The phenomenon of political authority: an analysis of selected issues pertaining to its nature and limits

Thesis

In what way must people interact for the phenomenon, as opposed to the concept, of political authority to exist? What are the factual and normative conditions that must be satisfied for rule over others to be political and authoritative? In this thesis, I argue that answering these questions is essential to understanding the nature of the phenomenon of political authority and is analytically prior to any questions about the scope of its exercise and content of its justification. I argue that only when a plurality of persons—as members of a community—exchange conflicting (or incompatible) reasons for action, for the sake of determining how their actions should be regulated, with their conflicting proposals for action then finally resolved through a process of deliberation and decision, can the phenomenon of political authority in fact exist. My account of these factual and normative conditions means that the nature or form of political authority is characterised by practical conflict, deliberation, decision and action. Further, my account of political authority, which I model on an analysis of the nature of 'self-authorship', means that political authority can exist only when it is accompanied by a plurality of autonomous persons. If my account is right, it has implications for two of Joseph Raz's claims about the exercise and justification of political authority. First, legal systems qua political authorities do not by nature claim comprehensive authority. Second, for the 'normal justification thesis' to be logically tenable, it must be qualified so that political authority is justified only if its exercise is consistent with the autonomy and equality of its subjects. I conclude with a consideration of why I differ from Raz on these issues, suggesting that the reason for this disagreement is that we have different understandings of the nature of politics.

Authors: Kruger, M

• DOI: 10.5287/ora-bprzvo6ok
• Type of award: MPhil
• Level of award: Masters
• Awarding institution: University of Oxford
• Language: English
• Keywords: Raz; Self-authorship; Nature; Normal justification thesis; Authority; Limits; Form; Comprehensive
• Subjects: Legal theory; Political science; Jurisprudence; Legal philosophy