Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on states’ (...) discretion with respect to admission. Reducing domination requires, rather than removing all immigration restrictions or democratically justifying them to all, that there be certain constraints on states’ freedom to control migration: giving migrants a publicly secured status somewhat analogous to that enjoyed by citizens, subjecting migration controls to higher legal regulation, and making immigration policies and decision contestable by those who are subject to them. (shrink)

Social liberals and liberal nationalists often argue that cosmopolitans neglect the normative importance of state sovereignty and self-determination. This paper counter-argues that, under current global political and socio-economic circumstances, only the establishment of supranational institutions with some (limited, but significant) sovereign powers can allow states to exercise sovereignty, and peoples? self-determination, in a meaningful way. Social liberals have largely neglected this point because they have focused on an unduly narrow, mainly negative, conception of state sovereignty. I contend, instead, that we (...) should more closely consider the positive aspects of sovereignty, understood as the capacity to maintain internal problem-solving capacities and make meaningful discretionary choices on a range of national issues. (shrink)

A number of recent articles have invoked the republican ideal of non-domination to justify either open borders, and/or the reduction of states’ discretionary powers to unilaterally determine immigration policy. In this paper, I show that such arguments are one-sided, as they fail to fully account for the deep ambiguity of the very ideal which they invoke. In fact, non-domination lends just as powerful support to maintaining state border controls as it does to dismantling them. There are only two exceptions to (...) the rule. It is well established that promoting non-domination demands, one the one hand, that refugees be admitted, and second, that all migrants have a right to contest decisions concerning their own admission. But aside from these things, the policy implications of the ideal are unclear. In itself, therefore, it is insufficient to justify either open borders, or the reduction of states said discretionary powers. Such arguments will have to rely on other, additional moral criteria. -/- . (shrink)

Freedom is among the central values in political philosophy. Freedom also features heavily in normative arguments in ethics, politics, and law. Yet different sides often invoke freedom to establish very different conclusions. Some argue that freedom imposes strict constraints on state power. For example, when promoting public health, there is a limit on how far the state can interfere with individual freedom. Others, in contrast, argue that freedom is not just a constraint but also an important goal of state power (...) and collective action. Good public health policy, for example, promotes people’s freedom. Of course, different arguments often draw on different theories of freedom. So, to evaluate such arguments, we need to analyze these different theories and their implications and assess their plausibility. -/- The broadly liberal tradition views freedom as being about external options. Such theories typically start with an account of when someone has a specific freedom or unfreedom to do something. For example, some argue that only a narrow set of interpersonal interferences count as constraints on freedom. Others argue that a far broader set of factors, including ill health and natural constraints, can reduce one’s freedom. -/- Since the 1980s and 1990s, scholarship has increasingly recognized that to use liberal freedom in normative arguments, one must move beyond specific freedom and unfreedom. Most laws and policies both subtract and add specific freedoms. What matters is how a person’s freedom is affected overall. Philosophers and economists have thus engaged in intricate debates about how to measure overall freedom. Moreover, policies and law affect not only one person at one point in time but also multiple persons across time. So, liberal freedom-based arguments also require distributive criteria for intertemporal and interpersonal distributions of freedom. -/- In the early 21st century, republicanism has developed into a prominent alternative to liberal theories. Republicans argue that being a free person is not just, or not even primarily, about liberal option-freedom. Freedom requires being free from dominating power. Republicans and liberals have engaged in a lively debate on who offers the better theory. In developing the republican ideal, republicans also engage in intramural debates. For example, is domination primarily an interpersonal or structural phenomenon? And what economic institutions does republicanism imply? -/- Theorizing around freedom has become richer and moved from narrower questions regarding specific freedom and unfreedom to overall freedom and to republican theories of nondomination. But recent theorizing also seeks to extend its focus and scope. Historically, theorizing started with the freedom of able-bodied male citizens within nation states. Recent theorizing shifts the focus to include issues around gender, disability, freedom at the international level, and the freedom of nonhuman animals and future generations. Beyond fascinating implications of existing theories, a more inclusive focus is likely to also yield important lessons on how current theories can be improved. (shrink)

