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Fabian Wenner

Liberal Legitimacy

Reihe: Fundamenta Juridica

Band 73 2020

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2. Liberal legitimacy and public justification S. 49-76

„… Liberal legitimacy and public justification There are many ways to think about political orders and …” „… over time, and ends with the idea of public justification. First (2.1), I introduce the liberal ideal …” „… of “legitimacy as public justification” on which the rest of this study focuses. 2. 2. Liberal …”

6. Beyond legitimacy as public justification S. 201-207

„… Beyond legitimacy as public justification The last observations I want to make concern areas that …” „… about public reason and the idea of legitimacy as public justification. There are many philosophers …” „… citizens from an unjust burden, or because they reject the liberal ideal of public justification as …”

Introduction S. 11-18

„… challenge of pluralism and public justification Contractualist approaches are attractive because they rely …” „… enough common ground can still be dug up or constructed for the public justification of liberal …” „… discarded. According to this view, even theorists of public justification must idealize citizens to such an …”

5. Liberal legitimacy in Political Liberalism S. 122-200

„… application of the same idea of public justification, but this is not so. Instead, in Rawls’s theory, two …” „… conceptions of public justification must be separated, of which only the weaker serves as a precondition for …” „… of public justification. However, the achievement of such an "overlapping consensus" is not necessary …”

Titelei/Inhaltsverzeichnis S. 1-10

„… perspective on legitimacy 12 The challenge of pluralism and public justification 13 Legitimacy as public …” „… public justification2.4 71 From philosophical to public justification2.4.1 71 The challenge of legitimacy …” „… as public justification2.4.2 74 Conclusion of the chapter2.5 75 7 Liberal legitimacy in a Rawlsian …”

3. Justice and legitimacy before the political turn S. 77-114

„… later dominate his reflections on public justification. I therefore explore the rationale for Rawls’s …” „… view of political justice before turning to the conception of legitimacy as public justification, which …” „… acceptable to citizens. In this way, considerations of public justification indirectly enter the argument for …”

Bibliography S. 213-223

„… : Three Faces of Public Justification. In Julian Nida-Rümelin, Elif Özmen (Eds.): Welt der Gründe. Hamburg …” „… , Samuel (2004): Public Reason and Political Justifications. In Fordham Law Review 72 (5), pp. 2021–2072 …” „… , Samuel (2007a): The burdens of public justification: constructivism, contractualism, and publicity. In …”

4. The challenge of reasonable disagreement S. 115-121

„… meet the requirements of public justification. This concern, which is largely absent in Theory, is …” „… legitimacy and public justification to Rawls’s attention. In Theory, Rawls had not given much thought to the …” „… conception of justice, Rawls expects it to automatically resolve the question of public justification and …”

Conclusion S. 208-212

„… “legitimacy as public justification,” and placed it in the broader philosophical context of liberal theory. As …” „… internal inconsistencies in this view of legitimacy and public justification. It is another question, to …” „… public justification is still plausible today and whether it is worth pursuing Rawls’s ideas in our time …”

1. The concept of legitimacy S. 19-48

„… threshold separating the informal public sphere from” political institutions such as “parliaments, courts …” „… forced to comply with political decisions gives rise to a special requirement for justification because …” „… should pay attention to the justification of state power – it should be noted, however, that even state …”

doi.org/10.5771/9783748909637

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Enrico Zoffoli

Beyond Consensus

Reihe: Studies in Political Theory

Band 4 2013

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The principle of public justification S. 46-48

„… relevant political matters.81 1.2.5 The principle of public justification I take it for granted that as …” „… . So what is public justification? I would conjecture that the following principle offers a fairly …” „… robust answer to this question: Principle of Public Justification: Coercive law L is publicly …”

The concept of public justification and its conceptions S. 48-49

„… epistemic rationality. The Principle of Public Justification simply reminds us that deliberation cannot lead …” „… of the “good reasons” clause. All we know from the Principle of Public Justification is that citizens …” „… justification and its conceptions In sum, both the Principle of Political Liberty and the Principle of Public …”

The asymmetry between rightness claims and truth claims S. 137-140

„… just some, have been deeply attracted to the idea that public justification must be conducted on …” „… objective grounds. In particular, Estlund understands public justification as something akin to scientific …” „… inquiry.254 In his view, democracy works essentially like science. It contributes to public justification …”

Rawls on the overlapping consensus S. 61-63

„… justice” must “provide a shared public basis for the justification of political and social institutions …” „… as justification (as opposed to “stability for the right reasons”) is concerned, public reasoning …” „… as a combination of “full justification” and “public justification by political society”.121 Public …”

