Fabienne Peter

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold.

Rawls’ theory of justice builds on the social contract tradition to offer an alternative to utilitarianism. Rawls singles out justice – not maximum welfare or efficiency – as “the first virtue of social institutions”. Economists were quick to realize the relevance of Rawls’ theory of justice for economics. Early contributions in welfare economics and social choice theory typically attempted to incorporate Rawls’ ideas into a welfarist framework. Current research in normative economics comes closer to Rawls’ original proposal of a non-consequentialist theory of justice. In my article, I shall first introduce Rawls’ theory of justice and then address some of the debates his theory has triggered in normative economics.

Ken Binmore casts his naturalist theory of justice in opposition to theories of justice that claim authority on the grounds of some religious or moral doctrine. He thereby overlooks the possibility of a political conception of justice−a theory of justice based on the premise that there is an irreducible pluralism of metaphysical, epistemological, and moral doctrines. In my brief comment I shall argue that the naturalist theory of justice advocated by Binmore should be conceived of as belonging to one family of such doctrines, but not as overriding a political conception of justice.

According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to be legitimized by the consent of its citizens. The emphasis in economic theory on freedom of choice in the market sphere suggests that legitimization in the market sphere is “automatic” and that markets can thus avoid the typical legitimization problem of the state. In this paper, I shall question the alleged dichotomy between legitimization in the market and in the state. I shall argue that it is the result of a conflation of choice and consent in economics and show how an independent concept of consent makes the need for legitimization of market transactions visible. Footnotes1 For helpful comments and suggestions I am most grateful to Marc Fleurbaey, Alain Marciano, Herlinde Pauer-Studer, Thomas Pogge, Hans Bernhard Schmid, to seminar or conference participants in Aix-Marseille, Tutzing, Paris, and Amsterdam, and to two anonymous referees.

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm.