Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-tj2md Total loading time: 0 Render date: 2024-04-24T03:10:50.900Z Has data issue: false hasContentIssue false

8 - Laws, Norms, and Public Justification: The Limits of Law as an Instrument of Reform

from Part I - Public Reason in Constitutional Courts

Published online by Cambridge University Press:  22 May 2020

Silje A. Langvatn
Affiliation:
University of Bergen and University of Oslo
Mattias Kumm
Affiliation:
New York University and WZB Berlin
Wojciech Sadurski
Affiliation:
University of Sydney and University of Warsaw
Get access

Summary

Critics of public reason liberalism often object that a commitment to the public justification of law is too conservative: It prohibits the passage of controversial reforms. Laws that would promote justice are thwarted by recalcitrant but reasonable citizens. This objection presupposes a popular but empirically false theory of legal regulation on which laws affect behavior primarily through the threat of punishment. Against this position, this chapter argues that laws effectively regulate behavior when they cohere with social norms but are typically ineffective and sometimes counterproductive when they conflict with them. And laws and social norms are stable only when they approximate public justification. So, laws do not possess the autonomy and power that critics of public reason liberalism suppose. Without public justification, justice is difficult to secure and, if secured, is all-too-likely to be fragile.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×