By Mohammad Ali Hussaini

The discussion about the legitimacy of governments and their function have attracted the attention of philosophers, political scientists and sociologists for a long time. As one of the most fundamental topics of philosophy and sociology, this discussion has always been at the center of research. The focus of researchers has been on showing the basis on which rulers obtain the right to rule and exercise political power, and with what consent the people accept this.

Political legitimacy is one of the basic foundations of any political system in a society, and plays a major role in its durability, survival or collapse. Legitimacy is defined as follows: Legitimacy is often considered to mean the right to exercise power or the right to rule.

Therefore, all political systems counter the issue of legitimacy and expect their citizens to obey government orders with enthusiasm and conviction, and not due to personal interests, fear or habit. For this reason they try to strengthen their power to show that to follow them is the moral duty of all citizens. Consequently, legitimacy is fundamental in relation to the current ruling power in Afghanistan, in terms of to the continuation, survival or collapse of the regime.

1. Legitimacy of public consent

Legitimacy is a relative, complex and multi-level concept that is based on different foundations and components, such as satisfaction, law, norms and efficiency. The main issue of contention with the theory of consent is that governments gain their just power from the consent of the governed. Therefore, in this theory, the legitimacy of the government is tied to the satisfaction and commitment of the citizens, and the exercise of power is therefore only legitimate when the people have given the right to govern to the rulers.

This is emphasised by the philosopher John Locke who argued: "Government is not legitimate unless it is done with the consent of the governed." He claimed that historical evidence shows that people's consent and choice is the basis for the initial formation of governments. Consequently, the right to rule is transferred to rulers through such means. Locke considered consent necessary for both the initial establishment of political authority and for its continuation and survival.

If the political system does not accept the sentiments of citizens, the government has no legitimacy and will collapse in a short period of time. The Taliban, which took over Kabul on the 15th of August 2021, failed to win the hearts of the people after nearly two years. As long as citizens are not satisfied with the ruling system and face oppression, it is impossible to gain legitimacy. This is because the source of legitimacy for the government in Afghanistan lies in the satisfaction of the people of that country. The Taliban have been unable to obtain this satisfaction after two years.

2. Legal legitimacy

The link between law and legitimacy has a long history within human thought. Legitimacy is from the same family as legislation and legality. Even the definition of legitimacy means being legal or according to the law. Law has always been considered as a fundamental criterion for measuring the legitimacy of governments. With the formation of modern legal systems, legal legitimacy became the most common form of legitimacy in the modern world. Laws are considered as the main foundation of social life and are considered the source of legitimacy.

Every power holder is legitimized through relying on the legal system, and his power is legitimate as long as it is in harmony with the law. A government should take power based on law and legal mechanisms, not through violence or force. As we are all aware, the Taliban has killing thousands of innocent people and has destroyed the infrastructure of Afghanistan, such as bridges, roads, schools and hospitals. Their conduct has not been authorised through a legal mechanism and in a legitimate way, for example by elections.

3. Functional legitimacy‌

The government has always been considered a necessary institution in human society. Without it there is disorder, chaos and insecurity. If the function of government in the age of tradition was limited to providing order and security, in the modern era, especially with the growth of the welfare state, these functions have increased and are not limited solely to security.

From this point of view, the usefulness of governments is achieved when they have useful functions in all areas of life. In such a case, the legitimacy of government power is tied to its functions. Today, modern governments are expected to guarantee the conditions of meeting the needs of society.

The government will lose its legitimacy when it can no longer perform its functions. Therefore, factors such as failure in functioning can cause the erosion of legitimacy of the political system. Therefore, if rulers seek to increase legitimacy and gain more loyalty, they should rely on their efficiency and increase their positive performance. Efficiency has an important role in the continuation, survival and collapse of legitimacy. If inefficiency continues, governments will face an erosion of legitimacy.

The people of Afghanistan have expressed dissatisfaction with the performance of the Taliban. After coming to power, the Taliban committed many tragedies, such as killing soldiers of the previous government, discriminating against ethnic and religious minorities, closing schools and universities for girls, and depriving women of their freedoms. Although this regime has collected huge amounts of money, it has not provided any kind of basic services.

If the Taliban want legitimacy and survival and also want to avoid collapse, they must respect every citizen’s human rights. They must form an inclusive government in which all ethnicities, religions and women are represented. In turn, they must abandon authoritarian rule. Therefore, as long as the Taliban do not respect the human rights of Afghanistan’s citizens, it will not have legitimacy.

4. Normative legitimacy

The normative concept of legitimacy refers to the acceptance and justification criteria of political power or coercion. Here, legitimacy is, on the one hand, the moral justification of the use of political power by the government, and on the other hand, the justification of the moral duty of citizens to submit.

According to the normative interpretation, the legitimacy of the acceptance of the people and the acceptability of the rulers is not a criterion, rather, it is a normative principle on which the power of obedience is based and applied. Therefore, governments can be efficient and acceptable and even be recognised by the public, but they are not legitimate. They do not have the authority to exercise power and there is no moral duty to obey them. This is applicable to the political system of the Islamic Emirate of Afghanistan.

Legitimacy is mainly of a normative nature and is linked to people's beliefs, which includes principle values and beliefs. This legitimacy manifests through the presentation of rational and moral reasons justifying the legitimacy of the system. This then ensures the legitimacy of the system itself.

In a fascistic system, such as that of the Taliban, the basis of normative legitimacy originates from superiority of blood, descent and race, which provides the framework for a racist or ethnocentric totalitarian ideology. In this system, legitimacy is the relationship between the people and their tribe, which guarantees the superior position of one ethnicity and tribe over others, instead of centering on human values within a society.

Concluding thoughts

It should be said that the collapse of a regime begins when it creates obstacles towards political and social participation. A gap between the existing government and the government desired by the people then arises. The established regime then cannot find a popular basis for its authority.

With the re-establishment of the Taliban in 2021 as an autocratic and totalitarian regime, people expressed their displeasure to this political shift. Now the situation in Afghanistan remains bleak. If the current regime is seeking legitimacy for its survival and continuity, it must include the foundations of legitimacy, human rights, women's rights, and other human values within its regime.

If it cannot adapt itself to the surrounding environment, its survival and continuity will be doubted. It will not be long before the regime collapses like it did previously. Then it will join history and be replaced certainly by another more fundamentalist, radical and authoritarian group.

Mohammad Ali Hussaini has a Master's degree in Political Sociology from Tehran University. He has published  scientific books and articles. Mr. Hussaini has taught in private universities and worked in government positions.

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The article does not reflect the official opinion of the AISS.