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Legitimacy (political science)



 
 
The word legitimacy is often interpreted in a normative
Norm (philosophy)

Norms are Sentence s or sentence Meaning with practical, i. e. action-oriented import, the most common of which are commands, permissions, and prohibitions....
 or a positive
Positive

Positive is a property of positivity and may refer to:...
 way. In a normative sense, legitimacy gets greater attention as a part of moral philosophy.

According to the German political philosopher Dolf Sternberger
Dolf Sternberger

Dolf Sternberger was a German people philosopher and political scientist at the University of Heidelberg. Dolf Sternberger is known for his Concept of Citizenship in German Political Contemporary Thought and for coining the term "constitutional patriotism"....
, "Legitimacy is the foundation of such governmental power as is exercised both with a consciousness on the government's part that it has a right to govern and with some recognition by the governed of that right." The American political sociologist Seymour Martin Lipset
Seymour Martin Lipset

Seymour Martin Lipset was an American political sociologist. Seymour Lipset was a senior fellow at the Hoover Institution and the Hazel Professor of Public Policy at George Mason University....
 argues, it also "involves the capacity of a political system to engender and maintain the belief that existing political institutions are the most appropriate and proper ones for the society."

Something becomes legitimate when one approves of it.






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The word legitimacy is often interpreted in a normative
Norm (philosophy)

Norms are Sentence s or sentence Meaning with practical, i. e. action-oriented import, the most common of which are commands, permissions, and prohibitions....
 or a positive
Positive

Positive is a property of positivity and may refer to:...
 way. In a normative sense, legitimacy gets greater attention as a part of moral philosophy.

According to the German political philosopher Dolf Sternberger
Dolf Sternberger

Dolf Sternberger was a German people philosopher and political scientist at the University of Heidelberg. Dolf Sternberger is known for his Concept of Citizenship in German Political Contemporary Thought and for coining the term "constitutional patriotism"....
, "Legitimacy is the foundation of such governmental power as is exercised both with a consciousness on the government's part that it has a right to govern and with some recognition by the governed of that right." The American political sociologist Seymour Martin Lipset
Seymour Martin Lipset

Seymour Martin Lipset was an American political sociologist. Seymour Lipset was a senior fellow at the Hoover Institution and the Hazel Professor of Public Policy at George Mason University....
 argues, it also "involves the capacity of a political system to engender and maintain the belief that existing political institutions are the most appropriate and proper ones for the society."

Something becomes legitimate when one approves of it. In a positive sense, legitimacy gets greater attention in political science. For example, an institution is perceived as legitimate, if approval for that institution is general among those people subject to its authority. According to John Locke
John Locke

John Locke was an English philosopher. Locke is considered the first of the British Empiricism, but is equally important to social contract theory....
, the British social contractualist, issues of legitimacy are linked to those of consent
Consent

Consent as a term of jurisprudence is a possible defence against civil or criminal liability. Defendants who use this defense are arguing that they should not be held liability for a tort or a crime, since the action s in question were taken with the plaintiff or "victim's" consent and permission....
, both explicit and tacit. "The argument of the [Second] Treatise is that the government is not legitimate unless it is carried on with the consent of the governed."

Legitimacy in political science
Political science

Political science is a social science concerned with the theory and practice of politics and the description and analysis of political systems and political behavior....
, is the popular acceptance of a governing regime
Regime

The word regime refers to a set of conditions, most often of a political nature. It may also be used synonymously with "wiktionary:regimen", for example in the phrases "exercise regime" or "medical regime"....
 or law
LAW

LAW may refer to:* Anti-tank warfare, e.g. the US Army M72 LAW or the British Army LAW 80*Palestinian Society for the Protection of Human Rights ...
 as an authority
Authority

In government, authority is often used interchangeably with the term "power ". However, their meanings differ: while "power" refers to the ability to achieve certain ends, "authority" refers to a claim of legitimacy , the justification and right to exercise that power....
. Whereas authority
Authority

In government, authority is often used interchangeably with the term "power ". However, their meanings differ: while "power" refers to the ability to achieve certain ends, "authority" refers to a claim of legitimacy , the justification and right to exercise that power....
 refers to a specific position in an established government, the term legitimacy is used when describing a system of government itself—where government may be generalised to mean the wider "sphere of influence
Sphere of influence

A sphere of influence is an area or region over which an organization or state exercises cultural, economic, military or political domination....
." It is considered a basic condition for rule: without at least a minimal amount of which, a government will lead to frequent deadlocks or collapse in the long run.

