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The Quest for the State Legitimacy: Between the State Authority and Citizens' Rights

Publikace na Matematicko-fyzikální fakulta, Fakulta sociálních věd |
2016

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

The aim of the paper is to explore in which situations the state can exercise political power over its citizens. The art is to find the fine line between citizens' rights and the state coercion.

I believe that the best way to present an answer on this issue is to list the principles when state coercion might be justified therefore I examine eight following principles: The Harm Principle, The Offense Principle, Legal Moralism, Legal Paternalism, The Collective Benefits Principle, The Justice Principle, The Need Principle, The Sufficiency Principle. While I undoubtedly defend liberal principles, I argue that Legal Paternalism and The Justice Principle can be adopted only in specific situations.

Finally, I suggest that The Need Principle and The Justice Principle cannot be used as justification of one's freedom but they might be translated and expanded into The Sufficiency Principle.