Legitimate Rape: A Weberian Analysis

21 August 2012, 1703 EDT

On Facebook, someone familiar to readers of this blog wrote: “As readers of Weber know, there are three forms of legitimate rape: forcible, fraternity, and rational-legal.” But enough of that neo-Weberian claptrap. As a good paleo-Weberian knows, the ideal types here remain traditional, charismatic, and legal-rational. And these help us to understand the political backlash over Rep. Aiken’s Aken’s “unfortunate” choice of words.

Aken subscribes to a traditional view of rape. Indeed, his understanding harkens back to late medieval Europe. That’s pretty traditional.

His opponents, on the other hand, adopt legal-rational conceptions of rape. These depend on entirely different warrants, such as consistency, equal application, and other justificatory schema alien to Aken’s wing of the Republican party. Or, as Bryan Fischer of the American Family Association nicely summarized, “What Akin meant by ‘legitimate rape:’ actual forcible rape, not consensual sex that later gets called rape. Come on, people.”

Indeed, since women cannot, for people such as Aken and Fischer, become pregnant from rape, pregnancy provides an excellent basis for distinguishing between traditional rape and faux rape — the latter including mere threats to inflict harm, the exploitation of power differentials, and the droit de segnieur that our great democracy has extended to all men encountering women with short skirts, low-cut tops, or lesbian tendencies.

Ah, traditional justice. So much easier and more accurate than that demanded in legal-rational systems.


Where was I?…. Ah, yes. The problem for Aken is that he failed to translate traditional understandings of legitimate rape into legal-rational ones of the kind demanded by the lamestream media. Many Republicans, however, depend upon making appeals to segments of the electorate whose traditions are more thoroughly laced with legal-rational lifeworlds. They have therefore thrown Aken under the proverbial chariot. But not to worry, for as Weber teaches us a Charismatic figure may create a genuine rupture in existing modes of legitimate rape and build a new order.

And that figure is at hand.

No. Wait. 
Wrong picture.

Sorry. I meant this one:

Credit: TMZ via Salon

I admit none of this was terribly funny. But there’s a serious point here: Weber’s ideal-typical accounts of legitimate domination provide a useful way of parsing contemporary debates in the United States. It isn’t just a matter of content, nor of communities of discourse, but of styles of legitimation.

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Daniel H. Nexon is a Professor at Georgetown University, with a joint appointment in the Department of Government and the School of Foreign Service. His academic work focuses on international-relations theory, power politics, empires and hegemony, and international order. He has also written on the relationship between popular culture and world politics.

He has held fellowships at Stanford University's Center for International Security and Cooperation and at the Ohio State University's Mershon Center for International Studies. During 2009-2010 he worked in the U.S. Department of Defense as a Council on Foreign Relations International Affairs Fellow. He was the lead editor of International Studies Quarterly from 2014-2018.

He is the author of The Struggle for Power in Early Modern Europe: Religious Conflict, Dynastic Empires, and International Change (Princeton University Press, 2009), which won the International Security Studies Section (ISSS) Best Book Award for 2010, and co-author of Exit from Hegemony: The Unraveling of the American Global Order (Oxford University Press, 2020). His articles have appeared in a lot of places. He is the founder of the The Duck of Minerva, and also blogs at Lawyers, Guns and Money.