The American political theorist Robert A. Dahl
Robert A. Dahl

Robert Alan Dahl , is the Sterling Professor emeritus of political science at Yale University. He is past president of the American Political Science Association and one of the most distinguished political scientists writing today....
, has explained the concept of legitimacy by using the metaphor of a reservoir. For example, as long as the reservoir stays at a certain level stability can be maintained, if it falls below the required level it is endangered. Regimes in most states require the assent of a large proportion of the population in order to retain power. In several countries this is not the case: many unpopular regimes have survived because they are supported and considered as legitimate by a small but influential elite.

In the case of laws, legitimacy should be distinguished from legality. Action can be legal without being legitimate (as in the case of an immoral law). Action can also be legitimate without being legal. When sources of legitimacy clash with one another, constitutional crisis
Constitutional crisis

A constitutional crisis is a severe breakdown in the orderly operation of government. Generally speaking, a constitutional crisis is a situation in which separate factions within a government disagree about the extent to which each of these factions hold sovereignty....
 erupts. Legitimacy as a concept is often applied to other, non-political, kinds of authority, and also to issues concerning the legitimacy of entire political-economic systems (such as capitalism
Capitalism

Capitalism is an economic system in which wealth, and the means of producing wealth, are private property and controlled rather than commonly, publicly, or state-owned and controlled....
) as discussed in the Marxist
Marxism

Marxism is the political philosophy and practice derived from the work of Karl Marx and Friedrich Engels. Marxism holds at its core a Marxist analysis of Critique of capitalism and a theory of social change....
 tradition.

Types of legitimacy


Numinous legitimacy

The dominion of a godking of which ancient Egypt offers the best example, is the theological doctrine according to which every Pharaoh is himself (among other things) the god Horus, son of Osiris. The doctrine seems to go back to the very origin of the empire.

The Roman Catholic
Roman Catholic Church

The Roman Catholic Church, officially known as the Catholic Church is the world's largest Christianity Ecclesia , representing over half of all Christians and one-sixth of the world population....
 priesthood derived its legitimacy and still does from a source very similar to that of the kingship; according to official doctrine the Papal office is based on Christ's designation of St. Peter, which continues to sanctify and legitimize the rule of every successive pope.

Civil legitimacy

Civil legitimacy exists when a system of government is based on agreement between equally autonomous constituents who have combined to cooperate towards some common good. Every modern constitutional system or every system of representational government is founded either on a basic agreement to follow certain rules or at least on a justifiable assumption that a basic agreement to follow certain rules exists. Modern constitutional government makes one characteristic of civil legitimacy particularly clear: Governmental offices are ordered by trust rather than exercised by dominion. This is expressed in the institution of public elections.

Sources of legitimacy


Weber's three sources

The German
Germany

Germany , officially the Federal Republic of Germany , is a country in Central Europe. It is bordered to the north by the North Sea, Denmark, and the Baltic Sea; to the east by Poland and the Czech Republic; to the south by Austria and Switzerland; and to the west by France, Luxembourg, Belgium, and the Netherlands....
 economist
Economist

An economist is an expert in the social science of economics. The individual may also study, develop, and apply theories and concepts from economics and write about economic policy....
 and sociologist Max Weber
Max Weber

Maximilian Carl Emil Weber was one of the most profoundly influential thinkers of the twentieth century. Born in Germany, Weber became a lawyer, politician, scholar, political economy, and sociology....
, argued that there are three forms of legitimacy, and that all human societies, across history, have been based on them.
  • Charismatic authority. Legitimacy based on the charisma
    Charisma

    The word charisma refers to a rare trait found in certain human personalities usually including extreme charm and a 'magnetic' quality of personality and/or appearance along with innate and powerfully sophisticated personal communicability and persuasiveness....
     of the leader, often partly based on the perception that this leader has certain extra or supernatural
    Supernatural

    The term supernatural or supranatural pertains to an order of existence beyond the scientifically visible universe. Religious miracles are typically supernatural claims, as are Spell and curses, divination, the belief that there is an afterlife for the dead, and innumerable others....
     attributes. Example: a tribal
    Tribe

    A tribe, viewed historically or developmentally, consists of a social group existing before the development of, or outside of, states.Many anthropologists use the term to refer to societies organized largely on the basis of kinship, especially corporate descent groups ....
     chieftain or a religious leader.
  • Traditional authority. Legitimacy based on tradition
    Tradition

    The word tradition comes from the Latin traditionem, acc. of traditio which means "handing over, passing on", and is used in a number of ways in the English language:...
    ; e.g., people accept the government for the simple fact that it has been around for so long and is based on popular customs and usages. Example: a monarchy
    Monarchy

    A monarchy is a form of government in which supreme power is absolutely or nominally lodged in an individual, who is the head of state, often for Life tenure or until abdication, and "is wholly set apart from all other members of the state." The person who heads a monarchy is called a monarch....
    .
  • Rational/legal authority. Legitimacy based on the perception that a government's powers are derived from set procedures, principles, and laws which are often complex and are written down as part of the constitution. Example: representative democracy
    Representative democracy

    File:Electoral democracies.pngRepresentative democracy is a form of government founded on the principle of Election individuals representing the people, as opposed to either autocracy or direct democracy....
     or bureaucrats.


