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)

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)

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)

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)

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)

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)

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)

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)

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...

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)

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)

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)

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)

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)

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 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)

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)

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)

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)

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 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)

In this paper, we draw on Pierre Bourdieu's concepts of ‘misrecognition’, ‘condescension’ and ‘consent and complicity’ to demonstrate how domination and violence are reproduced in everyday interactions, social practices, institutional processes and dispositions. Importantly, this constitutes symbolic violence, which removes the victim's agency and voice. Indeed, we argue that as symbolic violence is impervious, insidious and invisible, it also simultaneously legitimises and sustains other forms of violence as well. Understanding symbolic violence together with traditional discourses of violence is important because (...) it provides a richer insight into the ‘workings’ of violence, and provides new ways of conceptualising violence across a number of social fields and new strategies for intervention. Symbolic violence is a valuable tool for understanding contentious debates on the disclosure of violence, women leaving or staying in abusive relationships or returning to their abusers. While we focus only on violence against women, we recognise that the gendered nature of violence produces its own sets of vulnerabilities against men and marginalised groups, such as LGBT. The paper draws on empirical research conducted in Sweden in 2003. Sweden is an interesting case study because despite its progressive gender equality policies, there has been no marked decrease in violence towards women by men. (shrink)

The democratic legitimacy ideal requires value judgments in science to be legitimised by democratic procedures in order for them to reflect the public interest or democratic aims. Such a view has been explicitly defended by Intemann (2015) and Schroeder (2021), amongst others, and reflects a more widely shared commitment to a democratisation of science and integration of public participation procedures. This paper suggests that the democratic legitimacy ideal in its current form does not leave space for partisan science – science (...) that is politically or societally engaged. This is problematic because partisan research can contribute substantially to science and society, a point that I will illustrate with a recent case study from the Netherlands. To resolve this problem, I scrutinise the notion of democratic legitimacy and consider its use in the values in science discourse. Current discussions focus on democratic decision-making procedures to legitimise specific value judgements. I show that this focus does not adequately represent sound procedures of legitimisation at the hand of political theories of representation. Consequently, I develop a different approach: I propose to consider scientists as a special case of representatives who are authorised to make independent value judgements while nevertheless being constrained by the demands of their constituencies. Based on this approach, I argue that values in science do not need to be based on democratically agreed upon aims or the public interest in every instance. Instead, I advocate for a pluralist system of scientific mandates, which differs from both value pluralism and the democratic legitimacy ideal. (shrink)

This is a comprehensive analysis of the idea of libertas and its conflicting uses in the political struggles of the late Roman Republic. By reconstructing Roman political thinking about liberty against the background of Classical and Hellenistic thought, it excavates two distinct intellectual traditions on the means allowing for the preservation and the loss of libertas. Considering the interplay of these traditions in the political debates of the first century BC, Dr Arena offers a significant reinterpretation of the political struggles (...) of the time as well as a radical reappraisal of the role played by the idea of liberty in the practice of politics. She argues that, as a result of its uses in rhetorical debates, libertas underwent a form of conceptual change at the end of the Republic and came to legitimise a new course of politics, which led progressively to the transformation of the whole political system. (shrink)

This article examines the role of moral arguments in the delegitimation of transition policies. Previous research has highlighted attitudes and arguments that explain resistance against transition policies, including perceptions of unfairness; inefficiency and effectiveness; lack of trust; and ideology. This article provides further understanding of resistance to climate policies by zooming in on how social movements implicitly and explicitly use moral arguments to delegitimise low-carbon transition policies. Through a qualitative interview study with members of a Swedish social media movement against (...) low-carbon transport policies, we analyse central arguments against policies; how moral considerations figure in them; and how these strengthen argumentative delegitimation practices against transition policies in the transport sector. We show how moral arguments serve to legitimise protests both by instilling an urgency in the cause and generalising the demands to delegitimise mainstream transition policies, and suggest that recognition of this may contribute to both better analysis and policies. (shrink)

