POWER, LAW, AUTHORITY and LEGITIMACY
POWER,
LAW, AUTHORITY and LEGITIMACY
Theoretical
Debates and Key Studies
Modern
Perspectives: Sahlins and Bourdieu
Foucault's
Influence on Power Discourses
Conclusion:
Variability and No Grand Theory
Concepts
of Law in Anthropology
1.
Evolutionary Theories of Law
2.
Institutional vs. Functional Definitions
3.
Dispute Resolution & Processual Paradigms
4.
Legal Pluralism & Infrastructural Assemblages
6.
Culture & Indigenous Normativity
Historical
Trajectories and Western Biases
Cultural
Conceptions of Authority
Dynamics
of Authority: Exchange, Interaction, and Institutional Formations
Contemporary
Approaches: Sahlins, Bourdieu, and Foucault
Sources
and Manifestations of Legitimacy
Beyond
Weber, anthropological research has highlighted other crucial sources of
legitimacy:
Contestation
and Crisis of Legitimacy
Anthropology of POWER
(shorter version: for longer article click here: https://sumananthromaterials.blogspot.com/2011/09/anthropology-of-power.html)
Anthropological understandings of power have historically been shaped by a Western-centric viewpoint, often viewing non-Western power systems as deviations
from Western industrial models. This bias is rooted in the early
anthropologists' context of Western imperial dominance and their focus on the
"problem of order" as conceptualized by Thomas Hobbes. Early studies,
such as EVANS-PRITCHARD's work on the Nuer, aimed to demonstrate how kinship and other social
processes could maintain order even
in "stateless societies," implying that state forms were contingent
on historical conditions like invasion or colonial conquest. This perspective
was further explored in his study of the Sanusi of Cyrenaica.
Challenging Western Biases
However,
scholars like Pierre Clastres challenged this Western state-bias, arguing that
many non-Western power systems actively resist centralized
political structures and the
accumulation of power by individuals, recognizing the destructive potential of
state forms. While Clastres's work itself wasn't entirely free of the bias he
critiqued, it significantly contributed to the anthropological effort to
identify genuine alternatives to centralized state systems in non-Western
contexts, addressing dilemmas raised by Hobbes and subsequent Western political
theorists.
Cultural Conceptions of Power
Despite
this, most anthropological descriptions of political systems and power
processes continue to draw upon Western theoretical models, notably those of
Durkheim, Weber, and Marx. Nevertheless, there's a growing emphasis on
understanding diverse cultural
conceptions of power. For instance,
Dumont's work on Hindu India highlights how power in hierarchical institutions
like kingship and caste is intertwined with religious and ritual principles.
Similarly, Tambiah (for Thailand and Sri Lanka) and Clifford Geertz (for Bali)
argued against applying Western notions of centralized state power to their
respective regions. They proposed that while there might be an ideology of
powerful cosmic centers, actual power often resides with local lords,
legitimized through royal rituals. The recurrent rebellions in such states are
seen as driven by unique ideological and structural dynamics, with power often
perceived as originating from the periphery or externally, a point also noted by Hocart for India
and supported by studies in Africa and the Pacific. These approaches
collectively challenge Western political-economic perspectives, though the
latter remain influential in ethnographic work.
Theoretical Debates and Key
Studies
Anthropological
debate also exists between "exchange," "interactionist," or
"transactionalist" perspectives—which focus on individual and
small-group dynamics—and approaches exploring different institutional power formations. Despite some overlap, both tendencies often seek the
origins and development of power in imbalanced
exchanges and the control and distribution of
material resources. Classic
examples include Fredrik Barth's studies of power alliances among the Swat
Pathans and Edmund Leach's examination of shifts between non-centralized
egalitarian and state-oriented hierarchical political institutions among the
Kachin of Highland Burma. Both Barth and Leach emphasized the role of power
processes in social institutional formation and the construction of value,
significantly influencing anthropology from the 1960s to the present.
Modern Perspectives: Sahlins
and Bourdieu
More recent
perspectives, particularly those of Marshall Sahlins and Pierre Bourdieu, have
gained prominence. Sahlins, through his work in Hawaii and Fiji, explored the cultural forces involved in the interplay and transformation of distinct
cultural power formations. His earlier essay on Nuer lineage organization also
highlighted its role in Nuer expansion. Sahlins's modifications of
structuralist and Marxist approaches contribute to understanding cultural
constructions of power and their influence on practical action.