The site of public reason S. 42-44

„… kinds of legislation that must undergo the scrutiny of public justification.69 Now it follows from the …” „… normal legislation should be left exempt from the requirements of public justification. Let us call this …” „… a proper public justification. Let us call this the “Derivative Justification Thesis”: Derivative …”

b Overview of the argument S. 24-28

„… justification if we do not focus exclusively on public reasons? It seems obvious that if we embrace the …” „… , it offers a comprehensive analytic overview of the general concept of public justification. Secondly …” „… disagreement as source of justification: to achieve public justification, on the convergence view, requires …”

Some misgivings about the presumption in favor of liberty S. 38-42

„… not public reason presupposes a right to justification, only legal duties stand in need of public …” „… of public justification.69 Now it follows from the Principle of Political Liberty that the site of …” „… Political Liberty, public officials have a legal duty to justify the use of political power. 1.2.2 Some …”

Rejecting the Derivative Justification Thesis S. 44-46

„… . Therefore, a “derivative” justification is acceptable only if it qualifies as a proper public justification …” „… : to what extent (if any) can democracy contribute to public justification? The Derivative …” „… principle of public justification I take it for granted that as justificatory liberals we should endorse the …”

c Content and method S. 28-32

„… who take a procedural stance toward the problem of public justification should be especially wary, in …” „… reject. Rawls thus maintains that public justification is a “prac- 45 J. Ely 1992: 26. 46 A classical …” „… approach is unsatisfactory. Insofar as they take public justification as liberalism’s core commitment …”

Conclusion S. 233-240

„… , symmetrical convergence accepts and defends a two-step approach to public justification. I repeatedly stressed …” „… procedural model of public reason: it simply serves as a framework for public justification, without …” „… Justification Thesis, arguing that public justification may not be achieved derivatively or indirectly, to wit …”

The Principle of Political Liberty S. 34-38

„… . First: What stands in need of justification? Second: What is public justification? I take it that the …” „… calls for public justification (see Introduction §I.b). The presumption in favor of liberty is best …” „… laws are coercive in this sense, they call for public justification. As Rawls stresses, for the liberal …”

Deepening the problem S. 63-66

„… “public justification by political society”.121 Public justification thus takes the form of a two-stage …” „… convergence are necessary to make sense of the idea of public justification. Although at a first stage …” „… justification must proceed from a pool of sharable public reasons, publicly justified laws must be also …”

A discourse-theoretical approach to universalization S. 140-143

„… as a bulk of truth-analogous rightness-claims. As a result, he sees public justification primarily as …” „… an objective justification of rightness-claims. Thus the main target of public reason is the presumed …” „… objectivity of the justificandum. But this mischaracterizes the function of public justification. Its function …”

a Consensus and convergence S. 20-24

„… simple and attractive answer to this question. Since justification is addressed to the public, it must …” „… , Samuel Freeman claims that the ideal of public justification requires “limiting arguments to shared …” „… : It is almost universally supposed that public justification requires that for every justified law …”

b Justificatory liberalism S. 13-20

„… , public justification must come to terms with the fact of reasonable pluralism. That is, it must be a …” „… public justification not because they put obstacles in the path of human flourishing, but simply because …” „… public justification. Perfectionist liberals typically claim that to the extent that the state prevents …”

Overview of the argument S. 33-34

„… account of some key concepts. Section §1.2 defines the general concept of public justification as a …” „… ”. The second principle, instead, explains what public justification is, in that it specifies under which …” „… concept of public justification. Section §1.4 argues that consensus models are traversed by an internal …”

The Political View of Shareability S. 184-186

„… Shareability (and are willing to lapse into some populist approach to public justification). But if they do …” „… liberalism hardly counts as a justificatory conception. How can we achieve public justification if we start …” „… plausibly defend a theory of public justification. Consider what Macedo says about the importance of …”

Full publicity as a justificatory device S. 191-194

„… , especially if we follow Gaus and Rawls in understanding public justification as a two-step procedure. I have …” „… repeatedly stressed that on my account public justification does indeed proceed in two steps. First, we …” „… , this is an incredibly demanding claim. Judges, congressmen and other public officials can be required …”

Why the argument from symmetry is misguided S. 212-215

„… ” stage of public justification? How can Bea treat Andy as a free and equal fellow citizen if she is …” „… justification. Now the ruling idea behind the whole project of public reason is that coercion must be justified …” „… public reason. To say, as the Strong Burden Thesis implies, that Andy owes Bea a justification 389 …”

Are private reasons necessarily defeated? S. 133-134

„… , however, must be raised as to whether postmetaphysical reason exhausts the idea of public justification …” „… justification of rightness claims based on truth-tracking objective reasons. If this is the function of public …” „… justification, in which the question is “What is justified to us as members of a given community” from an …”

Summary S. 96-98

„… traversed by an internal tension. On the one hand, convergence upholds the Principle of Public Justification …” „… Thesis, arguing that public justification may not be achieved derivatively, to wit, by means of publicly …” „… justification is the Principle of Public Justification, according to which a coercive law is publicly justified …”