This article reflected a comparison of 1 and 2 Chronicles with its source documents. It transpires that the history of Israel and Judah is selectively retold by the authors of Chronicles with deliberate omissions and additions reflecting a certain emphasis. While the northern kingdom is negatively portrayed, the southern kingdom is positively evaluated. David is idealised as the perfect king. He is credited with founding the religious cult, which is contradicting the view in Exodus. The Jerusalem temple cult is legitimised (...) and asserted as representing the only accurate religion. Chronicles 1 and 2 secured the temple elite’s position by legitimising their actions, functioning in this community as a discourse of power for as long as the (second) temple existed. Being a discourse of power, it set margins and excluded various groups usually considered part of the people of YHWH. The destruction of the (second) temple led to the disempowerment of this text, opening the way for it to be included in the Hebrew canon. The key insights of this article were that 1 and 2 Chronicles were used as a discourse of power, but the power block was lifted once the second temple was destroyed.Contribution: This article fitted into the scope of the journal by using historical-critical methods but also concepts from poststructuralism, namely the concept of powers behind texts and in language. (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 discourse of identity in the Arab context in general and in the Maghrebi context in particular is a modern phenomenon and is of central importance. In the Maghreb this discourse is related to modernization efforts, with the de-colonization struggle and its ideology, and with the nation-state-building genesis, process, and legitimisation after independence. A fundamental part in the developmental process of this discourse, there-fore, is the difference from, as well as the non-negotiable and hegemonic presence of, the "Other". The (...) evolution of a Maghrebi discourse of identity in this instance is a peculiar formation of consciousness or awareness with regard to a self-evident constancy, namely, the own identity, which had not been in doubt up to that point. From the challenging encounter with the western European hegemonic "Other" comes the necessity to bring forth such a discourse. The Difference is thus a fundamental aspect in the beginnings of the Maghrebi discourse of identity. (shrink)

ABSTRACT This is a philosophical treatment of the phenomenon of home. A distinction is drawn between home and permanent residence and birthplace. Through discussion of the philosophy of Vaclav Havel, home is discovered to be a multi‐level structure that may contain several homes on different and identical levels. Exclusionist concepts of home such as nationalism and fundamentalist monotheism deny this. Home is conditions that allow personal self fulfilment. Our actual home is the result of our efforts to reach our ideal (...) home, departing from our natural home. Hospitality, personal and collective, is extension of conditions of home to a guest who may be homeless or in exile. The current use of ‘home’ by inhospitable, excluding, territorial monopolies such as the European Community, the US immigration service, and Hong Kong officials, as in ‘returning refugees back home’, is an Orwellian misuse of the linguistically assumed, positive relations between person and home to legitimise morally abhorrent policies. (shrink)

Authenticity has become one of the defining ideals of the modern world. It is the quality we are meant to demand in that which we consume; a value to be opposed to all that is ‘fake’ or ‘phoney’ or ‘artificial’. Above all, it is what an individual is meant to aspire to be: true to one’s self, self-actualising and self-expressing. Authenticity today has an almost ethical force. It underpins identity politics, legitimises transgenderism and informs the ubiquitous demand for often legal (...) recognition and informal respect. But what does its elevation say about the condition of modernity? What is its historical and conceptual relationship to ideas of freedom and autonomy? And to what extent is it really possible or even desirable, as Shakespeare’s Polonius insisted it was, to be true to thine own self? (shrink)

This contribution examines the relationship between human beings and landscape in selected medieval texts. Literary concepts of landscape appear innately bound up with human experiences that lend expression to religious, political and aesthetic convictions. The religious appropriations of landscape revolve around cosmological ideas for or against life in this world in political contexts, landscape functions as a medium of power for the legitimisation of rule, or as an apocalyptic backdrop. Courtly poetry exploits certain details of landscape to symbolise the (...) status of individuals in society or the condition of society itself. In accounts of pilgrimage, the sense of landscape is reduced to a consideration of the accessibility of holy sites and the measurable distance of the journey. (shrink)

Is selling sex a service like any other? Philosophers have given a range of answers to this question: (a) sex has a specific value that is debased by commercial markets in sex; (b) sex work is a service like any other; (c) markets in sex perpetuate structural systems of inequality. This article takes seriously the suggestion that there is something special about sex itself which raises a specific set of concerns when traded for money. The challenge is to explain this (...) without drawing on contentious essentialist claims about the value of sex. It proceeds by analysing a parallel between sexual promises and selling sexual consent. On an expectational theory of promising, commercial agreements to sex generate obligations in a way that is normatively analogous to sexual promises. Understanding the normative release conditions for such assurance‐providing agreements provides a way of analysing the justifiability of various ways of enforcing such agreements. I argue that the release conditions for agreements involving sex are not conducive to being codified under typical forms of service contract. As such, regulation aimed at legitimising sex work must provide adequate protections to workers without codifying it under typical forms of service contract. (shrink)

