Legitimation durch Verfahren – Was bleibt?
Research output: Contribution to journal › Article › peer-review
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In: Soziale Systeme, Vol. 22, No. 1-2, 06.06.2020, p. 331-354.
Research output: Contribution to journal › Article › peer-review
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TY - JOUR
T1 - Legitimation durch Verfahren – Was bleibt?
AU - Machura, Stefan
N1 - The article appears in 2020 in the journal volume for "2017". There has been a long delay in the journal's production timetable - so I was told.
PY - 2020/6/6
Y1 - 2020/6/6
N2 - In 1969, Niklas Luhmann published his book ”Legitimation durch Verfahren”(Legitimation by Procedure), which was widely quoted in German-speakingcountries. This book soon provoked a fierce debate. Contrary to the establishedview, Luhmann stated that institutions produce their own legitimacy withthe 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 demonstratethat they are fairly conducted. The development can be characterized as fromlegitimation by procedure to legitimation by fair procedure.
AB - In 1969, Niklas Luhmann published his book ”Legitimation durch Verfahren”(Legitimation by Procedure), which was widely quoted in German-speakingcountries. This book soon provoked a fierce debate. Contrary to the establishedview, Luhmann stated that institutions produce their own legitimacy withthe 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 demonstratethat they are fairly conducted. The development can be characterized as fromlegitimation by procedure to legitimation by fair procedure.
KW - Legitimation
KW - Legitimation by procedure
KW - procedural justice
KW - Niklas Luhmann
KW - Sociology of Law
KW - Sociological theory
KW - Court procedure
U2 - 10.1515/sosys-2017-0010
DO - 10.1515/sosys-2017-0010
M3 - Erthygl
VL - 22
SP - 331
EP - 354
JO - Soziale Systeme
JF - Soziale Systeme
SN - 0948-423X
IS - 1-2
ER -