Legitimation durch Verfahren – Was bleibt?
Research output: Contribution to journal › Article › peer-review
Electronic versions
Documents
- 2020 Machura Legitimation durch Verfahren accepted version
Accepted author manuscript, 190 KB, PDF document
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.
(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
Translated title of the contribution | Legitimation by Procedure – What Remains? |
---|---|
Original language | German |
Pages (from-to) | 331-354 |
Number of pages | 18 |
Journal | Soziale Systeme |
Volume | 22 |
Issue number | 1-2 |
DOIs | |
Publication status | Published - 6 Jun 2020 |
Research outputs (5)
- Published
Laypeople’s Attitudes towards and Experiences with the Law
Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review
- Accepted/In press
Legitimation
Research output: Chapter in Book/Report/Conference proceeding › Chapter
- Accepted/In press
Recht
Research output: Chapter in Book/Report/Conference proceeding › Chapter
Prof. activities and awards (1)
The process is the punishment “Anatomie of a Fall” in the context of the courtroom drama genre
Activity: Talk or presentation › Invited talk
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