Northwestern University

Oct
15
Mon 12:00 PM

Global Theory Workshop with Chiara Cordelli

When: Monday, October 15, 2018
12:00 PM - 1:30 PM  

Where: Scott Hall, 212, 601 University Place, Evanston, IL 60208 map it

Audience: Faculty/Staff - Student - Post Docs/Docs - Graduate Students

Contact: John Mocek   847.491.5364

Group: Department of Political Science

Category: Academic

Description:

"Making the law together: democratic legitimacy in the privatized state"

I argue that legitimate law (i.e. law that can fully claim a moral permission to change the normative situation of those subject to it) should be understood as an intentional collective action type. Like many games are such that they can only be played *together* by participants in the game, similarly, legitimate law is such that it can only be arrived at by a community of law-makers, administrators, and citizens who act together in making those decisions. Acting together requires meeting some specific conditions of commitment to a joint purpose, mutual responsiveness and mutual support. By applying this argument to the increasing delegation of regulatory authority by states to private actors (e.g. financial institutions and trade associations), I argue that these actors, due to some of their structural, organizational, and motivational features, often fail to meet the above conditions and thus to act as a part of the relevant law-making community. Although their decisions may be democratically authorized and identical, in form and content, to the decisions made by elected officials or administrative agencies, they lack the collective quality of legitimate lawmaking that the latter possess, and the legitimacy that comes with this quality.

Chiara Cordelli
Asst. Professor
Dept. of Political Science
University of Chicago

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