POLITICAL PHILOSOPHY

BACHELOR IN JOURNALISM
CARLOS III UNIVERSITY OF MADRID

Lesson 6.- Theories of Justice

1.- Legality, legitimacy, legitimation

These are conceptually relevant to delineate different aspects of values and

norms in which coexistence is organized in partnership concepts. One of these
concepts is the notion of the State. Weber's definition is famous and states: "the
State is a human community that within a given territory (the" territory "is the
distinctive element) claims (successfully) for the monopoly of legitimate physical
violence" (Weber , 2004, 83).

This definition relates to political and state power with violence and legitimacy.
From this perspective, it is necessary to specify the terms of legality, legitimacy
and legitimation. Legality is linked with the valid rules and comes from legal
sources. Legitimacy has to do with the values of justice, which serve as criteria on
how to be social coexistence. Legitimacy is linked to the adherence of citizens to
existing norms and values. Therefore, legality and validity is related to
standards, legitimacy is linked with justice and values and legitimacy with
effectiveness and deeds.

One of the fundamental questions of any political philosophy is "Why should

obey the political power?" Obedience of citizens are intrinsically linked legality,
legitimacy and legitimation. The adhesion of citizens –legitimation- to valid
standards -legality- occurs if the power meets the criteria -legitimacy- justice. It is
a moral adherence to standards, not a mere compliance with prudential or
pragmatic reasons.

Political power is not exercised exclusively by sheer force. It also incorporates

elements of proof to justify obedience that have to do with criteria of legitimacy.
As Bobbio says, the problem of justification of power stems from the question:
"Admitting that political power is the power that has the exclusive use of force in
a particular social group, is enough force to make it accept by those on which it is
exercised to persuade recipients to obey him? "(Bobbio, 1992, 117).

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Justifying obedience is a key task of political power and a regular mechanism is

convinced that the valid rules are legitimate. As Elias Diaz says, "to justify
legitimate, try to justify and speaking of issues policies- try to give reason of
force (in this case which is behind the Law and the State) by the force of reason
"(Diaz, 1984, 21)

It should be an important precision to avoid confusion in the sense that the

relationship between legality and legitimacy is contingent. This means that you
can give an unjust law. In the words of Kelsen, "justice is first and foremost a
possible but not necessary feature of a social order" (Kelsen, 1997, 9). Importantly
legitimacy is being used in the sense of critical morality. As Elias Diaz says, quite
legally it has claim to legitimacy, but not all legality is legitimate. Therefore, it
says "any system of law, for the moment, incorporates and performs through its
rules a particular system of legitimacy, a certain system of values and interests,
which are, good or bad, just and unjust, according the point of view of everyone
"(Diaz, 1984, 27).

The issue of the legitimacy of power and persuasiveness is key to organizing

coexistence in society. From this perspective, the typology is classic Weber offers
on the types of legitimacy:

Traditional Legitimacy: The legitimacy of the "eternal yesterday", consecrated by

immemorial validity and customary orientation of men to respect usual. (...) As
exercised by the patriarchs and princes of old-fashioned heritage (Weber, 2004,
85).

Legitimacy charismatic: The authority of grace (charisma) and extraordinary staff,

purely personal commitment and trust, as well as staff for revelations, heroism,
or other qualities of the leader that an individual possesses. (...) The prophets
who held or, in the political arena, the warlords elected, plebiscitary rulers, the
great demagogues or heads of political parties (Weber, 2004, 85).

Based on legality Legitimacy: The belief in the validity of legal principles and
objective competition based on standards rationally created (...) As practicing
modern "servant of the state" and all those power-holders that resemble it (
Weber, 2004, 85).

2.- Political Ideologies

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The issue of the legitimacy of the values of justice and power of conviction for
citizens tackles the issue of political ideologies. They are linked to beliefs and
other action related to the element. It is relevant to note that there is a Marxist
vision of the concept 'ideology' and other positions that give another meaning.

Ideology plays a role as false consciousness of the proletariat. According to Marx,

"the consciousness of an individual is determined by their class position. As this
knowledge was linked to the class position of the knower, it was necessarily
partial, that is, an inaccurate representation of the world: therefore was
ideological. For Marx, the only escape from ideology to the exact knowledge was
a synthetic conception that understand both sides of the process, and this same
tried his own theory, that designated as "scientific" and distinguished social
theory " ideological "" (Goodwin, 1993, 28-29).

