Challenging the State’s Claim to Authority

Abstract The state’s authority involves elements of legitimacy and power. A rich body of literature addresses the former, de jure aspect of authority. This article explores the latter, de facto aspect, and its relationship to de jure . We argue that to buttress the extensive normative claims that de jure authority poses, de facto authority demands enormous political power. This is the power to rule. This power is so great that the state cannot demonstrate having it. Hence, it merely claims to rule. In turn, other actors can challenge this claim. To reassert its claim to rule—and its authority—in light of a challenge, the state must respond. We analyze each element of this model—claiming, challenging, and responding—using real-life examples. Doing so, we illuminate the relationship between the two aspects of authority. We also suggest that authority is a more dynamic phenomenon than is currently understood.

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Publication Details

Journal
Law and Philosophy
Published
2025-05-19
DOI
https://doi.org/10.1007/s10982-025-09527-6
Primary Topic
American Constitutional Law and Politics
Type
article
Field-Weighted Citation Impact
0.00

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article

Challenging the State’s Claim to Authority

Meir H. Yarom, Tsebee Asor Kenneth
Law and Philosophy
American Constitutional Law and Politics
article

Challenging the State’s Claim to Authority

Meir H. Yarom, Tsebee Asor Kenneth
article en

Abstract

Abstract The state’s authority involves elements of legitimacy and power. A rich body of literature addresses the former, de jure aspect of authority. This article explores the latter, de facto aspect, and its relationship to de jure . We argue that to buttress the extensive normative claims that de jure authority poses, de facto authority demands enormous political power. This is the power to rule. This power is so great that the state cannot demonstrate having it. Hence, it merely claims to rule. In turn, other actors can challenge this claim. To reassert its claim to rule—and its authority—in light of a challenge, the state must respond. We analyze each element of this model—claiming, challenging, and responding—using real-life examples. Doing so, we illuminate the relationship between the two aspects of authority. We also suggest that authority is a more dynamic phenomenon than is currently understood.

Law and PhilosophyVol. 44(4)
University of Southern California (US), Tel Aviv University (IL)
University of Southern California, University of Cambridge
Peace, Justice and strong institutions
Openalex Percentile: Top 87%
American Constitutional Law and Politics
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