Volume 17, Issue 5, November 2020, Page 510-526.

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)

The increased governmental focus on happiness since the late 1990s, and particularly since the economic crash of 2008, has been informed predominantly by a conceptualisation of happiness promoted by the field of positive psychology, and adopted and developed in fields such as behavioural economics and more recently in fields such as neuroeducation. Concepts, or traits, associated with feeling happy or satisfied with our lives, such as resilience, are now promoted across both public and private domains as a means to improve (...) our quality of life, our productivity and our attainment. The promotion of this positive psychological notion of happiness in the context of education not only presents these traits as virtues of the productive learning citizen but also effects a delegitimisation of the negative. Analysis of curricula programmes, seen alongside the shift taken towards a focus on the individual as brain, highlights the pedagogical and political implications of this. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, they (...) cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

The New Realism Manifesto by Maurizio Ferraris criticises hermeneutics and postmodernism for their passive and conservative positions, claiming that they are responsible for having delegitimised all philosophical reflection on reality and ontology and favoured the affirmation of a “show-biz” society and a proprietary personalisation of politics. Gianni Vattimo answers this thesis, accusing realism of colluding both with the hierarchy of the powers-that-be and with technocracy and claiming the left-wing orientation of hermeneutics. But to be fair, Vattimo has noticeably changed his (...) own position with respect to the years of “weak Thought”, when every hypothesis of political intervention on reality and every project of transformation were excluded. Hermeneutics today merits being considered a sort of new and revolutionary “philosophy of praxis” in which a weakened Marxism joins up (improbably) with Nietzsche and Heidegger’s thought. Although bitter, the conflict between these positions, which openly claim an emancipationist orientation, is an indication of a process of radicalization of Italian philosophy that is also confirmed by the recent theses of other authors. However, in the absence of a rediscovery of that reality which more than any other has been obscured by postmodernism – the reality of work and the material processes of production and social reproduction – and in the absence of a real subject interested in an overall transformation of the contemporary world, the risk is that such radicalisation of the intellectual classes will stay incomplete and remain within a theoretical debate that is incapable of changing the imbalances and relations of subordination and dominion present in society. (shrink)

This paper employs Critical Discourse Analysis to examine resistance discourses as created by the Ahmadiyya followers – a self-defined sect of Islam – to argue against negative discourses undermining them in Indonesia. In some legal proclamations and statements delivered by state officials and the representatives of majority Muslims in the country, the followers of the sect, especially those affiliated to the JAI (Jemaat Ahmadiyya Indonesia) are excluded from Islamic community. By using Van Dijk’s ideological square, this study aims at identifying (...) resistance discourses created by the JAI followers as the defence strategies to oppose negative discourses presenting them as the non-believers of Islam. The resistance discourses are apparent in both written and spoken texts, such as books, articles, speeches, and public debates created by the sect. The finding reveals that the JAI followers create discourses of victim, defender of Islam, imperialism, illegitimacy, and discourse of public deception using various discourse strategies namely victimization, scare tactics, positive attribution, quotation, power delegitimising and negative portraits of misbehaving. (shrink)

Political realists exercise ideology critique to emancipate citizens from problematic beliefs concerning the legitimacy of their social order. They seek to unveil hidden conflict within apparent harmony. However, realists have so far neglected the opposite case in which erroneous beliefs delegitimise a social order, thus contributing to unrest and resentment. As a prototypical case for delegitimation, I will discuss the ‘big lie’ narrative that surrounds the 2020 presidential election in the United States. As I will argue, realist ideology critique is (...) currently underequipped to deal with these cases. To address this shortcoming, I propose a modification to the critical realist methodology. I will argue that realists should focus on unveiling self-serving, rather than merely self-justifying, political narratives. In line with a more practice-oriented approach to ideology critique, I will further sketch some implications for liberal democratic institutions that follow from taking delegitimation seriously. (shrink)

L. T. Hobhouse (1864–1929) is most familiar today as a leading theorist of British new liberalism. This article recovers and examines his overlooked commentary on the concept and rhetoric of race, which constituted part of his better-known project of advancing an authoritative account of liberal doctrine. His writings during and after the South African War, I argue, represent a prominent effort to cast liberalism as compatible with both imperial rule and what he called ‘the idea of racial equality’. A properly (...) liberal empire, he asserted, would dissolve the colour line. This article traces the arguments Hobhouse advanced to make this claim, and explores his motivations for doing so. I contend that Hobhouse drew on the idiom of race as a form of exclusionary rhetoric, to delegitimise rival accounts of liberal empire and to cast his own as properly cosmopolitan. This recovery, I suggest, offers payoffs for our understanding of both Hobhouse's political thought and, more broadly, the uses of ‘race’ in twentieth-century liberalism. (shrink)