Bourdieu
offers a more pragmatic, strategic individualist view of power, yet he draws
heavily from Marxism, Weberian processes, and structuralism. His approach
represents an innovative synthesis of modernist theories, aligning with some
poststructuralist or postmodern directions. Bourdieu's concepts of symbolic power and violence have been particularly impactful. Through these, he
investigates the subtle, controlling, and destructive aspects of power embedded
in institutional practices that may appear benign or disconnected from overt state
control. He examines "hidden" power practices in activities not
overtly concerned with domination, distinguishing them from power exercised by
formally powerful agents. Bourdieu's objectives share similarities with
poststructuralists like Foucault.
Foucault's Influence on Power
Discourses
Michel
Foucault has significantly influenced recent anthropological approaches to
power, perhaps more so than other deconstructionist figures. His empirical
works on medical
discourses, human incarceration,
and surveillance have been highly influential in anthropological discussions of
power discourses related to gender and ethnic identity, nationalism, and
colonial practices. Foucault revealed how power operates constitutively and
reconstructively within various discourses or practices that are not formally
part of governmental institutions. For example, he demonstrated how medical and
crime control discourses parallel and integrate into the dynamics of
contemporary political systems. The influence of scholars like Foucault has led
anthropologists to recognize their own discipline as a potential discourse of
powerful domination, evident even in the seemingly innocent fascination with
the exotic, and as Marxist anthropologists previously asserted, in the
application of self-interest or maximization theories akin to market
CAPITALISM.
Conclusion: Variability and No
Grand Theory
In
conclusion, anthropologists have a wide array of approaches to power, and
ethnographic work provides support for many of them. The most valuable
contribution of anthropology to understanding power lies in its detailed ethnographic descriptions, regardless of an individual anthropologist's preferred
theory. These studies have unveiled the immense variability of power formations, especially their cultural specificities, and the
practices that underpin them. To date, no single, overarching theory of power
has proven universally applicable to the diverse systems and practices
documented by anthropologists.
References
1.
Hobbes, Thomas.
1651. Leviathan.
2.
Evans-Pritchard, E.
E. 1940. The Nuer: A Description of the
Modes of Livelihood and Political Institutions of a Nilotic People.
Oxford: Clarendon Press.
3.
Evans-Pritchard, E.
E. 1949. The Sanusi of Cyrenaica.
Oxford: Clarendon Press.
4.
Bourdieu, Pierre.
1977. Outline of a Theory of Practice.
Cambridge: Cambridge University Press.
5.
Clastres, Pierre.
1987. Society Against the State: Essays in Political
Anthropology. New York: Zone Books.
6.
Dumont, Louis. 1970.
Homo Hierarchicus: The Caste System and Its
Implications. Chicago: University of Chicago Press.
7.
Tambiah, Stanley J.
1976. World Conqueror and World Renouncer: A Study of Buddhism and Polity in
Thailand against a Historical Background. Cambridge: Cambridge University
Press.
8.
Geertz,
Clifford. 1980. Negara: The Theatre State in
Nineteenth-Century Bali. Princeton: Princeton University Press.
9.
Barth, Fredrik.
1959a. Political Leadership Among Swat Pathans.
London: Athlone Press.
10.
Leach, Edmund R. 1954. Political Systems of Highland Burma:
A Study of Kachin Social Structure. Cambridge, MA: Harvard University
Press.
11.
Sahlins,
Marshall. 1985. Islands of History.
Chicago: University of Chicago Press.
12.
Sahlins, Marshall. 1961. "The Segmentary Lineage: An
Organization of Predatory Expansion." American Anthropologist 63 (2): 322–345.
13.
Foucault,
Michel. 1973. The Birth of the Clinic: An
Archaeology of Medical Perception. New York: Pantheon Books.
14.
Foucault, Michel.
1965. Madness and Civilization: A History of
Insanity in the Age of Reason. New York: Pantheon Books.
15.
Foucault, Michel.
1977b. Discipline and Punish: The Birth of the Prison.
New York: Pantheon Books.
16.
Foucault, Michel. 1980. Power/Knowledge: Selected Interviews
and Other Writings 1972–1977. Edited by Colin Gordon. New York:
Pantheon
LAW:
Concepts of Law in
Anthropology
In anthropological
discourse, law is broadly considered a body of rules of conduct recognized as
binding by a particular community or state. Nineteenth-century theorists of
social evolution often interpreted law as a marker of civilization. For
example, Sir Henry Maine theorized that as societies transitioned from
kinship-based to territorially-based structures, the nature of law changed
accordingly—from being rooted in status to being governed by contract¹.
Similarly, Émile Durkheim argued that "primitive" societies held
together by mechanical solidarity, where all individuals were largely similar,
employed repressive law to maintain cohesion. In contrast, complex societies,
bound by organic solidarity and characterized by functional interdependence,
adopted restitutive legal systems administered by specialized institutions².
While these evolutionary models were later found to be empirically flawed, they
deeply influenced subsequent anthropological debates on whether all societies
possess law and how it should be defined.
