State Structures and Max Weber's Forms of Legitimacy

Forms of State Structure

The structure of a state defines how political power is exercised and limited. State forms are generally categorized based on the extent of governmental control and adherence to legal limits.

I. Authoritarian State

Characterized by unlimited power, the authoritarian state is typically divided into two forms:

• Absolute Authoritarian State (Absolutist)

  There is no legal way to exercise opposition against the ruler's command (e.g., the king).

• Totalitarian State

  A dictatorship where the state controls all fields in which the subject unfolds, including their private life.

II. State Based on the Rule of Law (Estado de Derecho)

All citizens possess the same rights. Political power can only be exercised within the limits imposed by law, affecting both subjects and rulers.

The structure and operation of a state based on the rule of law are defined by characteristic features:

• The existence of a Constitution as the supreme law, regulating the operation and structure of the state.
• The Division of Powers:
  • Legislative: Makes the laws and controls the Executive (Parliament).
  • Executive: Enforces laws and directs the state administration (Government).
  • Judiciary: Applies the laws and sanctions non-compliance (Courts).

III. Social State Based on the Rule of Law

This form seeks equality under the law and promotes the welfare of individuals. The constitution in such states requires:

• The abandonment of violence.
• The state's monopoly on power.
• The resolution of conflicts between individuals, corporate groups, or classes.
• The existence of limits on the military/army.
• The legitimacy of public power derived through the constitution of the "political individual."

Legitimation of State Power

Establishing mechanisms for the legitimation of power is crucial for explaining why citizens comply with the laws and conduct themselves according to the state's requirements.

According to sociologist Max Weber, there are three primary forms of legitimation of power:

Traditional Legitimacy

An appeal to tradition to legitimize the power of families or dynasties that have exercised authority historically (e.g., hereditary monarchy).

Charismatic Legitimacy

Power is legitimized by the use of charisma—the personal appeal or exceptional qualities of the leader. This capacity is considered personal and is not hereditary. Examples include Hitler, Franco, Gandhi, and Che Guevara.

Rational-Legal Legitimacy

Authority is conferred by legal-bureaucratic procedures, where the law itself is legitimized through democratic processes. This form allows for the establishment of mechanisms for ongoing rational argumentation in democracies.

It is important to note that forms of legitimation are rarely singular; elements of different types often coexist. While modern democracy generally enhances the rational element, there is a current risk of replacing the rational element with the charismatic element.