Political Legitimacy: Theories, Weber's Forms, and Democratic Principles

Theories of Law and the Legitimacy of Laws

Iusnaturalismo (Natural Law)

According to Natural Law theory, there is a fixed and universal legal code applicable across all times and places. This natural law allows us to establish whether positive laws are legal and legitimate. It is a universal law, in force at all times, in all places, and under all social and religious circumstances. Its universality requires fair compliance.

Scholastic Philosophy (Middle Ages) closely connected natural law with the divine. While natural law provides the latest illustration, theorists do not agree on the precise source of this natural right, especially when considering non-irrational sources.

Neocontractualism (John Rawls)

John Rawls is one of the best-known authors in this field, basing his work on contractarian theories of the seventeenth century. A law is legitimate if it follows a deal made among all members of society.

According to Rawls, to ensure social justice, society must imagine a pact made between subjects from a position of fairness (the "Original Position"). Individuals seek the common good while balancing self-interest. Rawls proposed a compact designed to move away from pure selfishness.

The main drawback of this notion of justice is its practical application. While the theory is robust, determining which specific laws are just or unjust based on this hypothetical compact proves difficult in practice.

Forms of Political Legitimacy (Max Weber)

Max Weber identified three primary ways in which power is legitimized:

1. Traditional Legitimacy

   Power is legitimized by its tradition. This is often based on the hereditary character of authority or divinity, with certain nuances (e.g., tribal systems).

2. Charismatic Legitimacy

   Power is legitimized by the charisma of the leader. The prestige of these leaders is often non-rational and short-lived. Examples include figures like Hitler and Mussolini.

3. Rational-Legal Legitimacy

   Power is legitimated by recourse to law. The authority emanates from the will of the people, democratically accepted by the citizens. This is the basis of modern democratic states.

Democracy: Principles and Characteristics

Democracy means "rule by the people" and is fundamentally based on two principles: freedom and equality.

Historical Contexts of Democracy

• Ancient Athens

  Athens was the birthplace of democracy. The people took a direct part in decision-making and the preparation of laws.

• Current Democracies

  Modern democracy emerged with the rise of a new social class: the Bourgeoisie. This class opposed the absolutist power of monarchs and began to demand increasing rights. Modern systems often incorporate elements of direct democracy (e.g., referendums and juries).

Key Features of Democratic Systems

1. Universal suffrage (voting rights).
2. A system based on political parties.
3. It is a constitutional state (rule of law).
4. There is a separation of powers (e.g., executive, legislative, judicial).
5. Respect for individual freedoms.