Property and Authority in a Migrant Society: Balinese Irrigators in Sulawesi,Indonesia

Multiple definitions of resources as property lead to competition over legitimate authority between state and non‐state organizational and institutional arrangements. This article focuses on the overlapping and competing domains of the water users’ association, WUA, and the ‘traditional’ Balinese irrigators’ institution, subak. While the former is backed up by the power of state regulation and administration, the latter derives legitimacy from Balinese irrigators. The author presents a case study of the establishment and transformation of property rights in an irrigation‐based Balinese migrant society in Indonesia; he concludes that, in the ongoing process of competition for authority and mutual adjustment, both institutions undergo important transformations.     

The greatest treason? On the subtle temptations of preventive war

Over the last decade or so, growing attention has been paid to notions of preventive war. The most notorious case is the approach adopted by the Bush administration after the 9/11 attacks, but there has been a much wider debate. This article traces the lineaments of that debate, and the advocacy of a legitimate doctrine of preventive war, by those who are normally seen—rightly—as defenders of the rule of law and the just war tradition. This article argues that such attempts to justify some notions of preventive war are profoundly problematic and the attempt to make them fit within the rubric of the just war tradition is doomed to failure and potentially very damaging for the coherence of the tradition as an approach to the restraint of war.     

Eastern Europe and ‘legitimacy crisis’

An unexpectedly swift collapse of communist regimes in Eastern Europe amidst flares of mass dissent raises doubts about the accuracy of explanations of the persistence of these regimes in terms of ‘legitimacy’ and their fall in terms of ‘legitimacy crisis’. Such explanations are criticised and rejected as theoretically inadequate and lacking empirical support. It is argued that East European regimes had never developed mass legitimacy, and that even before the current upheavals they showed clear symptoms of non‐legitimate domination. In order to suggest an alternative interpretation of their persistence and fall, the paper clarifies the meaning of the term ‘legitimacy’, suggests reasons for the popularity of ‘legitimacy interpretations’, and critically assesses the empirical evidence for the alleged legitimacy and ‘legitimacy crises’. The concluding section outlines the bases of (non‐legitimate) communist domination and looks at the problems of (re‐establishing legitimate authority by the post‐communist East European regimes.     

‘It was Satan that Took the People’: The Making of Public Authority in Burkina Faso

This article explores the making of public authority through the analysis of one specific master‐hunter in Western Burkina Faso and of the cultural and political contexts in which he has emerged as a political actor. Instead of looking at institutions and socio‐political structures per se, the article focuses on a powerful but controversial political actor, in order to unpick the intricate networks that he has creatively appropriated in the making of public authority. The master‐hunter, whom we will call Kakre, has been breaking state law in order to assert his own authority, but he has also drawn upon state institutions to be recognized as a legitimate political actor. External actors, such as civil servants, politicians and private business entrepreneurs, have consulted him and asserted his public authority. As a political actor Kakre is generally held to be unpredictable, which is one of the reasons for the importance of scrutinizing his public authority. It could even be argued that ‘unpredictability’ is one of the characteristics that make authority and power compelling. In conclusion, it is suggested that public authority is derived from a combination of different sources of legitimacy and that, therefore, public authority is shaped by the very ‘unpredictability’ of specific political actors.     

The Contribution of Reinhold Niebuhr's ‘Moral Ambiguity’ to Contemporary Discussions on the Morality of Intervention and the Use of Force in a Post-Cold War World

Abstract

The post-Cold War world poses challenges to traditional principles guiding the ethics of the use of force. Military intervention and the current war on terror are two phenomena that challenge just war criteria such as just cause, right authority, and reasonable hope for success. The just war tradition is helpful but needs to be expanded and re-thought to address the pressing issues of our time. This paper suggests Reinhold Niebuhr's category of ‘moral ambiguity’ as a contribution to the discussion. His application of moral ambiguity to his situation during World War II and the Cold War witnesses to the depth that such a category can add to current international circumstances fraught with moral complexity. Though it too requires critique, contemporary discussions on military intervention reflect many of Niebuhr's evaluations of the ambiguity in the use of force as different global actors seek humane alternatives to provide relief to intense human suffering.     

Empowering Pyromaniacs in Madagascar: Ideology and Legitimacy in Community‐Based Natural Resource Management

Development practitioners frequently rely on community‐based natural resource management (CBNRM) as an approach to encourage equitable and sustainable environmental resource use. Based on an analysis of the case of grassland and woodland burning in highland Madagascar, this article argues that the success of CBNRM depends upon the real empowerment of local resource users and attention to legitimacy in local institutions. Two key factors — obstructive environmental ideologies (‘received wisdoms’) and the complex political and social arena of ‘community’ governance — challenge empowerment and legitimacy and can transform outcomes. In Madagascar, persistent hesitancy among leaders over the legitimate role of fire has sidetracked a new CBNRM policy called GELOSE away from one of its original purposes — community fire management — towards other applications, such as community management of forest exploitation. In addition, complications with local governance frustrate implementation efforts. As a result, a century‐long political stalemate over fire continues.     