Validity claims S. 134-137

„… postmetaphysical reason exhausts the idea of public justification. The question, in other words, must be raised as …” „… justification. For here the core normative issue is the redemption of rightness-claims. We achieve public …” „… justification must be conducted on objective grounds. In particular, Estlund understands public justification as …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Derivative Justification Thesis 44"1.2.5 The principle of public justification 46"1.3. Consensus and …” „… convergence 48"1.3.1 The concept of public justification and its conceptions 48"1.3.2 Strong and weak …” „… 09:03Enrico ZoffoliNomosPublic Reason and the Role of ConvergenceBeyond ConsensusBUT_Zoffoli_0506-1.indd …”

Framing the issue S. 202-205

„… become acceptable to an enlightened public thanks to encompassing relations of justification. But the …” „… (prospective) coercee stands in an asymmetrical relation of justification. While the former is committed to …” „… stands in need of justification. And this, in turn, seems to speak in favor of what Steven Wall has …”

Discourse theory and epistemic pluralism S. 143-144

„… , which must be impartially justified. But public justification is not primarily justification of the law …” „… . It is justification of the law to its addressees. Hence, public justification does not in itself …” „… theoretical argument for consensus (II), which holds that when it comes to public justification …”

A more moderate defense of consensus? S. 146-149

„… rationale R counts as a public justification only if the members of the public find R acceptable in light of …” „… is a reason for law L, R is a public/shareable reasons if, and only if, every reasonable citizen …” „… shareability: Populist View of Shareability: If R is a reason for law L, R is a public/shareable reason if …”

A twofold presumption in favor of convergence S. 88-90

„… , one cannot consistently claim that R is a public reason for L unless one shows that L is backed by an …” „… Public Reason makes it impossible to verify whether allegedly shareable reasons are public. 1.5.7 A …” „… cooperation grounded on public reasons, one needs to have an account of what public reasons are. But as soon …”

Why the sincerity requirement does not justify consensus S. 173-176

„… that SPP leads to endorse a consensus model of public justification, as consensus and negative …” „… public reason liberals coercion calls for special justification. The opponent of coercive legislation …” „… justification. But precisely because public reason 316 See chapter 1, §1.5.6. 176 liberals are concerned with …”

The argument from reasonable compliance S. 198-202

„… all, this requirement is part of the Principle of Public Justification, which states that coercion is …” „… libertarian views of this kind because they conflict with the ideal of public justification as I have …” „… accept a proposal, public recognition of convergence justification reinforces the public awareness of …”

The argument from normative stability S. 194-198

„… all, this requirement is part of the Principle of Public Justification, which states that coercion is …” „… libertarian views of this kind because they conflict with the ideal of public justification as I have …” „… View of Public Reason would not allow odd libertarian results of this kind. Of course, none of this …”

The role of religious reasons S. 56-61

„… among religious and secular doctrines.103 A consensus-seeking conception of public justification is 96 …” „… use of religious reasons in public justification. Convergence thus promotes public reason liberalism’s …” „… reasons cannot be used as grounds for public justification, although consensus models may allow for …”

The value of full publicity S. 186-190

„… of public reason and downplay the inherently epistemological character of justification. To come …” „… Commitment to Justify Coercion to All stresses that public justification must be addressed to all members of …” „… to achieve under a consensus conception of public justification. When we reason in shared terms, our …”

Freestanding rationales and general interests S. 207-210

„… justification” and “public justification by political society”) aiming at the achievement of an “overlapping …” „… , Andy contests the very justification of L; he does not simply state his intention to disobey L under …” „… entirely appropriate for Bea to insist that he owes a justification to her if she is to live in a society …”

Overview of the argument S. 99-100

„… public (§1.5). Both problems, I have argued, stem from the fact that “freestanding” justifications might …” „… shareable/public. In this chapter I shall sketch an epistemic account of justification which undermines this sort …” „… redemption of truth-claims and the public justification of rightness-claims. In defending this thesis, I …”

Bibliography S. 241-249

„… : Blackwell. D’Agostino, Fred (1995): “Value Pluralism, Public Justification, and Post-modernism: The …” „… Political Philosophy 9: 277-306. Lister, Andrew (2010): “Public justification and the limits of state …” „… ): “Is Public Justification Self-Defeating?", American Philosophical Quarterly 39(4): 385-394. --- (2010 …”

What defeats what? S. 151-154

„… use of private reasons, it does not undermine the convergence view of public justification. If we …” „… ? Shouldn’t we simply conclude that private reasons should be expunged from public justification? Of course …” „… are not publicly justified [to] play a crucial role in public justification”.285 Again, the key idea …”

