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This chapter analyzes how social policy in China has contributed to the well-being of the middle class and their trust of the government. The author argues that if we examine not just China’s earlier reform period (1978–2003) and the fast-growing era (2003–2012), but also the sharp Left Turn in recent years (2012–present), it is hard to fit China’s social policy into the theories of productivism or developmental welfare state that are often associated with the East Asian countries. China’s welfare system is an instrumentalist model which is centered on maintaining the leadership of the Communist Party of China. With this in mind, social policies have been actively used in the past few years to support two mutually independent but intersecting intermediate goals: maintaining economic development and social stability. Both are vital to the party’s authority.
A careful examination of the idea of democracy suggests that democracy is not best understood as a form of government that is unconditionally responsive to the preferences of the majority. In particular, a will-based conception of democracy—which assigns effectively unlimited power to the majority—can claim support neither in the intellectual history of democracy nor in a plausible interpretation of the idea of democracy. The western democratic tradition is contractualist, and that tradition works from the foundational intuition that legitimate power derives from the consent of the governed. That intuition justifies majority rule as an important element of social choice, but it also requires the entrenchment of rights protections as an element of any acceptable set of political institutions. If entrenched rights are to provide effective protections to liberty interests, they must be enforced by an institution that is not subject to majority control; a “constraint” on the will of the majority that is controlled by the majority is no constraint. Democratic institutions must therefore include an institution independent of majority control whose purpose is to enforce rights protections against the majority.
The “democratic” character of the representative legislature is routinely contrasted with the undemocratic character of courts administered by unelected judges. Since the legislature allegedly possesses a democratic pedigree while the courts allegedly lack such a pedigree, it is argued that the courts should defer to the legislature on questions regarding fundamental social values. I argue that this view does not survive a careful examination of the history and character of representative government and the judiciary. Representative government was designed to assign decisive political power to elites whose qualities distinguish them from the average citizen. The legislature, therefore, hardly possesses an impeccable democratic pedigree. The democratic pedigree of courts exercising the power of judicial review, on the other hand, is stronger than has been generally appreciated. The democratic pedigree of the Constitution is superior to that of statutory law because the Constitution represents a more fundamental and direct expression of the public will than statutory law. The courts, in exercising the power of judicial review to enforce constitutional requirements, can therefore plausibly claim a democratic pedigree—within their areas of competence—at least equal to that of the legislature.
How were seventeenth-century projects of wetland improvement remembered and revived in the centuries that followed? What remnants of wetlands past persist in popular memory, troublesome spirits, floodwaters, and nature reserves? This chapter traces afterlives of the turbulence and tumult generated by fen projects. In doing so, it weaves together the key strands of this book. First, new intellectual and political tools were needed to define and implement wetland improvement, reconceiving the scale of environmental thought and action in early modern England. Second, customary politics proved a powerful force in the negotiation of improvement as commoners intervened in the flow of water, the exercise of property rights, and the practice of sovereignty. Finally, coercive projects of environmental change expanded cracks in the exercise of central authority, becoming entangled in civil war conflict and imperilling the stability of improvement. It concludes by asking what conflict over early modern wetlands can tell us about the environmental politics of the Anthropocene.
What should we make of the dramatic appearance of the Leveller leader John Lilburne in Hatfield Level in 1651, at the height of a decade of anti-improvement riots? This unusual contact between central radicalism and rural unrest destabilises binaries between a zealous minority driving civil war conflict and indifferent provincial subjects. Fen projects instead expose the pluralism of political ideas in seventeenth-century England. These crown-led ventures polarised notions of justice and became entangled in the events and debates propelling the English civil wars. In Epworth Manor, commoners across the social spectrum asserted an inalienable ‘just right’ to wetland commons in the face of royal and republican coercion. The strength of customary politics extended far beyond the parish, becoming a powerful means to articulate opposition to improvement in conflicts that moved between wetlands and Westminster. Central governors ultimately struggled to exercise a monopoly over legitimacy or violence in Epworth, where collective action across almost a century repelled efforts to turn their commons into theatres of state power and national productivity.
