THE LEGITIMACY OF LAW IN DEMOCRATIC SOCIETIES
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
The legitimacy of the state power identifies an interactive relation of balance and cooperation between branches of power in the state, under the condition of a contemporary democratic political regime. The rule of law is based on the legitimacy of the Constitution itself and this quality preconditions can only be achieved by applying and respecting the principle of the legitimacy of state power and the ethical bodies directly involved in the complex process of establishing, mantaining and exercising state power. Legitimacy is the form of thinking and managing society within a predominant political order, around which a social consensus is built through different processes and at different times. In this paper we will try to produce an argument showing that the state has a legitimate authority and we need – as we can see – two aspects. On the one hand, the validity of the state’s claim to have authority (to order, to issue laws etc.) and on the other hand, the correlated obligation to obey. People are responsible for what they are doing. They are free to choose, to judge about the choices they are going to make, they take responsibility for their actions and their consequences. As philosopher I. Kant argued, the human person gives these moral norms to itself: to have personal autonomy means to obey the norms you give yourself. By definition, the idea of autonomy opposes the idea of obedience under the will of another. The person’s autonomy is incompatible with accepting to act according to the will of another. Sure, the autonomy does not mean that the person always refuses to take into account other people.
Authors and Affiliations
Oana Andra NIȚĂ
Keywords
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