1.
Evolutionary Theories of Law
Early
theorists such as Sir Henry Maine and Émile Durkheim proposed that law evolves
alongside societal complexity: Maine suggested a shift from status-based law in
kinship groups to contract-based law in territorial societies¹. Durkheim
distinguished between mechanical
solidarity in homogeneous
societies—regulated by repressive laws—and organic solidarity
in interdependent societies, which rely on restitutive systems². Though
criticized for oversimplification, these models remain foundational in
questioning the universality of legal systems.
2. Institutional vs. Functional Definitions
Institutional Perspective: Scholars like
Radcliffe‑Brown and Hoebel emphasized coercive authority as the essence of
law—Radcliffe-Brown described law as "social control through the
systematic application of the force of politically organized society"³,
while Hoebel defined it as “the legitimate use of physical coercion by a
socially authorized agent”⁴. Comaroff and Roberts have since critiqued these
views as culturally narrow⁵.
Functionalist Perspective: Inspired by
Malinowski, this view considers law a system of social control—encompassing
reciprocity, moral pressure, and informal sanctions⁶. Critics like Redfield and
S. Moore argued that this broad interpretation risks including non-legal norms
like gossip and ostracism⁷. The debate largely concluded by the late 1960s⁸.
3. Dispute Resolution & Processual Paradigms
Llewellyn & Hoebel made a crucial
distinction among rules as abstract principles, patterns of behavior, and
precedents¹⁰. This inspired a shift toward process-oriented study—promoted by
Nader & Todd—where legal anthropologists explore how disputes are managed,
and rules are negotiated through actual conflicts¹¹. The “processual paradigm”
demonstrates that law is embodied in lived practices, not just in statutes.
4. Legal Pluralism & Infrastructural Assemblages
Legal pluralism refers to the coexistence
of multiple legal frameworks. Bertram Turner’s 2023 ethnography reveals that
infrastructure—specifically Moroccan argan‑oil supply chains—integrates formal,
customary, and technological regulatory norms¹² ¹³. Another ongoing British
Academy project examines how resource conflicts in Central America become
“juridified” through intersecting formal and informal justice mechanisms¹⁴.
5. Legal Form & Materiality
Recent research explores law as a
material and performative phenomenon. For instance, ethnographic studies of UN
food-security forums analyze how legal authority is mediated through physical
space, aesthetics, and ritual¹⁵. This highlights that law operates not only
through text but also via sensory and spatial choreography.
6. Culture & Indigenous Normativity
Anthropologists now often view culture
and law as mutually constitutive. Justin Richland’s Cooperation Without Submission documents how Hopi tribes leverage
Tribal legal traditions to assert nation-to-nation relationships with the U.S.,
without relinquishing sovereignty¹⁶. Similarly, Bacigalupo’s Andean research
demonstrates how non-human landscapes are framed as active legal agents².
7. Emerging Paradigms
·
Experimental Jurisprudence (X‑Jur)
Utilizes empirical methods to study how
people intuitively understand legal concepts like intent and consent¹⁷.
·
STS & Socio-material Legal
Anthropology
Investigates how legal norms emerge from
complex infrastructures—such as AI systems or supply chains¹² ¹⁵.
·
Visual Analytics in Legal Studies
New semiotic tools allow researchers to
visualize legal doctrinal patterns and reveal latent interpretive structures in
large datasets—an area of growing interest, exemplified by Fürst et al.¹⁹.
·
Behavioral Law & Economics
Incorporates psychological insights into
legal design, bringing pragmatic awareness to human behavior’s role in law²⁰.
Full References with URLs
1.
Maine, H. S. (1861). Ancient Law: Its Connection with the Early History
of Society, and Its Relation to Modern Ideas.
London: John Murray.
2.
Durkheim, É. (1933). The Division of Labor in Society. Free Press.
3.
Radcliffe‑Brown, A. R.
(1933). “Law.” In Encyclopaedia of
the Social Sciences, vol. 9, pp. 199–206.
4.
Hoebel, E. A. (1954). The Law of Primitive Man: A Study in Comparative
Legal Dynamics. Harvard University
Press.
5.
Comaroff, J., &
Roberts, S. (1981). Rules and
Processes: The Cultural Logic of Dispute in an African Context. University of Chicago Press.
6.
Malinowski, B. (1926). Crime and Custom in Savage Society. Routledge.
7.
Redfield, R. (1964). The Little Community and Peasant Society and Culture. University of Chicago Press; Moore,
S. F. (1970). “Law and Social Change: The Semi-Autonomous Social Field…” Law & Society Review,
7(4), 719–746.
8.
Nader, L. (1969). “The
ADR Explosion...” University of
Windsor Review, 3(2), 135–150.
