Democracy, Sovereigns and Political Authority

When the body of the people is possessed of the supreme power, it is called a democracy. When the supreme power is lodged in the hands of a part of the people, it is then an aristocracy.

In a democracy the people are in some respects the sovereign, and in others the subject.

There can be no exercise of sovereignty but by their suffrages, which are their own will; now, the sovereign's will is the sovereign himself. The laws, therefore, which establish the right of suffrage are fundamental to this government. .....

The people, in whom the supreme power resides, ought to have the management of everything within their reach: that which exceeds their abilities must be conducted by their ministers.
But they cannot properly be said to have their ministers, without the power of nominating them: it is, therefore, a fundamental maxim in this government, that the people should choose their ministers--that is, their magistrates.
-Montesquieu, Spirit of Laws, bk. 2, CH. 2 (Of the Republican Government, and the Laws in relation to Democracy)

The following is an except from Stanford Encyclopedia of Philosophy -
Authority
by Tom Christiano

1.2 Political Authority and Different Kinds of Duties of Obedience

To the extent that a duty of obedience is included in the concept of political authority, there can be different forms of obedience on the part of subjects. This implies a very distinct dimension of political authority. When a political authority issues a command and the subject has a duty to obey, what is the nature of this duty? One might have a duty to obey a command merely because it commands the subject to do something that is just and any alternative action would be unjust. Here the duty to obey would depend on the content of the command. Commands that are unjust or perhaps even commands that require actions that are not exclusively just may not involve duties at all.

The commands of a legitimate political authority are usually thought to involve something more than this. The duty of the subject is grounded not in the content of the command itself but in the nature of the source issuing the command. The duty to obey is then automatically generated when the command is issued by the appropriate authority and when it has the right form and provenance. In this respect, the duty to obey is content independent or independent of the content of the particular command. One must obey because one has been commanded and not because of the particular content of the command. One must do it because one has been told to do it. This kind of duty seems to be the most central kind of duty involved in the duty to obey. It is the idea that one must obey the authority because it is the authority. It does not imply of itself that one owes the duty of obedience to the authority so it does not imply that there is a right to rule on the part of the authority.

Here we must distinguish a duty that is owed to the authority and a duty that is merely the result of the authoritative command. The duty that is owed to the authority is grounded in the fact that the authority possesses a feature that gives it a right to command and that it is in virtue of that right that one owes obedience. The idea is that there is something just in itself that the authority be obeyed.

One other distinction that is worth making in this connection is the distinction between a preemptive duty to obey and a duty that is not preemptive. A preemptive duty is one that replaces other duties. It puts other duties out of play when it comes into play. A preemptive duty is not weighed against other duties that might relate to what one is thinking of doing. Of course, a preemptive duty may not preempt all other considerations, its preemption may operate only with a limited scope and thus preempt only some limited set of considerations.

An example of a preemptive duty is the case of a promissory obligation. If I have agreed to do something for you and I suddenly see some pleasurable alternative to fulfilling my obligation, most people would think that I ought to exclude the consideration of pleasure altogether from my deliberations even though the pleasure would be a consideration had I made no promise. It is simply not something that I can legitimately weigh in the balance against the promissory obligation. So if an authority issues a command and the duty to obey is a preemptive duty, then the subject does not weigh the other duties that might otherwise apply to him in the balance with the preemptive duty. The preemptive duty simply excludes the other duties. By contrast, if a duty is not preemptive, then when it comes time to comply with it, one must balance it with other duties that weigh for and against acting in accord with the duty.

Most think that the duties associated with authority are content independent in the sense that one must do what one is told even if one is skeptical about the merits of the command. There is some skepticism, however, about the claim that legitimate political authorities impose preemptive duties on subjects. These people have questioned the rationality of preemptive duties or reasons for action. Surely, there are times when what appear to be preempted considerations all add up to a consideration that outweighs the preempting consideration. How can this be understood on the preemption model? Some have argued that authoritative commands simply give especially weighty content independent duties, which can be balanced against other duties (Shapiro 2002). The discussion of instrumentalism will say a bit more about these criticisms below.

The most demanding notion of authority is the idea of a political authority that has a right to rule that correlates with a duty to obey that is owed to the authority and that is a content independent and preemptive duty.

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