The Legitimacy and Evolution of Political Power: From Ancient Greece to Modern States
The Origin and Legitimacy of Political Power
The Legitimacy of Political Power
When questioning the legitimacy of political power, we are not concerned with its origin. Whether its roots lie in a positive or negative phenomenon is irrelevant. Instead, we must ask whether this phenomenon should be nurtured or challenged.
According to many philosophers, political power is crucial for a functioning society. Its importance grows with the population. However, not all political power is legitimate. We need criteria to distinguish between legitimate and illegitimate power. Legitimate political authority should be judged based on whether it fulfills its functions properly, considering the well-being of its citizens and ensuring they are not unjustly punished.
The Characteristics of the Modern State
Monopoly of Power
The modern state seeks a monopoly of power within its territory, often enforced through coercion. Max Weber described this as the state’s legitimate right to use force within its territory, a characteristic that distinguishes it from other institutions.
Currently, the state operates not through direct control of society but through specific institutions with the following characteristics:
- It is a political entity, sovereign and impersonal, holding ultimate authority within its territory and possessing the power to enact laws governing various aspects of life, such as taxes, fees, and benefits.
- It has a consolidated power structure, which must be legitimate. This power is exercised through a bureaucracy, a hierarchical organization of public officials specifically designed to manage public affairs.
Social State of Law and Democratic Principles
Ancient and Modern Concepts of Freedom
To understand the modern state, we must examine the evolution of the concept of freedom from the ancient to the modern era.
The Ancient Concept of Freedom
According to Benjamin Constant, the ancient concept of freedom, as exemplified in Athenian democracy, primarily involved active participation in public affairs. A free man was a citizen who could participate in the governance of the polis.
This concept of freedom was limited, excluding women, slaves, individuals under thirty years old, and foreigners.
The Modern Concept of Freedom
The modern concept of freedom stems from the natural law theory of the Middle Ages and the Early Modern period. It posits that every individual, by virtue of being human, possesses inherent rights that society must respect. These rights include the freedom to manage their own affairs and delegate governance to representatives, allowing them to focus on their private lives. This is the basis of representative government.
Rules of Coexistence: Types of Norms
Human behavior within society is governed by three main types of rules:
- Moral Rules: These are chosen by individuals and dictate how one should behave as a human being. They are based on personal conscience and freely adopted.
- Legal Rules: These are established by the political authorities of a community and are often binding on all citizens within its territory. They are backed by the power of the state and can be enforced through coercion.
- Social Customs: These are unwritten rules derived from tradition and social practices. They are not legally binding or morally obligatory but are generally followed within a society. Examples include greetings, dress codes, and gift-giving etiquette. Non-compliance with social customs may lead to social disapproval but not legal or moral repercussions.
In some cases, legal rules, moral rules, and social customs may conflict, as seen in the historical example of dueling.
Arguments Legitimizing Political Authority
Just as we question the legitimacy of rules, we can also question the legitimacy of political power. Is political power necessary for a functioning society? Are social hierarchies between the rulers and the ruled justified? Is the state a necessary institution or a harmful invention?
Several arguments have been proposed to legitimize political authority:
- Theologico-Political Argument: This argument claims that political power is divinely ordained. God or the gods established a hierarchy among humans, legitimizing the authority of rulers. This argument was prevalent in the Middle Ages.
- Naturalist Argument: This argument posits that political power is a natural human necessity. Just as bees live in hives and ants in colonies, humans live in political communities, from families to larger societies. These communities require authority, and members must obey that authority. Aristotle argued that humans, as political animals, could not thrive in isolation and required the structure of the polis for a fulfilling life.
- Functionalist Argument: This argument, championed by Hobbes, argues that political power is necessary for the benefit of society. It provides order, security, and peaceful coexistence. While anarchists oppose the state, even they often acknowledge the need for some form of authority to enforce collective decisions.
The Main Types of Political Power
The question of who should hold political power has been debated for centuries. Aristotle classified political regimes based on two criteria: who governs and whether the government benefits the rulers or the ruled.
Aristotle identified three legitimate regimes, each suited to different historical and social contexts.