Contested Sources of Authority: Re‐claiming State Sovereignty by Formalizing Traditional Authority in Mozambique

In Mozambique, the current legal framework institutionalizes a rural–urban differentiation of local governance, allowing for elected representation in thirty‐three urban settings and the recognition of ‘community authorities’ in rural areas. This article deals with the latter by exploring the implementation of Decree 15/2000, which is the first legislation in post‐colonial Mozambique to formalize ‘traditional authority’. Views of traditional authority as either a ‘genuine’ African form of authority legitimized by traditional beliefs and practices, or as a form of power ‘corrupted’ by colonial rule, are inadequate for understanding the current situation. In formerly war‐torn Sussundenga District, kin‐based authorities drew on elements from ‘traditional’ and ‘state‐administrative’ domains of authority in order to be recognized. Varied definitions of tradition came to justify leadership, but the content on which legitimization was based defies any generalized Weberian dichotomy between traditional and modern/state types of office. Different sources of legitimacy sometimes foregrounded administrative needs and at other times maintained what became defined as traditional.     

The war on terror in American grand strategy

The 9/11 attacks made the war on terror the central plank of American grand strategy. Yet despite its importance in shaping US policy choices, there has been considerable confusion over how the war on terror relates to foreign policy goals. This article attempts to locate the war on terror within American grand strategy and makes three claims. First, it argues that the Bush administration's approach to the war on terror rests on a false analogy between terrorism and fascism or communism. This has led to misinterpretations of the goals of the war on terror and to a persistent misuse of American power. Second, it suggests that the central purpose of the war on terror should be to de‐legitimize terror as a tactic and to induce states to assume responsibility for controlling terrorists within their borders. American grand strategy should be focused on creating a normative anti‐terror regime with costly commitments by linchpin states—defined as great powers and crucial but endangered allies such as Pakistan and Saudi Arabia—rather than on conducting regime change against rogue states on the margins of the international system. Success in the war on terror should be measured not by the perceived legitimacy of discrete US policy choices, but by the number of these crucial states who accept the de‐legitimation of terrorism as a core foreign policy principle and act accordingly. Third, it argues that bilateral enforcement of an anti‐terror regime imposes high costs for US power and puts other elements of American grand strategy— including the promotion of democracy and the promotion of human rights—at risk. To reduce these costs and to preserve American power over the long‐term, the US should attempt to institutionalize cooperation in the war on terror and to scale back ambitious policy choices (such as achieving a democratic revolution in the Middle East) which increase the risks of state defection from the anti‐terror regime.     

Who is entitled to ‘earn sovereignty'? Legitimacy and regime support in Abkhazia and Nagorno‐Karabakh

Abkhazia and Nagorno‐Karabakh are internationally unrecognised political entities, or so‐called de facto states, that have emerged as a result of the incomplete and contested state‐formation of their parent states and of the secessionist movements that emerged in the power vacuum of the post‐Soviet space. In addition to examining the conventional reliance on the self‐determination principle, usually followed by a call for international recognition (as often practised by emerging sovereigns), this article aims to survey whether these political entities have proved that they embody ‘rightful authority’ as such and whether they ‘have earned their sovereignty’. In other words, it attempts to examine the self‐determination claims in Abkhazia and Nagorno‐Karabakh based on legitimacy criteria that are widely accepted for liberal democratic societies using an analysis of the respective issues as they were represented in focus‐group discussions in these two regions.     

Between Athens and Jerusalem: Western otherness in the thought of Leo Strauss and Hannah Arendt

In understanding the meaning of the West, twentieth‐century political philosophers Hannah Arendt and Leo Strauss called for a return to “Athens” (classical political philosophy) in order to address the “crisis of the West,” a loss of a sense of legitimate and stable political authority which, in their view, constitutes a nihilistic threat to Western democracy. The only way for the West to escape this nihilistic crisis is to return to Plato and Aristotle. Implicit in this critique is the belief that the other tradition of the West, “Jerusalem” (the Bible) has contributed to this nihilism, by undermining the authority of the Greeks. Is Jerusalem, then, the fatal “Other” for the West? Which tradition—Athens or Jerusalem—is best prepared to alleviate the crisis of the West, especially the survival of democracy? As I address these questions, I shall contend that it is Jerusalem, not Athens, which is the true source of Western democracy.     

