What, if anything, can realism say about the normative conditions of political legitimacy? Must a realist political theory accept that the ability to successfully employ coercive power is equivalent to the right to rule, or can it incorporate normative criteria for legitimacy but without collapsing into a form of moralism? While several critics argue that realism fails to adequately differentiate itself from moralism or that it cannot coherently appeal to normative values so as to distinguish might from right, this article (...) seeks to help develop a realist account of legitimacy by demonstrating how it can successfully and stably occupy this position between moralism and Realpolitik. Through this discussion, however, the article also argues that political rule necessitates the use of coercive power which is (at best) imperfectly legitimated, and that this blurs the distinction between politics and successful domination which lies at the heart of many recent accounts of political realism. In at least this sense, realism retains important and under-acknowledged affinities to Realpolitik. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...) put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Max Weber’s typology of legitimate ‘Herrschaft’ has provided the basis for the treatment of legitimacy in twentieth century sociology and political science. The thesis of the article is that this typology is a misleading tool for the analysis of the modern state, and especially for the comparative analysis of political systems. This is because of basic flaws in Weber’s conceptualisation of legitimacy itself, and in his account of the normative basis of authority. The article offers an alternative, multi-dimensional, account of (...) political legitimacy, and suggests how it might be used to develop a typology of forms of ‘Herrschaft’ more appropriate to the analysis of the modern state. (shrink)

This article aims to make conceptual room for a view about political legitimacy called the power-liability account. The view claims that politi- cal legitimacy is a form of normative power that entails moral liability, but not necessarily a moral claim-right that entails moral duty. The power-liability account supports appealing interpretations of justified civil disobedience in the face of legitimate but unjust law at home and of justified human rights interventions that violate legitimate international law abroad. I argue here only for (...) the conceptual possibility of this view, not for its normative correctness. I believe that the power-liability view indeed is correct, but it often is thought that the view not only is false but also incoherent. Many hold that entailed duty and immunity are built into the meaning of the concept of political legitimacy. My task is to loosen these conceptual strictures. (shrink)

This book is vigorous in its arguments, displays an impressive historical sweep, and on several occasions gets in the perfect skewering criticism.

In this essay I will discuss the relationship between two of the most basic ideas in political and legal philosophy: the justification of the state and state legitimacy. I plainly cannot aspire here to a complete account of these matters; but I hope to be able to say enough to motivate a way of thinking about the relation between these notions that is, I believe, superior to the approach which seems to be dominant in contemporary political philosophy. Today showing that (...) a state is justified and showing that it is legitimate are typically taken to require the very same arguments. I will argue that this contemporary stance obscures the difference between two central ways in which we should morally evaluate states, and it generates confusions about other serious practical issues, such as those surrounding our moral obligations to comply with law. I begin with brief discussions of the ideas of justification and legitimacy and with an attempt to capture what ought to be most central in our concerns about these ideas. I turn then to two basic ways of thinking about the relation between justification and legitimacy that I want to distinguish: what I will call the Lockean and the Kantian approaches. Next, I argue that the minority Lockean approach to this issue captures essential features of institutional evaluation that the majority Kantian approach does not; and I add brief mention of one further complication facing any adequate account of political evaluation. (shrink)

European Journal of Philosophy, Volume 30, Issue 1, Page 326-344, March 2022.

The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...) consenting to the state’s lawful actions. In addition, the various obstacles standing in the way of us leaving the state render our remaining involuntary. Thus, the critics conclude, few if any people can be considered to have consented through their residence. I argue that these objections fail and that the residence theory remains a viable option, at least for those who are not committed incompatibilists. (shrink)

A common trait of all realistic political theories is the rejection of a conception of political theory as applied moral philosophy and an attempt to preserve some form of distinctively political thinking. Yet the reasons for favouring such an account of political theory can vary, a point that has often been overlooked in recent discussions by realism’s friends and critics alike. While a picture of realism as first-and-foremost an attempt to develop a more practical political theory which does not reduce (...) morality to politics is often cited, in this paper we present an alternative understanding in which the motivation to embrace realism is grounded in a set of critiques of or attitudes towards moral philosophy which then feed into a series of political positions. Political realism, on this account, is driven by a set of philosophical concerns about the nature of ethics and the place of ethical thinking in our lives. This impulse is precisely what motivated Bernard Williams and Raymond Geuss to their versions of distinctively realist political thought and is important to emphasise because it demonstrates that realism does not set politics against ethics (a misunderstanding typically endorsed by realism’s critics) but is rather an attempt to philosophise about politics without relying on understandings of morality which we have little reason to endorse. (shrink)

