated therapeutic significance, and then, a fiscal lever (the government reimbursement price) attached to that evaluation.It is now well established that the US Pharmaceutical Research and Manufacturers Association (Pharma), through the assistance of the US Trade Representative (USTR), saw the Australia United States Free Trade Agreement (AUSFTA) as an opportunity to fulfill a legislative mandate to ‘eliminate ’ the cost-effectiveness pricing system in Australia’s PBS. One of the most remarkable features of the arguments raised against the PBS in this context was the fact that they made almost no reference to the normative discourse of bioethics or international human rights. Provisions such as Article 13 in UNESCO’s Universal Bioethics Declaration, although they will create no immediate obligations under international law, may play an extremely valuable role in legitimising the use of bioethical and human rights concepts in access to medicines debates surrounding multilateral and bilateral international trade deals such as the AUSFTA. (shrink)

In science policy, public controversy around synthetic biology has often been presented as a major risk because it could deter innovation. The following inter-related strategies for avoiding contestation have been observed: There have been attempts to close down debates by alluding to the importance and legitimacy of reliance on scientific evidence as input to regulatory processes. Scientific policy advice has stressed sufficiency of existing regulation, economic risks of additional regulation and/or suggestions for monitoring that are limited in scope. Initiatives for (...) self-governance have narrowed the scope of topics for consideration. Engagement with humanities, social sciences and arts has been co-opted for legitimisation and science communication. Although such agendas are of course not ubiquitous, in this paper, I criticise that instrumentally motivated engagement has been supported not only by the scientific community but also by policy institutions and funding bodies. I argue that it is good that this now seems to fuel controversy in the academic and policy realms. As synthetic biology is not the only technoscientific field to see such dynamics, this is also part of the broader context of debate about the governance of science, especially the concept of “responsible research and innovation” currently promoted in the EU. (shrink)

This paper examines the ways in which liberal theory and democratic procedure have sought to address the justificatory challenge posed by the existence of coercive states, given the liberal account of individuals as naturally free and equal. In doing so, this paper invokes the justifications for the limited state advanced by the Austrian school of political economy, referring in particular to the work of F.A.Hayek. It argues that the scepticism this school of theory advances, with regard to the effectiveness and (...) desirability of state intervention into the affairs of free individuals, offers a better approach to understanding state legitimacy than does the ideal theory often relied upon by liberal political theorists. It further argues that the simple inclusion of majoritarian democratic procedure as the method for deciding whether, when and how states should intervene into the affairs of free individuals cannot legitimise these interventions in a manner consistent with the demands of liberalism. This paper finally employs the Austrian school’s scepticism about the state’s capacity to ‘do good’ in order to advance a proposal for reducing the degree to which any individual need be coerced by a state seeking to advance particular ends, rather than to enforce general rules. (shrink)

Government action has advantages, which explains the central role of states in political theory. However, taking states for granted limits the ability to critique the status quo and consider alternatives. The rejection of domination by anarchists and their vision of a society free of domination can be a productive starting point for critical reflection on statehood. Drawing on works by the philosophical anarchists Robert Paul Wolff and A. John Simmons, as well as Joseph Raz, this study presents a compelling anarchist (...) challenge to the state. This demonstrates that state action can only be legitimised if it enables us to lead a self-determined and emancipated life. (shrink)