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Law in the Age of Pluralism$
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Andrei Marmor

Print publication date: 2007

Print ISBN-13: 9780195338478

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195338478.001.0001

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Authority, Equality, and Democracy

Authority, Equality, and Democracy

Chapter:
(p.57) CHAPTER 3 Authority, Equality, and Democracy
Source:
Law in the Age of Pluralism
Author(s):

Andrei Marmor (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195338478.003.0003

This chapter shows that considerations of fairness play an essential (but not exclusive) role in the justification of democratic decision procedures. It argues that considerations of fairness form part of a practical authority's legitimacy, and that in the political context, those considerations of fairness entail a principle of equal distribution of political power. It elaborates on the kind of equality which is required in democratic procedures, arguing that different principles of equality should apply to the deliberation and the decision stages of democracy. Finally, the chapter concludes with a few remarks on the possible relations between considerations of fairness and soundness of democratic procedures.

Keywords:   fairness, democratic decision procedures, equality, legitimacy, authority

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