Like many governments in this COVID-19 pandemic, the Nigerian government imposed a lockdown on the country. As a consequence of the lockdown, many businesses shutdown and effectively had no source of revenue. Yet, without receiving any bailout or palliatives from the government, these businesses are required to meet their tax obligations to the government. Bearing in mind that this time (COVID-19 era) is different, one wonders what is required of businesses in view of the taxation problem and the social contract (...) between the businesspersons and the government. In view of social contract obligations, in this COVID-19 pandemic should businesses pay tax to a government that seems to have delegitimised itself by its exploitative actions in terms of taxation and delinquent omission in terms of the provision of public goods and social services? The Nigerian government at all tiers (federal, state and local) seldom respect the essence of taxation. Therefore, businesses often pay tax for nothing. For many businesses, as far as taxation is concerned, to pay or not to pay? that is the question. This article is aimed at teasing out this taxation problem that may or may not be a moral dilemma. In view of certain ethical considerations, this article shows why in spite of social contract obligations, there is no consensus or canonical agreement on whether, as law-abiding citizens and juridical persons (legal entities), businesspersons and businesses ought to or ought not to pay tax to the Nigerian government in this COVID-19 pandemic. (shrink)

Using the taking of the knee by the England men's football team at Euro 2020, this paper looks at political reactions to anti-racist protest. The taking of a knee in other sporting contexts has been met by considerable opprobrium from right-wing politicians and been weaponised as part of a reactionary ‘culture war’ against calls for action to address systemic racial discrimination. This paper offers an analysis of Conservative politicians’ responses to the England players’ actions and to the subsequent negative reactions (...) of fans. After defining soft hate speech and conceptualising booing as a strategy of denial of racism, the analysis reveals three main discursive strategies: delegitimising the players’ protests by linking it to Black Lives Matter; agreeing with the goals of the protests but not the means; and calculated ambivalence towards those who booed. I then show how this allowing of soft hate speech was juxtaposed to a condemnation of hard hate speech. I conclude, firstly, that this relies on a thin understanding of racism as a discursive repertoire rather than as a system of power, and secondly, that the ambivalence towards the booing acted as a gateway for racism. (shrink)

Recent iterations in international legal thought of the debate over the transformative potential of law have tended to echo the long-standing assumption that radical movements, when they employ law-based tactics, do so in the same manner as reformist movements: they mobilise the legitimacy of law for short-term goals, only with more radical long-term goals in mind. However, movements such as the 2012 student strike in the Canadian province of Quebec demonstrate more diverse, creative engagements with law that openly mock the (...) legal system in an effort to simultaneously delegitimise the current legal order. This article argues that this movement’s approach is consistent with the notion of an ‘impudent’ use of law as politics but also extends it further to include ideas raised by this movement’s theatrical ‘over-compliance’ with law, through which the movement turned law itself into a public spectacle. The article examines instances of the state’s unprecedented mobilisation of the legal system to contain the student strike and the student strikers’ creative and subversive engagements with law in response, illustrating how the ideas thrown up by this movement can advance theoretical discussion in legal scholarship about law’s transformative potential. (shrink)

A crucial imperative for decolonial praxis in the liberal settler colony is to radically delegitimise the prevailing social order. This is regarded as necessary to achieving genuinely decolonial forms of social transformation rather than merely the ongoing modification of colonial rule. I propose here, however, that such objectives depend not simply on delegitimising the colonial regime as such, but also on finding ways to expose and challenge its resources of legitimating power, that is, the capacity to shape and reshape perceptions (...) of legitimacy in the public sphere, and thus render legitimacy a moving rather than static target for opponents. I explore, here, the potential for a basic democratic grammar of contestation to be utilised in this task. The promise of such a grammar lies in its permanent availability to problematise rule arranging powers in the public sphere, and thus work to expose their unjustified nature. It also carries a threat, however, in that its public activation always arouses a broader array of normative forces, some aspects of which might oppose or undermine decolonial objectives. Whilst the democratic grammar holds promise for challenging liberal legitimating power, then, it must also be treated with caution from a decolonial perspective. (shrink)

Relativism issues occur in a context characterised by the resurfacing of culturalism and attempts to substitute historical causality based on class struggles with a new causality based on great cycles of civilizations and culture clashes. Symptons include rejection of class struggle, biologisation and culturalisation of social inequalities, and denial of universal values—all linked to the delegitimisation of emancipatory reason, which supposes an ethical approach to social and global issues. In Europe, from the end of the nineteenth century to the (...) beginning of the twentieth, destruction of reason and the neglect of universal values by institutions of capitalism led to the barbaric conquest of non-European societies. In these societies, emancipatory reason and philosophies of freedom have an important role to play in social redemption. The major challenge they face is how to help man free himself from the intolerable universe of constraint (determined by relativism), and bring him to a level of consciousness where freedom of choice is possible. This entails the rehabilitation of universal values and the inscription of the ethics of responsibility at the core of any vision of an alternative modernity. (shrink)

