David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
For a state to be legitimate is for it to be permissible for the state to issue and enforce its commands (mostly laws), and for this to be permissible “owing to the process by which they were produced” (2).1 For a state to have authority is for it to have the power to morally require or forbid actions through commands, or the power to create duties (2).2 It seems that a state’s being democratic—in somewhat like the way in which the democracies we are familiar with are democratic—has something to do with its having both authority and legitimacy. But what, exactly? There is, after all, nothing obvious about the relation between democracy on the one hand and legitimacy and authority on the other. One may think that consent has something to do with it. But this would be wrong, because most of those supposedly under the authority of the state haven’t consented to anything of relevance (9). Implicit consent, if it is too implicit, so that the agent may not realize she is consenting, is no substitute for real consent, and if it is more explicit than that then, again, hardly anyone has consented to the state’s authority, not even in democracies (9). And most hypothetical consent theories fall prey to their own difficulties. So consent theory of the typical kind cannot ground political legitimacy and authority. (A very atypical kind of consent will nevertheless eventually emerge victorious.).
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
William A. Edmundson (2010). Political Authority, Moral Powers and the Intrinsic Value of Obedience. Oxford Journal of Legal Studies 30 (1):179-191.
Gary Chartier (2012). Enforcing the Law and Being a State. Law and Philosophy 31 (1):99-123.
Christopher S. King (2012). Problems in the Theory of Democratic Authority. Ethical Theory and Moral Practice 15 (4):431 - 448.
Leslie Green (1990). The Authority of the State. Clarendon Press.
William A. Edmundson (2011). Consent and Its Cousins. Ethics 121 (2):335-53.
Elizabeth Anderson (2008). An Epistemic Defense of Democracy: David Estlund's Democratic Authority. Episteme 5 (1):pp. 129-139.
Kevin Thompson (2001). Kant's Transcendental Deduction of Political Authority. Kant-Studien 92 (1):62-78.
Jon Garthoff (2010). Legitimacy is Not Authority. Law and Philosophy 29 (6):669-694.
Fabienne Peter, Political Legitimacy. Stanford Encyclopedia of Philosophy.
Added to index2009-01-28
Total downloads101 ( #10,275 of 1,096,831 )
Recent downloads (6 months)3 ( #106,677 of 1,096,831 )
How can I increase my downloads?