Ideology, like religion or culture, is part of the superstructure and responds,

basically, the structure of the means of production. Ideology, according to Marx,
was, for the proletariat, false consciousness since their values benefited the
propertied classes.

This advocates a problem of self-reference. As suggested Goodwin, it was

perhaps Marx's theory, in turn, ideological? (Goodwin, 1993, 30).

There are other views on ideologies that have no Marxist influence, Goodwin
highlights some of its defining features of these approaches:

a) The ideology presents ideas and knowledge, so that it implies some kind of
beliefs and actions.
b) The ideology is proposed as if has endowed explanatory power, to make
understandable to those who believe in her world, but actually distorts the truth
through the selection, interpretation or outright forgery.
c) The ideology has persuasive power; its precepts often appear as moral
imperatives and try evoke emotions common prejudices and deeply rooted fears.
d) Modern ideology often claims to be scientific argument based on guidelines
similar to those of science or scientific evidence invoked
e) Although d), when subjected to analysis, ideology is often irrational and
illogical (Goodwin, 1993, 33).

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It is an interestingly approach that offers Passerin d'Entreves over ideology.

According to him, an ideological assertion is a value judgment disguised or
changed, an assertion of fact. The task of the modern researcher is to "unmask"
(Passerin d'Entreves, 1998, 654). You can think Aristotle naturally considered
slavery or inequality of women. Or, Locke considered that property is a natural
right of individuals.

As we have seen, ideologies are related to the criteria of legitimacy of different

and power of conviction has to do with the practical dimensions of the action,
which ultimately is linked to the key issue of obedience to political power. In this
sense, Goodwin offers his own definition of ideology: "an ideology is a doctrine
about what the correct or ideal of a society organize and conduct policy based on
broader considerations about human nature and knowledge mode. The aspect
related to the "action orientation" of such doctrines derive from the fact that they
claim to establish what is politically true and correct, and thus give rise to
imperatives that, in essence, are moral. Inevitably, these doctrines include the
recommendation that their ideals are realized or continue performing
"(Goodwin, 1993, 40).

The ideologies of Liberalism, Marxism, Fascism and Social democracy are

analysed in the following ways.

2. a) Liberalism

To analyze the principles of liberalism, making reference to some general

guidelines for the work of Locke and then some brief reflections on the moral,
economic and political core of liberalism will be aimed.

Offering a version of the Social Contract, Locke became the "first classic
expression of liberalism" (Abellán, 2006.13). The political doctrine of Locke itself
can be stated thus: Every government is limited in its powers and exists only by
the consent of the governed. And the principle on which this is founded Locke:
All men are born free (Goldwin, 1993, 451).

As Hobbes, Locke founded the Social Contract at an earlier stage where no state
or law, called State of Nature. But unlike Hobbes, says MacIntyre, state nature of
Locke, in fact, is not presocial or premoral (MacIntyre, 1998, 155). In this line,

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Goldwin explains the characteristics of the State of Nature and the Social
Contract:

1.-The state of nature is characterized by the absence of a common judge and the
absence of any law, unless the natural.
2. Civil society, on the other hand, is characterized by the presence of a common
judge with authority to civil law.
Thus, in addition, either in the state of nature or in civil society:
3. The state of war exists if force is used without right.
4. Or the state of peace, on the other hand, exists if there is no use of force
without law (Goldwin, 1993, 455).

If the Hobbesian Social Contract was based on peace and security offered by the
sovereign in exchange for obedience of subjects, the Lockean Social Contract is
based on respect for natural rights (life, liberty, property) of citizens part of the
ruler. It is noteworthy that the problem in the Lockean State of Nature is that
there was no security or certainty for compliance with the covenants.

There are a number of features relating to the exercise of power that are inherent
ito Locke’s approach and later had significant influence. These are the idea of
separation of powers, based on the consent albeit tacit government and the right
of resistance, when the ruler does not meet the social pact. In this sense, Sabine
explains some features of Lockean philosophy: a) The individual and his rights-
and especially of property- appear as the foundation of the entire system (..) It is
based on the defense of individual liberty. against political oppression; b) Men
are also members of a political community, and although Locke described the
partnership as based on the tacit consent and understood by it actually a
majority, constantly spoke of the community as a defined unit that was trustee of
individual rights; c) In addition to the company is the government that is
community trust fund, similarly to as this is a trustee of the individual; d) Within
the government, the executive is less important and has less authority than the
legislative (Sabine, 2006, 413).