Pacifying War Heritage: Patterns of Cosmopolitan Nationalism at a Danish Battlefield Site

Former battlefields are often held to be important nodes in national iconographies. This article offers an analysis of a Danish battlefield site which has historically been taken to epitomise fervently ethnic national qualities. The article traces significant shifts in the ways its relevance has been and currently is being imagined and expressed. The heritage and commemorative practices conducted here are analysed as an ongoing symbolic struggle between ‘civic’ and ‘ethnic’ conceptions of nation. It is argued that a third mode of identification, termed ‘cosmopolitan nationalism’, seems to be on the rise here. In such an understanding, the war site becomes ‘pacified’, i.e. symbolically associated with qualities of peace‐keeping and humanitarianism. Importantly, however, such agendas do not simply erase the site’s national significance but are analysed, rather, as re‐imbuing the site with a new strand of Danishness—now taken to entail cosmopolitan and reconciliatory values.     

Moralism in theories of secession: a realist perspective

Moral reasoning is the most common approach to secession in political philosophy. Just‐cause, choice and liberal‐cultural theories rely on moral conceptions of political authority. This article examines an alternative view through an exploration of moral theories of secession from a realist perspective. Realism has recently seen a revival as a form of normative political philosophy and focuses on political disagreement and legitimacy rather than rights and moral analysis. I claim that realism would reject utopianism and moralism present in theories of secession. Instead of regarding secession as a right, realism would frame secession as a political option. According to this view, this article explores a realist theory of secession that would be based on the priority of politics and disagreement among other concepts. This would be a middle‐ground theory, compatible with liberal values and existing moral theories.     

Using negotiation to promote legitimacy: an assessment of proposals for reforming the WTO

How can negotiations be conducted to promote the legitimacy of international institutions such as the World Trade Organization (WTO)? Can negotiation procedures be designed so as to strengthen the WTO as an institution and the agreements it concludes? One reason for which the legitimacy of the organization is being questioned is its decision‐making—especially negotiation—procedures. These have contributed significantly to recent setbacks in WTO talks. Yet proposals for procedural reform have not been subject to much discussion or review, in particular with no regard to content which may boost legitimacy. Justice and other values associated with legitimacy have generally not been addressed by trade experts, and conceptual tools for identifying what practical form their inclusion could take are lacking. This article reviews a variety of proposals, formal and informal, for reforming the WTO's negotiation procedures. It develops an approach to procedural justice which is used to identify the justice content in these proposals, based on four main principles. Drawing on this analysis, the article concludes by highlighting promising elements of reform. In so doing, it brings research literature on justice and negotiation to bear on current debates over the legitimacy deficit in international institutions, using the WTO as a significant case. More practically, the article helps to identify what more legitimate negotiation procedures may mean and require, and how their justice content may be assessed and increased.     

Negotiating Authority between UNHCR and ‘The People’

Refugee camps are exceptional places that are left to the benevolent governing of international humanitarian agencies, and offer unique opportunities to explore the making and un‐making of public authority. This article examines how certain groups of young men in a refugee camp in Tanzania manage to establish public authority by relating to ideas of a Burundian moral order, while at the same time relating to the ‘development‐speak’ of international relief operations. The refugees' attempts to establish public authority are highly contested and highly politicized, clashing with the relief agencies' vision of the camp as non‐political. Ironically, the young men who engage in politics in the camp are also closely linked to these relief agencies in their role as brokers between the agencies and the ‘small people’. Public authority is partly produced by the powers that are delegated to them by the agencies and partly formed in the ‘gaps' in the agencies’ system. Similarly, authority rests in part on the respect that these brokers gain from other refugees — a respect that is earned in numerous ways, including outwitting the international organizations — and in part on the recognition that they get from the very same organizations. In other words, public authority rests on complex relations between legitimacy and recognition and between sovereignty and governmentality.     

The false promise of continental concert: Russia,the West and the necessary balance of power

The war in Ukraine is revelatory of a malaise in Europe's security order created by Russia's resistance to western institutions on the one hand and the western desire to maintain these institutions while partnering with Russia on the other. Absent a sense of priorities, western policy risks contributing to the erosion of Europe's security order that Russia seeks in opposition to western ambition. Europe's order is premised first and foremost on a distinctively western concert of nations—whereby Euro‐Atlantic states coordinate policy according to a common purpose layered into both NATO and the EU—that forms part of a wider balance of power between Russia and the West. Western policy should aim to strengthen the concert and clarify the balance. However, the prevalent desire to include Russia in the concert confuses matters in a major way, eroding both the underlying sense of priorities and the foundation for order. This article examines this threatening erosion and traces it to three underlying trends: political contestation with regard to the meaning of ‘restoration’ post‐1989; military instability following from the unpredictability of ‘hybrid war’; and moral equivocation on the part of the West when it comes to defending the Euro‐Atlantic security order. The article concludes that given the depth of contestation, western allies should learn to distinguish concert from balance and act on the condition that the former, a vibrant western concert, is a precondition for the latter, a manageable continental balance.     

