Equality and Legitimacy
By (author) Wojciech Sadurski
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Equality and Legitimacy by Wojciech Sadurski
Book DescriptionThis 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 to demonstrate 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 important substantive 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 of differentiations 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 effects of bad brute luck upon a person's position in society.
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Book DetailsISBN: 9780199545179
(241mm x 163mm x 21mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 1-May-2008
Country of Publication: United Kingdom
Books By Author Wojciech Sadurski
Constitutionalism and the Enlargement of Europe, Hardback (July 2012)
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.
Central and Eastern Europe After Transition, Hardback (August 2010)View all books by Wojciech Sadurski
How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? This book defines and examines various autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area.
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Author Biography - Wojciech Sadurski
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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