Jurisprudence in a Globalized World
Show Less

Jurisprudence in a Globalized World

Edited by Jorge L. Fabra-Zamora

Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 10: Cosmopolitan legitimacy

Pavlos Eleftheriadis

Abstract

Is global justice independent of borders? Many theorists take a ‘global view’ of justice and believe that borders are irrelevant to questions of distribution. Others take a ‘political view’ and argue that institutions of self-government divide the world up into different domains of distributive justice. This chapter defends the political view by focusing on the issue of the legitimacy of self-government. Imposing one’s own view of social justice on a self-governing political society is a usurpation of that society’s functions. It shows lack of respect for its members as citizens. These conclusions follow from the argument offered by Kant for the priority of ‘constitutional justice’ as a precondition of any just distribution. Legitimacy applies to the international domain in exactly the same way that it does in the domestic case.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.