Human Nature, Legal Legitimacy, and Authority Dynamics

Human Nature

Many philosophers and scientists argue that human nature is common to all individuals. We possess needs rooted in our animal essence: the pursuit of happiness, discovery, and the invention of technology (tools, agriculture). We have consistently sought better adaptation to life and the survival of our species. Furthermore, respect and fraternity contribute to these ends.

Legality, Legitimacy, and Effectiveness of Laws

The classic reflection on political power comes from Max Weber (1920), who posited that the state holds the legitimate monopoly on the use of force. Coercion, threats, or punishment by law must be accompanied by legitimacy—meaning they must have a sound rationale. The relationship between legality and legitimacy can be categorized into three conditions:

• Legal Standards Lacking Legitimacy: Laws in a dictatorship may form a legal code that fails to respect human rights (e.g., Nazism and its laws against the Jewish population).
• Social Legitimacy: A society may desire laws that reflect the legitimacy of coexistence—rules that serve harmony and social order, such as customs and traditions that do not need to be written to be respected.

Religious Beliefs

Most religions recognize a special dignity in humans compared to other creatures. Judaism, Christianity, and Islam grant humanity this dignity because God created us in His image and likeness. Any offense against a person is prohibited by religious commandments, establishing that everyone is considered our neighbor, possessing equal dignity and rights.

Authority and Power

There are four ways of relating to power and authority:

• a) Legitimate Authority with Restraint: When individuals gain full authority, understand the necessity of their position, and exercise power in a limited and correct manner.
• b) Legitimate Authority without Restraint: When a person is qualified for their position but wields power in an unfair or corrupt manner (e.g., a corrupt politician), they lose their legitimacy.
• c) Illegitimate Authority: Exercised with or without restraint, where the individual has not gained the proper authority required to hold the position (e.g., an intruder or imposter).
• d) Tyrannical Power: Illegitimate authority that exercises inordinate, arbitrary, oppressive, and tyrannical power. The individual lacks the right to the position but possesses the means to exercise absolute will (e.g., dictators or terrorists).