9.
Llewellyn, K. N., &
Hoebel, E. A. (1941). The Cheyenne
Way... University of Oklahoma Press.
10. Nader, L., & Todd, H. F. Jr. (Eds.).
(1978). The Disputing Process: Law
in Ten Societies. Columbia University
Press.
11. Comaroff, J., & Roberts, S. (1981). Rules and Processes
(see ref. 5).
12. Turner, B. (2023). “Legal Pluralism in
Infrastructural Designs: Alternative Supply Chains in the Moroccan Argan Oil
Export.” Science, Technology,
& Human Values. Available at: https://journals.sagepub.com/doi/10.1177/01622439211042666
youtube.com+12journals.sagepub.com+12journals.sagepub.com+12academic.oup.com+10en.wikipedia.org+10prairieedge.com+10arxiv.org+3bib.dbvis.de+3ivia.ch+3
13. Turner, B. (2021). “Legal pluralism in
infrastructural designs…” ST&HV. Available via ResearchGate: https://www.researchgate.net/publication/354553508_Legal_Pluralism_in_Infrastructural_Designs
researchgate.net
14. The Juridification of Resource
Conflicts: Legal Cultures, Moralities and Environmental Politics in Central
America. British Academy, 2024. Project webpage: https://www.thebritishacademy.ac.uk/projects/sustainable-development-legal-cultures-moralities-environmental-politics-central-america/
rachelsieder.com+7thebritishacademy.ac.uk+7en.wikipedia.org+7
15. Das Acevedo, D. D. (2023). “What’s Law
Got To Do with It?: Anthropological Engagement with Legal Scholarship.” Law & Social Inquiry,
48(1), 1–13. Available at: https://www.cambridge.org/core/journals/law-and-social-inquiry/article/whats-law-got-to-do-with-it-anthropological-engagement-with-legal-scholarship/8215A2A3FA83F12BF52BE9E0CD06B063
papers.ssrn.com+9cambridge.org+9cambridge.org+9
16. Richland, J. B. (2021). Cooperation Without Submission: Indigenous
Jurisdictions in Native Nation–U.S. Engagements.
University of Chicago Press. Details: https://en.wikipedia.org/wiki/Cooperation_Without_Submission%3A_Indigenous_Jurisdictions_in_Native_Nation–US_Engagements
press.uchicago.edu+10en.wikipedia.org+10escholarship.org+10
17. Tobia, K. (2022). Experimental Jurisprudence,
Chicago Law Review.
18. Wikipedia, Experimental jurisprudence.
19. Fürst, D., El‑Assady, M., Keim, D. A.,
& Fischer, M. T. (2024). “Challenges and Opportunities for Visual Analytics
in Jurisprudence.” arXiv preprint. Available at: https://arxiv.org/abs/2412.06543
ivia.ch+4arxiv.org+4x.com+4
20. Wikipedia,
Behavioral Law and Economics.
AUTHORITY
The concept of authority is a cornerstone
of anthropological inquiry, deeply intertwined with notions of power, social
order, and political organization across diverse human societies.1 Unlike the broader concept of power, which can encompass various
forms of influence and coercion, authority specifically refers to legitimate
power – the right to command or act, and the corresponding obligation to obey.2 This class
material will delve into the anthropological understanding of authority,
exploring its varied manifestations, theoretical interpretations, and the ways
in which it is constructed, maintained, and challenged in different cultural
contexts.
Historical Trajectories and
Western Biases
Historically, anthropological
descriptions of authority, much like power, have suffered from a significant
Western bias. Early anthropological thought, often influenced by the problem of
order as conceptualized by Thomas Hobbes (1651) and the rise of Western
imperialism, tended to view non-Western systems of authority through the lens
of the state.3 This led to a
disproportionate focus on "stateless societies" and the implicit
assumption that the state represented a more advanced or "higher"
form of political organization. E. E. Evans-Pritchard’s classic study of the
Nuer (1940) exemplifies this early focus. He meticulously documented how
kinship and other social processes among the Nuer effectively maintained order
without the need for a centralized state, suggesting that state forms were a
potential, rather than inevitable, outcome given specific historical conditions
such as invasion or colonial conquest. His later work, The Sanusi of Cyrenaica (1949), further elaborated on
these dynamics, influencing subsequent studies of power and authority by
scholars like Bourdieu (1977).
However, this Western-centric view
was not without its critics. Pierre Clastres (1987) vehemently challenged the
state-bias in anthropological approaches to political processes. He argued that
many non-Western systems of authority were not simply lacking a state, but were
actively structured against the development of
centralized political structures and the accumulation of power by particular
individuals. Clastres posited that these societies often recognized the
socially destructive force of state forms and intentionally designed their
systems of authority to prevent such concentrations. While some scholars argue
that Clastres himself did not entirely escape the Western assumptions he
critiqued, his work was crucial in pushing anthropologists to seek genuine
alternatives to the dilemmas surrounding centralized state systems, moving
beyond the binary of "state" versus "non-state."
