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A Theory of Legitimate Expectations for Public Administration$
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Alexander Brown

Print publication date: 2017

Print ISBN-13: 9780198812753

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780198812753.001.0001

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Responsibility as Contrasted with Justice and Legitimate Authority

Responsibility as Contrasted with Justice and Legitimate Authority

Chapter:
(p.77) 3 Responsibility as Contrasted with Justice and Legitimate Authority
Source:
A Theory of Legitimate Expectations for Public Administration
Author(s):

Alexander Brown

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198812753.003.0003

Section I underscores the differences between the Justice-Based Account and the Responsibility-Based Account of the legitimacy of expectations, and tries to motivate the Responsibility-Based Account as being the superior account based on intuitions about hypothetical cases. Likewise, Section II sets out the important differences between the Legitimate Authority-Based Account and the Responsibility-Based Account, and once again attempts to motivate the Responsibility-Based Account as being the superior account by appealing to intuitions about hypothetical cases. All of the cases I shall discuss abstract from any particular legal doctrines of legitimate expectations that currently exist. The aim here is to get at what is the best theory of the general concept of legitimate expectations. This theory can then be used to critically assess actual legal doctrines.

Keywords:   legitimate expectations, justice, legitimate political authority, responsibility, hypothetical cases

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