Cosmopolitan Legitimacy

in Jorge Fabra (ed), Jurisprudence in a Globalized World (Edward Elgar 2019)

Oxford Legal Studies Research Paper No. 23/2018

31 Pages Posted: 15 Jul 2018

Date Written: June 19, 2018

Abstract

Is global justice independent of borders? Many theorists take a ‘global view’ of justice and believe that borders are irrelevant to questions of distribution. Others take a ‘political view’ and argue that institutions of self-government divide the world up into different domains of distributive justice. This essay defends the political view by focusing on the issue of the legitimacy of self-governemnt. Imposing one’s own view of social justice on a self-governing political society is a usupration of that society’s functions. It shows lack of respect for its members as citizens. These conclusions folllow from the argument offered by Kant for the priority of ‘constiutional justice’ as a precondition of any just distribution. Legitimacy applies to the international domain in exactly the same way that it does in the domestic case.

Keywords: global justice, transnational law

Suggested Citation

Eleftheriadis, Pavlos, Cosmopolitan Legitimacy (June 19, 2018). in Jorge Fabra (ed), Jurisprudence in a Globalized World (Edward Elgar 2019); Oxford Legal Studies Research Paper No. 23/2018. Available at SSRN: https://ssrn.com/abstract=3198744

Pavlos Eleftheriadis (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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