Organisations are socially constructed in that their members are socialised in a world of language that enables them to understand, communicate and share. They use language to create patterns that help them make choices and relate their actions to the patterns they create and the choices they make. The world of organisations and their management is, therefore, a matter of language. In this world, rationality plays a fundamental role in legitimising choices together with the actions that express them. This study (...) suggests that the limited expressive resources of a dominant version of rationality limit the world of management in a way that undermines its legitimacy and that it is possible for management to break free from this limited world by learning to think in other languages that express contrasting versions of rationality. (shrink)

O Estado Novo, apesar de ser uma ditadura, consagrou, na Constituição, a realização de eleições presidenciais, legislativas e para as Juntas de Freguesia, uma vez que só o voto popular podia fornecer a legitimação interna e externa de que necessitava. Todavia, os resultados eleitorais sempre foram controlados de modo a garantir a vitória do candidato ou da lista da União Nacional e todas as eleições foram fraudulentas. As eleições presidenciais de 1949 e 1958 foram dois desses momentos importantes para Portugal, (...) em que o povo teria podido votar e decidir o futuro do país mas em que a opressão, a censura, a violência e a fraude marcaram a campanha eleitoral e determinaram a votação, garantindo a vitória dos candidatos da Situação e a derrota dos da Oposição, apesar destes terem, inequivocamente, o apoio da maioria da população. Notwithstanding the fact that it was a dictatorship, the Estado Novo consecrated in the Constitution the realisation of presidential and legislative elections and also elections to the Juntas de Freguesia , given that only the popular vote could provide it with the internal and external legitimisation it needed. However, the electoral results were always controlled in order to guarantee the victory of União Nacional's candidate or list and all the elections were fraudulent. The presidential elections of 1949 and 1958 were two of these important moments to Portugal, in which the people could have voted and decided the country's future, but instead oppression, censorship, violence and fraud marked the electoral campaign and determined the voting, guaranteeing the victory of the Situation candidates and the defeat of the Opposition ones, despite the fact that the latter had, unequivocally, the support of the majority of the population. (shrink)

This study reports on a longitudinal inquiry into professional identity construction among six novice cross-border English language teachers from mainland China, who completed their pre-service teacher education in Hong Kong (HK) and began their teaching practice in local HK schools. The findings indicate that the participants navigated obstacles in teaching by deploying their own multiple languages as a cultural and linguistic repertoire. The findings also show that the teachers experienced difficulty legitimising their professional identity in the teaching community, where contextual (...) issues and power interplays mediated the process. Furthermore, it is found that the participants? commitment to teaching was negatively influenced by their non-legitimate position in the teaching community and the discordance between their teaching beliefs and the norms and values of their workplace. This study suggests that complex inter-relationships between marginal status in and legitimate membership of the community, between historical and cultural background, present practice, and future expectations, between social discourse and personal location, are involved in the process of identity construction. Measures to legitimate these teachers? position and to transform the linguistic and cultural repertories of these teachers into valuable resources of the local schools are suggested. Implications for future research are outlined. (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)

This article explores the writings of Hugo Grotius on the law of civil war. First, the article takes a look at what Grotius wrote about the Dutch revolt, the civil war during which he himself lived and which he helped to legitimise. Second, the article notes how in legal practice the Dutch revolt also provided a valuable early precedent for the later scholars of the law of civil war, who were more concerned with questions of revolutionary prize jurisdiction and the (...) problem of recognition. Third, the article explores the elements relating to these questions of civil war in Grotius’s volitional law of nations as presented in De iure belli ac pacis. These provided Grotius’s most enduring legacy for the later scholars on the law of civil war. (shrink)