Why the argument from symmetry seems appealing S. 210-212

„… justification is the public at large. Hence, a reason R* is stronger than another reason R only if all members …” „… underpinning the ideal of public reason: whenever you owe a justification to others, respect them by giving …” „… preventing appeal in moral justification to so much of what a person understands as basic to her evaluative …”

Why the sincerity requirement undermines convergence S. 169-173

„… obtain in the context of public justification. By stipulation, the members of our constituency will never …” „… necessary to formulate a model of public justification from the perspective of one theorizing about justice …” „… framework within which public justification can occur. We can, to be 311 Ibid.: 4. 312 Ibid.: 62; see also …”

The Commonsense View of Shareability S. 179-182

„… all attempts to publicly justify the very idea of public justification (as well as its constitutive …” „… be barred from using reasons which a sound epistemic theory suitable for public justification deems …” „… share: “In a large and diverse liberal society, public reason … requires that the reasons we offer to …”

A first presumption in favor of convergence S. 73-74

„… stage suggested by Rawls, however, our conception of public justification will incur a decisive problem …” „… account, insisting that once all public reasons have been factored in, public justification has been …” „… undermining the very ideal of public reason. By contrast, convergence models insist that public justification …”

The argument from sincerity S. 162-166

„… at public justification do not lapse into rhetorical manipulation. Only when we are sincere with …” „… literature on public reason live up to this task. This chapter has the following structure. Sections §3.2 …” „… public reason by permitting or even encouraging citizens to be insincere with one another. I shall …”

Ethical discourses and open justification S. 129-133

„… holding ?. Call this the Insufficient Open Justification Thesis: Insufficient Open Justification Thesis …” „… all. Now I want to show that the Unnecessary Open Justification Thesis is mistaken and that the …” „… Insufficient Open Justification Thesis is only partially correct. 2.5.4 Ethical discourses and open …”

Back to post-metaphysical rationality S. 154-156

„… expunged from public justification? Of course not. First, private reasons can justify coercion if they …” „… justification”.285 Again, the key idea behind convergence models of public reason is that unless coercive laws …” „… her claim. The onus of justification, as Stanley Benn reminds us, is always on the would-be interferer …”

The Non-Coercive Rejection Thesis S. 215-216

„… open to the charge of relying on an overly “asymmetrical” understanding of public justification. This …” „… endorse anything close to the Consensus View of Public Justification. Still, the particular “asymmetry …” „… 215 when he rejects her coercive proposals is to undermine the whole project of public …”

The Freestandingness Thesis S. 74-76

„… , public justification has been achieved. But if this is so, then consensus is open to the charge of …” „… models insist that public justification cannot be achieved until all relevant reasons (both public and …” „… necessary to ensure that public justification meet the conclusiveness requirement: freestanding reasons are …”

A further problem S. 226-231

„… amended to the following thesis: Shareability as Common Open Justification (SCOJ): R is a public reason …” „… Externalist Justificatory View of Shareability).397 SCOJ is similar to the Undefeated Public Reasons Thesis …” „… strong and, I take it, conclusive case against the Consensus View of Public Reason. 3.8.2 A further …”

Rejecting some major arguments for consensus S. 144-146

„… argument for consensus (II), which holds that when it comes to public justification, non-freestanding …” „… justification of rightness claims based on truth-tracking objective reasons. If this is the function of public …” „… justification only if the members of the public find R acceptable in light of their existing [subjective …”

Intelligibility and relevance S. 166-169

„… (i) will always obtain in the context of public justification. By stipulation, the members of our …” „… principle (SPP) for selecting eligible conceptions of public reason. For the time being, however, we can set …” „… convergence argument in case 1) would be a clear example of insincere justification. By stipulation, Andy …”

The role of moral epistemology S. 176-179

„… justificatory accounts such as Gaus’s and Habermas’s, which rely on tethering public justification to …” „… public justification. To say that X is publicly justified is to say that all members of the public have …” „… 176 liberals are concerned with the justification of coercion, one could argue, they should also …”

The Strong Burden Thesis and the Weak Burden Thesis S. 205-207

„… : since he owes no justification to Bea, he is not committed to giving her reasons she can accept …” „… even freedom may call for justification. 206 However, the Strong Burden Thesis is “less asymmetrical …” „… , convergence is an acceptable conception of public reason only if the Weak Burden Thesis is correct. The …”

The Conclusiveness Thesis S. 71-73

„… justification. But should we turn it into a strict requirement of public justification? Should we maintain that …” „… the same line of reasoning to the level of public justification. In order to justify L to Bea, Andy …” „… options. RCT looks difficult to meet. In fact, the crux of public reason is to select among options …”

Conclusive justification S. 69-71

„… . But should we turn it into a strict requirement of public justification? Should we maintain that …” „… the same line of reasoning to the level of public justification. In order to justify L to Bea, Andy …” „… her. 1.4.5 Conclusive justification According to Kurt Baier, definitions of conclusiveness such as CJ …”

