The Principle of the Separation of Powers by Balázs Zoltán;

Author:Balázs, Zoltán;
Language: eng
Format: epub
Publisher: Lexington Books/Fortress Academic

Figure 4.1 The Conceptual Map of Order and Power. Source: Created by the author.43

Notes

1. Möllers makes a brief reference to the notion of power but without any serious reflection on it, he dismisses it as underdetermined, writing that “[i]t evades a more accurate description of the factors at work” (The Three Branches, 80).

2. Hannah Arendt, On Violence (New York: Harcourt, Brace and World, 1970).

3. Michel Foucault, Power/Knowledge—Selected Interviews and Other Writings, ed. Colin Gordon (Brighton: Harvester, 1980).

4. Weber, Economy and Society.

5. Talcott Parsons, “On the concept of power.” Proceedings of the American Philosophical Society 107 (1963): 232–62.

6. Niklas Luhmann, Macht (Stuttgart: F. Enke Verlag, 1998).

7. James H. Read, “Is power zero-sum or variable-sum? Old arguments and new beginnings.” Journal of Political Power 1 (2012): 5–31.

8. John C. Harsanyi, “Measurement of Social Power, Opportunity Costs and the Theory of Two-Person Bargaining Games.” Behavioral Science 7 (1962): 67–80 and Brian Barry, “Power: An Economic Analysis.” in Power and political theory—some European perspectives, ed. Brian Barry (London, New York: Wiley, 1976), 67–101.

9. Keith Dowding, “Resources, power and systematic luck: A response to Barry,” Politics, Philosophy and Economics 2 (2003): 305–22.

10. Dahl, Power as the Control of Behavior; Steven Lukes, Power: A Radical View (London: Macmillan Press, 1974).

11. Andrew C. Schotter, The Economic Theory of Social Institutions (Cambridge: Cambridge University Press, 1981); Gauthier, Morals by Agreement.

12. Gauthier advanced an interpretation of Hobbes where the right of protection conceived as a fairly broad autonomy to advance individual interests is reconcilable with the Leviathan’s sovereignty: “Hobbes must espouse an alienation social contract theory in order to defend absolute, permanent sovereignty. If the subjects merely loan their rights to the sovereign, then he is assured neither absolute nor permanent power. But an alienation social contract theory is not therefore incompatible with limited sovereignty. Indeed, if persons have the capacity to alienate certain of their rights in order better of further their interests by undertaking overriding commitments, then internal, moral restraints ... will do much of the work Hobbes assigns to external, political constraints” (Morals by Agreement, 151).

13. “The Hobbesian state of nature is, after all, plainly and self-evidently replete with social interactions.” Peter T. Steinberger, “Hobbes, Rousseau and the Modern Conception of the State.” The Journal of Politics 3 (2008): 596.

14. The idea of power being positively linked with freedom is a central theme of Philip Pettit’s republicanism. His key term is “antipower.” He identifies it with freedom in the positive sense, distinguishing it from the mere non-interventionalist (negative) concept of freedom while steering clear from any conception of positive freedom. Antipower is power, that is, a means to resist others’ will. Since Pettit’s argument is clearly normative from the first step and is moved by a worry about powerless people and groups, he does not really note that what he calls antipower is massively present in modern society anyway. Whether it should be further promoted, especially by laws and governments, is another question. See Philip Pettit, “Freedom as Antipower,” Ethics (April 1996): 576–604.

15. Such views of the harm principle usually work with the more robust or thick concept of autonomy (see Raz 1986, Ch.

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