This paper is concerned with how we ought to think about legitimate expectations in the non-ideal, ‘real’ world. In one (dominant) strand of contemporary theories of justice, justice requires not that each gets what she deserves, but that each gets that to which she is entitled in accordance with what Rawls calls ‘the public rules that specify the scheme of cooperation’. However, that is true only if those public rules are part of a fully just scheme and it (...) is plausibly the case that no such scheme obtains in the real world. Given that, and given the centrality of legitimate expectations to theories of justice, it is vital to think about the status of such expectations in non-ideal circumstances. Having explained the sense in which legitimate expectations have come to play a role often previously associated with desert, a brief argument in favour of an ‘expectations’ view of punishment is considered to show that the system to public rules that generates expectations must itself be (in some sense) just. This argument is illustrated by appeal to just punishment and the relevance of thinking about punishment and not merely distributive justice is defended. In the absence of justice, one possibility would be simply to declare that there are no legitimate expectations and so theories of justice provide no guidance as to who should get what in non-ideal conditions. However, this would be to render such theories more-or-less useless in practice. Through discussion of a series of vignettes, the paper offers an account of how we might think about the demands such expectations place on the systems that give rise to them even in cases where the system is unjust. (shrink)

Recent scholarly attention to ‘legitimate expectations’ and their role in legal transitions has yielded widely varying principles for distinguishing between legitimate and non-legitimate expectations. This article suggests that methodological reflection may facilitate substantive progress in the debate. Specifically, it proposes and defends the use of a wide reflective equilibrium methodology for constructing, justifying and critiquing theories of legitimate expectations and other kinds of normative theories about legal transitions. The methodology involves three levels of (...) analysis — normative principles, their theoretical antecedents, and considered judgements about their implications in specific cases — and iteration between these three levels in an effort to ensure coherence. The payoffs from applying this methodology to the legitimate expectations debate are illustrated through a discussion of examples from the existing literature. Some proposed innovations to the methodology, including the incorporation of insights from the ideal/non-ideal theory debate, are likely to be of wider interest to political theorists. (shrink)

This article argues against privileging the expectations of settlers over those of dispossessed peoples. I assume in this article that historical rights to occupancy do not persist through all changes in circumstances, but a theory of justice should reduce perverse incentives to unjustly settle on land in hopes of legitimating occupancy. Margaret Moore, in her 2015 book, A Political Theory of Territory, tries to balance these intuitions through an argument based on legitimate expectations. I argue that Moore’s (...) attempt to reduce perverse incentives (through expectation-altering institutional design) fails. Moore unduly privileges settler expectations, especially over those of indigenous peoples. I criticize United States court decisions resurrecting the expectations of past settlers in the allotment era (which share structural features with Moore’s arguments). Lastly, distinguishing between ‘final’ supersession of historical injustice through changing circumstances, and ‘dormant’ supersession, shows how indigenous claims to land and jurisdiction may revive. (shrink)

It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate (...) class='Hi'>expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. -/- This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses. (shrink)

Expectations play an important role in how people plan their lives and pursue their projects. People living in highly industrialized countries share a way of life that comes with high levels of emissions. Their expectations to be able to continue their projects imply their holding expectations to similarly high future levels of personal emissions. We argue that the frustration or undermining of these expectations would cause them significant harm. Further, the article investigates under what conditions people (...) can be thought to hold legitimate expectations, in particular about permissible levels of future emissions. We distinguish differing theories of understanding these conditions, namely authority-based and justice-based theories, that each allows us to systematically distinguish between legitimate and illegitimate expectations. Furthermore, with respect to individuals’ future permissible emissions we give several reasons for holding that such theories cannot identify a particular expectation to a specific level of personal emissions as the only legitimate one. Finally, we argue that the set of legitimate expectations that people hold with respect to a just and effective solution to climate change has normative significance in at least two ways: the differing but equally legitimate expectations ought to be taken into account when justifying what could count as such a solution and when determining the just way of arriving at and implementing such a solution. (shrink)

This paper focuses on land as a domain in which legitimate expectations can give rise to entitlements. The central argument is that people are connected to other people and to projects, which are symbolically and materially rooted in particular places. This gives rise to an interest – an interest that is sufficiently weighty that it imposes obligations on other people – to protect stability of place. There are two ways in which legitimate expectations structure argument about (...) land. It justifies liberty rights to remain in a place, and not be removed or expelled from it, independently of the coercion that often accompanies forcible expulsion, and argue for rights of return as a second-order right when this right has been violated. I also argue that passage of time in a changed context can affect people’s legitimate expectations, and so their entitlements. (shrink)