Twilight Institutions: Public Authority and Local Politics in Africa

Public authority does not always fall within the exclusive realm of government institutions; in some contexts, institutional competition is intense and a range of ostensibly a‐political situations become actively politicized. Africa has no shortage of institutions which attempt to exercise public authority: not only are multiple layers and branches of government institutions present and active to various degrees, but so‐called traditional institutions bolstered by government recognition also vie for public authority, and new emerging institutions and organizations also enter the field. The practices of these institutions make concepts such as public authority, legitimacy, belonging, citizenship and territory highly relevant. This article proposes an analytical strategy for the understanding of public authority in such contexts. It draws on research from anthropologists, geographers, political scientists and social scientists working on Africa, in an attempt to explore a set of questions related to a variety of political practices and their institutional ramifications.     

Wages of War: Manufacturing Nationalism During World War II

Abstract: During World War II the state created a new and deeper set of relationships with defense contractors. These contractors manufactured the vast majority of war materials and relied extensively on the state for financing. These same contractors also encouraged workers and civilians to understand their every minute action as contributing to the war effort. In order to fully integrate workers’ and civilians’ lives into the war effort, the state and industry created and distributed a war wage—a sense of contribution, national belonging, and sacrifice. In this paper I analyze the wartime records of the Westinghouse Electric and Manufacturing Company in order to understand how the state and industry created the war wage alongside the military–industrial complex. With the help of the war wage, the state and industry radically expanded the production of war materials and enlisted a more compliant population of workers and civilians into the war effort.     

Caring at a distance: gift theory,aid chains and social movements

This paper takes as its starting point recent work on caring for distant others which is one expression of renewed interest in moral geographies. It examines relationships in aid chains connecting donors/carers in the First World or North and recipients/cared for in the Third World or South. Assuming predominance of relationships between strangers and of universalism as a basis for moral motivation I draw upon Gift Theory in order to characterize two basic forms of gift relationship. The first is purely altruistic, the other fully reciprocal and obligatory within the framework of institutions, values and social forces within specific relationships of politics and power. This conception problematizes donor–recipient relationships in the context of two modernist models of aid chains—the Resource Transfer and the Beyond Aid Paradigms. In the first, donor domination means low levels of reciprocity despite rhetoric about partnership and participation. The second identifies potential for greater reciprocity on the basis of combination between social movements and non‐governmental organizations at both national and trans‐national levels, although at the risk of marginalizing competencies of states. Finally, I evaluate post‐structural critiques which also problematize aid chain relationships. They do so both in terms of bases—such as universals and difference—upon which it might be constructed and the means—such as forms of positionality and mutuality—by which it might be achieved.     

Neither Cyclops nor Sophist: Christian Formation Against the State

Abstract

This article identifies a deep paradox at the heart of the modern state—in its ability and professed purposes to form the moral characters of its citizens—and then offers a Christian response. Were it not for the manifest success of states in persisting in this paradox, it would delegitimize them on grounds of incoherence and duplicity. In an argument that is occasionally Aristotelian, the article shows how modern (secular, liberal) states morally form citizens who willingly submit to the state's formation on grounds that the state has legitimacy so long as it does not claim moral authority. This line of reasoning is explicated with reference to Sheldon Wolin on Alexander Hamilton and feudalism as well as Martha Nussbaum on Aristotle. In response, Christian freedom, ecclesial peoplehood, and poverty not only run counter to state formation but positively resist it.     

Negotiating Post‐Socialist Property and State: Struggles over Forests in Albania and Romania

Since the demise of socialism, countries of Central and Eastern Europe have experienced intense negotiations over access and property. This article uses four case studies on struggles over forest in Albania and Romania to examine how these negotiations intersect with processes constituting authority. The cases demonstrate significant variations in the configurations of property and authority regarding forest, but they also reflect the influence of national politics in the two countries. In Albania, custom not only competes with the state as an institution sanctioning rights to forest but actually emerges as an alternative politico‐legal institution contesting state authority more broadly. In Romania, local struggles over forests play out the contestations between personalized and law‐based exercises of state authority at the national level. These insights suggest that due to their radical nature and simultaneous occurrence, negotiations over property and authority have challenged the position of post‐socialist states as primary politico‐legal institutions and have generated different exercises of state authority.