Cultural Conceptions of Authority
Beyond the initial focus on state
versus stateless societies, anthropological research has increasingly
emphasized the diverse cultural conceptions of authority.4 This shift
recognizes that the legitimacy of command, and the very nature of who holds it
and why, varies significantly across different societies.
For instance, Louis Dumont (1970),
writing on Hindu India, argued that authority based in hierarchical
institutions like kingship and caste is deeply embedded within encompassing
religious and ritual principles. Here, authority is not merely about political
power but is legitimized through a complex web of spiritual and moral
obligations, often linked to concepts of purity and pollution.
Similarly, Stanley J. Tambiah (1976),
for Thailand and Sri Lanka, and Clifford Geertz (1980), for Bali, demonstrated
that centralized state notions of authority, conceived from a Western
historical viewpoint, were inappropriate for understanding polities in
Southeast Asia. They argued that while there might be an ideology of powerful
cosmic centers (often embodied by kings), this often masked more fragmented
systems of authority. True power, or "might," was frequently in the
hands of local lords, whose legitimacy derived not simply from royal decree,
but from their own local influence and ability to control resources and people.
The pomp and splendor of cosmic rites performed by kings at the center served
to legitimate these local powers, creating a reciprocal relationship. The
cyclical nature of rebellions in such states was not necessarily a sign of a
weak center, but an inherent part of their ideological and structural dynamic,
with authority often conceived as emanating from the periphery or from outside
forces, a point made by Hocart for India early in the 20th century and later
observed in parts of Africa and the Pacific. These studies collectively
challenge simplistic Western political-economic perspectives, highlighting the
embeddedness of authority in specific cultural and cosmological frameworks.
Dynamics of Authority: Exchange,
Interaction, and Institutional Formations
A significant theoretical debate in
anthropology concerns the dynamics through which authority is established and
maintained. On one hand, there are exchange, interactionist, or
transactionalist perspectives, which tend to have an individualist and
small-group dynamic focus. These approaches often seek the rudiments and
development of authority in imbalances of exchange and the control and
distribution of material resources. Fredrik Barth's (1959a) classic studies of
power alliances among the Swat Pathans vividly illustrate this, showing how
individual actors strategically maneuver within existing social structures to
build influence and legitimate their authority. Edmund Leach’s (1954)
examination of the fluid shifts between non-centralized egalitarian and
state-oriented hierarchical political institutions among the Kachin of Highland
Burma also falls into this category.5 Both Barth and Leach were
instrumental in developing approaches that prioritized the processes of power
in social institutional formation and the construction of value, influencing
anthropological thought significantly throughout the 1960s and 1970s.
On the other hand, there are
approaches that explore different institutional formations of
power and authority, recognizing that authority is not merely an
outcome of individual transactions but is also shaped by established social
structures and norms. While there is overlap between these perspectives, the
latter emphasizes the ways in which institutions—such as kinship systems,
religious organizations, or political offices—pre-exist and shape the exercise
and legitimacy of authority.
Contemporary Approaches: Sahlins,
Bourdieu, and Foucault
More recent perspectives have further
enriched the anthropology of authority. Marshall Sahlins (1985), particularly
in his Hawaiian and Fijian work, has delved into the cultural forces that shape
and transform distinctly constituted cultural formations of power and
authority. His earlier work on Nuer lineage organization (Sahlins 1961),
arguing for its expansionist advantage, also speaks to how particular cultural
forms can underpin effective authority. Sahlins, through his unique
modifications of structuralist and Marxist approaches, offers insights into how
cultural constructions influence practical action and the exercise of
authority.
Pierre Bourdieu (1977) presents a
more pragmatic and strategic individualist position on authority, heavily
influenced by Marxism, Weberian process theory, and structuralism. His approach
to power and authority represents an innovative synthesis of otherwise opposed
modernist theories, aligning with some poststructuralist or postmodern
directions. Bourdieu’s concepts of symbolic power and symbolic
violence are particularly influential in understanding authority.6 He argues that
power, and therefore authority, is often exercised through seemingly benign or
even progressive institutional practices that subtly control and dominate. This
"hidden" power, distinct from overt coercion, operates by shaping
perceptions, legitimate categories of thought, and social recognition. For
example, educational systems can legitimize certain forms of knowledge and
exclude others, thereby establishing authority based on acquired cultural
capital. Bourdieu’s work illuminates how authority is not merely granted but is
actively constructed and legitimized through practices that appear neutral but
have profound effects on social hierarchy.
