The Power of Legitimacy Among NationsAlthough there is no international government, and no global police agency enforces the rules, nations obey international law. In this provocative study, Franck employs a broad range of historical, legal, sociological, anthropological, political, and philosophical modes of analysis to unravel the mystery of what makes states and people perceive rules as legitimate. Demonstrating that virtually all nations obey most rules nearly all of the time, Franck reveals that the more legitimate laws and institutions appear to be, the greater is their capacity for compliance. Distilling those factors which increase the perception of legitimacy, he shows how a community of rules can be fashioned from a system of sovereign states without creating a global leviathan. |
Contents
Why a Quest for Legitimacy? | 3 |
2 The Irrelevance of Law and NonLaw | 27 |
A Matter of Degree | 41 |
4 Determinacy | 50 |
5 Determinacy and the Sophist RuleIdiot Rule Paradox | 67 |
6 Redejining Determinacy | 84 |
7 Symbolic Validation Ritual and Pedigree | 91 |
8 True Cues and Symbolic Validation | 111 |
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Common terms and phrases
accepted African agreement Ambassador applied Assembly Austinian authority Bangladesh Bantustans behavior claim coercive coherence command compliance pull concept conduct Court credentials cues degree delegates determinacy determined diplomatic distinction Dworkin enforced entitled equal example exert force foreign G.A. Res Geneva Conventions global idiot rule incoherence independence institutions international community international law international system justify legal systems legitimate membership ment moral negotiators norm obedience obeyed obligation observed organization parties pedigree perceived persons political practice principles of justice Protocol pull to compliance pull toward compliance Rawls Rawls's reality recognized regime relations ritual rule of recognition rule text secondary rules secular rule Security Council self-determination sense social social contract society Sofaer sophist rule sovereign Soviet standard status supra note symbolic validation teleological ternational territory theory tion tional treaty U.N. Charter U.N. Doc U.N. GAOR Supp U.N. General Assembly ultimate rule United Nations veil of ignorance violation