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Studies on recent populist regimes and conventional authoritarian ones now appreciate the role of law. But existing accounts view the use of law in instrumental terms. Such a role for law surely exists, but it does not fully describe authoritarian legality. After all, such legality not only exercises force but also claims authority. It offers reasons in its defense. A key feature of many an authoritarian transition are discursive practices that justify the turn from democracy. This essay considers cases of populism and military takeovers to understand how authoritarianism is an argument. The authoritarian rationale is centered on law’s representational role in society. We are a society by belonging to the same legal order. Scholars of democracy and authoritarianism must reckon with this claim, as we must with the idea that authoritarian law does not operate merely within the domain of power but also within the space of reasons.
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