Michel Foucault has had a profound
impact on contemporary anthropological approaches to authority.7 His major
empirical works on medical discourses (Foucault 1973), forms of human
incarceration and surveillance (Foucault 1965, 1977b), and sexuality revealed
the constitutive and restructuring dynamics of power and authority in various discourses or practices that do not appear to be
formally part of government institutions. Foucault demonstrated how discourses
of medicine, crime control, and even academic disciplines parallel and become
integral to the dynamics of control and the establishment of authority within
contemporary political systems. For anthropologists, Foucault's work highlights
how forms of knowledge, classification, and categorization can themselves be
powerful mechanisms for establishing and legitimizing authority. Moreover,
Foucault's influence has led anthropologists to a stronger realization of their
own enterprise as potentially a discourse of powerful domination. This self-reflexivity prompts critical examination of how
anthropological research itself, through its categories and interpretations,
might inadvertently contribute to power imbalances, a point already made by
many Marxist anthropologists concerning the application of self-interest or
maximization theories akin to market CAPITALISM.8
Conclusion
The anthropology of authority is a
rich and complex field. It moves beyond simplistic notions of who
"rules" to explore the intricate ways in which legitimate power is
conceived, exercised, and challenged across human societies.9 From early
attempts to understand "stateless societies" to contemporary analyses
of symbolic power and discourse, anthropologists have consistently emphasized
the cultural variability of authority. While no single, grand theory of
authority has been found universally applicable, the enduring value of
anthropological inquiry lies in its detailed ethnographic descriptions. These
studies, regardless of their specific theoretical leanings, illuminate the
diverse cultural shapes of authority and the underlying practices that sustain
them, offering invaluable insights into the fundamental human question of how
social order is achieved and maintained.
References
1.
Hobbes, Thomas. 1651. Leviathan.
2.
Evans-Pritchard, E. E. 1940. The Nuer: A Description of the
Modes of Livelihood and Political Institutions of a Nilotic People.
Oxford: Clarendon Press.
3.
Evans-Pritchard, E. E. 1949. The Sanusi of Cyrenaica. Oxford: Clarendon Press.10
4.
Bourdieu, Pierre. 1977. Outline of a Theory of Practice.
Cambridge: Cambridge University Press.
5.
Clastres, Pierre. 1987. Society Against the State:
Essays in Political Anthropology. New York: Zone Books.
6.
Dumont, Louis. 1970. Homo Hierarchicus: The Caste
System and Its Implications. Chicago: University of Chicago Press.
7.
Tambiah, Stanley J. 1976. World Conqueror and World
Renouncer: A Study of Buddhism and Polity in Thailand against a Historical
Background. Cambridge: Cambridge University Press.11
8.
Geertz, Clifford. 1980. Negara: The Theatre State in
Nineteenth-Century Bali.12 Princeton:
Princeton University Press.
9.
Barth, Fredrik. 1959a. Political Leadership Among Swat
Pathans. London: Athlone Press.
10. Leach, Edmund R.
1954. Political Systems of Highland Burma: A Study of Kachin Social Structure.
Cambridge, MA: Harvard University Press.13
11. Sahlins, Marshall.
1985. Islands of History. Chicago: University of Chicago
Press.
12. Sahlins, Marshall.
1961. "The Segmentary Lineage: An Organization of Predatory
Expansion." American Anthropologist 63 (2): 322–345.14
13. Foucault, Michel.
1973. The Birth of the Clinic: An Archaeology of Medical Perception.
New York: Pantheon Books.
14. Foucault, Michel.
1965. Madness and Civilization: A History of Insanity in the Age of
Reason. New York: Pantheon Books.
15. Foucault, Michel.
1977b. Discipline and Punish: The Birth of the Prison.15 New York: Pantheon Books.
16. Foucault, Michel.
1980. Power/Knowledge: Selected Interviews and Other Writings 1972–1977.
Edited by Colin Gordon. New York: Pantheon16 Books.
LEGITIMACY:
The concept of legitimacy is central to
understanding political organization and social order in anthropology.1 In essence,
legitimacy refers to the popular acceptance of an authority, be it a person,
institution, or form of governance. It transforms raw power into rightful
authority, allowing commands to be obeyed not out of fear of coercion, but out
of a belief in their justness and propriety. This class material will explore
the anthropological understanding of legitimacy, focusing on its construction,
maintenance, and contestation within political systems across diverse cultures.
