A Legal Theory of Revolutions

Abstract

A legal theory of revolutions presents the principle of social approval. In order to determine the legitimacy of a revolution in the legal sense, the principle of social approval focuses upon the critical significance of succession rules. The normative statement that a legislator has the right to make laws presupposes the existence of the rule, in the social group, under which he has this right. This rule is the succession rule. A revolution occurs when a person usurps power in violation of the existing succession rules. The revolution is lawful if new succession rules given by the usurper enjoy social approval (that is, they are acceptable to the people) and the new ruler regularizes his usurpation under the new succession rules.

Keywords: usurpation, Kelsen, doctrine of necessity, social approval, grundnorm, the rule of recognition, H.L.A. Hart, jurisprudence