IDEAS home Printed from https://ideas.repec.org/p/erp/euilaw/p0034.html
   My bibliography  Save this paper

Law’s Legitimacy and Democracy-Plus

Author

Listed:
  • Wojciech Sadurski

Abstract

Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the paper I prepare the ground for the discussion of legitimacy of democratic laws by considering the relationship between law’s legitimacy, its justification and the obligation to obey the law. If legitimacy of law is seen as based on the law being justified (as in Raz’s service conception), our duty to obey it does not follow automatically: it must be based on some additional arguments. Raz’s conception of legitimate authority does not presuppose, as many critics claim, any unduly deferential attitude towards authorities. Disconnection of the law’s legitimacy from the absolute duty to obey it leads to the central part of the paper which consists in a critical scrutiny of the claim that the democratically adopted law is legitimate only insofar as it expresses the right moral values. This claim is shown to be, under one interpretation (motivational), nearly meaningless or, under another interpretation (constitutional), too strong to survive the pressure from moral pluralism. While we cannot hope for a design of pure procedural democracy (by analogy to Rawlsian pure procedural justice), democratic procedures express the values which animate the adoption of a democratic system in the first place.

Suggested Citation

  • Wojciech Sadurski, 2005. "Law’s Legitimacy and Democracy-Plus," EUI-LAW Working Papers 18, European University Institute (EUI), Department of Law.
  • Handle: RePEc:erp:euilaw:p0034
    as

    Download full text from publisher

    File URL: http://www.eui.eu/ERPA/LAW/../../PUB/LawWPs/law2005-18.pdf
    File Function: Full text
    Download Restriction: no

    References listed on IDEAS

    as
    1. Follesdal, Andreas & Hix, Simon, 2005. "Why There is a Democratic Deficit in the EU: A Response to Majone and Moravcsik," European Governance Papers (EUROGOV) 2, CONNEX and EUROGOV networks.
    2. Mario Savino, 2005. "The Constitutional Legitimacy of the EU Committees," Les Cahiers européens de Sciences Po 3, Centre d'études européennes (CEE) at Sciences Po, Paris.
    3. repec:cup:apsrev:v:99:y:2005:i:01:p:29-43_05 is not listed on IDEAS
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    law;

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:euilaw:p0034. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Machteld Nijsten). General contact details of provider: http://www.eui.eu/LAW/ .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.