Legitimacy,self-determination,and conditional cooperators

ABSTRACT

This article critically examines the account of collective self-determination and state legitimacy developed by Stilz in her book. Central to this account is the idea that for a state to be legitimate it must reflect the shared will of the people over which it governs. I argue that the normative taxonomy Stilz employs to develop this criterion of legitimacy ignores the possibility of conditional cooperators: groups who are alienated from society due to the injustices they experience but are willing to affirm their participation in state institutions if these injustices are rectified. I then demonstrate that since there are no grounds for discounting the dissent of conditional cooperators, their presence significantly increases the threshold for state legitimacy that follows from Stilz’s theory. As a result, Stilz is forced to abandon her claim that basically just states generally enjoy a qualified ‘right to do wrong’.     

Who is this we that gives the gift? Native American Political Theory and The Western Tradition

Abstract

The allocation of self-determination rights to minority groups is a highly charged issue around the world, but the difficulties are particularly acute in the case of indigenous peoples within the white settler states. While liberal multiculturalism offers a ‘solution’ to this ‘problem of diversity’ through a system of differentiated citizenship rights, this comes only at the expense of excluding dissenting voices from the intercultural dialogue. Through an engagement with the multi-faceted critique of liberal multiculturalism advanced by Native American political theory, the limits of the recognition paradigm are identified, and the possibilities offered by a reconstructed Proudhonian federalism are described.     

Somaliland's post-war reconstruction: Rubble to rebuilding

ABSTRACT

This study captures the momentum of Somaliland's national reconciliation nationstate-rebuilding phase as it drives a reconstruction process involving the demobilisation of militias; internal state institutional reconstruction focusing on the House of Elders and the House of Representatives; the international dimensions of reconstruction involving humanitarian aid and developmental assistance; private reconstruction initiatives interacting with the development of a monetary exchange process and the participation of the Somaliland diaspora; and the role of women as the backbone of the Somaliland economy, and how all of these social components of nation-state building are framed constitutionally in the crafting of a multi-party democracy with northern Somali characteristics. However, the broader context in which these reconstructive dynamics unfold is conditioned by the emergence of militant expressions of political Islam within and outside the Somali coast in and around the Red Sea ‘Afrabian’ transregion and the Persian Gulf.     

Data protection in Europe – Some thoughts on reading the academic manifesto

The commentary by academics on the proposed European General Data Protection Regulation in [2013] 29 CLSR 180 has provoked thoughts in response. The responder strongly agrees with the doubts expressed about the definition of personal data, anonymisation and the identifiability of individuals. On the other hand, he disagrees with the views on consent and legitimacy and proposes support for a risk-based approach to data protection. He suggests that data protection does not need to be defended from the attack that it stifles business, but is justifiable for its assertion of fundamental rights. In conclusion, he shares the criticism of the European Commission's delegated and implementing powers and is concerned that the Regulation will be rushed to a conclusion for reasons of political ambition.     

Data protection legislation: What is at stake for our society and democracy?

The author starts by questioning the main privacy challenges raised by our present and future information society viewed as a “global village”. Apart from a comparison with the traditional village of our parents, he identifies the two complementary and not dissociable facets of our privacy: the right to seclusion and the right to participate fully in our society. According to the first German Constitutional Court recognizing the right to informational self-determination as a new constitutional right, he underlines the need to analyse the data protection as a tool for ensuring both the citizens' dignity and our democracy.     

经济组织与纠纷自决——以两个企业为例的分析

作为成本低廉的纠纷解决方式,自决是各型经济组织的首选。诉讼在多数情况下只是一种不得已的选择。而同时,由于企业规模以及各自经济实力等差异,纠纷的自我解决形式表现出明显的差异。反思经济组织自决机制的本质,既表现一定的伦理性,也呈现某种反伦理特征;就其与诉讼机制的关系而论,则既存有竞争,也有同一关系。     

Examining the Effects of Social Media Use on Job Satisfaction in the Australian Public Service: Testing Self-Determination Theory

The purpose of this study is to investigate the relationship between social media usage for work purposes and employee job satisfaction in the public sector. Because social media is a relatively recent phenomenon, the ways in which it affects employee attitudes such as job satisfaction are not well-known. Using self-determination theory (SDT) as a framework, this study tests whether perceived competence, relatedness, and autonomy mediate the relationship between social media usage for work purposes and employee job satisfaction. Data were obtained from the Australian Public Service Commission (APSC). Overall, results generated from the structural equation models support SDT, suggesting that employees using social media for work purposes have higher self-determination and higher self-determination increases their job satisfaction. In particular, the effect of competence to job satisfaction is very high. However, while social media usage for work purposes can enhance employees’ need for autonomy and competence, it does not have any statistical effect to employees need for relatedness. In addition, social media does not have any statistical and direct effect to job satisfaction. The results suggest that social media has an indirect effect to job satisfaction. This article discusses the implications of these findings.     

Decentralisation,socio-territoriality and the exercise of indigenous self-governance in Bolivia

This article analyses the ‘indigenous autonomy’ being constructed in two dozen Bolivian municipalities and territories, in accordance with the 2009 Constitution. It finds that Bolivia’s 1994 decentralisation reforms, which created the country’s system of municipalities, are central to understanding the contemporary implementation of indigenous autonomy. Some indigenous people view as favourable the representative and material gains achieved by municipalisation, which helps explain why more majority-indigenous communities have not yet chosen the new option of indigenous autonomy. However, the new legal framework also limits indigenous self-governance, because territorial delimitations of the country’s municipalities are generally inconsistent with indigenous peoples’ ancestral territories. The new institutions of self-governance are legally obligated to include discrete legislative, executive and administrative functions, reflecting not indigenous norms but a municipal structure of liberal design. This study illustrates the way that indigenous self-determination may encounter obstacles where indigenous territorial jurisdictions must coincide with contemporary boundaries of colonial origins, rather than with pre-colonial territories.     

UN Peace Operations and Conflicting Legitimacies

ABSTRACT

Analyses of United Nations (UN) peacekeeping increasingly consider legitimacy a key factor for success, conceiving of it as a resource that operations should seek and use in the pursuit of their goals. However, these analyses rarely break down legitimacy by source. Because the UN is an organization with multiple identities and duties however, different legitimacy sources – in particular output and procedural legitimacy – and the UN’s corresponding legitimation practices come into conflict in the context of peacekeeping. Drawing on a range of examples and the specific case of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), this article argues that looking at different legitimacy sources and linking them to the institutional identity of the UN is thus critical, and it shows how the UN’s contradictory legitimation practices can reduce overall legitimacy perceptions.     

Reply to my critics

ABSTRACT

This paper offers an overview of the central argument of my book, Territorial Sovereignty, and replies to four critics.