The legitimacy of occupation authority: beyond just war theory

ABSTRACT

So far, most of the philosophical literature on occupations has tried to assess the legitimacy of military rule in the aftermath of armed conflicts by exclusively employing the theoretical resources of just war theory. In this paper, I argue that this approach is mistaken. Occupations occur during or in the aftermath of wars but they are fundamentally a specific type of rule over persons. Thus, theories of political legitimacy should be at least as relevant as just war theory for the moral evaluation of occupations. This paper, therefore, draws on both traditions and argues that just war theory plays a limited role in identifying the purposes and appropriate agents of occupation authority, but that theories of legitimacy are necessary for explaining why and under which conditions foreign actors have the right to rule in the aftermath of armed conflicts.     

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’.     

Marginalisation or legitimation? Mainstream party positioning on immigration and support for radical right parties

Abstract

Does mainstream party positioning contribute to marginalising or legitimising niche party positions? This article argues that voter perceptions of the legitimacy and credibility of niche party positions play a role in individuals’ propensity to vote for niche parties. It finds that the adoption of more restrictive immigration positions by mainstream parties increases the likelihood that those people who do not recognise the issue competence of radical right parties on immigration will vote radical right. However, for individuals who already perceive the radical right to be competent on immigration, mainstream party adoption of more restrictive immigration positions has no effect on propensity to vote radical right. In addition, the increase in the propensity of individuals to vote radical right is predominantly a function of mainstream left parties adopting more restrictive immigration positions. These results imply that mainstream parties risk fuelling radical right party support by adopting more restrictive immigration positions.     

Alternatives to EU Membership and the Rational Imagination

The domestic scenario following a Brexit vote is likely to be characterised by high stakes, uncertainty and fissile political debate. No off‐the‐peg arrangement touted for Brexit—be it Norwegian, Swiss, Turkish or Canadian—was designed to engage with such a context. Nor does it seem wise to rush to medium‐term commitments which might pre‐empt democratic politics and wise choices. Far more important will be the legitimacy of any institutional settlement governing this arrangement, which will provide the context for its revision and development and the space for democratic reflection over how these policies are to be governed. It will be suggested that here there is much insight to be gained from looking at regional arrangements beyond the EU.     

Authoritarian legitimation: assessing discourses of legitimacy in Kazakhstan and Uzbekistan

ABSTRACT

What are the sources of authoritarian persistence in Central Asia? This study explores the argument that authoritarian regimes persist through effective authoritarian legitimation. Drawing on the theory and analysis of discourse, it develops an approach to authoritarian legitimation and examines discursive appeals to legitimacy by the Kazakh and Uzbek presidents. The study also assesses the effectiveness of the presidential discourses of legitimacy for public perception of the governing regimes in Kazakhstan and Uzbekistan. This research shows that by defining what constitutes legitimate power and presenting political rule as consistent with this definition, authoritarian governments can foster certain modes of reasoning and evaluation among citizens, and create possibilities for their acceptance of the regime as ‘right’ or ‘proper’.     

From Rebels to Rulers: The Challenges of Transition for Non-state Armed Groups in Mindanao and Myanmar

This article presents a critical comparison of the ongoing peace processes in the southern Philippines and Myanmar (Burma). It does so by examining two key armed groups: the Moro Islamic Liberation Front (MILF) on Mindanao, and the Karen National Union (KNU) in Myanmar. We identify common elements that help to explain the relative – albeit incomplete – success of these two groups in navigating their respective peace processes. The MILF and KNU are ethnonationalist armed groups struggling for self-determination against states that are experienced by ethnic minority communities as culturally alien, and economically and politically dominant. Both conflict actors are characterized by complex combinations of “greed” and “grievance” factors but nevertheless enjoy significant (albeit contested) political legitimacy among the communities they seek to represent. We explore the complex relationships between armed ethnic groups, conflict-affected communities, and civil society actors. We argue that engagement with civil society is a key element of success in the Mindanao peace process, which could be replicated in Myanmar. We examine the roles and changing nature of the state in the Philippines and Myanmar, and contrast the degrees of international involvement, as key variables in these peace processes. We observe that negotiations of comprehensive peace settlements are threatened by “the tyranny of elections” in Myanmar (2015) and the Philippines (2016), and observe the importance of including national parliaments in peace processes in a timely manner. The peace process between Manila and the MILF represents a rare example of a Muslim minority pursuing its political objectives through structured dialogue. The article focuses on the challenges faced by armed groups moving from insurgency to reinvent themselves as credible political actors and governance authorities. Our analysis draws on peace-building literature, specifically the phenomenon of “rebel governance.”     

Public confidence in the judiciary: the interaction between political awareness and level of democracy

Apart from the studies that focus on public attitudes toward higher courts in advanced democracies, we know little about the factors that can explain public confidence in the judiciary in a comparative setting. In this regard, the goal of this study is to explain whether, and to what extent, the country's level of democracy moderates the impact of political awareness on public confidence in the judiciary. This study uses hierarchical linear models to analyse the interaction between individual and country level factors by using the World Values Survey (2005–2009) data for 49 countries and various other data sources. Our empirical results show that in advanced democracies political awareness variables like education and political participation have a positive impact on public confidence in the judiciary, whereas in countries with weak levels of democracy higher political awareness leads to increased cynicism about the judiciary. These results suggest that a one-size-fits-all approach to explain confidence in the judiciary is not possible when we are dealing with a wide range of societies that vary in terms of many characteristics, both institutional and cultural.     

Desistance and Legitimacy: The Impact of Offender Notification Meetings on Recidivism among High Risk Offenders

Legitimacy-based approaches to crime prevention assume that individuals will comply with the law when they believe that the law and its agents are legitimate and act in ways that are “fair” and “just.” Currently, legitimacy-based programs are shown to lower aggregate levels of crime; yet, no study has investigated whether such programs influence individual offending. Using quasi-experimental design and survival analyses, this study evaluates the effectiveness of one such program—Chicago’s Project Safe Neighborhoods’ (PSN) Offender Notification Forums—at reducing individual recidivism among a population of returning prisoners. Results suggest that involvement in PSN significantly reduces the risk of subsequent incarceration and is associated with significantly longer intervals that offenders remain on the street and out of prison. As the first study to provide individual-level evidence promoting legitimacy-based interventions on patterns of individual offending, out study suggests these interventions can and do reduce rates of recidivism.     

政治价值的合法性与当代思想政治工作的广义和谐论

思想政治工作的核心维度在根本上即浓缩为政治价值的合法性。这种合法性的载体是通过立体层面的社会来实现的,它与思想政治工作的多重结合创建了天然的和必然的全面和谐,在层次型的社会体系中,研究政治价值合法性与思想政治工作的关系问题,并在理论和实体结构中通过广义和谐调整优化出来,这是思想政治工作在人文领域内取得全面进步、达到真正繁荣的根本所在。     

Combinatorics in the theory of utility

It used to be thought that the utility or pleasure that goods gave consumers depended on the whole on the nature of the goods and, particularly, on its quantity. This is half true, half false. The utility obtained from a set of goods depends mainly on how the goods are ordered and combined within the dynamic time sequence represented by consumption. In other words, it depends less on what the goods are and more on how the goods are positioned. Understanding this offers huge possibilities within the theory of utility--and thus of consumption--as it allows us to apply the arsenal of tools available to us in the mathematic speciality known as combinatorics, as applied to utility. If each combination of goods poses a utility, we can rank these combinations differently using ordinal criteria and real transitive preferences. From there we can establish a set of menus, from best to least poor, and, armed with this information, work out a theory of individual choice. This is in brief the purpose of this work.