11.3 Political Legitimacy and Duty

Political legitimacy is the cornerstone of government authority. It's how rulers justify their power over citizens. From divine right to social contracts, various theories explain why we accept being governed.

Hobbes and Locke both saw governments as necessary for order, but differed on how much power they should have. Balancing individual rights with social responsibilities is a key challenge in political philosophy. It's all about finding the sweet spot between personal freedom and the common good.

Political Legitimacy and Social Contract Theory

Sources of political legitimacy

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• Political legitimacy justifies and garners acceptance for a government's authority over its citizens
• Divine right holds that a ruler's authority is granted by God (medieval European monarchies)
• Social contract theory posits that a government's authority arises from an agreement between the governed and the government
  • Thomas Hobbes argues that people surrender their rights to a sovereign in exchange for protection and security
  • John Locke believes that people consent to be governed to protect their natural rights
• Consent of the governed suggests that a government's legitimacy stems from the explicit or implicit consent of its citizens (democratic elections)
• Utilitarianism asserts that a government's legitimacy is based on its ability to maximize overall happiness and well-being for its citizens (John Stuart Mill)
• Sovereignty refers to the supreme authority within a territory, which is central to political legitimacy

Hobbes vs Locke on social contracts

• Similarities between Hobbes and Locke's social contract theories:
  • Both argue that governments derive their authority from the consent of the governed
  • Both believe that people are naturally self-interested and that governments are necessary to maintain order and prevent conflict
• Differences between Hobbes and Locke's social contract theories:
  • State of nature:
    1. Hobbes describes the state of nature as a "war of all against all," characterized by constant fear and conflict
    2. Locke sees the state of nature as a state of perfect freedom and equality, but it is unstable and inconvenient
  • Rights and liberties:
    • Hobbes contends that people surrender all their rights to the sovereign in exchange for protection
    • Locke argues that people only surrender some of their rights to the government, retaining fundamental natural rights (life, liberty, property)
  • Limits on government power:
    • Hobbes believes the sovereign has absolute power and cannot be challenged or overthrown by the people
    • Locke maintains that the government's power is limited, and the people have the right to overthrow a government that fails to protect their natural rights

Individual rights and social responsibilities

• Individual rights are the freedoms and entitlements that people have by virtue of being human (right to life, liberty, property)
  • Negative rights are freedoms from interference or coercion (freedom of speech, freedom of religion)
  • Positive rights are entitlements to certain goods or services (right to education, right to healthcare)
• Social responsibilities are the duties and obligations that individuals have to their community and society as a whole
  • Obeying laws and respecting the rights of others
  • Contributing to the common good through taxation, military service, or civic engagement
  • Promoting social justice and equality
• Balancing individual rights and social responsibilities is a central challenge in political philosophy
  • Libertarianism emphasizes individual rights and minimal government intervention (Robert Nozick)
  • Communitarianism prioritizes social responsibilities and the common good over individual rights (Michael Sandel)
  • Liberal theories attempt to balance individual rights and social responsibilities through principles like:
    1. The harm principle (John Stuart Mill)
    2. The veil of ignorance (John Rawls)

Political Obligation and Civil Disobedience

• Political obligation refers to the duty of citizens to obey the laws and support their government
• Civil disobedience is the deliberate violation of laws as a form of protest against perceived injustice
• A legitimacy crisis occurs when a significant portion of the population questions or rejects the government's authority