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Understanding Legitimacy - Political Theory and Neo-Calvinist Social Thought (Hardcover)
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Understanding Legitimacy - Political Theory and Neo-Calvinist Social Thought (Hardcover)
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In recent years, political theorists have increasingly focused on
the question of legitimacy rather than on justice. The question of
legitimacy asks: even if legal coercion falls short of being
perfectly just, what nonetheless makes it morally legitimate? Yet
legitimacy remains poorly understood. According to the regnant
theory of justificatory liberalism, legitimate legal coercion is
based on reasons all reasonable persons can accept and is conceived
in terms of a hypothetical procedure. Philip Shadd argues that this
view would effectively de-legitimize all laws given its requirement
of unanimity; it wrongly suggests that basic rights are outcomes of
political procedures rather than checks on such procedures; and it
is paternalistic as it substitutes hypothetical persons for actual
persons. Where should theorists turn? Shadd's perhaps surprising
proposal is that they turn to neo-Calvinism. Founded by the Dutch
politician, theologian, and social theorist, Abraham Kuyper
(1837-1920), neo-Calvinism is a specific variant of Reformed social
thought unique for its emphasis on institutional pluralism. It has
long theorized themes such as church-state separation, religious
diversity, and both individual and institutional liberty. Out of
this tradition Shadd reconstructs an alternative framework for
legitimacy. The central neo-Calvinist insight is this: legitimacy
is a function of preventing basic wrongs. The book develops this
insight in terms of three ideas. First, the wrongs that legitimate
regimes must prevent are violations of objective natural rights.
Second, these rights and wrongs presuppose some or another view of
basic human flourishing. Third, Shadd suggests we understand these
rights and wrongs as being exogenous. That is, they are not social
constructions, but arise outside of human societies even while
applying to them. While based in a religious tradition of thought,
religious intolerance is no part of this neo-Calvinist theory of
legitimacy and, in fact, runs contrary to neo-Calvinism's
distinctive institutional pluralism. But only by theorizing
legitimacy along the lines Shadd suggests can we make sense of
convictions such as that some legal coercion is legitimate even
amidst disagreement and that paternalistic coercion is
illegitimate. Neo-Calvinism offers a better framework for
understanding legitimacy. This book will be of particular interest
to secular theorists focusing on themes of political legitimacy,
public reason, justificatory (or political) liberalism, or the work
of John Rawls, and to religious theorists focused on theories of
church-state separation, institutional pluralism, and religious
diversity.
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