ABSTRACTUsing a frame analysis approach this paper examines how The Irish Times and the Irish Independent portrayed public sector workers during Ireland's economic crisis. Using a sample of coverage from 2009 and 2010 it discusses the five media frames identified in this analysis, three of which were hegemonic and two of which were counter hegemonic. In this paper, I argue that coverage of the public sector by each newspaper was imbalanced and inaccurate. This paper also finds that both newspapers were (...) strong advocates of austerity cutbacks in the public service as a solution to Ireland's financial crisis, frequently representing this idea as ‘fact’ while simultaneously delegitimising those opposing this viewpoint. (shrink)

This paper analyses Australian policy makers’ use of quantification and technologies of government to implement the project of Australian wheat export market liberalisation. I draw upon policy documents to analyse how quantification has been used to construct a simplified, governable conception of the wheat industry. Policy makers, I suggest, acted upon this constructed reality through assemblages of technologies such as performance objectives, audit, cost-benefit analysis and econometric modelling to facilitate wheat export market deregulation. In addition, this paper shows how quantification (...) was used to delegitimise the social consequences of deregulation and marginalise farmers’ opposition to this shift. Thus, the erasure of the social world enabled policy makers to construct economic objectives such as efficiency and productivity as serving the national interest. (shrink)

This article examines representations of Mermaids, a charity that supports trans young people and their families, in the British press. Using corpus-assisted critical discourse analysis, we identify and chart patterns in reporting between Mermaids’ inception as a charity in 2015, and 2022, a turbulent year for both the charity and trans people in the UK more generally. The findings show that, in the early years, there is relatively little attention to Mermaids in the press. Where they are mentioned, the charity (...) is represented as a useful source of advice and support, and their service users as happy and united. However, 2018 represents a turning point, with increasingly negative and misleading portrayals of Mermaids coinciding with a rise in public interest and funding. By 2019, media interest in the charity has surged and the impression of Mermaids as a support group for families is supplanted by the image of a powerful, dangerous and controversial organisation. We argue that the increasingly excessive, negative and polarised reporting around Mermaids is a strategy for indirectly delegitimising and attacking the lives of trans young people themselves. In a burgeoning culture war, Mermaids is used as a weapon against the very people they seek to support. (shrink)

The paper aims to complete the epistemological opposition of genesis and validity by discussing two types of their interconnection. On the one hand, it deals with genealogical arguments in the context of practical reasoning. This applies for positive justification (e.g. by tradition) as well as for negative delegitimisation (for instance Nietzsche’s genealogical critique of morality). On the other hand, it is about the hermeneutic explication of signification. Historical reflection offers ways to understand the meaning of an institution, the (perhaps (...) hidden) signification of a thesis or a tradition. An informative paradigm thereof is the self-understanding of philosophy concerning its own issues and definition. (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)

While nationalism as a mental model that can be represented in text and talk, it has not been sufficiently examined in discourse studies. This study examines the discourse of nationalism in spoken texts of an elite cohort of Chinese speakers at the World Economic Forum. Through methodological integration of nationalism with the socio-cognitive approach anchored in critical discourse analysis, this study examines the structures of ‘national-We’ and ‘foreign-Others’ pervading discourse and linguistic levels with reference to China-specific origins of nationalistic ideology. (...) By scrutinising appraisals, referential nouns/pronouns and value-laden metaphors as linguistic realisations, this study reveals three nationalistic discourses: an economic-leadership discourse for Self, a deterrent/delegitimisation discourse regarding Others’ threatening actions/views, and a common-community Self discourse that aims to solidify more countries with China in a common community with shared interests and future. The study suggests there is value in integrating sociology-oriented conceptual/theoretical tools with the socio-cognitive approach in disclosing latent ideological configurations. (shrink)

The question that faces communities today has to do with who belongs and who has the right to claim certain identity markers. In contemporary United States of America, whiteness stands as an idol unto itself for it seeks to delegitimise all other identity markers except those it has given legitimacy, and which serve its own interests. One cannot deconstruct whiteness as a racial construct unless one sheds light on its origins and how it continues to validate itself in society. A (...) valid response to the idol of whiteness is to embrace a eucharistic identity; one that speaks of the human as a being radically defined by ethical solidarity with others. (shrink)