The Concept of Legitimacy

Abstract I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy. It is not secondary to justice and only necessary because we cannot agree about justice; instead, it is a necessary feature of actual human social practices, which must be implemented via practitioners’ discretion in changing contexts.