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It is common in the literature to claim that legitimacy is the right to rule and that, accordingly, Hohfeldian rights analysis can be used to understand the concept. However, we argue that authors in the legitimacy literature have not generally realised the full potential of Hohfeldian analysis. We discuss extant approaches in the literature that conceptually identify legitimacy with one particular Hohfeldian incident, or, more rarely, a determinate set of incidents. Against these views, and building on parallel debates in property theory, we suggest that Hohfeldian analysis pushes one towards the claim that legitimacy possesses no determinate essence. We provide a rationale for this novel view and disarm a series of objections. [ABSTRACT FROM AUTHOR]

There has been little debate in political philosophy about whether the intentions of governments matter to the legitimacy of their policies. This paper fills this gap. First, I provide a rigorous statement of political anti-intentionalism, the view that intentions do not matter to political legitimacy. I do so by building on analogous debates in moral philosophy. Second, I sketch some strategies to defend political anti-intentionalism, which I argue are promising and available to a wide range of theories of legitimacy. Third, I show that the distinction has implications for debates surrounding neutrality and political liberalism. [ABSTRACT FROM AUTHOR]