Beyond Legitimacy. Can Proceduralism Say Anything Relevant About Justice?

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

25 Pages Posted: 13 Nov 2013

See all articles by Emanuela Ceva

Emanuela Ceva

University of Pavia, Department of Political and Social Sciences

Date Written: February 22, 2012

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.

Keywords: Proceduralism, justice, legitimaticy, democracy, due process, equal respect

Suggested Citation

Ceva, Emanuela, Beyond Legitimacy. Can Proceduralism Say Anything Relevant About Justice? (February 22, 2012). Critical Review of International Social and Political Philosophy, 15(2), 2012: 183-200, Available at SSRN: https://ssrn.com/abstract=2353254

Emanuela Ceva (Contact Author)

University of Pavia, Department of Political and Social Sciences ( email )

Corso Strada Nuova, 65
27100 Pavia, 27100
Italy

HOME PAGE: http://www-3.unipv.it/webdsps/en/docente.php?id=ceva

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