Dethroning Democratic Legitimacy [book]

Zofia Stemplowska, Adam Swift
2018 Oxford Scholarship Online  
The chapter considers the contributions made by democratic legitimacy and social justice to the question of what may permissibly be enforced. According to the conventional view, democratic decisions forfeit their claim to permissible enforceability only when they are gravely unjust. That view is rejected here as unduly restrictive, with a "balancing" view proposed instead, according to which the two considerations need to be balanced on a case-by-case basis. Both the provenance and the content
more » ... ce and the content of decisions yield pro tanto reasons: which determines the permissibility of enforcement depends on whether we have greater reason in any given case to advance legitimacy or justice. A democratically legitimate law or policy need not be gravely unjust for it to be wrong to enforce it.
doi:10.1093/oso/9780198813972.003.0001 fatcat:lxc5f5e5xnau3pdipxgwojpoei