Libertarianism, Legitimation, and the Problems of Regulating Cognition-Enhancing Drugs
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Legitimation
Argument (complex analysis)
Public reason
Libertarianism
Abstract This chapter investigates how legitimations are added to representations of social practices, and how the same practices may be legitimized differently in different contexts. Key categories of legitimation include various forms of authority legitimation—personal and impersonal authority, expertise, and role modeling—as well as rationalization legitimations, moral evaluation legitimations and 'mythopoesis'. The chapter discusses the linguistic and visual realizations of legitimation and shows how analyses of social practices can be integrated with legitimation analyses, and how legitimation theory can be applied to critical discourse analysis.
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Mid-libertarianism is the new kid on the libertarian block. Torpman (2021) is critical of what he calls “classical libertarianism” and attempts to improve it with the introduction of his new perspective, “mid-libertarianism.” The present paper maintains that the good, old-time philosophy of plain libertarianism is invulnerable to his criticisms of it, that his “mid-libertarianism” has problems of its own, and thus there is no reason to substitute the one for the other.
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This study compares and contrasts arguments advanced in the technical sphere of legal and constitutional debate with those in the public sphere leading up to the 2008 vote in California over Proposition 8, defining marriage as "only… between a man and a woman." Of particular interest is how the norms and practices of constitutional argument filter out specific arguments, particularly fear appeals and claims based on religious beliefs, which are prevalent in the public argument. The essay concludes with a discussion of the dilemmas fating a society in which the public and technical spheres of argument produce dramatically different performances of rhetorical reasoning.
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No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left‐libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non‐interference, fairness, non‐worsening, consistency, universalisability, prior consent, self‐ownership, self‐governance, and the establishment of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights.
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Drawing on the thought of political philosopher Michael Oakeshott, we present a framework for thinking about public policy rooted in a balancing of what Oakeshott called the poles of "faith" and "skepticism." This approach takes seriously the maintenance of institutional forms in policy making, seeks to preserve order while maintaining social diversity, is sensitive to the likelihood of unintended consequences, and eschews the attempt to produce ideal end states, emphasizing instead remedying specific defects in existing arrangements. While it has some affinities with libertarianism and modern conservatism, this approach places less emphasis on limiting the scope of governmental interventions and more on shaping their character. Specific case studies of education, public health, and Social Security flesh out this argument, demonstrating that it differs from contemporary conservatism, libertarianism, and liberalism.
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Abstract The article presents a top-down approach to the study of the empirical legitimacy of international institutions. It starts from the observation that international institutions’ representatives are engaged in various strategies aimed at cultivating generalised support. The article asserts that such strategies should be taken into account to gain deeper insights into the legitimation process of international institutions. To systematise these legitimation efforts and facilitate their empirical analysis, the article introduces the concept of legitimation strategies, which are defined as goal-oriented activities employed to establish and maintain a reliable basis of diffuse support. An analytical differentiation between three types of legitimation strategies is introduced depending on the addressees of legitimation strategies, that is, member state governments, international institutions’ staff, and the wider public. The applicability of the concept and the relevance of legitimation strategies for international institutions’ communication, behaviour, and institutional design is demonstrated by an empirical analysis of the G8’s and the IMF’s reaction to legitimation crises in the recent past of both institutions. In addition, the case studies suggest that a balanced set of legitimation strategies that takes into account the legitimacy concerns of all three constituencies is more likely to be successful in improving legitimacy perceptions.
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Fullerand Rouse are both political social epistemologists concerned with the cognitive authority of science, though both disagree on what role it should play in science. Fullerar gues that political factors such as knowledge policy and a constitution play a primary role in the global legitimation of scientific knowledge, while Rouse holds that politics play a role on the local (practices) level but not on the global (metascientific) level of legitimation. While Fullerpr ovides a political response to the legitimation project, Rouse rejects the legitimation project because he holds that it involves the need forglobal legitimation of the place of scientific knowledge in our culture.
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Jake Greenblum and Ryan K Hubbard argue that physicians, nurses, clinical ethicists and ethics committee members should not cite religious considerations when helping patients (or their proxies) make medical decisions.i They provide two arguments for this position: The Public Reason Argument and the Fiduciary Argument. In this essay, I show that the Public Reason Argument fails. Greenblum and Hubbard may provide good reason to think that physicians should not invoke their own religious commitments as reasons for a particular medical decision. But they fail to show that it is wrong for physicians to cite the patient's own religious commitments as reasons for a particular decision. As such, if Greenblum and Hubbard's thesis is to survive, the Fiduciary Argument (or some unmentioned argument) will have to do the bulk of the work.
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How do international organizations (IOs) and their proponents claim legitimacy, and how do their opponents undermine such legitimacy? This article develops a framework that accounts for the links between legitimation and delegitimation strategies and how they regularly produce 'legitimation struggles'. Drawing on the case of the African Union between 2015–2020, the study goes beyond existing research in three ways. First, legitimation struggles are not simply related to input and output legitimacy but are deeply related to the social purpose of the organization. Second, legitimation struggles do not only involve IO representatives and member-states but are strengthened by a range of other non-state agents. Third, while discursive strategies are essential, legitimation struggles are reinforced when they are combined with behavioural or institutional legitimation strategies. Future research would do well to go beyond the current Western-centric bias and draw on our findings to investigate legitimation struggles under different conditions around the world.
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Discourse plays an important role in the construction of legitimation. Numerous studies of discursive legitimation have been completed. However, few studies have reviewed relevant literature with a visual pattern, and a review that analyzes its trends is urgent. The study presents an analytical literature review of the research on discursive legitimation, aiming to provide an overview of and insights into a selected bibliography of 91 research articles on discursive legitimation. A bibliometric analysis using CiteSpace is applied to quantitatively and visually analyze relevant studies, followed by a close qualitative analysis to capture different classifications of legitimation strategies, main research methods, and hot topics.
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