NationalismNo. 5
When legitimacy thins
A state can keep every procedure intact and still lose its claim on people. What that failure looks like from inside, and why it is usually mistaken for something else.
By Brandon Welch6 min
The trouble with a slow collapse is that at every moment it looks survivable.
The first part of this argument ended with a claim I want to press on: that legitimacy is not a threshold a state clears but a standing achievement, maintained the way a building is maintained, failing the way buildings fail — slowly, at the joints, and then all at once.
That metaphor is doing work, and it should be made to earn it. What does a joint failure actually look like? If legitimacy can thin without any procedure changing, how would anyone know?
The measurement problem
Start with what makes this hard. The obvious indicators are the ones that move last.
Elections still happen. Courts still sit. Laws still pass and are mostly obeyed. If you were assessing the system on its formal properties, you would find nothing wrong right up until something is very wrong, because formal properties are exactly what a thinning legitimacy leaves intact.1 This is the standing embarrassment of institutional-quality indices, which reliably score states highly until shortly before they stop functioning. The measures aren't wrong; they're measuring the part that fails last.
The things that move first are attitudinal and therefore easy to dismiss as mood. People stop expecting institutions to work and start routing around them. Compliance continues but its character changes — from this is how things are done to this is what I have to do. That distinction is invisible in any statistic about compliance rates, and it is the whole difference between an institution that has authority and one that merely has power.
Three joints
If legitimacy rests on the three supports from the first part — consent, performance, procedure — then it has three characteristic ways of coming apart, and each looks different from inside.
Performance failure with procedure intact
The most legible case. Things stop working: the trains, the permits, the courts' backlogs, the time it takes to get a decision from anyone about anything. Nobody suspends the constitution. The constitution is fine. What erodes is the everyday experience of the state as competent.
What makes this dangerous is that it is nearly always locally explicable. Every individual failure has a proximate cause — an unlucky year, a bad appointment, an underfunded department — and so at no point does anyone have to conclude anything general. The reasoning that dissolves a railway in the previous essay applies here too: each explanation is sound, and the aggregate goes unexamined because nobody is charged with examining it.
Procedural failure with performance intact
The reverse case, and the one most likely to be defended. Decisions get made faster and better by narrowing who makes them. Emergency powers that work. Consultations skipped because the consultation was going nowhere.
Each step is defensible on its own terms and frequently produces better outcomes than the alternative. That is precisely what makes it hard to argue against without sounding like a person who prefers worse outcomes for procedural reasons — which, stated baldly, sounds absurd.
But the proceduralist has an answer, and it is worth stating plainly. Procedure isn't a tax paid for the sake of fairness. It's what generates a reason to comply that doesn't depend on agreeing with the decision. Strip it out and you haven't made governance more efficient; you've made every future decision rest on whether people happen to like it. That's a much thinner foundation, and its thinness shows only under load.
An institution that works well and answers to no one is borrowing against a reserve it is not replenishing.
Consent failure with both intact
The subtlest. Procedures work, outcomes are acceptable, and a growing number of people simply do not regard the arrangement as theirs.
This is where the vocabulary of nationhood does most of its work, in both directions. A shared national story is one of the few things that can sustain the sense of ours through a period when neither performance nor procedure is doing it. That is a real function and it is why appeals to it intensify exactly when the other supports are under strain — the appeals are a symptom before they are a cause.
The same mechanism runs the other way. A story that defines the nation narrowly enough to exclude people who are, in fact, here does not repair consent; it converts a diffuse thinning into a specific one, and concentrates it on the people the story excludes. Both moves feel like restoration to the people making them. Only one of them adds anything.
Why it gets misread
The characteristic mistake in all three cases is to read a structural problem as a moral one about individuals.
Performance failure gets read as laziness or incompetence in particular officials. Procedural erosion gets read as the ambition of particular leaders. Consent failure gets read as ingratitude, or as extremism, or as the influence of whoever is currently blamed for the influence.
Sometimes those readings are correct. Individuals do behave badly, and pretending otherwise is its own evasion. But the individual reading is always available — there is always someone to blame — and its availability is the tell. An explanation that would have been produced regardless of the facts is not evidence about the facts.
The structural reading is harder because it doesn't terminate in anyone's guilt, and so doesn't discharge the feeling that something ought to be done about someone. It terminates instead in a question about which support is under strain and what would relieve it, which is duller and considerably more useful.
What follows
Not much that is comfortable. Three things, though, seem to me to survive the argument.
The first is that repair is specific. "Restoring trust" is not an action; strengthening a particular joint is. Which one is failing is an empirical question with a discoverable answer, and the answer is often not the one being loudly asserted.
The second is that the supports are not interchangeable. A state that has lost procedural legitimacy cannot compensate with performance indefinitely, and one that has lost performance cannot compensate with procedure. Each buys time. None substitutes.
The third is the one I find hardest to hold on to. Because the failure is gradual and every stage is survivable, there is no moment at which the situation announces itself — which means the judgement about whether things are getting worse has to be made without the evidence that would settle it. That is an uncomfortable epistemic position, and I don't think there is a way out of it. There is only the discipline of asking the question on a schedule rather than when it feels urgent, since by the time it feels urgent the answer has usually stopped being useful.
Further reading
- Jürgen Habermas, Legitimation Crisis — The classic treatment, and heavier going than it needs to be.
- Albert Hirschman, Exit, Voice, and Loyalty — On what people do instead of complaining.
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