Aleksenko, A.V. The concept of legitimating of political and legal decisions of the N. Luhmann

Abstract: The article is devoted to one of the most important concepts of a German classic sociologist N.Luhmann, which was formulated in such books as Legitimation durch Verfahren (Legitimation via the Procedure), Rechtssoziologie (Sociology of law) è Politische Soziologie (Political sociology). Under this concept the legitimacy of norms of law, as established by the state, can be evaluated by the level of recognition and acceptance of these norms, as expected from an individual by a number of third persons. This result is based on the symbolically represented possibility of physical force and by the participation of people in political and legal procedures, such as judicial process and elections. The concept by N.Luhmann is compared with the concept of legitimation by Jurgen Habermas, which in turn points out the role of rational element in recognition of the offi cial decisions by the people. The article is interesting from the standpoints of political science, sociology of law, as well as of the history of state and law.

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