This paper argues against a conception of normativity that relies too heavily on the notions of guidance and compliance. Both guidance and compliance are argued to be myths, used, by observers, to legitimise their evaluation of persons, conceived of as participants, in game models. The aim of this critique is three-fold: first, to make us more aware of the role of the observer and the act of observation; second, to assist us in acknowledging the inescapable fragility of our practices of (...) making sense of and evaluating others; and thirdly, to help us to see the need for an account of the social life of normativity, i.e., of paying attention to the different dynamics of obligation, legitimation, justification, authority etc, in different kinds of relationships. (shrink)

The justification of non-therapeutic research on incapacitated persons isastill unsolved problem, because in this situation, both legitimising factors of research - informed consent and therapeutic benefit - are absent and the question arises as to whether such research is morally justifiable at all. The paperwill ask if there could be arguments for such research. One argument could be that under certain circumstances, an institutionally decreed global renunciation of any type of research on this group of persons could also be illegitimate. (...) Not doing research can do injury to the Principles of Justice because in this manner the needs of a particular group may unjustifiably be ignored. This would aggravate the disadvantaged position of this group in a groundless manner and, in particular, would deprive its members of the basis of self respect Precisely in view of this aspect of Justice non-therapeutic studies on decisionally impaired persans must also be permitted in order to ensure the preservation of basic social goods in regard to these persons. (shrink)

This article puts forward the following thesis: the legitimation of school subjects stems from an acknowledged epistemic field, from a science in its broadest sense. The more school subjects deviate from the science from which they originate the more they become weaken and disfigured. A focus on the Estado Novo period in Portugal allows for a particular understanding and emphasis placed on the context which legitimises Philosophy as a school subject in middle school. Thus, this article examines the avenues followed (...) by Philosophy as a school subject in this particular historical period, accounting for and explaining the link between educational and instructional plans, the interference of ideology and education policy, and the transformation of school into an instrument of political, ideological education. (shrink)

The purpose of the article is to show how the doctrine of the King’s Two Bodies formulated by lawyer Edmund Plowden influenced political practice and its artistic representation. It is worth emphasising that the image of the king as a one-man corporation includes an immanent conflict resulting not only from the coexistence of conflicting identities in one person, but also from the need to constantly negotiate relations between them. Therefore, the concept of two bodies could simultaneously serve as a tool (...) for legitimising and contesting power. This paradox is well illustrated by Queen Elizabeth I’s famous declaration “Richard II is Me”, which has been intriguing researchers for decades and receiving extensive comments. So far it has not been placed in the context of the doctrine of the King’s Two Bodies, in which it sounds probably most fully. The perspective of abolished temporality inscribed in it sheds a new light on the queen’s identification with Richard II: both the historical ruler and the hero of the Shakespearean chronicle. (shrink)

Valuation is portrayed here as a dynamic and interactive process, not a static notion linked to willingness to pay. Valuation through economic measures can be built upon by creating trusting and legitimising procedures of stakeholder negotiation and mediation. This is a familiar practice in the US, but it is only beginning to be recognised as an environmental management tool in the UK. The introduction of strategic environmental and landuse appraisal plans for shorelines, estuaries, river catchments and rural landscapes, combined with (...) the mobilisation of protest around landuse proposals that are not seemingly justified on the basis of 'need' suggest that a more legitimate participatory form of democracy is required to reveal valuation through consensual negotiation. (shrink)

Through an historical-conceptual analysis of Utopia, the essay examines several features of More’s international political thought, drawing attention to the analogies that permit to compare his work to contemporary theories and practices of justifying war. From this perspective, More’s conceptualisation of just war constitutes an early modern attempt to legitimise states’ policies aimed at exporting specific political and cultural models to other states, relying on the assumption that such models are intrinsically valuable or constitute optimal solutions for the life of (...) any political community. (shrink)

This study proposes a philosophical analysis of the public discourse that accompanies the cultural policy in Romania: justifications and finalities of State intervention in the cultural field, as well as representations of the roles that the public authorities attribute to culture/art. The objective is to bring into light the philosophical, political and aesthetical values that found and legitimise the cultural policies and shape the relationship between State and artists/art. It is basically about understanding the nature of representations on culture and (...) art that underlie the State intervention in the cultural field and, consequently, to determinate the ethos of the cultural policy in post-communist Romania and to expose the constraints that are still limiting its exercise. (shrink)