In the last century, economic sanctions have been used with increasing frequency as a tool of global governance, as well as in foreign policy. At the same time, they have long been criticized for their lack of success in achieving the stated goals of the sanctioners. However, what has received far less attention is the question of whether, and when, it is legitimate to impose sanctions. It has become increasingly clear that the humanitarian impact of sanctions may be devastating, affecting healthcare and food security, as well as harming vulnerable populations such as migrants. Sanctions may interfere with the work of humanitarian aid organizations, create diplomatic problems, and undermine the autonomy of sovereign states. Further, there can be significant legal questions regarding the use of sanctions, whether they are imposed by states or by institutions of global governance.
The questions of accountability, legality, and legitimacy in regard to economic sanctions are remarkably convoluted. While they are distinct concepts, in the context of economic sanctions they are closely intertwined. Accountability can be found in many forms, including judicial venues, institutional oversight, political mechanisms, and public protest. In the case of the UNSC sanctions on Iraq in the 1990s, it might be said that the main forms of accountability that came into play were public pressure, as well as political pressure within the UN and outside of it. In the case of “targeted” sanctions, the perception that these measures are genuinely limited in their effects has obscured the fact that they are often indiscriminate and disproportionate, raising questions of legitimacy and legality, while undermining efforts at accountability. With regard to unilateral sanctions imposed by states, there are often significant issues of legality, where these measures do not properly constitute either retorsions or countermeasures. While asset freezes and similar blacklists of individuals (SDNs) appear to address the legal and ethical objections to comprehensive sanctions, there are issues related to the lack of due process, with implications for both the legality and legitimacy of these measures.
The success (or failure) of ‘borrowed’ or ‘transplanted’ laws is largely attributed to the extent of compatibility between them and the contexts of their host countries. This paper draws upon legal philosophy, legal transplant, and new institutional economics literature to argue that while compatibility is both relevant and important, legitimacy is equally – if not more –critical for shaping the extent, quality and direction of enforcement of legal transplants in their adoptive contexts. This is especially true for the more technical economic transplants that are often considered to be context independent. To establish this argument, the paper explores the concept of legitimacy and its relevance for legal transplants; why it may be mistaken for compatibility; and why it is distinct from it. It also compares the Indian, Pakistani and Bangladeshi experience of transplanting modern competition laws to demonstrate how the legitimacy quotient of these economic transplants has impacted their subsequent enforcement.
This article is focused on uncovering how authoritarian legal scholars in interwar Poland dealt with the issue of the ‘sovereign’. In most democratic constitutions, the ‘people’ are said to be sovereign. In a monarchy, the monarch is the sovereign. However, in an authoritarian system, the source of power can be much more vague. In the late 1920s and early 1930s, Polish legal scholars and politicians began designing a constitution that would solidify power gained after a 1926 coup d’etat. The ultimate result was a constitution ratified in April 1935 using strong-arm tactics. I argue that the 1935 constitution’s main authors used a unique combination of neo-monarchism and ‘social solidarism’ to justify a legal revolution. The first replaced democratic sovereignty with monarchism, embodied in a president who metaphysically represented the Polish nation. The other justified a socio-political system based on the principle that unity of the whole was more important than individual freedom. Thus they arrived at an authoritarianism that was both legal and ‘legitimate’. At the end of the article, I show the legacies of this thinking in the post-World War II communist era. Stalinist legal scholars in Poland used precisely the same language from the 1930s to justify the introduction of a new constitution in 1952.
We use recent theories of the politics of economic development and of economic interdependence and war to construct an analytic narrative of the events covered in this volume. We trace the end of China’s hegemony, and the instability that attended it, to the different policies the region’s states chose toward commerce, development, and reform. States that pursued modernization gained wealth and power relative to those that did not. These choices had fateful consequences for the regional balance of power and encouraged modernized upstarts to overthrow the traditional order. A more dynamic order arose as great powers competed to impose a new hegemony or at least a new stability, forming coalitions with the region’s other states and offering new ideologies to legitimize their rule. While existing theories shed light on the evolution of East Asian order, our consideration also reveals important gaps in explanation that merit further investigation.
