Shugurov, M. V..
Philosophical-Legal Concept of the Legitimacy of Law: Prospects for the Development
// Philosophy and Culture. – 2015. – № 1.
– P. 116-133.
Read the article
Abstract: The article is devoted to the analysis of the role of philosophy of law in overcoming the contemporary crisis
of legitimacy. In this regard, it is important to discuss the legal idea of the legitimacy of law. The author’s analysis is
initially based on the need to turn the philosophical-legal concept of the legitimacy of law into a system. In his article
Shugurov proves that conceptualization of the phenomenon of the legitimacy of law can be a promising vector of
the development of modern philosophy of law. It is quite obvious that all legitimacy forms are important within the
framework of the legitimate social order but the legitimacy of law becomes especially important because it allows
the social order to have stable frames and at the same time clarifies social and individual meaning of existence. The
research methodology is based on a detailed analysis of different approaches to the phenomenon of the legitimacy
of law. Moreover, the author also analyzes the definition ‘legitimacy’ from the point of view of philosophy of law and
political philosophy using the comparative approach. In addition, Shugurov examines the legitimacy of law in terms
of transformations in law caused by globalization processes. The novelty of the article is caused by the author’s conclusion
that the target of modern philosophy of law is to create a system approach to the mechanisms of legitimacy
and overcome the gaps caused by globalization processes. Consequently, theories of philosophy of law have a certain
influence on the development of practical solutions. Shugurov also proves that the legitimacy of law is generally an
extralegal phenomenon described by both the systems of law and law institutions from the point of view of the common
sense and related legal provisions.
Keywords: legitimacy, legality, power, law, social order, globalization, submission to law, crisis of legal awareness, legal order, legal values.
Sadurski, W. Equality and Legitimacy. Oxford: Oxford University Press, 2008. (250 pp.).
Röhl, K. F., Machura, S. Procedural Justice. Burlington: Ashgate, 1997. (240 pp.).
May, L., Morrow, P. Procedural Justice. Burlington: Ashgate, 2012. (513 pp.).
Murphy, K., Tyler, T.R., Curtis, A. Nurturing Regulatory Compliance: Is Procedural Justice Effective When People Question the Legitimacy of Law? // Regulation & Governance, 2009. Vol. 3(1). R. 1 –26.
Rawls, J. Justice as Fairness: A Restatement. Cambridge: Harvard Uni-versity Press, 2001. (214 pp.).
Lukas, H. M. (ed.) Legitimacy, Justice and Public International Law. Cambridge: Cambridge University Law? 2009. (333 pp.).
Jackson, J., Bradford, B., Hough, M., Mihil, A., Quinton, P., Tyler, T. Why Do People Comply with the Law? Legitimacy and the Influence of Legal In-stitutions // British Journal of Criminology, 2012. Vol. 52(6). R. 1051 – 1071.
Kochel, T.R. Can Police Legitimacy Promote Collective Efficacy? // Jus-tice Quarterl y,