Weber, like the British philosopher Thomas Hobbes
Thomas Hobbes

Thomas Hobbes was an English philosophy, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory....
, had an extremely negative and pessimistic view of human nature
Human nature

Human nature is the concept that there are a set of characteristics, including ways of thinking, feeling and acting, that all 'normal' human beings have in common....
, and believed that societies often went through cycles. Weber did not see democracy
Democracy

Democracy is a form of government in which power is held directly or indirectly by citizens under a free electoral system. It is derived from the Greek language d?????at?a , "popular government" which was coined from d???? , "people" and ???t?? , "rule, strength" in the middle of the 5th-4th century BC to denote the political syst...
 as being necessary for legitimacy, as a government could be legitimized through laws and principles not established by a vote. Weber also claimed that it is perfectly possible for a modern society to revert back and become a follower of a brutal form of charismatic leadership, a phenomenon which later occurred in his home country of Germany under Adolf Hitler
Adolf Hitler

Adolf Hitler was an Austrian-born Germany politician and the leader of the National Socialist German Workers Party , popularly known as the Nazi Party....
 and which was also witnessed in other parts of the world, such as Mussolini's Italy.

The French political scientist Mattei Dogan, offers a more contemporary conception of this typology of legitimacy. While Weber’s typology (traditional/charismatic/legal-rational) was seminal throughout the previous centuries, Dogan argues that it is insufficient to cover the complex relationships between legitimacy and political systems. In fact, in Prof. Dogan's view, the first two types (traditional and charismatic) are today obsolete. A fairly recent example of charismatic legitimacy was the Ayatollah Khomeini in Iran. Dogan believes that traditional authority has disappeared completely, with the exception of two or three regimes in the Middle East
Middle East

File:GreaterMiddleEast1.pngThe Middle East is a region that spans southwestern Asia, western Asia, and northeastern Africa. It has no clear boundaries, often used as a synonym to Near East, in opposition to Far East....
 (such as Saudi Arabia
Saudi Arabia

The Kingdom of Saudi Arabia, KSA , is an Arab country and the largest country of the Arabian Peninsula. It is bordered by Jordan on the northwest, Iraq on the north and northeast, Kuwait, Qatar, Bahrain, and the United Arab Emirates on the east, Oman on the southeast, and Yemen on the south....
). The third type called rational-legal is, in Dogan's view, an amalgamation of many varieties, to such a degree that they no longer constitute a "type."

Different forms of government and legitimacy

In communist states legitimacy is acquired through their principle of establishing economic equality
Social equality

Social equality is a society state of affairs in which all people within a specific society or isolated group have the same status in a certain respect....
 and economic growth
Economic growth

Economic growth is the increase in the amount of the goods and services produced by an economics over time. It is conventionally measured as the percent rate of increase in real gross domestic product, or real GDP....
 within the society. However, modern communist states either begun with or eventually fell back on totalitarian methods, and failed to achieve the stated goals of social and economic equality.

Constitutionalism is a modern concept that desires a political order governed by laws and regulations. It stands for the supremacy of law and not of the individuals; it imbibes the principles of nationalism, democracy and limited government. Political legitimacy involves constitutionalism or the belief that an action is legitimate because it follows regular procedures which are part of the law of the land. This form of legitimacy is related to democracy as the justification of these constitutional procedures is agreed to by popular consent. According to Friedrich, constitutionalism by dividing power provides a system of effective restraints upon governmental action. It is a body of rules ensuring fair play and rendering the government responsible.

In monarchies
Monarchy

A monarchy is a form of government in which supreme power is absolutely or nominally lodged in an individual, who is the head of state, often for Life tenure or until abdication, and "is wholly set apart from all other members of the state." The person who heads a monarchy is called a monarch....
, the Ruler gained legitimacy through the popular perception that he was the rightful ruler of the province. This perception was often enhanced by propagating the belief that he was divinely ordained to hold his post and this was advocated through the Divine origin theory. This form of legitimacy remains today in the form of absolute monarchy
Absolute monarchy

Absolute monarchy is a monarchy form of government where the king or queen has absolute power over all aspects of his/her subjects' lives. Although some religious authorities may be able to discourage the monarch from some acts and the sovereign is expected to act according to custom, in an absolute monarchy there is no constitution or legal...
 where the monarch still has effective power, for example in Saudi Arabia. Constitutional monarchy
Constitutional monarchy

A constitutional monarchy is a form of constitutional government, where in either an elected or hereditary monarch is the head of state, unlike in an absolute monarchy, wherein the king or the queen is the sole source of political power, as he or she is not legally bound by the constitution....
 where traditional sources of legitimacy have been combined with democratic and constitutional sources of legitimacy is prevalent in many European countries.

