State Legitimacy and Self-defence

Law and Philosophy 30 (5):575-601 (2011)

Abstract

In this paper I outline a theory of legitimacy that grounds the state’s right to rule on a natural duty not to harm others. I argue that by refusing to enter the state, anarchists expose those living next to them to the dangers of the state of nature, thereby posing an unjust threat. Since we have a duty not to pose unjust threats to others, anarchists have a duty to leave the state of nature and enter the state. This duty correlates to a claim-right possessed by those living next to them, who also have a right to act in self-defence to enforce this obligation. This argument, if successful, would be particularly attractive, as it provides an account of state legitimacy without importing any normative premises that libertarians would reject.

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References found in this work

Are There Any Natural Rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
Self-Defense.Judith Jarvis Thomson - 1991 - Philosophy and Public Affairs 20 (4):283-310.
Legal Obligation and the Duty of Fair Play.John Rawls - 1964 - In Sidney Hook (ed.), Law and Philosophy. New York University Press.
Killing the Innocent in Self-Defense.Michael Otsuka - 1994 - Philosophy and Public Affairs 23 (1):74-94.
The Basis of Moral Liability to Defensive Killing.Jeff McMahan - 2005 - Philosophical Issues 15 (1):386–405.

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