Do people morally deserve what they earn in the market? More specifically, can people legitimately claim to deserve what they earn in the market in a way that counts against redistributing those earnings? As most liberal political philosophers do, I argue that the answer is no. Unlike many of these philosophers, however, I do not focus on whether or not people can be deserving. Instead, I focus on the relationship between social institutions and moral desert, and advance two claims. First, (...) in the market, desert claims are undermined by the very nature of the market even if people can be deserving in general. Second, part of the intuition that motivates accounts of moral desert may be explained instead with reference to a principle of fairness that demands the fulfillment of people's legitimate expectations as to what they will receive, and this principle places much weaker restrictions on redistributive policies than do claims of moral desert. (shrink)

To be a conventionalist about a specific obligation or right is to believe that the obligation or right is dependent on the existence of a social practice. A conventionalist about property, for example, believes that a moral right to property is generated by conventional norms rather than by any natural right. One problem with dominant conventionalist theories is that they do not adequately justify conventional moral claims. They can justify why it is wrong to steal, for example, but they do (...) not justify the claim that you have on me to not steal from you. As a remedy, this article develops and defends the Principle of Legitimate Expectations. Suggested by John Rawls, this principle grants individuals a moral claim to what the rules of morally justified practices entitle them. This article addresses common objections to the principle to show how it can ground a wide range of conventional moral claims. (shrink)

That government agencies and public bodies can be liable for damages when they induce and then frustrate people’s legitimate expectations is an important and distinctive feature of administrative law in Europe. This article sets out to establish a set of moral principles and ideals that might justify this legal institution. The notion of security of expectations found in the work of utilitarian writers provides a starting point. Having examined the strengths and weaknesses of this approach, I then (...) turn to consider an alternative argument based on finding a solution to the problem of credible commitments. Finally, I look for suitable moral arguments in the liberal and Kantian political theorising of John Rawls. I argue that if we see the function of the rule of law as not merely to maximise aggregate utility and to make policymakers’ decisions seem credible but also to ensure Justice as Fairness for individuals, then this provides a more robust and satisfactory way to justify the liability of public bodies for legitimate expectations they induce and then frustrate. (shrink)

What does the growing tide of displaced persons today teach us about the ongoing paradoxes of human rights regimes, which rely on the particular sovereignty of nation-states for their constitution and application but are framed and normatively justified as universal? Working with Arendt’s defense of ‘the right to have rights’ in response to the problem of statelessness which is the practical lynchpin of these historical and theoretical tensions, I specify that and why any person on earth, regardless of their legal (...) status as a national or resident or non-resident alien, can legitimately expect two things from the political community in which they reside: hospitality and membership. (shrink)

The article discusses the issue of realisation of the principles of legitimate expectations, legal certainty and legal security in the specific area of administrative activity – detailed territorial planning process. During this long and complex process, it is very important to ensure the protection of personal constitutional rights and guarantee the security of legitimate expectations, legal certainty and other essential principles. The article analyses the circumstances conditioning violation of the principles of legitimate expectations, legal (...) security and legal certainty and provides suggestions on the improvement of legal framework in order to avoid these violations. (shrink)

In this short introduction, we will briefly sketch some central features of the problem of legitimate expectations and then lead over to the papers of our special issue.

An increasing portion of contemporary politics revolves around a set of claims made by those (typically derisively) referred to as NIMBYs. Despite its practical significance, NIMBYism has not received significant attention in academic philosophy. I attempt a charitable but limited reconstruction of NIMBYism in terms of legitimate expectations. I argue that, despite NIMBY expectations being somewhat vague and at least moderately unjust, they may be legitimate. This does not imply that they are decisive, or entail a (...) conclusion about their overall normative force. I close by developing some tentative details in institutional design, focusing on the possibility of monetary compensation as a way of recognizing, but limiting the force of, NIMBY expectations. (shrink)

Journal of Political Philosophy, EarlyView.

Debates concerning digital automation are mostly focused on the question of the availability of jobs in the short and long term. To counteract the possible negative effects of automation, it is often suggested that those at risk of technological unemployment should have access to retraining and reskilling opportunities. What is often missing in these debates are implications that all of this may have for individual autonomy understood as the ability to make and develop long-term plans. In this paper, I argue (...) that if digital automation becomes rapid, it will significantly undermine the legitimate expectation of stability and consequently, the ability to make and pursue long-term plans in the sphere of work. I focus on what is often taken to be one of the main long-term plans, i.e. the choice of profession, and I argue that this choice may be undermined by the pressure to continuously acquire new skills while at the same time facing a diminishing range of professions that one can choose from. Given that the choice of profession is significant for not-work related spheres of life, its undermining can greatly affect individual autonomy in these other spheres too. I argue that such undermining of individual planning agency constitutes a distinctive form of harm that necessitates a proactive institutional response. (shrink)

