Niklas Luhmann’s Legitimation durch Verfahren explores how modern legal and political systems derive legitimacy not from absolute truths or moral certainties, but through structured procedures. He contrasts the traditional European model, based on hierarchical and substantive concepts of law, with a liberal, procedural approach that enables flexible, adaptive, and systemically integrated decision-making.

Rather than grounding legitimacy in immutable values or consensus, Luhmann argues that contemporary societies rely on the legitimacy of legally structured procedures. These procedures generate acceptance not because they guarantee truth, but because they provide a stable framework within which decisions can be made, understood, and followed. The shift to procedural legitimacy reflects the functional differentiation and increasing complexity of modern society.

From a sociological perspective, Luhmann views legal procedures as social systems that guide communication and reduce complexity by establishing shared expectations. Elections, legislation, and judicial processes serve not merely to discover truth but to stabilize decision-making and coordinate behavior across diverse social actors. The legitimacy of these systems emerges through their routine, personality-independent operation and their capacity to enable social learning and adaptation.

Importantly, Luhmann does not dismiss truth but situates it as one of several symbolic communication media—like power or love—that help manage societal complexity. Truth alone cannot ground legitimacy in complex societies. What matters is that decisions are accepted through transparent, rule-bound processes that individuals recognize as fair, regardless of outcomes.

Ultimately, Legitimation durch Verfahren presents legitimacy as a systemic achievement: a condition that arises from the structure and function of decision-making procedures themselves, rather than from their content. This approach provides societies with both stability and a capacity for evolution, enabling them to address new problems without reverting to rigid moral or hierarchical models.

Source:

Luhmann, N. (1983), Legitimation durch Verfahren, Frankfurt am Main: Suhrkamp.