David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Social Philosophy and Policy 22 (1):314-329 (2005)
If we have a natural right to liberty, it is hard to see how a state could be legitimate without first obtaining the (genuine) consent of the governed. I consider the threat natural rights pose to state legitimacy. I distinguish minimal from full legitimacy and explore different understandings of the nature of our natural rights. Even though I conclude that natural rights do threaten the full legitimacy of states, I suggest that understanding our natural right to liberty to be grounded in our interests in a certain way might not commit us to requiring consent for minimal legitimacy. Thus, even if natural rights effectively block the full legitimacy of states - on the assumption that rarely, if ever, the requisite consent will be forthcoming - they may allow minimal state legitimacy. Footnotesa I am grateful to my fellow contributors to this volume and to other readers for helpful questions and comments on an earlier version of this essay and in particular to Fred Miller, David Schmidtz, and John Simmons for written comments. Ellen Paul's detailed comments have helped me, as always, to correct many confusions and errors, and Harry Dolan's excellent editing has discovered others that I have endeavored to address.
|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
Charles D. Tarlton (1999). ‘To Avoyd the Present Stroke of Death:’ Despotical Dominion, Force, and Legitimacy in Hobbe's Leviathan. Philosophy 74 (2):221-245.
L. Wenar (1998). Original Acquisition of Private Property. Mind 107 (428):799-820.
Nicolas Maloberti (2009). Libertarianism and the Possibility of the Legitimate State. Libertarian Papers 1 (5):1-12.
Corey Brettschneider (2007). The Rights of the Guilty. Political Theory 35 (2):175-199.
Jon Garthoff (2010). Legitimacy is Not Authority. Law and Philosophy 29 (6):669-694.
M. Coakley (2011). On the Value of Political Legitimacy. Politics, Philosophy and Economics 10 (4):345-369.
A. Buchanan (2011). Reciprocal Legitimation: Reframing the Problem of International Legitimacy. Politics, Philosophy and Economics 10 (1):5-19.
Nicolas Maloberti (2010). The Squirrel and the State. The Independent Review 14 (3):377-387.
Helga Varden (2009). Nozick's Reply to the Anarchist. Law and Philosophy 28 (6):585 - 616.
John Hasnas (2005). Toward a Theory of Empirical Natural Rights. Social Philosophy and Policy 22 (1):111-147.
Added to index2009-01-28
Total downloads85 ( #29,382 of 1,707,803 )
Recent downloads (6 months)5 ( #127,926 of 1,707,803 )
How can I increase my downloads?