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Philippe Gérard, "Democracy and the Legitimacy of Law", in Law and Power, ed. Tuori, Bankowski and Uusitalo (Liverpool: Deborah Charles Publications, 1997), 175-184: This paper deals with the possible justification, from the point of view of democracy, of the legitimacy claim which is inherent in any legal norm. It suggests that this justification can be found in a rational process of will-formation based on the principles of equality and autonomy which characterise democracy. However, since democracy also implies a context of radical uncertainty within which the legitimacy claims appear as intrinsically disputable, it is argued that the rationality of this will-formation process cannot be assessed in the light of consensual theories of validity. e-mail: gerard@sunstation.fusl.ac.be

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