Limits of appropriateness-based arguments for consensus S. 95-96

„… private reasons in the context of public justification. Yet the strength of those reasons would remain …” „… hand, convergence upholds the Principle of Public Justification, which states that coercion is …” „… , for it can never be the case that private reasons defeat public reasons. By the same token …”

Three levels of publicness S. 54-56

„… public reason? How can the private use of reason be a path toward the achievement of public justification …” „… say that justification must be public is thus tantamount to saying that it must be universal in scope …” „… to imply that public reasons reflect some “objective” or “true” facts of the world, which exert their …”

The Symmetrical Convergence View of Public Reason S. 223-225

„… . First, public justification must be conclusive, as stated by the Conclusiveness Thesis (CT). But because …” „… appropriate way. 3.7.5 The Symmetrical Convergence View of Public Reason On closer inspection, however …” „… the Convergence View of Public Reason claims: Convergence View of Public Reason: (A) Liberty should …”

Appropriateness-based arguments for consensus S. 93-95

„… which he lacks a public justification”, meaning that the “good citizen” simply ignores his non-public …” „… stress, however, that “restraint” applies to the domain of public justification, where the members of a …” „… public justification. Yet the strength of those reasons would remain unaltered. She might still believe …”

The narrow symmetry objection S. 221-223

„… case about public health care is straightforward. Because rights are inherently coercive, both L …” „… (public health care should be reformed) and ~L (no increase in tax rate to support reforms of the public …” „… health care system) stand in need of justification. While Bea contends that Andy has a duty to …”

Strong and weak consensus S. 49-53

„… 49 sons into account, would endorse L. (C) Both shareable/public and nonshareable/private reasons …” „… View of Public Reason expresses what I shall call the Shareability Requirement: a consideration that …” „… result, only public/shareable reasons can be drawn upon in public reasoning. Convergence, by contrast …”

Rejecting the top-down argument for consensus S. 120-122

„… , that (III), being a metaphysical thesis, falls short of what a theory of public justification needs. As …” „… 120 original set. But given its coherentist character, open justification is conservative; it …” „… has. Things being equal, then, open justification tends to favor consistency- and coherence-based …”

Two kinds of defeaters S. 66-69

„… alternatives). Suppose that, exercising her reason as a free and equal member of the public, Betty concludes …” „… capacities as a free and equal member of the public, Betty concludes that she has more reason to accept LB …” „… member of the public. How could such a law be seen as exemplifying self-legislation by Betty?132 In this …”

Against public reason’s Shareability Requirement S. 225-226

„… . First, public justification must be conclusive, as stated by the Conclusiveness Thesis (CT). But because …” „… . 3.8 The dominant view of public reason rejected 3.8.1 Against public reason’s Shareability …” „… View of Public Reason should be refined and turned into the Symmetrical Convergence View of Public …”

When liberty is not an available default S. 218-221

„… of the public health care system) stand in need of justification. While Bea contends that Andy has a …” „… could have been previously justified. As a result, both L and ~L stand in need of justification. 3.7.3 …” „… , she might reasonably demand a justification from Andy even in the absence of such a right. For …”

Internalism S. 114-117

„… must embrace an internalist conception of justification or “Reason Affirmation Thesis”,204 according to …” „… might be no public or shared reasons at all, since Andy’s and Bea’s actual beliefs might not overlap in …” „… serious problems, we need not tackle this issue here, since justification has mainly to do with reasons …”

The (alleged) priority of freestanding reasons S. 149-151

„… universalistic viewpoint. As a general rule, then, public justification cannot stop until moral considerations …” „… discursive justification to the domain of law and politics. If these rights we not recognized and upheld …” „… , free and equal citizens would not be able to engage in public reasoning in the first place. Forst, on …”

Overview of the argument S. 161-162

„… at public justification do not lapse into rhetorical manipulation. Only when we are sincere with …” „… the Consensus View of Public Reason insist that we should “[limit] arguments to shared reasons in …” „… words, appropriateness-based arguments for consensus suggest that the constituency of public reason …”

The Meta-Convergence View of Shareability S. 182-184

„… public justification deems justificatory. The whole point of public reason is to lay out a justificatory …” „… approach to public justification). But if they do, they are committed to rejecting consensus models of …” „… selecting eligible conceptions of public reason. An interesting question is how well C2 and C3 would fare …”

Some important remarks S. 125-127

„… political justification. Habermas summarizes his idealized conception of practical discourse in the …” „… laws that protect private autonomy also issue from citizens’ self-legislating exercise of public …” „… participation. As Habermas understands the relation between private and public autonomy, each is “co-original …”

