Equality and Legitimacy

Hardcover | June 11, 2008

byWojciech Sadurski

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This book examines the relationship between the idea of legitimacy of law in a democratic system and equality, conceived in a tripartite sense: political, legal, and social. Exploring the constituent elements of the legal philosophy underlying concepts of legitimacy, this book seeks todemonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy by tracing and examining the conceptions of equality in political, legal, and social dimensions. In the sphere of political equality this book argues that the best construction of equality in a democratic system - which resonates with the legitimizing function of majority rule - is that of equality of political opportunity. It is largely procedural, but those procedures represent importantsubstantive values built into a majoritarian system. In the sphere of legal equality it argues that a plausible conception of non-discrimination can be constructed through a "reflective equilibrium" process, and should reject a thoughtless assumption that the presence of some particular criteria ofdifferentiations necessarily taints a legal classification as discriminatory. Finally, the chapters on social equality explore, in some detail, the currently influential, and presumptively attractive, "luck egalitarianism": the idea that social equality calls for neutralizing the disparate effectsof bad brute luck upon a person's position in society.

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This book examines the relationship between the idea of legitimacy of law in a democratic system and equality, conceived in a tripartite sense: political, legal, and social. Exploring the constituent elements of the legal philosophy underlying concepts of legitimacy, this book seeks todemonstrate how a conception of democratic legitima...

Wojciech Sadurski is Professor of Legal Theory and Philosophy of Law in the European University Institute in Florence, and also professor of Legal Philosophy in the University of Sydney. He has written extensively on philosophy of law, political philosophy and constitutional theory.

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Format:HardcoverDimensions:250 pages, 9.21 × 6.14 × 0.83 inPublished:June 11, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199545170

ISBN - 13:9780199545179

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Table of Contents

Introduction1. Law's Legitimacy and DemocracyLegitimacy of Law and the "Service Conception" of AuthorityAuthority and Identification of Valid Law"Service Conception" and DemocracyJustification and Obligation"Democracy without Values"?"Democracy without values" in the constitutional senseConclusion2. Political Equality and Majority RuleMajority Rule and legitimacy: a Shortcut Link?Majority Rule and Intensity of PreferencesVote Trading and EqualityMajority Rule, Unanimity and Equal RespectMajority Rule an the "Aggregation of Wills"Outcomes and Procedures: "Detached" and "Dependent" Conceptions of DemocracyEquality of Influence, of Impact, and of Political OpportunityEquality of Political Opportunity and Majority RuleConclusion3. Legal EqualityEquality before and in the LawEquality in Law: A Non-Negotiable, Fundamentally Ambiguous IdealThe "No Differential Treatment" StandardPer se Theories and Immutable CharacteristicsRelevance, Circularity, and Levels of ScrutinySuspectness and DiscriminationConclusion4. Social Equality (I): The Contours of Social EqualitySocial Equality: Individualized and Collective"Natural and Social Lottery"Self-Ownership and the "Extensions" of a Right over One's BodySelf: Thick and ThinCommon Pool of Natural Abilities?Conclusion5. Social Equality (II): Luck Egalitarianism and Its LimitsLuck and Responsibility in "Luck Egalitarianism"Luck Egalitarianism and Moral Intuitions about EqualityEquality of Resources, of Welfare, and the Status of PreferencesPersons, Circumstances and Talents in Luck EgalitarianismResources and Welfare: Shortening the GapHow Egalitarian is Luck Egalitarianism?