Abstract
This chapter addresses the problem of the justification of democracy. It begins with an investigation of political-legal instrumentalism in general and democratic instrumentalism in particular. This is followed by three sections, each of which presents and discusses the three kinds of democratic non-instrumentalism. The argument here proceeds progressively, in the sense that objections to the first kind of justification (Aristotelian non-instrumentalism) lead to the second kind (justice-first non-instrumentalism), and similarly with the transition from the second to the third kind of non-instrumentalism (Kantian non-instrumentalism). The chapter includes an extra section on Kantian non-instrumentalism, since this justification of democracy is the main contribution of the chapter. It argues that the Kantian justification is a justification of a specific form of democracy, namely, constitutional democracy.
Original language | English |
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Title of host publication | Constitutionalism Justified : Rainer Forst in Discourse |
Editors | Ester Herlin-Karnell, Matthias Klatt |
Number of pages | 29 |
Place of Publication | New York |
Publisher | Oxford University Press |
Publication date | 2020 |
Pages | 235-263 |
Chapter | 11 |
ISBN (Print) | 9780190889050 |
DOIs | |
Publication status | Published - 2020 |