With the Liberal International Order (LIO) in decline, scholars have focused increasingly on the possible return to a Westphalian great power system marked by sovereigntist claims and balancing among states. The actions of the Trump administration, however, raise a number of significant puzzles for such accounts—the US seems willing to sign deals with traditional adversaries including Russia and China, while targeting long-standing allies like Canada and Denmark. At the same time, transactional politics often serve narrow personalist interests rather than national objectives. In short, a Westphalian lens focused on states and sovereignty may generate intellectual blinders that misreads the emerging international order. To overcome these limitations, we propose an alternative account, which we label neo-royalism. The neo-royalist order centers on an international system structured by a small group of hyper elites, which we term cliques. Such cliques seek to legitimize their authority through appeals to their exceptionalism in order to generate durable material and status hierarchies based on the extraction of financial and cultural tributes. This short paper lays out the key elements of the neo-royalist order, differentiating it from the Westphalian and Liberal International Orders, and applies its insights to better grapple with the emerging system being promoted by the United States under Donald J. Trump. For policymakers and scholars, the neo-royalist approach clarifies recent events in US foreign policy. Theoretically, the field should take contending ideas of international order seriously, and establish a research agenda beyond a backward looking view to the Westphalian moment.
This chapter conceptualizes deference as an international court’s acceptance of the state’s exercise of authority. It presents a method for measuring deference that combines case outcomes, interpretation, and remedial orders. The chapter introduces a novel theoretical account of deference. This explanation centers on a court’s strategic space, or the range of possible decisions that will satisfy a court’s legal and political imperatives, and argues that two political factors determine this strategic space: formal independence and political fragmentation. The former concerns the formal rules that safeguard independence while the latter refers to the heterogeneity of states’ preferences. These two constraints affect deference by way of their impact on a court’s legitimacy and the feasibility and credibility of state resistance. The theoretical account also considers the role of persuasive argumentation, public legitimation, and past resistance. This explanation is distinguished from accounts that emphasize judicial support networks and political norms and legal culture.
This chapter summarizes the empirical findings by comparing the three international courts. It shows that the EACJ has been the most deferential of the three courts, followed by the CCJ, and the African Court has been the least deferential. At the same time, the EACJ has the narrowest strategic space, the African Court the broadest and the CCJ lies between. The comparative analysis corroborates the theoretical argument of the book as each court’s deference closely aligns with its degree of formal independence and the extent of political fragmentation among its member states. The chapter revisits the book’s core argument by discussing the scope of the argument and considering its generalizability. It concludes with a discussion of the book’s implications for interdisciplinary research on international courts and IR literature on IOs in contemporary world politics.
This article argues that the role of surrender in shaping international legitimacy has been largely overlooked – particularly its symbolic dimension. Challenging dominant views that reduce victory and defeat to moments of rupture, it adopts a long-term, relational perspective, reframing surrender as embedded in ongoing processes that shape and reshape legitimacy over time. It explores how symbols that become central during surrender – including foreign and domestic leaders – can mediate tensions between coercion–consent, pride–stigma, autonomy–dependence, while fostering social cohesion across domestic and international societies. Drawing on case studies, process sociology, complexity theory, the English School, and Thucydides, it demonstrates how the symbolic management of surrender can lead to path dependencies that influence state-formation, a defeated state’s identity, and regional integration. Emphasising the fluidity and political weight of symbolic meanings, it advances a relational understanding of hegemonic legitimacy. In doing so, it links the origins of legitimacy to its continuous development and critiques both simplistic victor’s peace narratives and process-reductive histories. Ultimately, it illuminates not only the challenges but also the symbolic opportunities for constructing legitimacy in an interdependent world – underscoring that power endures through its symbolic anchoring in meaning and, with it, the hope for reconciliation despite defeat.
Shah Tahmasb (r. 1524–76), the second Safavid ruler, faced the immense challenge of establishing his legitimacy and power in the shadow of his legendary father, Ismail, the founder of the dynasty. The Turkic tribal chiefs of Anatolia, including the Rumlus, Ustajlus, Afshars, Qajars, and Takkalus, were often resistant to subservience, especially to a ruler they perceived as lacking the military might and charismatic authority of Ismail. During the first half of Tahmasb’s reign, this challenge was particularly acute.
