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Exercising Public Authority Beyond the State: Transnational Democracy and/or Alternative Legitimation Strategies?

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Exercising Public Authority Beyond the State: Transnational Democracy and/or Alternative Legitimation Strategies?
Author(s)Delbruck, Jost
AbstractThe historic record shows that we have moved from the legitimation of public authority based on one generally accepted concept–legitimacy by metaphysical myths or the will of God–to a variety of legitimation concepts and strategies. This diversification of legitimacy concepts clearly reflects the increasing refinement and sophistication of governmental structures as well as the growing social pluralism in the modernizing individual societies. The preceding analysis has also shown that in modern state theory and practice no catch-all concept of legitimacy is prevalent. Although an increasing number of states adhere to democracy as the basis of legitimate government, other criteria of legitimacy are also applied, partly concurrently, partly in competition with one another. It appears to be justified to postulate that, in view of the pluralism of public authorities beyond the state, the pursuance of different concepts and strategies of legitimation is an adequate response to the challenge of legitimizing global public authority. From a theoretical point of view, this maybe problematic, but from a pragmatic point of view, an “all-or-nothing” approach appears to be neither politically feasible nor in the interest of the gradual and effective formation of legitimate global governance. The ultimate goal remains: a rule of law-based and at least partially democratized global order of peace and justice
IssueNo1
Pages29-44
ArticleAccess to Article
SourceIndiana Journal of Global Legal Studies
VolumeNo10
PubDateWinter 2003
ISBN_ISSN1080-0727

Systems, Legitimacy and Law

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