The Possibility of a Fair Play Account of Legitimacy

Ratio 30 (1):88-99 (2017)
Authors
Justin Tosi
Texas Tech University
Abstract
The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most promising basis for a claim right to obedience. William Edmundson argues that the principle of fair play cannot generate power rights, and so any attempt at a fair play account of legitimacy must fail. I explain how fair play could generate a power right, owing to its stipulation that the rules of a cooperative scheme specify the form of participants' repayment.
Keywords legitimacy  authority  political obligation  principle of fair play  principle of fairness  H. L. A. Hart  power rights  Hohfeld
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DOI 10.1111/rati.12114
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References found in this work BETA

Law's Empire.R. DWORKIN - 1986 - Harvard University Press.
The Concept of Law.H. L. A. Hart - 1961 - Oxford University Press.
The Realm of Rights.Judith Jarvis Thomson - 1990 - Harvard University Press.

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