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Legitimate Expectations, Legal Transitions, and Wide Reflective Equilibrium
| Content Provider | Scilit |
|---|---|
| Author | Green, Fergus |
| Copyright Year | 2017 |
| Abstract | Recent scholarly attention to ‘legitimate expectations’ and their role in legal transitions has yielded widely varying principles for distinguishing between legitimate and non-legitimate expectations. This article suggests that methodological reflection may facilitate substantive progress in the debate. Specifically, it proposes and defends the use of a wide reflective equilibrium methodology for constructing, justifying and critiquing theories of legitimate expectations and other kinds of normative theories about legal transitions. The methodology involves three levels of analysis — normative principles, their theoretical antecedents, and considered judgements about their implications in specific cases — and iteration between these three levels in an effort to ensure coherence. The payoffs from applying this methodology to the legitimate expectations debate are illustrated through a discussion of examples from the existing literature. Some proposed innovations to the methodology, including the incorporation of insights from the ideal/non-ideal theory debate, are likely to be of wider interest to political theorists. |
| Related Links | http://www.degruyter.com/downloadpdf/j/mopp.2017.4.issue-2/mopp-2016-0029/mopp-2016-0029.xml |
| Ending Page | 205 |
| Page Count | 29 |
| Starting Page | 177 |
| ISSN | 21945616 |
| e-ISSN | 21945624 |
| DOI | 10.1515/mopp-2016-0029 |
| Journal | Moral Philosophy and Politics |
| Issue Number | 2 |
| Volume Number | 4 |
| Language | English |
| Publisher | Walter de Gruyter GmbH |
| Publisher Date | 2017-09-26 |
| Access Restriction | Open |
| Subject Keyword | Moral Philosophy and Politics Law Legitimate Expectations Transitions Methodology Reflective Equilibrium Non-ideal Theory Journal: Moral Philosophy and Politics, Issue- 2 |
| Content Type | Text |
| Resource Type | Article |
| Subject | History and Philosophy of Science Sociology and Political Science Philosophy |
