The Legitimization of Power and Law
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Abstract
The article deals with the mutual links between the power and the law. The reasoning proceeds from the statement that a social normativity (including the ethics and the law) by virtue of its instructing nature is an expression of the power. In it’s turn, the power can not be set up otherwise as based on the law of the power. Inasmuch as the beings have a free will, the power in human societies must be recognized (or justified) by its participants. It makes the legitimization of power be the ground of its existence in a human society. The power can exist the when and the where, whereat its law was established.
The specificity of the power relations is determined with a transcendental instance, which serves as a source and basic of the power. The appeal to the transcendental instance is the foundation of the legitimization of power for its participants. The characteristic of a legitimate power is that that it is becoming a social recognized source of the social normativity (including the ethics and the law). According to the diversity of a transcendental instance there are five major types of the legitimization of the power: based on the custom, the power of God, the advantage of the best, the superiority of force, a human confidence. The particularities of all these types are analyzed in the article.
All types of the legitimization to some extend always are engaged in the real historic political-legal systems. Their all-embracing impact provides the stable legitimization of power and the efficacy of social regulators. At the same time, the ideal types of the political-legal systems could be singled out, in which the one of the main principle of the legitimization dominates. The power based on a custom is corresponding to traditional society; the power of God – to archaic (sacred) or theocratic state; the power of the advantage of the best – to estate state; the power of the superiority of force – to tyrannical (autocratic) regime; the power of a human confidence – to system of a representative democracy.
The specificity of the power relations is determined with a transcendental instance, which serves as a source and basic of the power. The appeal to the transcendental instance is the foundation of the legitimization of power for its participants. The characteristic of a legitimate power is that that it is becoming a social recognized source of the social normativity (including the ethics and the law). According to the diversity of a transcendental instance there are five major types of the legitimization of the power: based on the custom, the power of God, the advantage of the best, the superiority of force, a human confidence. The particularities of all these types are analyzed in the article.
All types of the legitimization to some extend always are engaged in the real historic political-legal systems. Their all-embracing impact provides the stable legitimization of power and the efficacy of social regulators. At the same time, the ideal types of the political-legal systems could be singled out, in which the one of the main principle of the legitimization dominates. The power based on a custom is corresponding to traditional society; the power of God – to archaic (sacred) or theocratic state; the power of the advantage of the best – to estate state; the power of the superiority of force – to tyrannical (autocratic) regime; the power of a human confidence – to system of a representative democracy.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
