Beyond Legitimacy. Can Proceduralism Say Anything Relevant About Justice?

Critical Review of International Social and Political Philosophy 15 (2):183-200 (2012)
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Abstract

Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to a scheme of cooperation interact? (3) How should the costs and benefits produced by cooperation be distributed? Legitimacy concerns (1), whereas justice applies to (2) and (3). Although the appropriateness of proceduralism is debatable in relation to (3), it seems well equipped to address the justice-related question in (2). And it does so by focusing on the inherent moral acceptability of the way in which persons are treated by the procedures through which they interact.

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Citations of this work

The Threat of Algocracy: Reality, Resistance and Accommodation.John Danaher - 2016 - Philosophy and Technology 29 (3):245-268.
Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
Assessing the global order: justice, legitimacy, or political justice?Laura Valentini - 2012 - Critical Review of International Social and Political Philosophy 15 (5):593-612.
Deciding the demos: three conceptions of democratic legitimacy.Ludvig Beckman - 2019 - Critical Review of International Social and Political Philosophy 22 (4):412-431.

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References found in this work

Political Liberalism.John Rawls - 1993 - Columbia University Press.
The Morality of Freedom.Joseph Raz - 1986 - Oxford, GB: Oxford University Press.
Political Liberalism.J. Rawls - 1995 - Tijdschrift Voor Filosofie 57 (3):596-598.
Justification and legitimacy.A. John Simmons - 1999 - Ethics 109 (4):739-771.

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