An important element within the philosophy of liberalism of Locke is the

preservation, as Goldwin states, "therefore the most important political
understanding, more powerful force of human nature, and it is the desire for
self-preservation" ( Goldwin, 1993, 484). This notion, that of an individualistic
vision behind the Social Contract and the notion of rights.

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The Social Contract is based on respect for the natural rights of citizens by the
ruling. Therefore, Sabine argues that "Locke natural law interpreted as a claim
about innate and inviolable rights inherent in each individual. The typical
example of such rights is private property "(Sabine, 2006, 404).

If the ruler does not fulfill the pact violates the rights, then there is a right of
resistance. This is a logical consequence of that power is based on consent, albeit
tacit. From this perspective, Goldwin arises "government is threatening the
security of the people? And this is the question that only the people should judge
(Goldwin, 1993, 480).

Some want to see in Hobbes's Leviathan justification of absolutism, while Locke

offers one of the first versions of liberalism, where power is limited by the rights.
As Goldwin says, "Locke sought to rid mankind of all forms of arbitrary absolute
power" (Goldwin, 1993, 484).

In his analysis of liberalism, Vallespín proposes the separation a moral core, a

core economic and political core of liberalism (Vallespín, 2003, 64-80).

The moral core of liberalism is linked to the notion of moral autonomy of

individuals. This notion is based on the individual to be the origin of moral
norms. A representative of this view is Stuart Mill in On Liberty.

According to Vallespín, the moral core of liberalism gives "absolute priority to

individual freedom and the corresponding moral autonomy of individuals"
(Vallespín, 2003, 65). It should be noted that in the liberal view this autonomy is
for adults and competent persons and is given an important role to education.
Other visions, have other objectives such as avoiding physical or mental injury,
even against the will of subject -paternalism- or promote virtue and prevent -
perfeccionism- moral damages.

Other visions criticize excessive individualism behind the vision of autonomy

that handles liberalism and seek a contextualist Community -more compression,
culturalist or feminist individuals.

The economic core of liberalism, as main idea, argues that free market
competition will result in the better social outcomes. It is the image of the

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invisible hand of the market, Adam Smith explained in The Wealth of Nations,
where individuals, pursuing their individual interests successes achieved
collectively. This doctrine, applied by classical economic theories assumes the
policy of laissez faire, where the state should refrain from intervening in
economic activity.

Mandeville offers another classic example of this vision with its famous Fable of
the Bees, where private vices, public virtues are obtained. This view assumes that
the pursuit of individual interest reported collective profits.

The liberal doctrine of abstention State had its replica historically in the social
state, where the state does intervene in the economy, protecting some economic
and social rights of individuals. However, the current debates on the crisis of the
welfare state, has revitalized the economic core of liberalism, with neoliberal
proposals.

The political core of liberalism is linked to the notion of the rule of law. Power is
subject to limits, it is regulated by law and protect its rights. There is historically
relevant bills of rights, which argue against the model of the Ancient regime,
stating that citizens had rights. This is acharacteristic of this moral core: the
separation of powers -the 'checks and balances' in the exercise of power, the
principle of legality-the government by laws, not by men and respect for
individual rights.

2. b) Marxism

In the context of the Industrial Revolution of the nineteenth century, Marx's work
emerges. Their visions are facing liberalism and capitalism and promotes an
alternative. It is relevant to the analysis of social institutions of his time and that
brings new analytical instruments to defend their thesis. As Sabine says,
"considered as social philosophy, Marxism depends on the meaning and validity
of the main thesis of Marx: the assessment of economic production in a society
determines its institutional and ideological superstructure" (Sabine, 2006, 365).

This main thesis is developed in two related concepts as historical materialism

and economic determinism. From this perspective Sotelo says that the historical
materialism "that from 1844 develops Marx, sets the mode of production, with a
corresponding social structure, the base "on which the cognitive, social and

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political structure would rise. No matter how complex the dialectic between
"economic base" and ideological "superstructures" can be, legal and political, no
doubt for Marx the ultimate secret of history is revealed in the "base" mode of
production and relations of production "(Sotelo, 2006, 86).

