On The Construction Of Political Legitimacy In The Perspective Of Human Rights

At the beginning of human society,the question of "what is right in power" is a reflection of many thinkers.From the perspective of empiricism,Weber proposed three types of domination.Habermas explains political legitimacy from the normative and empiricism two angles.Normative and empiricism legitimacy have theoretical flaws,but it gives us a good perspective to observe political legitimacy.Standing on the shoulders of many thinkers,we can explore the basis of political legitimacy from the substantive elements,procedural elements and effectiveness elements.Substantive elements reflect the moral factors that should exist in political rule,linking political philosophy with moral philosophy,and forming moral politics."Justice" in the ancient Greek period,"benevolence" in the Chinese feudal period are discussed at this level.Procedural elements abandon the absolute value,do not care about what is the value,only to explore "what",not to ask "what should be".In real politics,procedural elements are embodied in the content and operation of the political system.Weber's legal rule and the design of a set of political systems in ancient China such as the"three provinces and six departments" are built political legitimacy at the procedural level.The effectiveness elements is reflected in the performance of political rule.Weber's charismatic rule embodied the validity of political domination.However,in the modern political system,it is difficult to construct political legitimacy by relying solely on substantive factors,procedural factors or effective elements.Human rights theory lays the foundation on the construction of contemporary political legitimacy because of its own characteristics.We can discuss the political legitimacy from the perspective of human rights.From a substantive point of view,human rights are,in essence,moral rights.This paper argues that the moral basis of human rights lies in the "no harm to others" rule formed in the early stages of human society.After human beings entered the political society,the "no harm to others" rules expand into political rulers shall not harm the interests of the rulers.Under the guidance of such a concept,the political legitimacy of human rights makes the political ruler should be more respect and protect the interests of individual citizens.From the point of view of procedural elements,human rights theory should be carried out in a specific political system.Such as the establishment of the people's sovereignty system and power control system.The people's sovereignty system is mainly through representative system and autonomy system to achieve.The power restriction system can be realized through power restraint power,right restraint power,moral restraint power,legal restraint power and so on.Effectiveness is a necessary condition for achieving political legitimacy,but not a sufficient condition for political legitimacy.Effectiveness is closely related to human rights,Safeguarding human rights is an implementation of the drive for effectiveness.Human rights can change our economic development from materialism to humanism,which can make our politics more rational from theory to practice,so that we can achieve social justice in two areas:reducing absolute poverty and relative inequality.