Democracy is often perceived as the most popular form of government. The most common source of legitimacy today is the perception that a government is operating under democratic
Democracy

Democracy is a form of government in which power is held directly or indirectly by citizens under a free electoral system. It is derived from the Greek language d?????at?a , "popular government" which was coined from d???? , "people" and ???t?? , "rule, strength" in the middle of the 5th-4th century BC to denote the political syst...
 principles and is subject to the will of the people. This is because democracy is based on the will of the people. Governments often claim a popular mandate
Mandate

Mandate can refer to:*Mandate , same as power of attorney in common law*Mandate , an obligation handed down by an inter-governmental body*Mandate , an official or authoritative command; an order or injunction...
 to exercise power; however, how this mandate is derived can vary sharply from regime to regime. Liberal democratic
Liberal democracy

Liberal democracy is the dominant form of democracy in the 21st century. During the Cold War, liberal democracies were contrasted with the Communist People's Republics or "Popular Democracies", which claimed an alternative conception of democracy....
 states claim democratic legitimacy on the grounds that they have regular free and fair contested elections in which political parties participate without any fear or pressure. It has been claimed that liberal democratic states can be remarkably stable because the legitimacy of the state is not tied to an individual ruler or ruling party. According to this argument, in a dictator
Dictator

A dictator is an authoritarian ruler who assumes sole and absolute power without hereditary ascension such as an absolute monarch. When other states call the head of state of a particular state a dictator, that state is called a dictatorship....
ial state, deposing the ruler can lead to total collapse in the system of government. However, in most well-functioning liberal democracies the ruling party is regularly replaced peacefully without any constitution
Constitution

A constitution is a system for government — often codified as a written document — that establishes the rules and principles of an autonomous political entity....
al change or major upheavals. A liberal democratic state gains legitimacy also on the following grounds that a rigid written constitution
Constitution

A constitution is a system for government — often codified as a written document — that establishes the rules and principles of an autonomous political entity....
 or well-respected constitutional conventions which are upheld by the judiciary within the state is in existence. Popular participation of people in large numbers takes place in democracy. A strong and independent media
Mass media

Mass media is a term used to denote a section of the media specifically envisioned and designed to reach a mainstream such as the population of a nation state....
 which is unbiased and free from the control of the government exists in democracy. A system of "checks and balances" and control of one organ of the state by another (as in the United States, for example) is also common in democracy. There is economic stability with continuity in policies for a specific period as governments are elected for a fixed tenure.

Communist state
Communist state

Communist state is a term used by many political scientists to describe a form of government in which the state operates under a single-party state and declares allegiance to Marxism-Leninism or a derivative thereof....
s often claim democratic legitimacy on the grounds that they have won a popular revolution and are acting on behalf of the people in accordance with the scientific rules of Marxism
Marxism

Marxism is the political philosophy and practice derived from the work of Karl Marx and Friedrich Engels. Marxism holds at its core a Marxist analysis of Critique of capitalism and a theory of social change....
. In 1930s Germany and Italy, Nazism
Nazism

Nazism, officially National Socialism , refers to the ideology and practices of the National Socialist German Workers? Party under Adolf Hitler, and the policies adopted by the dictatorial government of Nazi Germany from 1933 to 1945....
 and Fascism
Fascism

Fascism is a Political radicalism, Authoritarianism Nationalism ideology that aims to create a single-party state with a government led by a dictator who seeks national unity and development by requiring individuals to subordinate self-interest to the collective interest of the nation or Race ....
 both claimed to represent the will of the people more directly and authentically than liberal democracy. The German jurist, Carl Schmitt
Carl Schmitt

Carl Schmitt was a Germany jurist, political theorist, and professor of law.Schmitt published several essays, influential in the 20th century and beyond, on the mentalities that surround the effective wielding of political power....
, discussed the problem of democratic legitimacy in the late years of the Weimar Republic
Weimar Republic

The Weimar Republic was the democracy and republican period of Germany from 1919 to 1933. Following World War I, the republic emerged from the German Revolution in November 1918....
 in his 1932 polemic treatise Legalitaet und Legitimitaet. 51% of parliamentary votes make for law and legality, Prof. Schmitt stated somewhat sarcastically, without ever asking why the remaining 49% accept the majority 51% decision.

See also

  • Constitutional legitimacy
    Constitutional legitimacy

    Constitutional legitimacy is a question which asks us what makes a constitution legitimacy . Why should we still obey laws today that were written so long ago, when the world was a different place?...