Beware the “Normative Void”: Revisiting Max Weber’s Conception of State Legitimacy

Abstract

Max Weber’s definition of the state is steadily considered as a theoretical key-tool for analyzing and assessing statehood and state legitimacy. At the same time, as it is well known and debated in the literature, Weber radically abstains from normative reasoning in regard to state, law, and politics. In the present paper, I aim to revisit Weber’s normative deficit, arguing that it renders the explanatory power of his state and state legitimacy theory either useful but trivial, either structurally unimportant. The above is explained by reference to modern-day public issues and debates (such as “privatization of security forces” and “failed states”). I advocate precisely for a theory of substantive legitimacy, drawn upon the classical politicalphilosophy framework, from which Weber departs.