The article responds to an overlooked objection put by Allen Buchanan to John Rawls’s theory of justice: that implementing the Difference Principle over time may require gross and frequent disruptions of people’s framing and execution of long-term plans. Having strengthened Buchanan’s objection to resolve significant weaknesses in his main counterexample, I argue that the best response to this objection draws on the concept of the rule of law, specifically, the legal doctrine of legitimate expectations, which can be found (...) in English, French, and European Union administrative law. I also explore the suitability of incorporating this doctrine into Justice as Fairness given its absence in United States constitutional and administrative law. Finally, I turn to consider the question of what the government owes to agents in whom legitimate expectations are induced and then frustrated. Here I introduce the Precept of Administrative Liability. (shrink)

Meritocracy is gaining momentum in public discourse, being close to the determinants of people’s demand of social justice. Conversely, in Academia meritocracy is the object of harsh critiques. The meritocratic rhetoric brings people to overlook the factors which contributed to their success over their individual actions, legitimating socioeconomic inequalities. Recently, it has been argued that market-driven societies foster the problems related to meritocracy. The concept of merit, conceived as the value of the individual contribution to the common good of society, (...) is absorbed by market value. While we share the concerns on meritocracy, we question the idea that those are necessarily connected to the market sphere. To prove that, our paper digs in the theological roots of the concept of merit to better understand meritocracy. We inquire Pelagius–Augustine debate on human merit and salvation, and its influence on Rawls’s critique of meritocracy. We base on the “Augustinian” Rawls our argument that market is not a meritocratic domain, but that in market there is space for merit conceived as ‘legitimate expectations.’ Our aim is to prove that merit can find some space in market societies without incurring in the problems of meritocracy. (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 141-159.

To avoid the disastrous effects of climate change, a rapid and drastic transition toward a low-carbon society and economy is required. This transition imposes significant transitional losses on some agents given the benefits they can no longer realize. In economic terms, it leads to the stranding of their assets. This article investigates whether fossil fuel owners could refer to their expectations about the benefits of producing their reserves to justify transitional measures such as exemptions from new rules or financial (...) compensations. It criticizes forward-looking views on the normative relevance of expectations and defends a backward-looking view, which justifies limited claims. It contends that states that are responsible for creating false expectations about regulatory stability should provide compensations to fossil fuel companies for the costs of relying on those expectations. States can be held responsible if they caused this expectation-related harm in a foreseeable and avoidable way, which is only the case if the expectation is reasonable and if they were not put under pressure by the lobbying activities of the fossil fuel industry. (shrink)

The article offers a reconstruction of John Rawls views on political legitimacy, from A Theory of Justice to his late writings on political liberalism. It argues that Rawls had three conceptions of legitimacy, not two as one might expect based on the distinction between his two major works. Its argument is that the most radical change in Rawls’ thinking about legitimacy occurs in ‘Introduction to the Paperback Edition’ and ‘The Idea of Public Reason Revisited’. Here Rawls assumes that there can (...) be a reasonable pluralism not only of comprehensive doctrines, but also of political liberal conceptions of justice. As a consequence, the standard of political legitimacy is no longer specified as sufficient justice relative to justice as fairness, but instead as sufficient justice relative to a family of political conceptions of justice – a family which in turn is animated by an ideal of public reasoning about constitutional matters and matters of basic justice. The article also shows how Rawls’ late ideal of public reason is grounded in the need for legitimate constitutional government. (shrink)

Promoting interpersonal helping among coworkers is an important aim for any organisation that cares about employee well-being. Drawing on guilt aversion hypothesis, this research focuses on the power of social expectations in promoting prosocial behaviour among employees and investigates the role of anticipated guilt for failing to meet coworkers’ expectations. In two preregistered studies, the effect of beneficiary expectation on benefactors’ anticipated guilt and intention to help was investigated. In Study 1, Japanese participants (n = 284) recalled a (...) situation when they helped a coworker spontaneously, and evaluated perceived beneficiary expectation to receive help, as well as anticipated guilt for not helping. Beneficiary expectation positively predicted anticipated guilt, and the effect was stronger when the beneficiary was a same-status colleague, and when interpersonal helping frequency in the organisation was low. Study 2 (n = 499) employed vignettes and manipulated beneficiary expectation. A mediational model revealed that beneficiary expectation leads to more anticipated guilt for not helping, which, in turn, increases employees’ intention to help. Together, these studies show that employees are sensitive to their coworkers’ expectations, and guilt-averse; therefore, interpersonal helping among employees may be promoted by establishing legitimate expectations of prosociality in the workplace. (shrink)

Progress in machine learning and artificial intelligence has spurred the widespread adoption of automated decision systems (ADS). An extensive literature explores what conditions must be met for these systems' decisions to be fair. However, questions of legitimacy -- why those in control of ADS are entitled to make such decisions -- have received comparatively little attention. This paper shows that when such questions are raised theorists often incorrectly conflate legitimacy with either public acceptance or other substantive values such as fairness, (...) accuracy, expertise or efficiency. In search of better theories, we conduct a critical analysis of the philosophical literature on the legitimacy of the state, focusing on consent, public reason, and democratic authorisation. This analysis reveals that the prevailing understanding of legitimacy in analytical political philosophy is also ill-suited to the task of establishing whether and when ADS are legitimate. The paper thus clarifies expectations for theories of ADS legitimacy and charts a path for a future research programme on the topic. (shrink)

