Political Power: Origin, Legitimacy, and Contract Theories
Item 12: Origin and Legitimacy of Political Power
1. Society and Political Society
Humans are inherently connected to nature and driven by needs. Aristotle posited that humans are social and political animals, naturally inclined to live in a community, both civil and political.
This social and political nature arises from the need to fulfill basic necessities and the rational pursuit of freedom and well-being.
Several questions arise from this understanding:
- What constitutes a need? For example, a politician promising internet access to gain votes.
- What is rational in social and political organization? For instance, implementing fiber optic infrastructure.
- How is freedom secured and implemented? This relates to the methods and processes used.
The source refers to the reasons humans are naturally linked in communities, while the aim is the ultimate goal achieved through communal living.
Philosophers often distinguish between the state of nature and social status, though this is a hypothetical model. Rousseau used this to construct his ideal welfare state.
The state of nature focuses on the reasons and purpose of human existence, not material conditions.
Society encompasses both social and political communities, referring to civil society and the state.
Society originates from the lack of individual means to fulfill daily needs. Aristotle noted that families satisfy basic needs, while villages address broader requirements.
Plato argued that cities arise from the multitude of human needs, necessitating collective living.
Security and protection of life, property, and freedom also contribute to society’s formation.
Hobbes believed that self-preservation and the desire for a better life drive humans to escape the state of war.
Aristotle stated that cities are formed for necessities and the pursuit of good, benefiting the community.
Political society should serve the common good, ensuring a community of free and equal individuals.
Defining the “good” is challenging, as individual happiness varies.
Civil society and politics would differ if humans were not rational beings.
Plato emphasized the need for moral sense and justice in maintaining order within cities.
Civil society represents the organization and structure of society, including non-governmental organizations.
Marx and Hegel identified key traits of civil society:
- Expression and satisfaction of individual needs.
- Material exchange between individuals.
- Organization based on production and exchange.
- Foundation of the state.
- Regulation by legal rules establishing rights and duties.
2. Power and the Concept of Legitimacy
Power is a complex and multifaceted relationship, ensuring citizen subjection within a state.
The state is characterized by the legitimate use of violence.
Political relationships involve domination between rulers and the ruled.
Power differs from force or violence, as it cannot build a free and reasonable society.
Two interpretations of power exist:
- Power over others: Coercion, punishment, and domination.
- Power with others: Intersubjective, achieved through dialogue and agreement.
Legality and legitimacy are distinct:
- Legality: Adherence to established laws.
- Legitimacy: The underlying value and justification for laws.
Types of legitimacy include:
- National legitimacy: Acceptance of valid laws (e.g., democracy).
- Traditional legitimacy: Based on customs and historical recognition.
- Charismatic legitimacy: Based on a leader’s inspiring qualities.
Political power must be organized and exercised carefully, avoiding centralization.
Democratization is achieved through the division of power:
- Legislative: Parliaments representing social groups.
- Executive: King or president.
- Judiciary: Independent courts.
3. Political Power and Forms of Contract Theory
Contract theories emerged after rejecting the theocratic conception of power.
The state of nature is a methodological tool to understand political society’s origins.
Contractarian theories address:
- The state of nature before organized society.
- The formation of society and the state through a contract.
- Conditions and limits on state power.
Hobbes believed humans are driven by desires and passions, leading to conflict.
Locke argued for natural rights, including liberty and property.
Rousseau sought a contract that ensured civil liberty and rights.
The social contract involves a transition from natural liberty to civil and political liberty.
The general will guides the creation of a perfect social unit.
Rawls emphasized the link between a well-ordered society and justice.