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This chapter inquires into the way the most prominent figure in the cyberwar discourse, Michael Schmitt, constructs his authority in his presentations. It concludes that these presentations entail a kind of map-drawing: the first part of the chapter shows how Schmitt relates to ‘time’ by positioning himself as well as the Tallinn Manual within the past, present and future of international legal thinking. The second part of the chapter shows how he constructs a spatial map of the field within which he functions and discursively relates to several ‘others’: nonlawyers; other(s) (lawyers) who, in his view, misinterpret international law as well as those he refers to as “pure academics”; third, the group of experts involved in the composition of the Manual; and finally, himself in the third person. Following the construal of all these links, what is left at the heart of the discursive map is Schmitt himself, holding the key to legal knowledge as well as functioning as gatekeeper for those he considers suitable to partake in the cyberwar debate.
Chapter 1 expands on the relationship between history, law and politics in Zimbabwe. It traces historical trends in the mobilisation of law’s coercive power by consecutive colonial and post-colonial governments, locates the development of legal consciousness in citizens’ relations to the colonial legal system and examines debates over ‘professionalism’ and ‘justice’ between the executive and the judiciary, and within the judiciary itself. It then situates the attacks on members of the judiciary and the rule of law after 2000 in the context of ZANU-PF’s mobilisation of a selective historical narrative, its ‘patriotic history’, to argue that conceptualisations of justice took on fundamentally new forms which shape the understandings of the legitimacy of law and its relation to state authority explored within this thesis, but which are rooted in this longer history.
Focusing on political trials in Zimbabwe's Magistrates' Courts between 2000 and 2012, Susanne Verheul explores why the judiciary have remained a central site of contestation in post-independence Zimbabwe. Drawing on rich court observations and in-depth interviews, this book foregrounds law's potential to reproduce or transform social and political power through the narrative, material, and sensory dimensions of courtroom performances. Instead of viewing appeals to law as acts of resistance by marginalised orders for inclusion in dominant modes of rule, Susanne Verheul argues that it was not recognition by but of this formal, rule-bound ordering, and the form of citizenship it stood for, that was at stake in performative legal engagements. In this manner, law was much more than a mere instrument. Law was a site in which competing conceptions of political authority were given expression, and in which people's understandings of themselves as citizens were formed and performed.
New institutional economics (NIE) studies institutions and how they emerge, operate, and evolve. They also include organizational arrangements, intended as modes of governing economic transactions. Universities offer an exciting ground for testing the role of different institutional arrangements (governance forms) in coordinating (academic) transactions. In a context of contractual incompleteness where production is characterized by a highly specialized nature and requires the cooperation among co-essential figures, we argue that shared governance models (versus models with more concentrated authority) foster idiosyncratic investments in human capital and promotes performance. From the evolutionary viewpoint, we explain why institutions based on shared governance have developed within universities. The normative question of how universities should be governed is a debated issue in the literature. Since the 1980s, the new public management paradigm provides a theoretical framework that suggests analyzing university like firms. It is based on the firm's archetypical conception as top-down hierarchical organizations and as a descending sequence of principal–agent problems. We advance a different interpretation of the university–firm analogy leveraging on the NIE and its developments. To empirically analyze our hypothesis, we collected original data from Italian universities in 2015. We find that more shared decision-making processes are correlated with better research performance.
In contemporary societies, policy and planning initiatives driven by state-appointed institutions seek to manage and promote specific, prestigious, standardized varieties of language. Within the framework of language ideologies and standardization, this chapter analyses academies and similar organizations charged with promoting the Spanish language and seeks to identify contemporary patterns of normativity, with a particular focus on the Real Academia Española (Royal Spanish Language Academy, or RAE). The evolving nature of contemporary media, particularly social media, requires scholarship to address how these outputs constitute a form of status planning and how the interface between the digital world and language standardization works. Building on previous work on ‘Standard’ or ‘Panhispanic’ Spanish, I consider how the RAE has embraced and harnessed technological advances and explore how these latest changes are employed as a way of promoting Spanish globally. A wider discussion on the role of academies as ‘language mavens’ and ‘verbal hygienists’ follows. By critiquing the missions, activities, publications and practices carried out in these state-appointed institutions, we can understand how language management goals are achieved and how digital discourse disseminates, legitimates and reinforces the authority of both the institutions and also the state that appoints them.