Many people living in highly industrialised countries and elsewhere emit greenhouse gases at a certain high level as a by-product of their activities, and they expect to be able to continue to emit at that level. This level is far above the just per capita level. We investigate whether that expectation is legitimate and permissible. We argue that the expectation is epistemically legitimate. Given certain assumptions, we can also think of it as politically legitimate. Also, the expectation (...) is shown to be morally permissible but with major qualifications. The interpretation of the significance of the expectation is compatible with the understanding that historical emissions should count in terms of fairly distributing the benefits of emission-generating activities over people’s lifetimes but constrains the way in which we may collectively respond to climate change. (shrink)

“Complexity sciences” are an interdisciplinary and transnational domain of study that aims at modeling natural and social “complex systems.” They appeared in the 1970s in Europe and the United States, but were boosted in the mid-1980s by the Santa Fe Institute (SFI) under the formula of “science of complexity.” This small but famous institution is the object of the present article. According to their promissory ambitions and to the enthusiastic claims of some scientific journalists, complexity sciences were going to revolutionize (...) all of knowledge and even private and public actors who had learned to master them. In the light of this, one would expect to observe a well-established and autonomous research and educational field, capable of reproducing itself through professional institutions. Yet this is not the case. To explain the paradox, I propose to combine different models of history and sociology of emergent and declining domains, in order to give account of the rise and failure of complexity sciences. (shrink)

This paper puts forward two claims about funding carbon capture and storage. The first claim is that there are moral justifications supporting strategic investment into CO2 storage from global and regional perspectives. One argument draws on the empirical evidence which suggests carbon capture and storage would play a significant role in a portfolio of global solutions to climate change; the other draws on Rawls' notion of legitimate expectations and Moellendorf's Anti-Poverty principle. The second claim is that where to (...) pursue this strategic investment poses a morally non-trivial problem, with considerations like near-term global distributive justice and undermining legitimate expectations favouring investing in developing regions, especially in Asia, and considerations like long-term climate impacts and best uses of resources favouring investing in the relatively wealthy regions that have the best prospects for successful storage development. [Open access]. (shrink)

While the energy transition is needed more than ever, for some agents it brings significant losses. This article investigates whether fossil fuel owners could refer to promises to avoid having their assets stranded. It explains how authors, in the context of just transitions, have argued for the normative relevance of Rawlsian legitimate expectations, which refer to promissory entitlements. However, it argues that the normative relevance of promises towards fossil fuel owners is limited, because there are only few promises (...) about what will be permissible in the future and because these promises should be just before they can lead to entitlements. (shrink)

Respect for autonomy and beneficence are frequently regarded as the two essential principles of medical ethics, and the potential for these two principles to come into conflict is often emphasised as a fundamental problem. On the one hand, we have the value of beneficence, the driving force of medicine, which demands that medical professionals act to protect or promote the wellbeing of patients or research subjects. On the other, we have a principle of respect for autonomy, which demands that we (...) respect the self-regarding decisions of individuals. As well as routinely coming into opposition with the demands of beneficence in medicine, the principle of respect for autonomy in medical ethics is often seen as providing protection against beneficial coercion (i.e. paternalism) in medicine. However, these two values are not as straightforwardly opposed as they may appear on the surface. In fact, the way that we understand autonomy can lead us to implicitly sanction a great deal of paternalistic action, or can smuggle in paternalistic elements under the guise of respect for autonomy. -/- This paper is dedicated to outlining three ways in which the principle of respect for autonomy, depending on how we understand the concept of autonomy, can sanction or smuggle in paternalistic elements. As the specific relationship between respect for autonomy and beneficence will depend on how we conceive of autonomy, I begin by outlining two dominant conceptions of autonomy, both of which have great influence in medical ethics. I then turn to the three ways in which how we understand or employ autonomy can increase or support paternalism: firstly, when we equate respect for autonomy with respect for persons; secondly, when our judgements about what qualifies as an autonomous action contain intersubjective elements; and thirdly, when we expect autonomy to play an instrumental role, that is, when we expect people, when they are acting autonomously, to act in a way that promotes or protects their own wellbeing. I then provide a proposal for how we might work to avoid this. I will suggest that it may be impossible to fully separate paternalistic elements out from judgements about autonomy. Instead, we are better off looking at why we are motivated to use judgements about autonomy as a means of restricting the actions of patients or research subjects. I will argue that this is a result of discomfort about speaking directly about our beneficent motivations in medical ethics. Perhaps we can reduce the incentive to smuggle in these beneficent motivations under the guise of autonomy by talking directly about beneficent motivations in medicine. This will also force us to recognise paternalistic motivations in medicine when they appear, and to justify paternalism where it occurs. (shrink)

