Legitimation durch Verfahren – Was bleibt?

Research output: Contribution to journalArticle

Electronic versions

Documents

  • 2020 Machura Legitimation durch Verfahren accepted version

    Accepted author manuscript, 190 KB, PDF document

    Embargo ends: 6/12/20

DOI

In 1969, Niklas Luhmann published his book ”Legitimation durch Verfahren”
(Legitimation by Procedure), which was widely quoted in German-speaking
countries. This book soon provoked a fierce debate. Contrary to the established
view, Luhmann stated that institutions produce their own legitimacy with
the social mechanism of procedures, regardless of the intentions of the parties.
Nowadays, empirical research has shown that procedural fairness is pivotal for the acceptance of decisions and for the legitimacy of the authorities. Even more, The behaviour of the people representing the authority is of paramount importance.
The article argues that to elicit legitimation, procedures must demonstrate
that they are fairly conducted. The development can be characterized as from
legitimation by procedure to legitimation by fair procedure.

Keywords

  • Legitimation, Legitimation by procedure, procedural justice, Niklas Luhmann, Sociology of Law, Sociological theory, Court procedure
Original languageGerman
Pages (from-to)331-354
Number of pages18
JournalSoziale Systeme
Volume22
Issue number1-2
DOIs
Publication statusPublished - 6 Jun 2020

Research outputs (2)

  • Published

    Legitimation

    Research output: Chapter in Book/Report/Conference proceedingEntry for encyclopedia/dictionary

  • Published

    Fairneß und Legitimität

    Research output: Book/ReportBook

View all

View graph of relations