The Privatized StatePub Date : 2020-11-24DOI: 10.23943/PRINCETON/9780691205755.003.0003
C. Cordelli
{"title":"What Are Political Institutions For?","authors":"C. Cordelli","doi":"10.23943/PRINCETON/9780691205755.003.0003","DOIUrl":"https://doi.org/10.23943/PRINCETON/9780691205755.003.0003","url":null,"abstract":"This chapter rejects the widespread idea that political institutions and private modes of action are ultimately interchangeable means for the pursuit of the independently defined goal of justice. It defends the view that political institutions, including a democratic system of law, are constitutive of justice, rather than merely instrumental to it. It also discusses how claims of justice can be defined and enforced through political institutions in a way that respects both the fundamental status of persons as equal normative authorities and their independence. The chapter opens the possibility that justice is fully compatible with a highly privatized system of governance against the background of a political authority that retains functions of lawmaking and adjudication. It emphasizes the privatization of governance that compromise the very reasons why support authoritative political institutions should be brought about even in the presence of an established public authority.","PeriodicalId":122906,"journal":{"name":"The Privatized State","volume":"9 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131814076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Problem of Representative Agency","authors":"C. Cordelli","doi":"10.2307/j.ctv125jsgx.8","DOIUrl":"https://doi.org/10.2307/j.ctv125jsgx.8","url":null,"abstract":"This chapter sheds light on private actors that have the standing or capacity to exercise certain forms of power or make certain decisions in terms of representative agency. It discusses a novel account of the conditions that an agent must meet in order to act or speak in the name of another known as the internalist account of representative agency. It also points out how qua private actors from public institutions systematically fail to act even when private actors act under valid democratic authorization. The chapter elaborates how private actors fail to meet the demands of the representation condition on legitimate exercise. It explains what extent private actors meet the representation condition, confirming if they can truly act in the name of the people whom a government is meant to represent.","PeriodicalId":122906,"journal":{"name":"The Privatized State","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130746927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Problem of Authorization","authors":"C. Cordelli","doi":"10.2307/j.ctv125jsgx.7","DOIUrl":"https://doi.org/10.2307/j.ctv125jsgx.7","url":null,"abstract":"This chapter addresses the question of authorization on whether there are limits to what a democratic government can validly authorize private actors to do on its behalf. It contends that there should be aggregative limits to what private actors can be validly authorized to do and decide on behalf of a democratic government. It also clarifies the claim that privatization, beyond a certain threshold, should be regarded as an abdication of the collective right to democratic self-rule. The chapter explains how a democratic people lack the moral power to abdicate their own self-rule, while a government lacks the moral power to validly engage in the systematic privatization of public functions. It discusses delegations that should be regarded as lacking the authorizing normative power that the government purport to have in societies where privatization is already pervasive.","PeriodicalId":122906,"journal":{"name":"The Privatized State","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123623696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Problem of Delegated Activity","authors":"C. Cordelli","doi":"10.2307/j.ctv125jsgx.9","DOIUrl":"https://doi.org/10.2307/j.ctv125jsgx.9","url":null,"abstract":"This chapter analyses private actors that have the standing to do what they are democratically authorized to do on behalf of government in terms of delegated activity. It points out how the public and private agency through which a certain decision is made, or a function is performed changes the very nature of the decision or function at stake. It also shows that private actors may fail to do what they are authorized to do even when they follow the terms of their government's authorization. The chapter mentions private actors that remain not very different from the unilateral actions of private individuals in the Kantian state of nature. It discusses privatization that compromises the very possibility of the delegated function, rather than the validity of its authorization or whether the function is performed in a representative capacity.","PeriodicalId":122906,"journal":{"name":"The Privatized State","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123109868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legitimizing Administrative Discretion","authors":"C. Cordelli","doi":"10.2307/j.ctv125jsgx.6","DOIUrl":"https://doi.org/10.2307/j.ctv125jsgx.6","url":null,"abstract":"This chapter argues that the rationale for a democratic state is to curb a form of subjection to the merely unilateral and legislative will of others. It describes bureaucratic unilateralism, which is the just and effective administration of the modern state risks that reproduce the problem within the state itself by demanding the delegation of a form of quasi-legislative discretion to administrators. It also shows how bureaucratic unilateralism in the privatized state is unavoidably transferred to private actors. The chapter argues the solution or mitigation of bureaucratic unilateralism through the direct application of certain standards of legitimation directly to the exercise of quasi-legislative, administrative discretion. It discusses the requirements of standards, which imply that the delegation of relevant discretion be validly authorized by a democratic and indicate a neat separation between contract and office in order to support officeholders' commitment to implement the law.","PeriodicalId":122906,"journal":{"name":"The Privatized State","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131251508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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