Equality and Legitimacy
Sadurski, Wojciech,
Professor of Legal Theory and Legal Philosophy at the European University Institute, Florence, and Professor of Legal Philosophy at the University of Sydney, Faculty of Law
Print publication date: 2008
Published to Oxford Scholarship Online: January 2009 Print ISBN-13: 978-0-19-954517-9 doi:10.1093/acprof:oso/9780199545179.001.0001 |
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Abstract:
It is often claimed — correctly, in the opinion of the author of this book — that a legitimate government must treat all citizens not just with a measure of concern but with equal concern. This contention links two major legal and philosophical concepts — legitimacy and equality — by making the former dependent on the latter. The book examines this connection in detail. It aims to explain the relationship between the idea of legitimacy of law in a democratic system and equality, in three dimensions: political, legal, and social. Exploring the constituent elements of the concept of legitimacy and the specific requirements of political, legal, and social equality, the book seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and legitimacy.
Keywords: citizens, legitimacy of law, democratic legitimacy, equality, political equality, legal equality, social equality Table of Contents
Introduction
1.
Law's Legitimacy and Democracy
2.
Political Equality and Majority Rule
3.
Legal Equality
4.
Social Equality (I): The Contours of Social Equality
5.
Social Equality (II): Luck Egalitarianism and Its Limits
6.
Conclusion
Bibliography
Index
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