A discussion on the justification of the state and state legitimacy

The main function of political legitimacy, on this interpretation, is to explain the difference between merely effective or de facto authority and legitimate authority. John Locke put forward such an interpretation of legitimacy. The solution to this problem is a social contract that transfers political authority to a civil state that can realize and secure the natural law.

A discussion on the justification of the state and state legitimacy

Divine right of kingsMandate of Heavenand Imperial cult ancient Rome In a theocracygovernment legitimacy derives from the spiritual authority of a god or a goddess.

In ancient Egypt c. The coat of arms of the Holy Seethe seat of Papal government. In the Roman Catholic Churchthe priesthood derives its legitimacy from a divine source; the Roman Magisterium dogmatically teaches that Jesus Christ designated St.

Peter the supreme and infallible head of the entire Christian Church, and thus each bishop of Rome is sanctified, legitimate, and possesses these charisms as well.

Civil legitimacy[ edit ] One measurement of civil legitimacy is who has access to the vote, including women are able to vote. The political legitimacy of a civil government derives from agreement among the autonomous constituent institutions—legislative, judicial, executive—combined for the national common good.

One way civil society grants legitimacy to governments is through public elections. There are also those who refute the legitimacy offered by public elections, pointing out that the amount of legitimacy public elections can grant depends significantly on the electoral system conducting the elections.

In the United States this issue has surfaced around how voting is impacted by gerrymandering [8] and the repeal of part of the Voting Rights Act in In the international system another method for measuring civil legitimacy is through accountability to international human rights norms.

Fritz Scharpf introduced two normative criteria, which are output legitimacy, i. A third normative criterion was added by Vivien Schmidtwho analyzes legitimacy also in terms of what she calls throughput, i.

How Not to Justify the State

From the NPL perspective, political legitimacy emanates from appropriate actions; from a PPL perspective, it emanates from appropriate actors. In the social contract tradition, Hobbes and Locke focused on NPL stressing security and liberty, respectivelywhile Rousseau focused more on PPL "the people" as the legitimator.

Arguably, political stability depends on both forms of legitimacy. Instrumental legitimacy is very much based on the perceived effectiveness of service delivery.

Conversely, substantive legitimacy is a more abstract normative judgment, which is underpinned by shared values. If a person believes that an entity has the right to exercise social control, he or she may also accept personal disadvantages.

A. John Simmons, Justification and legitimacy - PhilPapers

Max Weber proposed that societies behave cyclically in governing themselves with different types of governmental legitimacy. That democracy was unnecessary for establishing legitimacy, a condition that can be established with codified laws, customs, and cultural principles, not by means of popular suffrage.

That a society might decide to revert from the legitimate government of a rational—legal authority to the charismatic government of a leader; e. That traditional authority has disappeared in the Middle East ; that the rule-proving exceptions are Islamic Iran and Saudi Arabia.

Hence, the intellectually restrictive politics of dogmatism "My answer is right, and all others are wrong"scepticism "All answers are equally true or [false]; everyone has a right to his own truth"and eclecticism "Each meaning gives a partial view, so the more meanings the better" are inappropriate philosophic stances for managing a political term that has more than one meaning.

Walter Bryce Gallie Establishing what qualifies as a legitimate form of government continues to be a topic of great philosophical controversy. Forms of legitimate government are posited to include: The legitimacy of a Communist state derives from having won a civil wara revolutionor from having won an election, such as the Presidency of Salvador Allende —73 in Chile; thus, the actions of the Communist government are legitimate, authorised by the people.

In the early twentieth century, Communist parties based the arguments supporting the legitimacy of their rule and government upon the scientific nature of Marxism.

The modern political concept of constitutionalism establishes the law as supreme over the private will, by integrating nationalismdemocracy, and limited government.

The political legitimacy of constitutionalism derives from popular belief and acceptance that the actions of the government are legitimate because they abide by the law codified in the political constitution.Smith explains how Robert Paul Wolff and Immanuel Kant used the same principle of moral autonomy to reach opposite conclusions about the legitimacy of the state.

A discussion on the justification of the state and state legitimacy

In , the philosopher Robert Paul Wolff published a remarkable little book, In Defense of Anarchism, which . All states need a degree of legitimacy to govern effectively. Understanding when citizens are likely to confer or withdraw legitimacy requires investigating social norms.

The depth and durability of a state’s legitimacy has direct effects on the feasibility of development processes, and on the effectiveness of external efforts to support them. of the rational justification of the state.

In what follows I shall comment critically on some of the prominent features of his argu- ment- adding, where necessary, relevant details of his discussion that were omitted from the outline.

Before proceeding, however, there are a couple of remarks of an interpretive nature that need to be made. Wellman’s () samaritan account of political legitimacy is also an attempt to overcome the problem that showing that political institutions and the decisions made within them have beneficial consequences is not sufficient for political legitimacy.

In his account, a state’s legitimacy depends on it being justified to use coercion to enforce its laws. The utilitarian account of political obligation can accept that there are many types of reasons explaining why broad expectations concerning individual and group behavior are created, and each type of reason can be understood as supporting the.

This volume fills in the gap by providing an in-depth discussion of the nature and justification of coercion in matters ranging from state authority and democratic legitimacy to national security and human rights.

Justification for the state - Wikipedia