The paper offers a modelling of the sense of justice as it is displayed in ordinary situated disputes. While this model accounts for a plurality of legitimate forms of evaluation which are used in the process of critique and justification, it escapes a relativism of values by demonstrating that all these forms satisfy a set of common requirements. The reasonable character of the everyday sense of justice is also anchored in a reality test involving the engagement of objects which (...) qualify for a certain form of evaluation. The paper discusses this model in relation to competing theories of justice, and models of social action and interaction. (shrink)

The early theology of Karl Barth exhibits a seemingly incongruous emphasis on concepts like “origins” and “memory,” which would seem to suggest a point of contact between God and humanity. Although memory and anticipation are both ambiguous and tend towards self-reference, this article suggests that revelation is mediated through this ambiguity in Barth's theology through the early 1930s. Recollection can legitimately function as the basis of individual and ecclesial anticipation only when it is interpreted through the lens of the character (...) of God. Although this language largely disappears by the Church Dogmatics, this article argues that the early tension between memory and anticipation is gradually eclipsed but remains a crucially neglected foundation to Barth's later thought. (shrink)

In a recent paper, Björn Lundgren and H. Orri Stefánsson (forthcoming) present three objections to normic de minimis expected utility theory (NDEUT) – a decision theoretic framework defended in Smith (2024). In this paper, I respond to these objections and outline some possible ways in which NDEUT might be modified or further developed. Like any de minimis framework, NDEUT employs a risk threshold to sort possibilities into those that must be considered when making a decision, and those that can be (...) legitimately ignored – the so-called ‘de minimis risks’. While this threshold would usually take the form of a probability value, in NDEUT the de minimis risks are identified instead on the basis of their abnormality. In the first section I will set up some of the formalism used in NDEUT and consider Lundgren and Stefánsson’s first objection – which is essentially formal in nature. In the second section I will delve further into the interpretation of NDEUT and consider the second and third objections, which turn on particular examples. (shrink)

This paper develops a future-oriented and person-centred normative argument based on expectancies that is immune to most of the problems identified in the rights of future persons. The argument unfolds in four parts. The first draws on the notion of expectancies present in inheritance law and maintains that it is possible to formulate a rule of prospective beneficiaries that correlates with entitlements and legitimate claims without necessarily acquiring the status of rights. The second extends expectancies to future persons and (...) concludes that the latter can be considered present holders of such currently binding entitlements. The third section raises the question of whether democracies are bound to a principle of fidelity towards expectancies in such a way that outweighs current people’s rights in cases of conflicts. The response does not prove particularly future-beneficial in such cases. However, section four clarifies why expectancies still carry a crucial moral weight in democracies, one that is not sufficiently established by depersonalised forms of future-oriented ethics. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 190-227, May 2022. There is a sense of fairness that is distinctive of markets. This is fairness among economic competitors, competitive fairness. We regularly make judgments of competitive fairness about market participants, public policies and institutions. However, it is not clear to what these judgments refer, or what moral significance they have. This paper offers a rational reconstruction of competitive fairness in terms of non-domination. It first identifies competitive fairness as a (...) distinctive claim, advanced within markets in turn characterized as antagonistic, instrumental and procedural. It distinguishes competitive fairness from a number of familiar ideals with which it might be confused: legitimate expectation, equality of opportunity, sporting fairness and economic efficiency. While many exponents likely assume competitive fairness can be explained in terms of one of these ideals, in each case there are significant objections to doing so. Instead, the paper argues that the most promising justification of competitive fairness is under the republican ideal of non-domination, which can reconstruct many of the intuitive judgments of competitive fairness that we make in particular cases. However, it concludes, this explanation makes it difficult for exponents to continue to emphasize competitive fairness, given diverse other risks of domination, and to other values, in markets. (shrink)

Conflicting social expectations in a particular state affect the interpretation and implementation of international human rights law. Ideological, religious, and legal factors related to the protection of freedom of religion or belief (FoRB) and freedom from discrimination based on sexual orientation and gender identity (SOGI) in Ukraine put businesses under social pressure. Businesses thus face a legitimate dilemma whether to follow national social expectations perceiving FoRB and freedom from discrimination based on SOGI as rights in conflict or (...) expectations arising from international human rights law establishing both freedoms as equal and non-clashing. Based on desk research and in-depth interviews with business policymakers the article identifies neutrality, ignoring, and active engagement strategies when providing corporate respect to FoRB and SOGI under the business and human rights framework ‘Protect, Respect, Remedy’ which requires responsible business conduct. The article concludes with the implications each strategy has for resolving presumed clashes between FoRB and SOGI at the community level. (shrink)

