Equality and Legitimacy

ISBN: 9780199545179 出版年：2009 页码：276 Sadurski, Wojciech Oxford University Press

Introduction 1. Law's Legitimacy and Democracy Legitimacy of Law and the "Service Conception" of Authority Authority and Identification of Valid Law "Service Conception" and Democracy Justification and Obligation "Democracy without Values"? "Democracy without values" in the constitutional sense Conclusion 2. Political Equality and Majority Rule Majority Rule and legitimacy: a Shortcut Link? Majority Rule and Intensity of Preferences Vote Trading and Equality Majority Rule, Unanimity and Equal Respect Majority Rule an the "Aggregation of Wills" Outcomes and Procedures: "Detached" and "Dependent" Conceptions of Democracy Equality of Influence, of Impact, and of Political Opportunity Equality of Political Opportunity and Majority Rule Conclusion 3. Legal Equality Equality before and in the Law Equality in Law: A Non-Negotiable, Fundamentally Ambiguous Ideal The "No Differential Treatment" Standard Per se Theories and Immutable Characteristics Relevance, Circularity, and Levels of Scrutiny Suspectness and Discrimination Conclusion 4. Social Equality (I): The Contours of Social Equality Social Equality: Individualized and Collective "Natural and Social Lottery" Self-Ownership and the "Extensions" of a Right over One's Body Self: Thick and Thin Common Pool of Natural Abilities? Conclusion 5. Social Equality (II): Luck Egalitarianism and Its Limits Luck and Responsibility in "Luck Egalitarianism" Luck Egalitarianism and Moral Intuitions about Equality Equality of Resources, of Welfare, and the Status of Preferences Persons, Circumstances and Talents in Luck Egalitarianism Resources and Welfare: Shortening the Gap How Egalitarian is Luck Egalitarianism?