A legitimate state would have a right to rule. The problem is to understand, first, precisely what this right amounts to, and second, under what conditions a state would have it. According to the traditional account, the legitimacy of a state is to be explained in terms of its subjects’ obligation to obey the law. I argue that this account is inadequate. I propose that the legitimacy of a state would consist in its having a bundle of rights of various (...) kinds, which I specify. Among other things, a legitimate state would have the moral authority to impose and to enforce its law throughout its territory and to enforce its borders. I discuss familiar accounts of the circumstances under which a state would be legitimate, and I argue that none is satisfactory, given my proposal as to what the legitimacy of a state would consist in. Finally, I propose an argument which, I claim, supports a presumption that states are legitimate. (shrink)

In recent years, a number of realist thinkers have charged much contemporary political theory with being idealistic and moralistic. While the basic features of the realist counter-movement are reasonably well understood, realism is still considered a critical, primarily negative creed which fails to offer a positive, alternative way of thinking normatively about politics. Aiming to counteract this general perception, in this article I draw on Bernard Williams’s claims about how to construct a politically coherent conception of liberty from the non-political (...) value of freedom. I do this because Williams’s argument provides an illuminating example of the distinctive nature of realist political thinking and its attractions. I argue that Williams’s account of realist political thinking challenges the orthodox moralist claim that normative political arguments must be guided by an ideal ethical theory. I then spell out the repercussions Williams’s claims about the significance of political opposition and non-mor... (shrink)

This paper attempts to get some critical distance on the increasingly fashionable issue of realism in political theory. Realism has an ambiguous status: it is sometimes presented as a radical challenge to the _status quo_; but it also often appears as a conservative force, aimed at clipping the wings of more ‘idealistic’ political theorists. I suggest that what we might call ‘actually existing realism’ is indeed a conservative presence in political philosophy, and that its ambiguous status plays a part in (...) making it so. But I also argue that there is no necessary connection between realism and conservatism. This paper describes the three contingent and suspiciously quick steps which lead from an initial commitment to being attentive to the real world, via a particular kind of pessimism about political possibilities, to an unnecessarily conservative destination. In the process, I try to show how the ubiquitous trinity of realism, pessimism and conservatism might be pulled apart, thus removing the artificial tension between ‘being realistic’ and the demand for far-reaching social change. (shrink)

This paper is primarily a response to John Simmons’s critique of Locke’s consent theory of political obligation (Two Treatises). It seeks to apply ordinary legal reasoning to what Locke actually says about “express consent” and “tacit consent.” The result is a theory both different from the theory commonly attributed to Locke and more plausible. Among the differences is that express consent (“entering political society”) is understood to arise chiefly from seeking to vote (rather than by oath or voting) and tacit (...) consent is understood as a reasonable (but rebuttable) presumption of actual consent. In the course of presenting Simmons’s critique, the paper identifies four commonly accepted criteria of adequacy for theories of moral obligation to obey law or government, noting that Locke’s theory, under its lawyerly interpretation, fails to satisfy any of the four criteria but seems reasonably plausible (for example, in its ability to deal with Simmons’s critique). This is taken to be reason to weaken all four criteria. (shrink)

Some authors have argued that legitimacy without authority is possible, though their work has not found much uptake in mainstream political philosophy. I provide an improved model how legitimate political institutions without authority are possible, the Transmission Model, which I couple with a thin substantive position, the Moral Value View. I defend the model against three common objections.

What is it for a state, constitution or set of governmental institutions to have political legitimacy? This paper raises some doubts about two broadly liberal answers to this question, which can be labelled ?Kantian? and ?libertarian?. The argument focuses in particular on the relationship between legitimacy and principles of justice and on the place of consent. By contrast with these views, I suggest that, without endorsing the kind of voluntarist theory, according to which political legitimacy is simply created by individual (...) consent, an adequate understanding of political legitimacy should take much more account than most philosophical theories tend to do of the attitudes and beliefs of citizens and the social and political context in which they have saliency. This also involves acknowledging the limits of theory in determining criteria of political legitimacy. (shrink)

What makes a government legitimate? Arthur Isak Applbaum rigorously argues that the greatest threat to democracies today is not loss of basic rights or despotism. It is the tyranny of unreason: domination of citizens by incoherent, inconstant, incontinent rulers. A government that cannot govern itself cannot legitimately govern others.

In this paper I defend Max Weber's concept of political legitimacy as a standard for the moral evaluation of states. On this view, a state is legitimate when its subjects regard it as having a valid claim to exercise power and authority. Weber’s analysis of legitimacy is often assumed to be merely descriptive, but I argue that Weberian legitimacy has moral significance because it indicates that political stability has been secured on the basis of civic alignment. Stability on this basis (...) enables all the goods of peaceful cooperation with minimal state violence and intimidation, thereby guarding against alienation and tyranny. Furthermore, I argue, since Weberian legitimacy is empirically measurable in terms that avoid controversial value judgments, its adoption would bridge a longstanding divide between philosophers and social scientists. (shrink)