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Beyond the Republican Revival

Non-Domination, Positive Liberty and Sortition

By: Eric Ghosh
Media of Beyond the Republican Revival
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Published: 29-10-2020
Format: Hardback
Edition: 1st
Extent: 264
ISBN: 9781509925469
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £60.00
Online price : £54.00
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Loren Epson

About Beyond the Republican Revival

This is the first book-length treatment of both the non-positive- and the positive-liberty strands of the republican revival in political and constitutional theory. The republican revival, pursued especially over the last few decades, has presented republicanism as an exciting alternative to the dominant tradition of liberalism.

The book provides a sharply different interpretation of liberty from that found in the republican revival, and it argues that this different interpretation is not only historically more faithful to some prominent writers identified with the republican tradition, but is also normatively more attractive. The normative advantages are revealed through discussion of some central concerns relating to democracy and constitutionalism, including the justification for democracy and the interpretation of constitutional rights.

The book also looks beyond republican liberty by drawing on the republican device of sortition (selection by lot). It proposes the use of large juries to decide bill-of-rights matters. This novel proposal indicates how democracy might be reconciled with constitutional review based on a bill of rights. Republicanism is not pitted against liberalism: the favoured values and institutions fit with liberal commitments.

Table Of Contents

1. Introduction
I. Introduction
II. Positive-Liberty Republicanism
III. Non-Positive-Liberty Republicanism
IV. Political and Constitutional Theory
V. Chapter Outline
VI. Conclusion

PART I
LIBERTY AS NON-DOMINATION
2. Pettit's Narrative of the Eclipse of Republican Liberty
I. Introduction
II. Pettit's Account
III. Price
IV. Lind
V. Bentham
VI. Paley
VII. Tracking Liberty as Non-Domination Aft er 1785
VIII. Conclusion
3. Skinner's Republican and Liberal Liberty
I. Introduction
II. Skinner's Account of Republican Liberty
III. Examining Skinner's Republican Liberty
IV. Skinner's (and Pettit's) Interpretation of Liberal Liberty
V. Conclusion
4. The Challenge of Liberty as Non-Interference
I. Introduction
II. Pettit's Analytical Account
III. Kramer's Critique and Two Challenges to Liberty as Non-Domination
IV. The Distinctiveness of Liberty as Non-Domination
V. The Damage Caused by Arbitrary Power and Looking Beyond Liberty
VI. Public Domination, Democracy and Constitutionalism
VII. Conclusion
5. Vindicating Liberty as Non-Domination
I. Introduction
II. Priceian Liberty as Non-Domination
III. Applicability of Chapter Four's Challenges to Liberty as Non-Domination
IV. The Assumption of Likely Interference
V. Applying Priceian Liberty as Non-Domination
VI. Conclusion

PART II
POSITIVE LIBERTY
6. Positive-Liberty Dimensions in the Republican Revival
I. Introduction
II. Negative and Positive Liberty in Nineteenth- and Twentieth-Century Political Thought
III. A Classification of Conceptions of Liberty and its Application to Pettit and Skinner
IV. Positive-Liberty Dimensions in Historical Writing
V. Conclusion
7. Michelman's Republicanism
I. Introduction
II. The Republican Tradition and Positive Liberty
III. The Contemporary Appeal of Positive Liberty
IV. Constitutional Implications of Republican Liberty
V. Returning to the Historical Writers
VI. Conclusion

PART III
SORTITION
8. A Citizens' Court: Foundations
I. Introduction
II. The Republican Tradition and Constitutional Juries
III. Assessing Institutional Arrangements
IV. Deliberative Polls and the Counter-Majoritarian Difficulty
V. Conclusion
9. A Citizens' Court: The Proposal
I. Introduction
II. The Proposal
III. A Comparison with Sortition in Parliament
IV. A Comparison with Strong-Form Judicial Review
V. Zurn's Critique
VI. Conclusion
10. Conclusion

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