Legitimacy and legality - a dance with two leg(s)
We are currently in a very volatile phase of politics. The whole conversation has shifted very much to the right, we just have to look at the nationalist populist politicians in Europe that are, or have a good chance being, in power - Viktor Orban, Marine Le Pen, Geert Wilders, Norbert Hofer to name just a few. Than we have Putin in Russia and, as the cherry on top of the capitalist-nationalist cake, now Trump in the US(1).
That’s why, at least in my opinion, it is very important to raise people’s political literacy. It is one of the (stronger) tools we have at out disposal to fight the power back and try to secure a sustainable future, not just for the concept of “us”(2), but for every living being on this planet (yes, even animals). So today, to help us in with such the toxic political environment that corrupts our thoughts, I bring you legitimacy and legality.
In the Encyclopedia Princetoniensis Ian Hurd gives the following definition of legitimacy.
“Legitimacy is a belief, held by individuals, about the rightfulness of a rule or ruler.”(3)
It’s one of the simpler and more accurate definitions I’ve come around and it conveys the point in a precise manner. Now that we have tackled the definition of legitimacy, time to do the same with legality. The Oxford(4) and Cambridge(5) online dictionaries give almost and identical definition.
“The quality or state of being in accordance with the law.”
Something that is legal isn’t necessarily legitimate, as well as legitimate action are not always legal. To put it all into context here are some examples.
Legal and legitimate
It’s the festival of democracy! Today’s election had a fantastic turnout of 71 percent, with one candidate that has and will commit crimes against humanity taking 67 percent on the vote, while the other criminal candidate took only 29 percent. Three percent of voters voted for a third option that has not (at least not yet) indulged in criminal behavior, while one percent of votes didn’t count out of various reasons.
We can safely say that the winner of the elections in this case is legitimate (a turnout of more than 50 percent, with a clear majority of votes) and legal (no breaches to the legal system were made, by low the winner of the elections comes into power.
Legal and illegitimate
The government want’s to build a new oil pipeline. The project is strongly disputed in the public because of the environmental effects it will have. Although there are no polls to say how many people are against the pipeline, you can get a sense that it’s a majority from the media.
Organizers that are fighting the pipeline organize a referendum and the a vast majority votes against the pipeline project. Since the referendum was not obligatory6 for the government, they decide to ignore it’s results. Laws or directives are made to legalize the project, but it can (and should) be considered as an illegitimate move since the majority of constituents clearly expressed they are against the pipeline.
Illegal and legitimate
Antifascism in most of Europe during WWII. In the eyes of fascist regimes antifascists are terrorist and they are put outside the law, hunted down, tortured and killed. Even so, antifascism is and was a legitimate movement, liberating people, fighting oppression and occupying forces, supported by the people.
Illegal and illegitimate
Pinochet’s 1973 coup in Chile. Supported by a foreign power, against popular will and public support for Salvador Allende, Pinochet ousted the democratically elected president, bringing a violent autocratic rule in which many lost their lives.
Both of these terms are, of course, much more complicated and layered than presented here. If you have any thoughts on legality and legitimacy, please feel free to share them in the comments.
1 – Say what you may about them, but there is no question that both are reactionary nationalist
2 – In contrast to the notion of “others” that are often given barbaric and non-civilized characteristics
3 - http://pesd.princeton.edu/?q=node/255
4 - https://en.oxforddictionaries.com/definition/legality
5 - https://dictionary.cambridge.org/us/dictionary/english/legality
6 – There are two types of referendums, obligatory and non-obligatory. Laws regulating referendum vary significantly depending on the nation-state
I think all of us have the same problem with our leaders of today. President Duterte had killed people without due process even before he won the election. Sixteen million catholics have voted on him because of his promises that he did not accomplish. The anti- drug war which killed many innocent children in the Philippines while letting go of the drug lord, plunderer ex-president, and supporting the National Police who were behind the death of a witness. He's much of a liar, disrespectful exactly the opposite of former President Aquino. I did not vote on him though.
I agree that all of us have the same problem with our leaders, no accountability, widespread institutionalized corruption (lobbying for example), forcing neoliberal economic policies and fighting crime mostly by letting the higher-ups walk free while incarcerating low-level criminals that often don’t have much choice than to turn to crime as a means of living. I’ve read about Duterte and what he is doing and there are no words to express the horrors he is responsible for.
Thank you for upvoting, resteeming and commenting, hope to catch you again on steemit!
upvoted and resteemed