Abstract
Philosophical anarchists claim that all states lack political authority and are illegitimate, but that some states are nevertheless morally justified and should not be abolished. I argue that philosophical anarchism is either incoherent or collapses into either statism or political anarchism.
Similar content being viewed by others
Change history
09 March 2020
A Correction to this paper has been published: https://doi.org/10.1007/s10982-020-09381-8
Notes
The power to impose duties is not what is sometimes called a ‘side-effect power’, of course, but a power that creates content-independent reasons for action.
Joseph Raz argues that states have different degrees of authority over different citizens (1986: 73–74, 100, 103).
Wolff 1970, p. 18.
Adams 2018.
Simmons 1999, p. 125.
Simmons discusses (and rejects) a slightly different version of philosophical anarchism, according to which people have an obligation to oppose illegitimate states, but a very weak one that is easily overridden in states that are justifiable or act justifiably (1996, pp. 109, 111–112).
Simmons 2005, p. 192.
Simmons 1999, p. 156.
Simmons 1987, p. 278.
Simmons 1987, p. 278.
Simmons 1999, pp. 137–139.
Green 1988, pp. 255–263.
Buchanan 2002, p. 697.
Simmons 1979, pp. 199–200.
Green 1988, p. 239.
Senor 1987, pp. 263–264.
Wellman 2005, p. 27.
Of course we end up with political anarchism only if states really do not have political authority: The battle is between the first version of statism and political anarchism, if the moral worries about states without political authority are very serious. If the moral worries about states without political authority are not that serious, then all is fine with the second version of statism (according to which states do not need political authority to count as legitimate).
I thank Bas van der Vossen for suggesting this.
These spheres are not identical with the distinction between deontological versus consequentialist reasoning. Moral worries about agents may have to do with the consequences such agents tend to bring about; moral worries about actions may have to do with deontic principles.
Simmons 1999, p. 130.
I thank Tim Henning for suggesting this.
Simmons 1996, p. 103.
For helpful comments and discussions, I thank audiences at Chapman University and the University of Stuttgart as well as Nate Adams, Matthias Brinkmann, Bas van der Vossen, Federico Zuolo, and several anonymous reviewers.
References
Adams, N. P. 2018, ‘Institutional Legitimacy’, Journal of Political Philosophy, vol. 26, pp. 84–102.
Applbaum, Arthur I. 2010, ‘Legitimacy without the Duty to Obey’, Philosophy & Public Affairs, vol. 38, pp. 215–39.
Buchanan, Allen 2002, ‘Political Legitimacy and Democracy’, Ethics, vol. 112, pp. 689–719.
Copp, David 1999, ‘The Idea of a Legitimate State’, Philosophy & Public Affairs, vol. 28, pp. 3–45.
Edmundson, William A. 1998, Three Anarchical Fallacies (Cambridge: Cambridge University Press).
Enoch, David 2002, ‘A Right to Violate One’s Duty’, Law and Philosophy 21: 355-84.
Enoch, David 2014, ‘Authority and Reason-Giving’, Philosophy and Phenomenological Research, vol. 96, pp. 296–332.
Garthoff, Jon 2010, ‘Legitimacy Is Not Authority’, Law and Philosophy 29: 669–94.
Green, Leslie 1988, The Authority of the State (Oxford: Oxford University Press).
Ladenson, Robert 1980, ‘In Defense of a Hobbesian Conception of Law’, Philosophy & Public Affairs, vol. 9, pp. 134–59.
Morris, Christopher 1998, An Essay on the Modern State (Cambridge: Cambridge University Press).
Morris, Christopher 2005, ‘Natural Rights and Political Legitimacy’, Social Philosophy and Policy, vol. 22, pp. 314–29.
Perry, Stephen 2005, ‘Law and Obligation’, American Journal of Jurisprudence, vol. 50, pp. 263–95.
Raz, Joseph 1979, The Authority of Law (Oxford: Oxford University Press).
Raz, Joseph 1986, The Morality of Freedom (Oxford: Clarendon Press).
Sartorius, Rolf 1981, ‘Political Authority and Political Obligation’, Virginia Law Review, vol. 67, pp. 3–17.
Senor, Thomas D. 1987, ‘What if there are no Political Obligations? A Reply to A. J. Simmons’, Philosophy & Public Affairs, vol. 16, pp. 260–8.
Simmons, A. John 1979, Moral Principles and Political Obligations (Princeton: Princeton University Press).
Simmons, A. John 1987, ‘The Anarchist Position: A Reply to Klosko and Senor’, Philosophy & Public Affairs, vol. 16, pp. 269–79.
Simmons, A. John 1993, On the Edge of Anarchy (Princeton: Princeton University Press).
Simmons, A. John 1996/2001, ‘Philosophical Anarchism’, in Justification and Legitimacy (Cambridge: Cambridge University Press), pp. 102–21.
Simmons, A. John 1999/2001, ‘Justification and Legitimacy’, in Justification and Legitimacy (Cambridge: Cambridge University Press), pp. 122–57.
Simmons, A. John 2005, The Duty to Obey and Our Natural Moral Duties, in C. H. Wellman and A. J. Simmons (eds.), Is There a Duty to Obey the Law? (Cambridge: Cambridge University Press), pp. 93–196.
Simmons, A. John 2016, Boundaries of Authority (Oxford: Oxford University Press).
Smith, M. B. E. 1973, ‘Is there a Prima Facie Obligation to Obey the Law?’ Yale Law Journal, vol. 82, pp. 950–76.
Waldron, Jeremy 1981, ‘A Right to Do Wrong’, Ethics, vol. 92, pp. 21–39.
Wellman, Christopher H. 1996, ‘Liberalism, Samaritanism, and Political Legitimacy’, Philosophy & Public Affairs, vol. 25, pp. 211–37.
Wellman, Christopher H. 2005, ‘Samaritanism and the Duty to Obey the Law’, in C. H. Wellman and A. J. Simmons (eds.), Is There a Duty to Obey the Law? (Cambridge: Cambridge University Press), pp. 1–89.
Wendt, Fabian 2015, ‘Justice and Political Authority in Left-Libertarianism’, Politics, Philosophy & Economics, vol. 14, pp. 316–39.
Wendt, Fabian 2018, Authority (Cambridge: Polity Press).
Windeknecht, Ryan G. 2012, ‘Law Without Legitimacy or Justification? The Flawed Foundations of Philosophical Anarchism’, Res Publica, vol. 18, pp. 173–88.
Wolff, Robert P. 1970, In Defense of Anarchism (New York: Harper & Row).
Zhu, Jiafeng 2017, ‘Farewell to Political Obligation: In Defense of a Permissive Conception of Legitimacy’, Pacific Philosophical Quarterly, vol. 98, pp. 449–69.
Author information
Authors and Affiliations
Corresponding author
Additional information
Publisher's Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Rights and permissions
About this article
Cite this article
Wendt, F. Against Philosophical Anarchism. Law and Philos 39, 527–544 (2020). https://doi.org/10.1007/s10982-020-09377-4
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10982-020-09377-4