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24. Political Theory / B. Nature of a State / 2. State Legitimacy / a. Sovereignty

[rightful power over citizens]

12 ideas
Hobbes says the people voluntarily give up their sovereignty, in a contract with a ruler [Hobbes, by Oksala]
     Full Idea: While Hobbes had held that the people were the final source of political authority, he had argued that in entering the social contract they gave up their sovereignty by transferring all power to an absolute ruler.
     From: report of Thomas Hobbes (Leviathan [1651]) by Johanna Oksala - Political Philosophy: all that matters Ch.5
     A reaction: Later the idea of 'inalienable' rights crept in. If you volunteer for exploitation or slavery, that still doesn't justify them. Sadism is presumably not justified by masochism.
Sovereignty must include the power to make people submit to it [Spinoza]
     Full Idea: Either there is no sovereignty nor any right over subjects, or else sovereignty must necessarily extend to everything that might be effective in inducing men to submit to it.
     From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 17.02)
     A reaction: In the seventeenth century this usually includes the death penalty. Refusal to submit may be fairly passive and harmless, so the issue must concern duties, rather than rights. Taxes, jury duty, calls to arms.
People accept the right to be commanded, because they themselves wish to command [Rousseau]
     Full Idea: Citizens allow themselves to be oppressed only insofar as they are driven by blind ambition; ...they consent to wear chains in order to be able to give them in turn to others. It is difficult to reduce to obedience someone who does not wish to command.
     From: Jean-Jacques Rousseau (Discourse on the Origin of Inequality [1754], Part II)
     A reaction: Beautiful. This produces what I call the 'military model of management', where people love tree diagrams showing chains of command, and their place in the hierarchy. Life becomes 'either give orders, or obey'. I like democratic teams.
Rousseau insists that popular sovereignty needs a means of expressing consent [Rousseau, by Oksala]
     Full Idea: Rousseau's idea of popular sovereignty is a much more radical idea of self-government, because he insists that the consent of the people has to have a real means of expression.
     From: report of Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762]) by Johanna Oksala - Political Philosophy: all that matters Ch.5
     A reaction: Presumably Hobbes's 'contract' is forgotten in the mists of time, and ceases to be of any interest to a ruler (such as Charles I, who thought God must have appointed him). Perhaps Britain needs an annual ceremony reaffirming the monarch.
Sovereignty is the exercise of the general will, which can never be delegated [Rousseau]
     Full Idea: Since sovereignty is merely the exercise of the general will, it can never be alienated, and the sovereign which is only a collective being, cannot be represented by anything but itself. Power can perfectly well be transmitted, but not the will.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.01)
     A reaction: Part of the post-Hobbesian revolution, which sees sovereignty as residing in the will or consensus of the people, rather than in a divine right, or a right of power. In 2016 this isn't going very well. A people choosing to obey is thereby dissolved.
Just as people control their limbs, the general-will state has total control of its members [Rousseau]
     Full Idea: Just as nature gives each man an absolute power over all of his members, the social compact gives the body politic an absolute over all its members, which is the power directed by the general will, and bearing the name sovereignty.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.04)
     A reaction: A highly organic view of the state, and his favourite political metaphor. Does the metaphor include disease and madness? In the 1930s Germany went insane. The man may be happy, but are his limbs happy? If I burn my hand? Etc.
Political laws are fundamental, as they firmly organise the state - but they could still be changed [Rousseau]
     Full Idea: The laws regulating the relationship of the sovereign to the state are political laws, which are also fundamental. There is one way of organising a state, and people should stand by it. ...But a people is always in a position to change its laws.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.12)
     A reaction: Constitutions take on a sacred and inviolable quality, but Rousseau clearly thinks 'the Sabbath is made for man'. I think the USA is crazy not to change its constitution on the subject of bearing arms.
The sovereignty does not appoint the leaders [Rousseau]
     Full Idea: The election of leaders is a function of government and not of the sovereignty.
     From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], IV.3)
     A reaction: The point is that the general will only establishes the form of government, and not its content. In Britain we accept leaders who are appointed by their own party, and not by the electorate.
States only have full authority if they heed the claims of human fellowship [Green,TH]
     Full Idea: The claim of the state is only absolutely paramount on the supposition that in its commands and prohibitions it takes account of all the claims that arise out of human fellowship.
     From: T.H. Green (Lectures on the Principles of Political Obligation [1882], §146), quoted by John H. Muirhead - The Service of the State III
     A reaction: He rejects the idea of the general will in ordinary political activity, so it is not clear how this condition could ever be met in practice. Hideous governments just pay lip service to 'human fellowship'. How could you tell whether they believe it?
Liberal state legitimacy is based on a belief in justice, not in some conception of the good life [Kymlicka]
     Full Idea: For liberals the basis of state legitimacy is a shared sense of justice, not a shared conception of the good.
     From: Will Kymlicka (Community [1993], 'legitimacy')
     A reaction: For a liberal state to work, the citizens have to roughly believe in the core values of liberalism, which are primarily freedom and equality (and hence justice).
Nowadays sovereignty (once the basis of a state) has become relative [Reybrouck]
     Full Idea: In the twenty-first century, sovereignty, once the basis of the nation state, has become a relative concept. ...Powerlessness is the key word of our time.
     From: David van Reybrouck (Against Elections [2013], 1 'Crisis')
     A reaction: The point is that nation states now have limited power, in the face of larger unions, multinational companies, and global problems.
Unjust institutions may be seen as just; are they legitimate if just but seen as unjust? [Tuckness/Wolf]
     Full Idea: Legitimacy and perceived legitimacy do not always go together: people can believe that their institutions are just, but they may be wrong. Is the reverse also possible? Can institutions be legitimate if people believe they are not?
     From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'What are')
     A reaction: Nice thoughts. An institution cannot be just merely because it is seen that way (if someone gets away with rigging an election). If they are just but seen as unjust, I presume they are legitimate (which is objective), but disfunctional.