David Copp

A legitimate state would have a right to rule. The problem is to understand, first, precisely what this right amounts to, and second, under what conditions a state would have it. According to the traditional account, the legitimacy of a state is to be explained in terms of its subjects’ obligation to obey the law. I argue that this account is inadequate. I propose that the legitimacy of a state would consist in its having a bundle of rights of various kinds, which I specify. Among other things, a legitimate state would have the moral authority to impose and to enforce its law throughout its territory and to enforce its borders. I discuss familiar accounts of the circumstances under which a state would be legitimate, and I argue that none is satisfactory, given my proposal as to what the legitimacy of a state would consist in. Finally, I propose an argument which, I claim, supports a presumption that states are legitimate.

As practiced by Alvin Goldman, social epistemology addresses the epistemic consequences and requirements of social practices and institutions. Since political institutions have epistemic consequences and requirements, social epistemology has a great deal to offer to political philosophy. Goldman’s work in this area is rich and interesting, and, in his recent book, Knowledge in a Social World, he has much to say that deserves the attention of political philosophers. I highly recommend, for example, his discussion of freedom of expression, and his critique of post-modernist views about truth. In this essay, I shall focus on Goldman’s characteristically sophisticated and well-informed discussion of the epistemic requirements of democracy. I shall argue that there are instructive mistakes in Goldman’s views, but in drawing attention to these mistakes, I do not want to obscure the significance of Goldman’s work. We value both democracy and knowledge, and, because of this, we need to pay attention to the questions Goldman has raised both about the requirements of democracy and about its impact on the distribution of knowledge.

A person who sees that she morally ought to do something might wonder whether it would make sense for her to do it. Perhaps Aurelia is on a crowded bus, standing next to an old man whose wallet is almost falling out of his pocket. She says, “I see that the morally right thing would be to warn this man to take care of his wallet. But why should I do the right thing? In fact, why shouldn't I steal his wallet? It would be wrong of me to do this, but so what? No one is looking. I won't get caught. What's to fear?“We can imagine different scenarios of this kind. In one scenario, Aurelia is on the verge of deciding to steal the old man's wallet. She believes it would be wrong to do this, and she is asking whether there is any reason not to go ahead.