The basic argument S. 106-110

„… develop an account of public justification that explains how the law can be justified to its addressees …” „… already warned against this “authoritarian” stance toward the problem of justification. “Authoritarian …” „… problem of political justification is to identify convergence points among essentially private conceptions …”

The scope of private defeaters S. 156-158

„… post-metaphysical conception of rationality which has proven inadequate for the doctrine of public reason. Carrying …” „… have assumed that the members of the public are presented with a binary choice: either they accept L …” „… nothing but a “pro tanto” justification in Rawls’s sense: taking all freestanding reasons into account, we …”

Contested property rights S. 216-218

„… , public reasoning will be symmetrical in a very straightforward sense: those who reject L assume the role …” „… leads to the Symmetrical Convergence View of Public Reason. 3.7.2 Contested property rights One could …” „… in her view would improve the public health care system. Bea ranks L over no law at all. L would …”

Four strength-based arguments for consensus S. 103-106

„… discourse-theoretical account of justification. Lastly, as already mentioned, Habermas’s “discourse-theoretical argument …” „… rational agent would recognize, they are by definition shareable or public. As Wall says, the top-down …” „… addressee of justification and the rule-follower find themselves in the same situation: they can come up …”

Private and public reasons S. 53-54

„… of public justification?93 However, this sort of objection confuses 92 I discuss Rawls’s complex …” „… conclude that P is publicly justified. The Consensus View of Public Reason, then, is consistent with weak …” „… shareable if the reasons they refer to justify the same policy or proposal. 91 1.3.3 Private and public …”

The role of the public sphere S. 190-191

„… employed in public justification. But (a) has unacceptable implications. While public reason may well rule …” „… 190 3.4.2 The role of the public sphere Interpretation (a) seems much more in tune with Macedo’s …” „… concern with the generation of “common knowledge”. In fact it is the public sphere, and not public reason …”

Moderate externalism S. 112-114

„… externalist account of justification. For one could try replacing (II*) with (II**) Unless there is an …” „… internalist conception of justification or “Reason Affirmation Thesis”,204 according to which Andy’s actually …” „… any sort of reasons and beliefs, not all reasons will be shared. Indeed, there might be no public or …”

A challenge for consensus S. 90-91

„… stone: they can maintain that consensus models can both achieve conclusive justification (as opposed to …” „… self-defeating. Remember that according to clause (C) of the Consensus View of Public Reason (the Shareability …” „… Requirement), only shareable reasons are “good reasons”, while the Convergence View of Public Reason holds …”

The basic (radical) argument S. 122-125

„… , however, that (III), being a metaphysical thesis, falls short of what a theory of public justification …” „… justification which does not risk loosening its grip on reality, we must abandon the utopian aspiration to build …”

Weak Shareability Requirement? S. 85-88

„… , that FT should be replaced with Weak Freestandingness Thesis (WFT): R is a public reason for …” „… uncertainty, the theorist of public reason should favor liberty over coercion, just as a judge should acquit …” „… citizens happen to be willing to endorse laws backed by suspended reasons, the theorist of public reason …”

Public reasons as objective reasons S. 100-103

„… 100 2.2. Four conceptions of objectivity 2.2.1 Public reasons as objective reasons In the …” „… other hand, reasons are "inherently shareable" and essentially public because the idea of a private …” „… insisted that R* defeats a freestanding reason R despite the fact that R* is not public? No, because Andy …”

Summary S. 158-160

„… Public Reason (§2.1, see also §1.5.6). First, justificatory reasons must be conclusive: if they are to …” „… reasons can contribute, epistemically speaking, to the full justification of coercive laws. If some of …”

Procedures of abstraction S. 76-79

„… , on Gaus’s view ? cannot lead to purely political results because ? (and public reason in general …” „… very justification of political principles (R. Forst 2012, chapter I.4). More on this point in chapter …” „… problem with FT lies, let us imagine a constituency of public reason whose members agree that Rbarb2rightL …”

doi.org/10.5771/9783845247960

Sandra Seubert, Peter Niesen - Die Grenzen des Privaten

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Sandra Seubert (Hrsg.), Peter Niesen (Hrsg.)

Die Grenzen des Privaten

Reihe: Schriftenreihe der Sektion Politische Theorie und Ideengeschichte in der DVPW | Studies in Political Theory

Band 16 2010

Treffer in den folgenden Teilen:

Aagje Ieven Privacy: juridification and justification S. 131-145

„… of public deliberation. 3.2. Privacy and Democracy The need for a political justification of …” „… to suggest that instrumentalist justifications are the only possible or existing type of public …” „… 131 Privacy: juridification and justification Aagje Ieven 1 “Notions of juridification …”

Sabine Berghahn Kulturelle Differenzen zwischen Öffentlichkeit und Privatheit – eine Überforderung für das Recht? S. 107-131

