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What Is The Correctness Principle of Legitimacy?
What Is The Correctness Principle of Legitimacy?
The decision is legitimate if and only if it is the correct decision. The evaluation of correctness
is going to be in terms of a standard that is objective, at least relative to the individuals who
are making this choice. The decision is illegitimate if it is incorrect.
A decision is legitimate if and only if it is the right decision. But the problem is that people
disagree about what the right decision is. Which means that they can reasonably reject that
decision. If a person can reasonably reject some decision or even some method of making a
decision, they are not going to be obligated to obey it.
What is fair proceduralism?
As long as the procedure is okay, the outcome would be okay. Therefore, It does not matter
what are the intrinsic qualities of the outcome. This means that there is no sensibility to the
quality of the outcome of a given procedure, then what Truly matters is the quality of a
procedure which needs to be a fair procedure. For example, that all candidates had the same
opportunities for running of office. The problem with this view is that many people could have
objections to this view of proceduralism and thus the outcome of the same procedure so it
would lack legitimacy.
What does Estlund mean by “legitimacy”?
The general criterion of legitimacy holds that the legitimacy of laws is not adequately
established unless it can be defended on grounds it would be unreasonable to object to.
Therefore, legitimacy requires the possibility of reasons that are not objectionable to any
reasonable citizen. This criterion is liberal in its respect for conscientious disagreement, that
will be called the liberal criterion of legitimacy.
Fair Proceduralism
This theory states that a procedure has legitimacy if and only if it is a fair
procedure whose decision was made by majoritarian rule.
But electing a president, from two candidates, by a coin flip is also fair. There
would be a 50% chance for each. But the problem with this view is that it
might be objectionable for a lot of people.
Fair Deliberative Proceduralism
Inputs are not merely to be tallied; they are first to be considered and
accommodated by other participants, and, likewise, revised in view of the
arguments of others. To allow this there must be indefinitely many rounds of
entering inputs into the deliberative process.
Rational Deliberative Proceduralism