Relativism and Leadership in Hans Kelsen’s Theory of Democracy

This chapter explores the relationship between Hans Kelsen’s philosophical relativism and his theory of democratic leadership. First, it argues that Kelsen’s theory of democratic leadership cannot be fully understood unless placed within his broader political thought, which includes a commitment to philosophical relativism. Second, it suggests that Kelsen provided an original answer to the puzzle of democratic leadership that is significant in its own right. Writing during the rise of fascism, Nazism, and Soviet communism, Kelsen made a crucial distinction between autocratic and democratic forms of leadership: while autocratic leaders are seen as possessing absolute knowledge and, therefore, hold unlimited power, democratic leaders are thought to carry only relative truths, and their power is consequently limited. Kelsen demonstrated that if we believe moral absolutes exist, it is logical to have an absolute leader with unfettered power. In contrast, if we hold that moral absolutes are inaccessible to human knowledge and only relative truths exist, it follows that leaders should have limited power and be subject to constant scrutiny and control. Contrary to the common characterisation of Kelsen as an abstract and idealist thinker, this chapter shows that his approach to political leadership was normative yet realist. Rather than eliminating leadership, Kelsen associated democracy with multiple, temporary leaders who have limited and relative political power.