Defining Legitimacy in Political
Anthropology
In political anthropology, legitimacy
is not an inherent quality but a socially constructed one. It is the belief by a populace that their leaders or governing
institutions have a right to exercise power.2 This
"rightfulness" can stem from various sources, making the study of
legitimacy inherently cross-cultural. Without legitimacy, political systems
rely solely on coercion, which is often unsustainable and prone to resistance. With legitimacy, governance becomes more stable, efficient, and
accepted by those subjected to it.3
Early anthropological inquiries into
political organization, particularly those influenced by Western political
theory, often grappled with the problem of order, as first articulated by
Thomas Hobbes (1651) in his discussion of the need for the state.4 This led to an
initial focus on how states establish and maintain order, and by extension,
legitimacy. However, as anthropology expanded its scope to include so-called
"stateless societies," the understanding of legitimacy also
broadened. E. E. Evans-Pritchard's classic study of the Nuer (1940)
demonstrated that forces located in kinship and other social processes could
effectively promote order, thereby obviating the necessary need for a formal
state to establish legitimacy. The Nuer's segmentary lineage
system, for instance, provided a decentralized form of order where legitimacy
stemmed from genealogical ties and a balance of power between different kin
groups, rather than a centralized authority.5
Sources and Manifestations of
Legitimacy
The sources of legitimacy are
incredibly diverse and culturally specific. Max Weber's (1968) classic typology
of legitimate domination – traditional, charismatic, and rational-legal –
provides a useful starting point, although anthropologists have critiqued and
expanded upon it to account for cross-cultural nuances.
·
Traditional Legitimacy: This form of legitimacy rests on the belief in the sanctity of
immemorial traditions and the legitimacy of those exercising authority under
them.67 In many non-Western societies, traditional authority figures, such
as elders, chiefs, or lineage heads, derive their right to rule from
long-standing customs, ancestral precedents, or divine mandate.8 For example, in
many African societies, the authority of chiefs is often tied to their
perceived connection to the ancestors or their role in upholding traditional
law, as described in numerous ethnographies. These leaders embody the past and
present, and their pronouncements carry weight because they are seen as
upholding an established and revered order.
·
Charismatic Legitimacy: This form is based
on the devotion to the exceptional sanctity, heroism, or exemplary character of
an individual person, and of the normative patterns or order revealed or
ordained by him. Charismatic leaders emerge through their extraordinary personal
qualities, attracting followers who believe in their unique vision or ability.9 Anthropological
examples can be found in the rise of prophetic movements or revolutionary
leaders in various contexts. However, a key challenge for
charismatic legitimacy is its inherent instability; it often struggles with
succession and institutionalization once the charismatic leader is gone.10
·
Rational-Legal Legitimacy: This type of legitimacy rests on a belief in the legality of enacted rules and
the right of those elevated to authority under such rules to issue11 commands. This is
characteristic of modern bureaucratic states where authority is vested in
offices and procedures, rather than in individuals. While often associated with
Western nation-states, anthropologists have examined the adoption and
adaptation of such systems in post-colonial contexts, highlighting both their
successes and the challenges they face in gaining widespread legitimacy when
imposed over existing traditional systems.
Beyond Weber, anthropological
research has highlighted other crucial sources of legitimacy:
·
Ritual and Cosmology: As Louis Dumont (1970) argued for Hindu India, legitimacy for
hierarchical institutions like kingship and caste is deeply embedded within
encompassing religious and ritual principles.12 The king's
authority, for instance, might be seen as divinely ordained or necessary for
maintaining cosmic balance. Clifford Geertz (1980), in his study of the
Balinese "theatre state," showed how elaborate rituals, rather than
brute force, were central to establishing and maintaining the legitimacy of the
king's cosmic authority. These rituals were not merely symbolic but actively
constituted the very fabric of power and the acceptance of royal prerogative.
Similarly, Tambiah (1976), for Thailand and Sri Lanka, argued that the ideology
of powerful cosmic centers legitimized local lords, whose "might" was
acknowledged through the pomp and splendor of the cosmic rites of the kings.
·
Performance and Efficacy: In many societies,
the legitimacy of leaders is tied to their ability to deliver results and
ensure the well-being of their communities. This could involve successful
warfare, effective redistribution of resources, resolution of disputes, or the
maintenance of peace. Fredrik Barth's (1959a) work on the Swat Pathans
illustrates how leaders' authority is constantly being negotiated and validated
through their performance in alliance formation and conflict resolution. Similarly, Edmund Leach's (1954) study of the Kachin of Highland
Burma shows the fluidity of political systems, where leaders could shift
between egalitarian and hierarchical modes, with their legitimacy often
depending on their practical effectiveness in different circumstances.13
·
Consent and Participation: While not always
formalized through democratic institutions, the consent of the governed, or at
least active participation in decision-making processes, can be a vital source
of legitimacy.14 Even in seemingly
hierarchical societies, leaders may need to consult with councils, elders, or
other influential figures to gain buy-in for their decisions. This
"bottom-up" aspect of legitimacy is often overlooked when focusing
solely on top-down power structures.