We present a second-personal account of corporate moral agency. This approach is in contrast to the first-personal approach adopted in much of the existing literature, which concentrates on the corporation’s ability to identify moral reasons for itself. Our account treats relationships and communications as the fundamental building blocks of moral agency. The second-personal account rests on a framework developed by Darwall. Its central requirement is that corporations be capable of recognizing the authority relations that they have with other moral agents. We discuss the relevance of corporate affect, corporate communications, and corporate culture to the second-personal account. The second-personal account yields a new way to specify first-personal criteria for moral agency, and it generates fresh insights into the reasons those criteria matter. In addition, a second-personal analysis implies that moral agency is partly a matter of policy, and it provides a fresh perspective on corporate punishment.
This chapter focuses on New Speakers of minority languages and their alignment with traditionalist and modernist ideals of standardization, authority and legitimacy. First, the relevance of the New Speaker paradigm for minority languages is outlined and associated standardization processes are analysed, particularly in the cases of Breton and Irish. It is argued that while standardization initiatives in both languages were carried out with a view to modernization, the processes nonetheless took place within value-laden, traditionalist contexts. The subsequent discussion focuses on the manner in which the language practices of New Speakers of Breton and Irish have come to be associated with the standard written varieties of the languages and perceived, at times, as oralizations of written standards. This association is a fundamental feature of the language ideological landscapes of Breton and Irish and is at the heart of debates pertaining to target language varieties. In order to illustrate these tensions, the chapter shows how New Speakers of Breton and Irish can align their linguistic practices with traditionalist and modernist discourses by identifying either with a conservative dialect of either language or by not focusing on any particular established target variety in their practices or ideologies.
One of the distinctive features of Maimonides’ approach to the problem of evil is that he treats the problem not only from a metaphysical viewpoint, but from a psychological one as well. He blends philosophical, biblical, talmudic, and midrashic insight with psychological acumen, just as he does in his writings and communications to beleaguered communities and individuals. In the area of theodicy, then, he tackles two sorts of issue: (1) How God could allow any evil; how, in particular, God could allow the righteous to suffer and the wicked to prosper and (2) How human beings should experience and cope with suffering and death, and behave in its presence. For example, they need to ask themselves whether their personal situations affect how they assess the amount of evil in the world, whether what they regard as evils are truly evils or instead just contrary to their interests, whether they are blaming God for evils they caused out of their own free will, and what they can do to better their condition. Maimonides sometimes commutes between the psychological and philosophical dimensions of the problem.
The chapter addresses the works of the major defender of the conciliarism of the Council of Basel: John of Segovia. John was notable for the profundity of his thought: he addressed fundamental concepts, including the nature of authority, the role of trust and the idea that ultimately only the truth has authority. In contrast there are considered the works of John of Turrecremata who provided the most important defence of he papalist position – the greatest work of ecclesiology of the late Middle Ages. This chapter also considers the works of Antonio de' Roselli – these showed clearly the difficulties involved in applying modern notions of conciliarism and papalism in attempting to understand the thought of this period. The chapter ends with an evaluation of conciliarism. This shows that it was overwhelmingly a scholastic and clerical movement; that it was not as radical as it might appear.
The contestation of global governance institutions can strengthen or weaken, as well as transform, them. This article analyses the productive potential of contestation and justification of global governance institutions by examining the multiple authorities that are invoked as auxiliaries in the process. It studies the (re-)construction of these authorities by dissecting authority into three components: power, legitimacy and connection to public interests. Empirically, the article focuses on the issue area of business and human rights, examining the highly contested process of drafting a binding instrument in the United Nations Treaty Process. The analysis shows that the success of the Treaty Process not only hinges on its direct reaction to contestation, but also on its ability to (re-)construct the multiple related authorities. Ultimately, the article argues that the contestation of global governance institutions involves (re-)constructing multiple authorities. This demonstrates how contestation can also affect global governance institutions, actors and norms beyond the specific field of deliberation.
The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy.
How was power justified in late medieval Europe? What justifications did people find convincing, and why? Based around the two key intellectual movements of the fifteenth century, conciliarism in the church and humanism, this study explores the justifications for the distribution of power and authority in fifteenth- and early sixteenth-century Europe. By examining the arguments that convinced people in this period, Joseph Canning demonstrates that it was almost universally assumed that power had to be justified but that there were fundamentally different kinds of justification employed. Against the background of juristic thought, Canning presents a new interpretative approach to the justifications of power through the lenses of conciliarism, humanism and law, throwing fresh light on our understanding of both conciliarists' ideas and the contribution of Italian Renaissance humanists.