Economic determinism could be explained, according to Sabine, in terms of "its

mode of production, at a given moment, explains its political situation and all its
cultural situation at that time and changes in the production system explain the
corresponding changes that occur in its politics and culture "(Sabine, 2006, 568).
Taibo says "the set of relations of production constitutes the economic structure
of society, the real foundation on which arises a legal and political superstructure
rises (...) The mode of production of material life conditions in overall, the social,
political and spiritual processes of life "(Taibo, 2003, 85).

It is known that Marx believed that religion is "the opium of the people" is part of
the superstructure, and lull the proletariat into a false consciousness. According
to Sabine, materialism means for Marx and Marxists, anti religious secularism
regarded as the necessary precondition of any effective social reform (Sabine,
2006, 567).

It is significant to notethat concepts such as human rights or democracy are also

rejected by Marx belong to the superstructure. As Cropsey says, "for Marx, the
assertion of such rights is the source and certainly the expression of the
dehumanization of man" (Cropsey, 1993, 759).

A significant element in Marx's view is that the class struggle is the motor of
history. Modes of production determine the existence of social classes, in their
time, they were the bourgeois and proletarians. The proletariat must leave false
consciousness, organize and fight for a communist society. As Taibo says, Marx
advocated "the need for a" vanguard "to lead the" proletariat "completely alien to
anarchist thought vision. Faced with the social democratic vision, Marx argues,
finally, that makes no sense any project to conquer the state from within it: the
revolutionary process must bet, from the outset, by the dissolution of the State
"(Taibo, 2003 , 87).

In The Communist Manifesto, wherein he wrote with Engels, Marx advocated

the communist society that should be governed according to the principle: "From
each as ability, to each according to his need." It's one of the few specifications

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that made Marx how it should be a communist society in his work. His work is
an analysis of nineteenth-century capitalism, but its political theory of society
that should be is an open task. As MacIntyre says, Marx "is not explicit about the
nature of the transition from capitalism to communism. So we were in
uncertainty about how Marx believed possible that a barrage of moral
individualism errors society can come to realize them and transcend them
"(MacIntyre, 1998, 207).

2. d) Social Democracy

The history of the labour movement had one of its key points in the development
of social democracy. The dilemma was established reform or revolution? There
are a number of authors and parties that follow the path of reform, that is, they
accept the rule of law and democracy, defending ideas of social change. Some of
these authors are Ferdinand Lassalle (1825-1864), Eduard Bernstein (1850-1932),
Karl Kautsky (1854-1938).

Social Democracy, explains Ruiz Miguel, defended the democratic organization

of the national state to accept specific reforms such as universal suffrage, popular
militia, compulsory education or restricting the work of women and children,
and more generally, tended to a social equal distribution of political and
economic power (Miguel Ruiz, 1992, 214).

Social democracy, Taibo said, is based on the claim of a political order that
accepts the principles inherent to the rule of law and rejects any parallel process
of political, economic or social transformation, not settled in democratic formulas
(Taibo, 2003, 88- 89).

From an economic point of view, social democracy defends the welfare state in
which the state intervenes in the economy, to ensure some economic and social
rights of citizens. Taibo explains "the postulation of a" mixed economy "in which
are felt equally the effects of state intervention and a market economy whose
strength is respected" (Taibo, 2003, 89).

One of the successes of the labour movement was the elimination of census
suffrage which restricted voting economic- reasons and achieving universal
suffrage. It is interesting to analyze the relationship between the universal
suffrage and the achievement of the achievements of the welfare state. As Miguel

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Ruiz says, Bernstein advocated without doubt the best universal suffrage as the
best instrument of the Social Democratic Party against the "political atavism" of
the doctrinaire defense of the dictatorship of the proletariat (Miguel Ruiz, 1992,
233).

It is important within the social democratic visions, for there to bea position that
defends a middle way between socialism and liberalism. Rather, it seeks to make
a coherent and conciliatory interpretation of the principles of both views. This
liberal socialism, had its antecedent in Stuart Mill and has been claimed by
Bobbio. As Berstein said "there is not a liberal idea that does not also belong to
the ideal content of socialism" (Ruiz Miguel, 1992, 246).

Social democracy assumes liberal principles that characterise the rule of law. As
holds Peces-Barba "in building socialism, freedom would result in the
assumption of the rule of law, fundamental rights and the limitation of power,
liberal conquests and achieve their full meaning" (Peces-Barba, 1978 , 160).

This liberal socialism defends democratic institutions and emerges from some of
the Marxist thesis. In this sense, Peces-Barba says "from this integration between
progressive liberalism and socialism reformist political and legal problems must
discard a series of theses that have become hindrances:

1. Suspension of the thesis derived from a mechanistic interpretation of Marxism

determining the institutional superstructure, law, culture, values system, etc. by
the infrastructure of the productive forces.
2. Overcoming the thesis of the progressive disappearance of law and the state.
3. Reform of the principles and criteria of organization of socialist thought to
make them compatible and can be based on the principles of representative
parliamentary state, adapted to the attainment of socialism (Peces-Barba, 2010,
244-245).

In Spain, who have shared this view have been Fernando de los Rios, Julian
Besteiro, Elias Diaz, Gregorio Peces-Barba and Virgilio Zapatero.

2. f) Fascismo

The history of the twentieth century to be explained by mentioning the

emergence of fascism as an ideology which also had an influence on historical

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events that led to World War II. This ideology presents some characteristic
profiles. Thus, Melon argues that all fascism is anti-Marxist, anti-liberal, ultra-
nationalist, social Darwinist, ultraelitist and totalitarian (Melon, 2006, 229-230).

In his work rule of law and democratic society, Elias Diaz analyzes the
characteristics of fascism, in these terms:

a) Break with the liberal state and defense of the totalitarian state.
b) Totalitarianism involves the use and the exaltation of violence and terror, as a
control system, as well as dissenting minorities of all kinds (and, of course, also
of individuals who criticize or face the system). War-mongering, militarism, etc.
c) The fascist ideology set a theory of society transpersonalist organic character
and where the individual disappears absorbed into the greater whole that is the
State's Office.
d) The philosophy and culture of fascism constitute an explicit defense of
irrationalist philosophies irrational not to show the reality, but to exalt and
glorify the irrational. (..) The political irrationalism leads logically to the
implementation of arbitrariness and terror.
e) The fascist totalitarianism, is not understood but its intimate and profound
connection with capitalism is discovered. Hence also their total opposition to
socialism and communism.
f) anti-democratic character of fascist ideology. It is inspired by an aristocratic,
elitist conception of society and history "(Diaz, 1975, 48-52).

There are some alternative values that promote fascism, which would generate
profound questions about the concept of man, the role of society, leading to mass
ratio. In this sense, Melon exposes some principles of fascism will, discipline,
subordination of individual to collective interests, ultra-nationalism lived as an
exalting secular religion, sacrifice without limits, preparation for war, acceptance
of the social hierarchies, acceptance of capitalism, the attempt to prioritise
politics over economics, from a ruling elite that harmonises, in terms of the best
interests of the community, all social energies (Melon, 2006.223 to 224) .

It is important that fascism was set Jan exercise of power as a totalitarian state.
Goodwin puts forward a definition of totalitarian state when he says that is "a
system in which they exercise, unrestricted and centralized elitist movement,
technologically advanced instruments of political power leaderships to carry out
a complete social revolution, including the conditioning of man, according to an

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arbitrary ideology proclaimed by the leadership in an atmosphere of coercive

unanimity of the whole population "(Goodwin, 1997, 207). A totalitarian state is
constituted by:

1.-An official ideology that includes a vision of the ideal state, a belief that is
compulsory for citizens. Heterodoxy is punished
2. A single, bureaucratic and hierarchical party, led usually by one man.
3. A terrorist police.
4. A communications monopoly.
5. A monopoly of arms.
6. A centralized economy (Goodwin, 1997, 208).

According to Goodwin, these are common characteristics Nazi Germany, Russia

under Stalin, the Communist countries of Eastern Europe and Mussolini's Italy
(Goodwin, 1997, 208). The era of extreme -Hobsbawm- twentieth century history
would mean, therefore, that two opposite forms of totalitarianism, communism
and fascism have occurred

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