Contestation and Crisis of
Legitimacy
Legitimacy is rarely absolute or
static; it is constantly negotiated, challenged, and can be eroded.15 Anthropologists
have paid significant attention to moments of legitimacy crisis, where the
accepted right to rule is questioned, leading to instability, resistance, or
outright rebellion.
Pierre Clastres's (1987) argument
that many non-Western systems of power are expressly oriented against the
development of centralized political structures also speaks to the continuous
contestation of nascent forms of concentrated authority. These societies often
have mechanisms, such as shaming, gossip, or even ostracism, to prevent any
individual from accumulating too much power and thereby undermining the
collective legitimacy of their more egalitarian structures.
Colonial encounters often created
profound legitimacy crises. European colonial powers frequently imposed
rational-legal systems of governance and appointed "chiefs" or
leaders who lacked traditional legitimacy in the eyes of the colonized
populations. This disjuncture between imposed authority and indigenous sources
of legitimacy often led to resistance, indirect rule challenges, and the
subsequent need for colonial powers to resort to coercion to maintain control. Post-colonial states also face challenges in establishing
legitimacy, often inheriting artificial borders, diverse ethnic groups, and
governance structures that may not resonate with local cultural conceptions of
authority.16
Contemporary anthropological work,
particularly influenced by Pierre Bourdieu (1977) and Michel Foucault, offers
nuanced perspectives on how legitimacy is maintained and challenged. Bourdieu's concept of symbolic power highlights how
dominant groups can impose their worldview as legitimate, making certain social
arrangements seem natural and inevitable, even if they disadvantage others.17 This doxa, or taken-for-granted beliefs, contributes to the
naturalization of power structures and thus to their legitimacy. When this
symbolic power is challenged, the legitimacy of the system can be undermined.
Foucault's (1980) work on
power/knowledge demonstrates how particular forms of knowledge and discourse
actively construct and legitimize certain forms of governance and social
control. The authority of institutions like medicine or psychiatry, for
example, is not just about their formal power but about their ability to define
what is normal, healthy, or deviant. Challenges to these dominant discourses
can therefore lead to a crisis of legitimacy for the institutions and practices
they underpin. For anthropologists, this perspective is crucial for
understanding how even seemingly objective forms of knowledge can be
instruments of power and legitimacy, and how their own disciplinary practices
might inadvertently contribute to these dynamics.
Conclusion
The anthropology of legitimacy is
fundamental to understanding political life across the spectrum of human
societies. It moves beyond simply identifying who holds power to investigating why that power is accepted as rightful. By examining
the diverse cultural sources of legitimacy – be they tradition, charisma,
legal-rational norms, ritual, performance, or consent – anthropologists reveal
the intricate processes through which social order is constructed and
maintained. Furthermore, by analyzing moments of legitimacy crisis and the
subtle workings of symbolic power and discourse, anthropological research
illuminates the ongoing negotiation and contestation inherent in all political
systems. Ultimately, the ethnographic focus of anthropology provides rich,
contextualized insights into the dynamic interplay between power, authority,
and the crucial element of popular acceptance that defines legitimate
governance.
References
1.
Hobbes, Thomas. 1651. Leviathan.
2.
Evans-Pritchard, E. E. 1940. The Nuer: A Description of the
Modes of Livelihood and Political Institutions of a Nilotic People.
Oxford: Clarendon Press.
3.
Weber,
Max. 1968. Economy and Society: An Outline of Interpretive Sociology.
Edited by Guenther Roth and Claus Wittich.18 New York: Bedminster Press.19
4.
Dumont, Louis. 1970. Homo Hierarchicus: The Caste
System and Its Implications. Chicago: University of Chicago Press.
5.
Geertz, Clifford. 1980. Negara: The Theatre State in
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6.
Tambiah, Stanley J. 1976. World Conqueror and World
Renouncer: A Study of Buddhism and Polity in Thailand against a Historical
Background. Cambridge: Cambridge University Press.20
7.
Barth, Fredrik. 1959a. Political Leadership Among Swat
Pathans. London: Athlone Press.
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Leach,
Edmund R. 1954. Political Systems of Highland Burma: A Study of Kachin
Social Structure. Cambridge, MA: Harvard University Press.2122
9.
Clastres, Pierre. 1987. Society Against the State: Essays
in Political Anthropology. New York: Zone Books.
10. Bourdieu, Pierre.
1977. Outline of a Theory of Practice. Cambridge: Cambridge
University Press.
11. Foucault, Michel.
1980. Power/Knowledge: Selected Interviews and Other Writings 1972–1977.
Edited by Colin Gordon. New York: Pantheon23 Books.
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