The traditional concept of sovereignty is largely independent of democratic legitimacy and completely indifferent to any obligation towards non-national citizens. But can this traditional concept meet the normative expectations of a post-traditional understanding of political authority as well as the challenges of an ever more interconnected world? In order to respond to this question, the Article analyzes the conceptual presuppositions that lie at the basis of the notion of “sovereignty,” first regarding its sources, and second regarding the ideas of (...) rationality that are applied when sovereign actors operate. As far as the sources of sovereignty are concerned, it is argued that both of them - the “ascending” and the “descending” - although decisive for determining the quality of the legitimacy of political power, have little influence on a positive attitude of sovereigns towards aliens’ interests. To clarify the conditions for an opening of sovereign powers to solidarity, an assessment of the rationalities which are implemented when a sovereign puts actions into effect is therefore required. Yet most rationality concepts - or uses of practical reason - prove to be negative or at least useless when it comes to the question of supporting solidarity: the gamut ranges from open hostility towards the idea of taking the interests of aliens into account, through substantial indifference, to a positive approach which presupposes, however, non-provable metaphysical assumptions or an individual mindset with no pretension of issuing norms of general validity. Only the communicative conception of reason meets the criteria for a convincing justification of solidarity towards aliens as an obligation. The author therefore concludes that only an “ascending” sovereignty based on a communicative understanding of rationality can be considered fully legitimate insofar as the sovereign power, in this case, first originates from the will of the citizens and, second, is morally, politically and legally obliged to a solidaristic attitude towards the justified interests of non-citizens. (shrink)

Destacamos el balance ugarteano de la contribución histórica del modernismo hispanoamericano. El lugar que ocupa la llamada “generación de Darío” en la historia intelectual de América Latina es significativo por su papel determinante en la construcción de la figura del intelectual latinoamericano. La dinámica estatuida por la modernización continental a fines del siglo XIX y principios del XX promovió la autonomización del campo literario. Este hecho produjo una serie de modificaciones de la práctica de los intelectuales que operó como condición (...) de posibilidad de un discurso que acentuó las expectativas acerca de la eficacia histórico-política de la escritura científica, filosófica y literaria. Analizamos los tópicos en torno de los cuales se construyeron aquellas expectativas a la luz del balance que realizara el escritor argentino Manuel Ugarte en dos textos tardíos como El dolor de escribir (1933) y Escritores iberoamericanos de 1900 (1943). We emphasize the ugartean balance of the historic contribution of the Spanish-American modernism. The place that occupies the so called “Generation of Darío” in the intellectual history of Latin America is significant by its determining role in the building of the figure of the Latin-American intellectual. In the late nineteenth and early twentieth century the dynamic chartered by the continental modernization promoted the autonomization of the literary field. This fact produced a series of modifications of the practice of the intellectuals that operated as a condition of possibility of a speech that accentuated the expectations about the historical and political effectiveness of scientific, philosophical and literary writings. We analyze the topics around which those expectations were built in the light of the balance that was carried out by the argentine writer Manuel Ugarte in two late texts, The pain of writing (1933) and Latin American Writers of 1900 (1943). (shrink)

A legitimate expectation in a liberal democracy is that public officials enforce the law regardless of its content; when they don’t do so, their actions tend to be publicly condemned. This expectation puts street-level bureaucrats in a moral dilemma when they consider that a certain law is unjust: either they don’t enforce the law and violate their duties to the citizenry, or they enforce it and become complicit in injustices. This paper argues for the legal permission of public officials (...) to disregard legal mandates for moral reasons. Call it official disobedience. Contrary to common intuitions, I show that official disobedience would foster the principles of and improve governance in liberal democracies: it accommodates public officials’ personal autonomy and yields three main democratic benefits. First, information about the outcomes of the law would become available for lawmakers; second, in the aggregate, it would protect citizens from injustices; third, it would improve the moral character of bureaucrats. (shrink)

Defining "terrorism" as the intentional targeting of non-combatant civilians, the paper argues that, other things being equal, it is not possible to effectively distinguish morally between "terrorism" and use of military power against combatant targets which might reasonably be expected to produce some guesstimable quantity of "collateral" or non-combatant civilian casualties; that it is upon the expected likely consequences of actions rather than upon the intentions underlying them, that actors should be morally judged. Furthermore I argue that other attempts to (...) rationalize the use of conventional military force, as retaliatory for prior "terrorist" actions, or as preemptive, also often largely fail either on historical grounds or pragmatic grounds. (shrink)

Well known as a theorist of law as well as the main drafter of the 1920 Austrian Constitution, Hans Kelsen's contribution to political theory has been paid considerably less attention. Yet not only do his writings on politics offer a significant picture of the 1920s political dilemmas of both the German Weimar Republic and post- war Austria, they also can be of considerable importance for contemporary political theory in as far as Kelsen opens up new perspectives on the links between (...) ethical principles and political institutions. Political institutions rest on ethical principles that define the legitimate expectations that citizens nourish towards them. Such a relationship becomes manifest when claims are raised in public communication. The article aims to sketch the key aspects of Kelsen's political theory, to highlight the historical context in which it was developed, and to highlight the insights that it promises for current political research. (shrink)