To secure his rule and the loyalty of his chiefs, Tahmasb turned to the spiritual concept of ikhlās (purity of intention), a powerful moral code drawn from the Qurʾan and expounded in Sufi ethics. This concept, used to consecrate the bond of loyalty between the chiefs and their Sufi king, made the loyalty morally binding and more difficult to break. In the face of political instability, marked by civil war and a massive Ottoman invasion, the Safavid dynasty’s survival depended on this cultivation of sacred loyalty.
Despite his lack of immediate personal charisma, Tahmasb’s cultivation of consecrated loyalty solidified the chiefs’ allegiance and helped the Safavids endure their most perilous period, preserving both the dynasty’s cohesion and its long-term survival.
‘Democratic innovations’, which enhance citizen participation in decision-making processes, have been proposed to address challenges faced by many democracies. Only recently has research studied these innovations’ legitimacy among the public, which is of importance if innovations are to be viable remedies for democracy’s problems. This paper advances this literature with survey experiments conducted in Ghana. Ghanaians ascribe higher legitimacy to citizen deliberative bodies (mini-publics), open participatory processes, and citizen-elite deliberation processes relative to the status quo. These processes generate more legitimacy among those who do not favor the process outcome. Ghanaians were most favorable towards citizen-elite deliberation, viewing it as more fair, democratic, and likely to ameliorate partisan tensions. I suggest that this is because citizen-elite deliberation is most consistent with Ghanaian understandings of democratic accountability. This highlights the importance of context in shaping democratic reforms’ legitimacy, with implications for theory and reform design.
Within the UN, there is a divide between NGO networks with differing stances on gender equality and women’s rights. Feminist and feminist-informed NGOs push for extensive women’s rights, including reproductive rights and protection against discrimination. In contrast, conservative NGOs uphold traditional gender roles and family structures, strongly opposing reproductive rights like abortion. Studies have examined these NGOs’ stances and advocacy tactics, but a detailed comparative analysis of their views of the UN – their key battleground – is missing. The paper addresses this gap by assessing how each group evaluates the UN’s legitimacy and identifying the underlying sources of legitimacy beliefs. By combining computational and qualitative text analysis, it reveals several trends: the UN is central in the discourse of both groups of NGOs, although it appears more in feminist NGOs’ communications, and feminist groups generally evaluate the UN’s legitimacy more positively. This positivity peaks when the UN actively supports feminist objectives and collaborates with these NGOs. Conservative NGOs, on the other hand, positively evaluate the UN when they can align the UN’s foundational texts with their views and when they garner support from conservative states. Their most negative evaluations occur when they believe the UN uses deception to promote progressive policies.
This chapter concludes the book with normative messages on contexts where states can trust public cooperation without coercion, addressing jurisprudential and normative aspects of governments gaining public cooperation.
Researchers assessing the nature of bicameralism have traditionally focused on the powers of upper chambers and potential (in)congruence with a lower chamber. Recently, the perceived legitimacy of upper chambers has been recognized as a vital third factor. However, previous studies measuring the upper chambers’ perceived legitimacy have (1) not considered whose perceived legitimacy is determinative (members of the institution vs. the general public) and (2) over-emphasized the input legitimacy. To explore the problems of the perceived legitimacy conceptualization, the qualitative content analysis of semi-structured interviews with Czech senators and Czech ‘ordinary citizens’ was used. It shows that perceptions among senators and the general public differ significantly. The results demonstrate that perceived legitimacy can be significantly influenced by factors such as the characteristics of senators, the apolitical nature of the institution’s processes, or the institution’s outputs. These may even overshadow the importance of input legitimacy in general, and democratic legitimacy in particular.
Joseph Raz’s service conception of legitimacy says citizens must obey the state when its directives allow them to comply with reason better than they would by deciding independently. Yet citizens’ capacity to decide for themselves is endogenous to state authority: the more they defer, the less competent they might become. Consequently, a state might secure its legitimacy through a self-fulfilling dynamic whereby citizens need state authority only because they have grown dependent upon it. This article diagnoses the problem and explains how the service conception can guard against it. Besides Raz's account, its argument applies to any theory of legitimacy with a “service” component.