„… Privacy: juridification and justification Aagje Ieven 1 “Notions of juridification always contain a …” „… were intruded upon, public during trial. Finally, the juridification of privacy rights brought about a …”

doi.org/10.5771/9783845221311

Swantje Renfordt - Framing the Use of Force: An International Rule of Law in Media Reporting

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Swantje Renfordt

Framing the Use of Force: An International Rule of Law in Media Reporting

2011

Treffer in den folgenden Teilen:

On Discourse, Law, Morality, and Politics - Core Assumptions of a Discourse Theory on Legitimate Law for the Purpose of this Study S. 38-44

„… political elites and the broader public in processes of public justification, reflection and explanation …” „… validity assessment involve communication in the mass public (Habermas 1996, 1986). In liberal democracies …” „… empirical: Conceptually, I ask how the added value of an investigation of “law in public discourse”28 can be …”

Public Discourses of Application & the Logic of Appropriateness S. 46-50

„… credibility of the power wielders. It forces those in power to engage in public justifications of their …” „… issues of common concern and create public support. Public justification processes are thus one essential …” „… the news agenda, this need for public justification is even larger. Military and humanitarian …”

Giving the Discourse Theory Empirical Grounding – Media Debates as a Forum for Discourses of Application S. 44-46

„… not mean that a law rule necessarily builds on a moral justification (Habermas 1996: 243-4). Discourse …” „… build on universal justification. They therefore extend the usual scope of legal norms: whereas legal …” „… discourses of application (Anwendungsdiskurse) and discourses of justification (Begründungsdiskurse …”

Alternative Assumptions S. 54-60

„… draw on individual rights arguments in a mass public justification of the use of force. Because of …” „… cultural justification of the use of force (Finnemore 1996: 332-3); there is no evident functional need to …” „… along a transatlantic dimension. Justification for the “EU versus US hypothesis” is provided by Kagan`s …”

Implications for Political Practice S. 209-211

„… 209 law in public discourse, thus placing attention squarely on the social validity dimension of …” „… one follows the normatively demanding view that legitimate law also rests on its public acceptability …” „… application), is a worthwhile undertaking in international norm research. Public discourses of norm …”

The Assumptions of Global Sociological Institutionalism S. 50-54

„… arguments in a mass public justification of the use of force. Because of their universal appeal, one would …” „… broader public about socially valid, relevant and acceptable arguments to discuss the use of force. Yet …” „… that these scripts offer an external cultural justification39 of social action that is presumed to be …”

Evaluation of Empirical Findings S. 202-207

„… the mass public. (2) The second major finding, which Table 15 reports concerns formative moments of …” „… conditions under which one would expect public discourses of application on law to emerge. The results …” „… suggest that a more general kind of public argumentation, one which adopts a law perspective, emerges when …”

Which International Law Norms Matter in Media Discourse? S. 136-143

„… seems to play a tremendously important role in the course of mass public justification processes. By …” „… difference might go back to the perceived level of public controversy over the use of armed force. I used …” „… ) to back up the argument that fierce public disapproval of an intervention, as against the invasion of …”

Law and Discourse – Empirical State of the Art and Research Questions S. 36-38

„… public in processes of public justification, reflection and explanation. Newspaper discourses mirror …” „… 36 Chapter 3 - Linking Law & Public Discourses 3.1 Law and Discourse – Empirical State of the Art …” „… the “informal”, public dimension of norms, in particular to their representation in mass discourse …”

Contribution of my Findings to the International Relations Literature S. 207-209

„… conclusions on the dynamics of public speaking about International Law norms since it captured long-term …” „… interventions, by analysing the national public debates in six Western countries (France, Germany, United …” „… decision-making. Yet, this literature would benefit from taking into account public media discourses as worthwhile …”

Defining Discourse and Norms S. 24-29

„… paucity of studies which examine law norms in the informal, public dimension. Assuming that …” „… , another is their social validity, i.e. whether legal rules accord with what the broader public considers …” „… is not something that can be declared. It is something that can emerge in the course of public …”

Generalisability of Findings and Possibilities for Future Research S. 211-212

„… considerations as a justification for the use of force in the UN Charter, and in light of the strong emphasis of …” „… these considerations in mass public debate, this study hopes to encourage further debate on and provide …” „… content and intensity of mass public 212 debates about International Law norms is organised on a Western …”

Conceptual Departures – Merging Discourse Theory of Legitimate Law and Approaches from International Relations Theory S. 197-202

„… clarified the added value of an examination of law in public discourse and developed empirically testable …” „… the larger public, in the focus of inquiry. In this final chapter, I begin with a summary of the …” „… of “public discourses” for the study of legal rules in international relations and showed that 198 an …”

– Introduction S. 13-23

„… and political actors are “forced” into public processes of justification and explanation. This work …” „… to the public dimension of these norms, such as debates in political mass communication.2 Why is it …” „… that this field is apparently underexplored in research to date? Are public spheres no relevant space …”

