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How do we determine the legal legitimacy of a law?

How do we determine the legal legitimacy of a law?

Legality refers to what fits within the law and is compliant with a legal framework. It limits us and determines what we can and cannot do according to the law. Legitimacy, however, involves following a correct, fair, genuine, moral and ethical path.

What is legitimacy in constitutional law?

Constitutional legitimacy is a virtue rooted in a system of belief: the acceptance that an exercise in power is justified and therefore authorized, either implicitly or explicitly, by society at large. This is in contrast to conventional lawmaking, where legal legitimacy is presumed.

What Thomas Hobbes philosophy about law?

In his magnum opus, Leviathan (1651), he wrote that “law in general, is not counsel, but command” and that civil (i.e., positive) laws are “those rules which the common-wealth hath commanded…by word, writing, or other sufficient sign of the will” that certain actions are to be done or not done.

What is the difference between legit and legal?

Legal is an adjective that describes something or someone as having to do with or being permitted by the law or system of laws in a country or organization. Legit is slang for legitimate, which is in turn a synonym for legal.

What makes a government legitimate?

In political science, legitimacy usually is understood as the popular acceptance and recognition by the public of the authority of a governing régime, whereby authority has political power through consent and mutual understandings, not coercion.

What is legitimacy and examples?

Legitimacy is defined as the lawfulness or authenticity of something, or refers to the status of a child being born to married parents. When a child is born to a mother and father who are married, this is an example of legitimacy.

Did Thomas Hobbes believe in positive law?

Can you have authority without legitimacy?

Power is an entity’s or individual’s ability to control or direct others, while authority is influence that is predicated on perceived legitimacy. Consequently, power is necessary for authority, but it is possible to have power without authority. In other words, power is necessary but not sufficient for authority.

Can you have legitimacy not authority?

In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a regime. Whereas authority denotes a specific position in an established government, the term legitimacy denotes a system of government—wherein government denotes “sphere of influence”.

What are the forms of legitimizing government?

The three types of political legitimacy described by German sociologist Max Weber are traditional, charismatic, and rational-legal: Traditional legitimacy derives from societal custom and habit that emphasize the history of the authority of tradition.

What is legitimacy simple words?

Legitimacy is commonly defined in political science and sociology as the belief that a rule, institution, or leader has the right to govern. It is a judgment by an individual about the rightfulness of a hierarchy between rule or ruler and its subject and about the subordinate’s obligations toward the rule or ruler.

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