Political legitimacy [Elektronische Ressource] : the quest for the moral authority of the state ; a philosophical analysis / vorgelegt von Anthony M. Musonda

Anthony Musonda

Informations

• Publié par: ludwig-maximilians-universitat_munchen
• Publié le: 01 janvier 2006
• Nombre de lectures: 12
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Political Legitimacy: The Quest for

the Moral Authority of the State,

A Philosophical Analysis








Inaugural-Dissertation

zur Erlangung des Doktorgrades

der Philosophie an der Ludwig-Maximilians-Universität

München



vorgelegt von

Anthony M. Musonda

aus

Zambia

LMU Bibliothek, München, 2006









Referent: Prof. Dr. Wilhelm Vossenkuhl



Korreferent: Dr. Stephan Sellmaier



Tag der mündlichen Prüfung: 28.07.2006


Acknowledgements





I am deeply indebted to a number of institutions and people who greatly facilitated the
completion of this work. First and foremost, Professor Dr. Wilhelm Vossenkuhl the
supervisor of my doctoral dissertation, for his encouragement, patience, kindness, assiduity,
total dedication and capability in the critical appraisal of earlier drafts of this dissertation and
his helpful suggestions. Dr. Stephan Sellmaier, the head of the Münchner Kompetenzzentrum
Ethik, for being generous enough to allow me use facilities and space of the resource room for
doing my work. In addition, I am grateful to Professor Vossenkuhl on behalf of the
Department of Philosophy and the Münchner Kompetenzzentrum Ethik for his efforts in
securing me a one-year German scholarship to help me complete my dissertation with the
University of Munich. Of course, I cannot forget to register my indebtedness to the
Katholischer Akademischer Ausländer-Dienst (KAAD) for their having initially offered me a
scholarship to enable me do my German language course, graduate course-work and research
for my dissertation. I can also not forget to thank my employers, the University of Zambia in
Lusaka, and my Head of Department, Professor Clive Dillon-Malone S.J., for their
unwavering support and for granting me study-leave to enable me do my doctorate in
Germany. Finally, I wish to express my unbounded gratitude to my wife, Valentina, and our
three daughters, Mulenga, Mwenya and Domisa who had to endure several years of my
absence from home but were still able to carry on with their daily lives without me.
























2

Contents

Introduction 4


1. The State 15

1.1. Conception of the State 15

1.1.1. Etymology of the Word 15

1.1.2. Max Weber’s Ideal Type Theory of the State 16

2 . The Origins of the State 20

2.1. The Ancient State Roman State 20

2.1.2. Background

2.1.2. The Roman Republic 21

2.1.3. The Roman Empire 26

3. The Christianisation of the State 27

3.1. The Rise of Christianity 27

3.2. The Germanic Invasions 28

3.3. The Feudal Polity of Estates 30


4. The Development of the Modern State 33

4.1. The First Stage of State Secularisation: the Investiture Controversy 33

4.2. The Renaissance: Revival of Roman Republicanism 37

4.3. The Second Stage of Secularisation: The Christian Reformation and
the Development of State Sovereignty 44

4.4. Territorial State Sovereignty Imagined: Social Contract Theory 53

4.4.1. Thomas Hobbes’ Absolute Monarchy 53

4.4.2. John Locke’s Constitutional Limited Monarchy 58

4.4.3. Rousseau’s Popular Sovereignty 66

3
5. Completion of the Development of the State: Liberal Theory 75

5.1. The Social and Political Idea of Order in the French Revolution 75

5.2. The Social and Political Construction of Order of the Declaration and 77
Constitution.

5.3. The Idea of Order of the Nation 82


6. The Expansion of Modern State Sovereignty 86

6.1. The Colonial State 86

6.2. The Post-Colonial State. 87

7. Legitimacy 89

7.1. The Idea of a State 90

7.2. The Problem of State Legitimacy 93

7.3. Dimensions of Legitimacy 95

7.3.1. Legitimacy as derived from Legal Rules 95

7.3.2. Legitimacy as Normative Justifiability of Legal Rules 101

7.3.2.1 Functional Legitimacy 102

7.3.2.2 Affirmative Legitimacy 105

7.3.2.3 Moral Legitimacy 109


8. The Right to Rule 112

8.1. The Right to Command Persons within States Legal Jurisdiction 114

8.2. The Right to Non-interference by Persons, Groups or States outside 116
State’s Jurisdiction

8.3. The Right to Control a Particular Geographical Territory. 117


9. The Societal Needs Moral Justification of the Legitimacy of State Power. 118

9.1. Conclusion. 123


4

Introduction


Every complex form of human society confronts the problem of what makes state power
rightful or legitimate, the question of whether and why holders of state power have the
authority to command and enforce the obedience of those subject to it and why the latter in
turn have a corresponding obligation to obey. The problem of legitimacy of state power
assumes significance once the origin and exercise of the order of domination of the state has
been substantially challenged or has been widely experienced as oppressive and unjust.

When the order of domination of the state is widely experienced as oppressive and unjust,
people may obey the command of political authority from pre-moral motives such as fear,
desire, custom or mere attachment to a ruler. However, an order of domination is not likely to
be stable over time unless those subject to it recognise that when holders of state power claim
the right to command, the claim is a legitimate one, that is, that it takes place in the context of
values. Therefore, for an order of domination to be stable over time, the content of command
must be based on valid norms that rulers share with the ruled and are justifiable to the latter.

These norms prescribe the terms which are important for establishing and maintaining the
order of domination, for defining the appropria