Frame Analysis as a Tool to Trace Meaning Structures in Media Debate S. 69-84

„… outcomes and the public perception of an issue.45 The literature on strategic framing refers to frames as a …” „… 46, the latter asks for the effects of framing on political actors and processes as well as on public …” „… opinion and the public perception of a political issue by the news 46 For an overview on studies that …”

Do Borders Matter for a Moral Framing? S. 172-181

„… debate in the new millennium and given that this event was hardly discussed in public using a moral …” „… human rights terms, a finding that is in line with the official justification for the invasion, which …” „… justification for military action. 179 The examination of temporal effects on the volume of law discourse …”

How Visible is International Law in the Media? S. 105-118

„… support by the broader public is a key element of the idea of political legitimacy and accountability in …” „… Western liberal democracies and a reason why political elites are constantly involved in public processes …” „… of justifications and explanation (Sartori 1987). To a large extent, these debates are channelled …”

Defining and Sampling the Data S. 84-94

„… articles addressing the topic.59 In order to identify the mass public discourse on humanitarian and …” „… . The combined keyword strategy as outlined above intentionally restricts the coverage to public debate …” „… is likely to lead to public debates addressing validity concerns. The issue of military deployment …”

Do Borders Matter for an Overall Law Framing? S. 143-172

„… by an assessment of the more specific parts of law debate including public discourse about human …” „… public debate about law norms in three ways, corresponding to the three dependent variables of interest …” „… military force (variable ilaw_mon_share). 114 See Chapter 6.2 for a justification of the decision to …”

Appendix Two – Excerpt from Codebook S. 234-254

„… International Role – Public Discourses about Humanitarian and Military Interventions and their Effects on …” „… ambivalent / there is no direction of discussion evident 3 Self-defence is no justification for intervention …”

doi.org/10.5771/9783845231433

Christian Calliess - Herausforderungen an Staat und Verfassung

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Christian Calliess (Hrsg.)

Herausforderungen an Staat und Verfassung

Reihe: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Band 100 2015

Treffer in den folgenden Teilen:

Richard Kreindler Justifications, Excuses and Defenses in the Case of Corruption and Bribery S. 213-225

„… also a number of differences in the treatment of justifications,excuses and defenses between commercial …” „… Justifications, Excuses and Defenses in the Case of Corruption andBriberyRichard Kreindler*In both …” „… environment at issue.1Conceptual Challenges GenerallyJustifications, defenses and excuses can be used as a …”

Iris Canor National Constitutional Identity and Ordre public: An Intradisciplinary Analysis of European Constitutional Law and European Private International Law S. 475-498

„… National Constitutional Identity and Ordre public:An Intradisciplinary Analysis of European …” „… process of creating an evercloser union among the peoples of Europe […]”.475TEU; and „ordre public” (or …” „… public policy), which forms part of Europeanprivate international law.I chose to concentrate on these two …”

Anne Peters The Crimean Vote of March 2014 as an Abuse of the Institution of the Territorial Referendum S. 278-303

„… suchindirect democratic justifications were the re-unification of Germany in1990, and the secession of Kosovo …” „… justification, this rule must extend to all types of territorialchanges, especially against the background that …” „… „democratic justification” of the status change laid in the elections to parliaments (or representative bodies …”

Titelei/Inhaltsverzeichnis S. 1-24

„… KleinDie Rolle des UN-Sicherheitsrates in aktuellen Krisenszenarien 196Markus KotzurJustifications, Excuses …” „… Constitutional Identity and Ordre public:An Intradisciplinary Analysis of European Constitutional Law andEuropean …”

Jürgen Bröhmer Some Remarks on the Decision of the International Court of Justice in the Case of Germany v. Italy S. 44-64

„… : Wolfrum (ed.), The Max Planck Encyclopedia of Public InternationalLaw, 2008, online edition …” „… had brought forward several justifications for denying immunity toGermany, a territorial torts …” „… of public international law. Judge Gaja is finallypersuaded by an argumentum a fortiori – here a …”

Karin Oellers-Frahm Much Ado About R2P A critical assessment of the prospects of R2P as an „obligation” to protect S. 246-264

„… Institute for Comparative Public Law and International Law, Heidelberg.1 Art. 24 UN Charter; cf. Krisch, in …” „… ”. Under the concept of humanitarian intervention the justification of SC action raised problems with …” „… veto, because„public explanations for casting a veto do not necessarily reflect the realpicture”.46 In …”

Christian Tomuschat Peace Treaties and Jus Cogens S. 339-359

„… other clauses which abroad public deemed to impose too high and unjust a burden on Germany.Only one of …” „… justification wasforeseen in international humanitarian law to take reprisals of such magnitude against an …”

doi.org/10.5771/9783845254319

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