Understanding Political Power: Legitimacy and the Modern State
The Legitimacy of Political Power
When we ask whether political power is legitimate, we are questioning its origin and whether it is beneficial or detrimental to society. Political philosophers argue that political power is essential for the proper functioning of society. However, not all political power is legitimate. We need criteria to distinguish between legitimate and illegitimate political power. We must consider whether the power is being used to fulfill its function and if it is causing harm to citizens.
The Combination of Origin and Legitimacy
There are four possible combinations of the origin and legitimacy of political power:
Positive Origin, Positive Legitimacy: We believe the origin is good, and we consider the institution legitimate. We may question its legitimacy if we see abuses or bad habits.
Negative Origin, Negative Legitimacy: Institutions created through violence and abuse are generally considered illegitimate. Examples include slavery and the mafia. We often criticize and reject these institutions as unjust.
Negative Origin, Positive Legitimacy: An institution may have been created through violence but is later considered legitimate because it fulfills certain advantageous conditions. For example, private land ownership may have originated from difficult and intense land acquisition, but we currently support the legitimate ownership of plots.
Positive Origin, Negative Legitimacy: The opposite can also occur. An institution may have an ethical origin but is not considered legitimate. For example, public holidays may have originated from positive intentions, but this does not mean we cannot question their legitimacy today.
The Main Feature of the Modern State: Monopoly of Power
The main feature of the modern state is the monopoly of power within its territory. Max Weber defined the state as an organization that monopolizes the legitimate use of physical force within a given territory. The state takes the form of institutions. Today, we generally accept the state and its institutions, but only because of specific characteristics, as outlined by Hayek:
- It is a sovereign, impersonal political organization with supreme responsibility within its territory. It has the power to enact laws regulating taxes, charges, awards, and rights.
- The power structure must be legitimate. Power is exercised through bureaucracy, with civil servants working in hierarchical organizations managing public affairs.
Rules of Coexistence: Social Rules
Moral Standards: These are personal guidelines on how one should behave. They operate at the level of consciousness.
Rules of Law: Established by the authorities of each political community, these rules are aimed at the entire population and territory. They are backed by political power, and violence can be used to enforce them.
Social Customs: These are customs or traditions. They do not have the same level of obligation as moral standards or legal rules. Failure to comply with social customs usually results in disapproval.
Arguments for Legitimizing Political Power
We can question whether political power is legitimate, just as we question whether rules are fair. Is political power necessary for the proper functioning of society? Several arguments have been put forward:
Theological Argument: This argument, used during the Middle Ages, posits that political power originates from a divine source.
Naturalist Argument: This argument, used by Aristotle, claims that political power is a natural human need. We live in communities that require authority.
Functionalist Argument: This argument suggests that political power is beneficial for the majority of society. It promotes social order and peaceful coexistence by implementing collective decisions.
Main Types of Political Power
Aristotle classified political regimes based on two criteria:
- The number of rulers.
- Whether the government benefits all or part of society.
Aristotle argued that the best regime depends on the historical and social situation of each country. He identified three legitimate regimes.