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5                          Legitimation



                                    Problems



                                    in  the  Modern  State



         This  paper  was  presented  at  a  meeting  of  the  Deutsche  Vereinigung  fir
         Politische  Wissenschraft  in  October  of  1974.  Remarks  referring  to  or
         based  on  the  occasion  have  been  omitted.

         To  know  whereof  one  speaks  is  always  beneficial;  this  is  especially
         true  when  dealing  with  the  problem  of  legitimacy.  ...  After  (1)
         making  a  few  conceptual  distinctions,  I  would  like  (2)  to  ex-
         amine  the  principle  of  legitimacy  in  modern  times.  I  shall  then
         show  (3)  how  the  modern  problem  of  legitimacy  arises  from
         structures  of  the  bourgeois  state  and  (4)  how  the  problem  shifts
         in  developed  capitalist  states.  In  the  final  section  I  shall  (5)  ex-
         amine  several  concepts  of  legitimation  with  the  aim  of  justifying
         the  reconstructive  concept  used  here.



                                        I
         Legitimacy  means  that  there  are  good  arguments  for  a  political
         order’s  claim  to  be  recognized  as  right  and  just;  a  legitimate  order
         deserves  recognition.  Legitimacy  means  a  political  order’s  worthi-
         ness  to  be  recognized.  This  definition  highlights  the  fact  that
         legitimacy  is  a  contestable  validity  claim;  the  stability  of  the  order
         of  domination  (also)  depends  on  its  (at  least)  de  facto  recogni-
         tion.  Thus,  historically  as  well  as  analytically,  the  concept  is  used
         above  all  in  situations  in  which  the  legitimacy  of  an  order  is
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