According to the general rule explaining apparent authority, if the behaviour of a principal gives reasonable grounds for the third party to think that the principal has appointed the other person to be his agent, contracts concluded by the third party in the principal’s name shall be binding on the principal, notwithstanding the fact that the agent was not authorised by the principal to conclude particular contracts. In the absence of evidence of apparent authority the agent shall have to redress (...) the damage incurred on a third party in cases where the third party was not aware, and was under no obligation to be aware, of circumstances that the person acted in other person’s name without their express authorisation or in excess of their authority. The principal shall be liable for actions of the apparent agent if the following three requirements are proven: words or conduct of the principal caused the impression of authority; third party could reasonably presume the existence of sufficient authority; third party acted in good faith. The third party’s legitimate expectations must be aligned with the principal’s will in order to apply the doctrine of apparent authority efficiently. (shrink)

Biomedical researchers claim there is significant biomedical information about humans which can be discovered only through experiments on intact animal systems (AMA p. 2). Although epidemiological studies, computer simulations, clinical investigation, and cell and tissue cultures have become important weapons in the biomedical scientists' arsenal, these are primarily "adjuncts to the use of animals in research" (Sigma Xi p. 76). Controlled laboratory experiments are the core of the scientific enterprise. Biomedical researchers claim these should be conducted on intact biological systems, (...) whole animals. By observing the effects of various stimuli in non-human animals, we can form legitimate expectations about the likely effects of these stimuli in humans. Perhaps more importantly, we can understand the biomedical condition's causal mechanisms. (shrink)

This introduction and the contributors to this volume advance the debate on the normative relevance of historical injustice. This introduction shows that discussions on this topic should consider four aspects: first, the temporal dimension of justice; second, the connection between current claimants for reparations and the putative duty-bearers with the original perpetrators and victims of historical injustice; third, how changes in circumstances might affect what is considered just; and fourth, the appropriate form of reparation. The introduction provides an overview of (...) the contributions made by Zara Goldstone, David Heyd, Daniel Loewe, Michael Luoma and Margaret Moore, Macarena Marey and Alejandro de Oto, and David Miller. Michael Luoma and Margaret Moore argue that historical territorial injustice is somehow unique, and present a comprehensive comparison between forward-looking and backward-looking approaches. Macarena Marey and Alejandro de Oto argue that historical injustices should be seen as contemporary issues. David Heyd’s contribution posits that the non-identity problem cannot be circumvented by appealing to groups. Daniel Loewe contends that the legitimate expectations of contemporary citizens should take precedence over historical claims for the restitution of territory. David Miller assesses when and why the way in which victims of historical injustice respond to its effects is relevant to the calculation of compensation. Finally, Zara Goldstone argues that migration rights should be considered part of the reparations offered by former colonising countries to their former colonies. (shrink)

This paper examines the conflict between conventional and non-conventional moral obligations by focusing on the specific case of political lies. It argues that political candidates are under a conventional obligation to try and win their election, and sometimes the most moral way to discharge this obligation involves lying. In such cases, candidates face a conflict between the conventional obligation to try and win and the non-conventional obligation to not lie. Oftentimes, candidates that face this conflict should lie because because voters, (...) contributors, staffers and political allies all legitimately rely on that candidate to try and win. To make this point, the paper defends a framework for understanding conventional obligations that applies far beyond the specific case of political lies. (shrink)

To improve on the argument presented by classical economists, many authors have tried to rely as much as possible on a value-free approach. In this paper, reasons to reject the propositions made by neoclassical economists are briefly recalled. We then turn toward Kirzner’s proposition which is to evaluate a policy, or a rule, according to the extent to which it promotes coordination. This proposition, however, must also be rejected because, if it introduces some dynamics in the picture, it is a (...) dynamics towards equilibrium, while real life, entrepreneurial dynamics can either be towards coordination or discoordination. Coordination is not monotonously linked to progress. It therefore appears preferable to rely on Hayek’s notion of order; a notion specifically designed to allow progress to take place, while maintaining a ‘satisfactory’ level of coordination. For such an order to prevail, any rule or policy deliberately introduced must be compatible with the existing order, that is, it must protect legitimate expectations. Following a reflection on the definition of ‘legitimacy’ we then reach the conclusion that the quest for a value-free welfare economics is lost, and that even the quest for a value-free economics will have, in a certain sense, to be left, or at least reconsidered.Afin d’améliorer l’argument présenté par les économistes classiques, beaucoup d’auteurs ont essayé de se reposer autant que possible sur une approche sans jugements de valeur. Dans cet article, nous rappelons brièvement les raisons de rejeter les propositions faites par les économistes néoclassiques. Nous nous tournons donc vers la proposition de Kirzner qui est d’évaluer une politique, ou une règle, par rapport à la manière dont elle promeut la coordination. Cependant, cette proposition doit aussi être rejetée car si elle introduit une dynamique dans l’analyse, c’est une dynamique du côté de l’équilibre, alors que dans la vie réelle, la dynamique entrepreneuriale peut initier plus de coordination ou plus de discoordination. La coordination n’est pas liée de manière monotone au progrès. Il apparaît aussi préférable de se rattacher à la notion d’ordre de Hayek, notion construite précisément pour permettre au progrès d’avoir lieu, tout en maintenant un niveau “satisfaisant” de coordination. Pour qu’un tel ordre existe, toute règle ou politique délibérément introduite doit être compatible avec l’ordre existant, c’està- dire, qu’elle doit protéger les anticipations légitimes. Après une réflexion sur la définition de “légitimité”, nous arrivons à la conclusion que la quête d’une science économique du bien-être sans jugement de valeur est un échec, et que la quête d’une science économique sans jugement de valeur doit être, dans un certain sens, abandonnée ou au mieux reconsidérée. (shrink)

