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LegitimacyThe State and Beyond$
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Wojciech Sadurski, Michael Sevel, and Kevin Walton

Print publication date: 2019

Print ISBN-13: 9780198825265

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780198825265.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 July 2021

Conceptions of Public Reason in the Supranational Sphere and Legitimacy beyond Borders

Conceptions of Public Reason in the Supranational Sphere and Legitimacy beyond Borders

Chapter:
(p.161) VIII Conceptions of Public Reason in the Supranational Sphere and Legitimacy beyond Borders
Source:
Legitimacy
Author(s):

Wojciech Sadurski

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198825265.003.0009

This chapter contends that legitimacy beyond the state should be understood, given the democratic deficit of supranational authorities, as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. It recommends a public reason conception of legitimacy. This conception is not John Rawls’s view of public reason in the supranational sphere, but is Supranational Public Reason sensu stricto, which is found in the legitimating strategies of supranational bodies such as the European Court of Human Rights. Overall, the chapter criticizes Rawls’s account of public reason as a conception of legitimacy in the supranational sphere.

Keywords:   legitimacy, political obligation, public reason, supranational authority, John Rawls, European Court of Human Rights

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