The paper discusses one of the later texts by Jacques Derrida. The text allows Derrida to be interpreted as a thinker of advanced modernity. Systematically it is possible to read modernity via the image of overcoming, which may be understood both in the sense of progress and restoration. The question Derrida asks is this: how can the potential of freedom to overcome be preserved without succumbing to teleology that informs it? The answer lies in the notion of future, which as (...) the simply uncontrollable cannot be situated in any history. However, Derrida‘s attempt to normatively fill the uncontrollable future by relying on Kant‘s practical philosophy and legitimise it as a form of the mind fails. The notion remains empty, as can be shown by setting the boundary against Nietzsche. Nietzsche‘s notion of Übermensch hints at modernity as a future that liberates it from the pressure of history. Nietzsche reflects the figure of overcoming without impoverishing it the way Derrida does.Der Beitrag diskutiert einen der späten Texte von Jacques Derrida. Der Text erlaubt es, Derrida als einen Denker der fortgeschrittenen Moderne zu interpretieren. Systematisch lässt sich die Moderne durch die Figur der Überwindung lesen, die sowohl im Sinne des Fortschritts als der Restauration verstanden werden kann. Derridas Frage lautet: Wie kann das Freiheitspotenzial der Überwindung beibehalten werden, ohne der in ihr liegenden Teleologie anheimzufallen? Eine Antwort ergibt sich durch den Begriff einer Zukunft, die als das schlechthin Unverfügbare in keiner Geschichte mehr situiert werden kann. Allerdings misslingt Derridas Versuch, diese unverfügbare Zukunft in Anlehnung an Kants praktische Philosophie normativ aufzuladen und als eine Form der Vernunft auszuweisen. Der Begriff bleibt leer, wie in Abgrenzung zu Nietzsche gezeigt werden kann. In Nietzsches Begriff des Übermenschen entwirft sich die Moderne auf eine Zukunft, die sie aus dem Zwang der Geschichte befreit. Nietzsche reflektiert die Figur der Überwindung, ohne sie, wie Derrida, zu entleeren.U prilogu se diskutira jedan od kasnijih tekstova Jacquesa Derride. Tekst dopušta interpretirati Derridu kao mislioca uznapredovale moderne. Sistematski je moguće modernu čitati kroz figuru prevladavanja, koja se može razumjeti u smislu napretka kao i restauracije. Derridino pitanje glasi: kako se može očuvati potencijal slobode prevladavanja, a da se ne podlegne teleologiji koja leži u njemu? Odgovor se nadaje u pojmu budućnosti, koja se kao ono jednostavno neovladljivo ne može više situirati ni u jednoj povijesti. No, propada Derridin pokušaj da tu neovladljivu budućnost normativno ispuni u osloncu na Kantovu praktičku filozofiju i legitimira je kao formu uma. Pojam ostaje prazan, kako se može pokazati u razgraničenju spram Nietzschea. U Nietzscheovu pojmu nadčovjeka nabacuje se moderna kao budućnost, koja je oslobađa prisile povijesti. Nietzsche reflektira figuru prevladavanja, a da je ne osiromašuje poput Derride. (shrink)

This article focuses on the blogosphere as an oppositional field where the meanings around contemporary Western women's singlehood are contested, negotiated and rewritten. In contrast to dominant narratives in which single women are pathologised, in the blogs by, for, and about single women analysed here, writers aim to refigure women's singleness as well as providing resources, support and a textual community where others can intervene and contribute to the re-valuation of single women. These blogs also function as alternative forms of (...) knowledge, seeking to (re)legitimise women's singleness and to trouble their aberrance and social liminality. Rather than only considering the form in isolation from its content, this article analyses the discourses deployed by bloggers and within blogs and how women bloggers publicly perform their very singleness as part of a personal and political strategy of re-signification. In this way, while cautious not to overestimate the democratic potentialities of the so-called blogosphere, it underscores the important cultural – and indeed political – work being undertaken by single women therein. Moreover, by demonstrating how these blogs use discursive tactics commonly associated with feminism's second-wave – women's consciousness-raising; identity politics; deploying and reiterating the famous feminist dictum: ‘the personal is political’; naming discrimination; and empathy and community-building – it argues that they are using so-called ‘new’ media for what is now problematically believed to be ‘old’ (feminist) politics. (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)