The past 10 years have seen considerable developments in the use of narrative in medicine, primarily through the emergence of the so-called narrative medicine. In this article, I question narrative medicine’s self-understanding and contend that one of the most prominent issues is its lack of a clear epistemological framework. Drawing from Gadamer’s work on hermeneutics, I first show that narrative medicine is deeply linked with the hermeneutical field of knowledge. Then I try to identify which claims can be legitimately expected (...) from narrative medicine, and which ones cannot be. I scrutinize in particular whether narrative medicine can legitimately grasp the patient’s lived experience of his or her illness. In the last section of this article, I begin to explore the potential usefulness of this epistemological clarification. This analysis allows for a further understanding of what is really at stake with narrative medicine, and thus to identify when it may be convenient, and when it may not. Furthermore, this clarification opens up promising new possibilities of dialogue with critics of the field. I conclude that narrative medicine finds its proper place as a possible tool available to mediate dialogue, which is at the heart of the clinical encounter in medical practice. (shrink)

The UN Global Compact is a voluntary initiative designed to help fashion a more humane world by enlisting business to follow ten principles concerning human rights, labor, the environment, and corruption. Although the four-year-old Compact is a relatively successful initiative, having signed up over eleven hundred companies and more than two hundred of the large multinationals, and having begun some important projects on globalization issues, there is a serious problem in that very few of the major U.S. companies have joined. (...) While the premier U.S. companies are interested in meeting the legitimate expectations of society, there is concerncentering around accountability issues. The accountability issues are in four major areas: 1. Accountability showing that the globalization of the economy actually helps the poor. 2. Accountability showing the corporate performance matches rhetoric. 3. Accountability that provides legitimacy to a two-tier pricing system and other measures that are designed to assist the poor in developing countries. 4. Accountability in the human rights area; what societal expectations are multinational companies accountablefor? The article outlines the problems that the Compact brings to the fore and offers some insight from the ethical literature that may address U.S. company concerns or provide new ways of thinking about the issues. It further argues that the forum provided by the Compact may be the most effective means to gain consensus of the role of business in society. (shrink)

This book proposes an alternative to the consent model which is currently at the heart of patient self-determination and which is shown here to have fundamental flaws that constrain its effectiveness. The proposed model is a property model in which the patient’s bodily integrity is protected from unauthorised invasion, and their legitimate expectation to be provided with the relevant information to make an informed decision is taken to be a proprietary right. This model enables the courts to overcome the (...) requirement to prove causation in consent cases and offers a complementary approach to patient self-determination. (shrink)

In this paper I will be arguing that there are cases in which a subject, S, should have known that p, even though, given her state of evidence at the time, she was in no position to know it. My argument for this result will involve making two claims. The uncontroversial claim is this: S should have known that p when another person has, or would have, legitimate expectations regarding S’s epistemic condition, the satisfaction of these expectations (...) would require that S knows that p, and S fails to know that p. The controversial claim is that these three conditions are sometimes jointly satisfied. I will spend the majority of my time defending the controversial claim. I will argue that there are two main sources of legitimate expectations regarding another’s epistemic condition: participation in a legitimate social practice ; and moral and epistemic expectations more generally . In developing my position on this score, I will have an opportunity to defend the doctrine that there are “practice-generated entitlements” to expect certain things, where it can happen that the satisfaction of these expectations requires another’s having certain pieces of knowledge; to contrast practice-generated entitlements to expect with epistemic reasons to believe; to defend the idea that moral and epistemic standards themselves can be taken to reflect legitimate expectations we have of each other; to compare the “should have known” phenomenon with a widely-discussed phenomenon in the ethics literature—that of culpable ignorance; and finally to suggest the bearing of the “should have known” phenomenon to epistemology itself. (shrink)