Whither Legitimacy? Legal Authority in the Twenty-First Century

Abstract

My scholarly career has centered around articulating and testing a model of legitimacy-based law and governance. In recent decades, that model has achieved considerable success in shaping the way legal authority is understood and exercised. At the same time the legitimacy of legal, political, and social institutions and authorities has declined, raising questions about the future viability of a legitimacy-based model. In this review, I discuss the ascension and potential decline of legitimacy-based governance and outline alternative models of authority that may emerge in the twenty-first century. Three issues are addressed: whether there are ways to reinvigorate legitimacy-based law and governance; whether social norms, moral values, or ideologies are viable alternative forms of authority; and whether it is better to accept that no single form of authority works best in all situations and theories should focus on identifying the contingencies under which different forms of authority are most desirable. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.