It has recently been suggested that the study of international legal life should take an ‘empirical turn’: a turn which has often focused on how patterns of authority emerge and operate in relation to international courts. In what follows it is argued that this empiricism fails to distinguish (for the purposes of sociological inquiry) authority from various other concepts such as power or consensus in the study of international law and courts. This is because this method focuses only on overt signs, such as observable action or statements of intention, and at the level of the sign these concepts are not obviously distinguishable. However, one solution to this problem, which is to collapse socially significant and distinct categories such as authority and consensus into a broad category of ‘power’, requires the adoption of an implausible and inconsistent view of agency in explanations of legal authority. By contrast, and in line with the long-standing interpretivist tradition in sociological and legal method, we claim that in order to interpret the observable signs of compliance to international legal rules and principles as indicative of authority, consensus, or power, it is necessary to interpolate an account of the reasons which give rise to the compliance we observe. This, in turn, explains why international legal doctrine, as an axiological structure, gives rise to the behaviour of its addressees, such as state officials.
This chapter is concerned with how a claim to global authority over land and resources in the Global South has been invoked and the shape or form it has been given. It shows how the designation of both climate change and tropical deforestation as matters of ‘common concern’ has operated to authorise global authority over activities within national states that contribute to these processes. It interrogates how climate change has come to be understood in specific ways as an ‘object’ or ‘problem’ for law, and how this has given a distinctive shape to the climate regime. Finally, although forests have historically been subject to competing claims of international, national and local ownership, it shows how the focus on the capacity of forests to sequester carbon and function as carbon sinks has made it possible for the issue of deforestation, and thus also forest management, to be understood as a matter of global, rather than simply local or national, concern.
This chapter rounds off the volume in two ways. It deals with, first, the more sporadic interaction between jurists and philosophers in the early imperial period, and second, with the influence of the late Republican interaction on law and philosophy as they are both practised today.
The conclusion rearticulates the book's analysis and critique of how REDD+ brings forests within international financial flows by commodifying the sequestered carbon emissions saved from avoided deforestation or other forms of forest degradation in the Global South; and by potentially allowing ‘saved’ emissions to be used as an ‘offset’ towards the GHG reduction targets of the Global North. In these processes, new claims to international authority have been authorised and articulated, although these remain in many ways provisional and aspirational. It describes forests both materially and metaphorically as productive sites for the examination of questions of authority and the process of authorisation, because they have physically and symbolically been sites of contested authority. In closing, it gestures towards other possible ways we could live in and with nature, how we could live in relation with one another and how we could form worlds and our place in them.
This chapter introduces REDD+ as an ambitious project that is reorganising how forested land in the Global South becomes an object for international and transnational regulation. It argues that REDD+ operates to reorganise social relations and to establish new forms of global authority over forests in the Global South in ways that benefit the interests of some actors while further marginalising others. This chapter also sets out a unique conceptual apparatus to understand how REDD+ establishes and actualises new forms of authority over forested land and the peoples who live in and around forested areas. It adopts a configuration of four concepts – organised as two pairs – through which to understand REDD+. The first pair of concepts – climate justice and the green economy – provides a means of situating and conceptualising REDD+. The second pair – power and authority – speaks to the amalgamation and consolidation of global authority over forested areas, but also simultaneously the plural and diffuse means by which authority is exercised in REDD+.
This final chapter explores competition between Franciscan reform traditions over jurisdiction in the Custody to understand the Holy Land's importance as a Franciscan sacred landscape, and custodial administration as a manifestation of Franciscan authority and legitimacy.
A shared biblical past has long imbued the Holy Land with special authority as well as a mythic character that has made the region not only a revered spiritual home for Muslims, Christians, and Jews but also a source of a living sacred history that continues to inform present-day realities and religious identities. This book explores the Early Modern Holy Land (1517–1700) as a critical place in which many early modern Catholics sought spiritual and political legitimacy during a period of profound and disruptive change. The Ottoman conquest of the region, the division of the Western Church, Catholic reform, the integration of the Mediterranean into global trading networks, and the emergence of new imperial rivalries transformed the Custody of the Holy Land (Custodia Terrae Sanctae), the venerable Catholic institution that had overseen Western pilgrimage since 1342, into a site of intense intra-Christian conflict by 1517. This contestation thrusts into relief the Holy Land’s importance both a frontier and sacred center of an embattled Catholic tradition, and in consequence, as a critical site of Catholic renewal and reinvention.
In Reconsidering REDD+: Authority, Power and Law in the Green Economy, Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority.