Renzo, Massimo (2011) State legitimacy and self-defence. Law and Philosophy, Vol.30 (No.5). pp. 575-601. doi:10.1007/s10982-011-9105-2

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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.

Item Type:	Journal Article
Subjects:	J Political Science > JC Political theory K Law > KZ Law of Nations
Divisions:	Faculty of Social Sciences > Philosophy
Library of Congress Subject Headings (LCSH):	Legitimacy of governments, Self-defense (International law)
Journal or Publication Title:	Law and Philosophy
Publisher:	Springer
ISSN:	0167-5249
Official Date:	September 2011
Dates:	Date Event September 2011 Published
Volume:	Vol.30
Number:	No.5
Page Range:	pp. 575-601
DOI:	10.1007/s10982-011-9105-2
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access

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