Most politically minded Kurds agree that their people need liberty. Moreover, they agree they need liberation from the domination they suffer from the four states that divide them: Turkey, Syria, Iraq, and Iran. What is less certain is the precise nature of this liberty. A key debate that characterizes Kurdish political discourse is over whether the liberty they seek requires the existence of an independent Kurdish nation-state. Abdullah Öcalan, the jailed intellectual leader of the Kurdistan Workers’ Party, has argued that (...) Kurdish liberty can only be achieved through liberation from the nation-state model itself. Instead of founding an independent Kurdistan, Öcalan proposes regional autonomy for the Kurds through a strictly egalitarian and directly democratic confederalism reminiscent of Murray Bookchin’s anarchist-inspired libertarian municipalism. We argue, in response to Öcalan’s approach, that employing an anarchist rejection of the state is largely mistaken. We diagnose certain historical and conceptual problems with the anarchist understanding of the state and develop the admission made in passing by certain anarchists, including Öcalan, that anarchist liberty could only be achieved after a long period of statist existence. Mostly counter to the anarchist model of non-domination, we propose a republican model of liberty and liberation, also as non-domination, that necessitates the formation of an independent state, at least in this historical period, for Kurds and hence any dominated people to count as truly free. We conclude by attempting to combine certain elements of the anarchist and republican conceptions and offer a synthetic communitarian view that could serve as a better foundation for Kurdish aspirations for liberty. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 8, Page 1174-1196, October 2022. Most politically minded Kurds agree that their people need liberty. Moreover, they agree they need liberation from the domination they suffer from the four states that divide them: Turkey, Syria, Iraq, and Iran. What is less certain is the precise nature of this liberty. A key debate that characterizes Kurdish political discourse is over whether the liberty they seek requires the existence of an independent Kurdish nation-state. Abdullah Öcalan, (...) the jailed intellectual leader of the Kurdistan Workers’ Party, has argued that Kurdish liberty can only be achieved through liberation from the nation-state model itself. Instead of founding an independent Kurdistan, Öcalan proposes regional autonomy for the Kurds through a strictly egalitarian and directly democratic confederalism reminiscent of Murray Bookchin’s anarchist-inspired libertarian municipalism. We argue, in response to Öcalan’s approach, that employing an anarchist rejection of the state is largely mistaken. We diagnose certain historical and conceptual problems with the anarchist understanding of the state and develop the admission made in passing by certain anarchists, including Öcalan, that anarchist liberty could only be achieved after a long period of statist existence. Mostly counter to the anarchist model of non-domination, we propose a republican model of liberty and liberation, also as non-domination, that necessitates the formation of an independent state, at least in this historical period, for Kurds and hence any dominated people to count as truly free. We conclude by attempting to combine certain elements of the anarchist and republican conceptions and offer a synthetic communitarian view that could serve as a better foundation for Kurdish aspirations for liberty. (shrink)

This article argues that economic crises are incompatible with the realisation of non-domination in capitalist societies. The ineradicable risk that an economic crisis will occur undermines the robust security of the conditions of non-domination for all citizens, not only those who are harmed by a crisis. I begin by demonstrating that the unemployment caused by economic crises violates the egalitarian dimensions of freedom as non-domination. The lack of employment constitutes an exclusion from the social bases of self-respect, and from a (...) practice of mutual social contribution crucial to the intersubjective affirmation of one’s status. While this argument shows that republicans must be concerned about economic crises, I suggest a more powerful argument can be grounded in the republican requirement that freedom must be robust. The systemic risk of economic crisis constitutes a threat to the conditions of free citizenship that cannot be nullified using policy mechanisms. As a result, republicans appear to be faced with the choice of revising their commitments or rejecting the possibility that republican freedom can be robustly secured in capitalist societies. (shrink)

In Europe and other regions of the world public debate concerning how many immigrants should be admitted, which rights those admitted should have, and which conditions can be required for access to citizenship is intense and enduring, and these have increasingly become central electoral issues. On the one hand, the harsh treatment of migrants is often a matter of public criticism; on the other hand, states are concerned about problems of welfare, security and social unrest that they have come to (...) associate with large-scale migration. At its most fundamental level, this debate concerns the question of how best to balance particularist principles of democratic self-determination and state sovereignty and universalist principles of individual freedom and human rights. The articles in this special issue examine whether the concept of domination can cast a distinctive light on the normative issues arising in this tension between state sovereignty and universal principles with respect to migration and the position of non-citizens in contemporary liberal democratic states. These issues arise both externally insofar as foreigners are subject to migration controls, and internally insofar as migrants live in states of which they are not full members. The issue thus examines the potential of domination as a concept to bring to bear on issues of migration controls, differential residence statuses and access to membership. (shrink)

The paper assesses the questions if and, if yes, how the republican conception of free statehood can and should inform a compelling understanding of a legitimate post-Westphalian political order. To answer these questions, it, first, reconstructs the foundational arguments of republican internationalists in favour of free states and, second, assesses the points of contention republican cosmopolitans raise. Third, it develops an alternative approach, a republicanism of plural polities: Based on a relational and multi-dimensional understanding of citizenship, the paper questions the (...) strong internationalist reliance on the citizenship-state-nexus and on statehood in general, but also takes issue with cosmopolitans’ neglect of the boundedness of democratic self-determination. A republicanism of plural polities as a multi-perspectival approach to democratic institution-building in and beyond the state is open to constellations of plural polities of different forms and on different political levels while simultaneously recognising the particularity of each ‘free polity’. It thereby adds a new dimension to debates on the political forms legitimate institutions can assume under post-Westphalian conditions and opens avenues for research on inter-polity relations, on more complex constellations of self-rule and shared rule as well as of multilateral decision-making, on sovereignty and independence. The latter are exemplified by reference to the European context. (shrink)

Contemporary egalitarian political philosophy has become increasingly interested in the ways the international order may protect or undermine states’ capacities to deliver domestic egalitarianism. This paper draws on Miriam Ronzoni’s helpful discussion of the various different ways in which both philosophical and practical commitments can move beyond a contrast between a world of closed societies and a cosmopolis to explore how successful the theorizing prompted by that interest has been. Problems scholars like Peter Mair and Wolfgang Streeck have suggested the (...) EU faces also suggest that there are difficulties views like Ronzoni’s have to overcome to usefully orient us towards the threats posed by the interactions between domestic and international politics. These problems can be usefully framed by what the intellectual historian István Hont called jealousy of trade and used to understand debates between members of what is commonly understood as the republican tradition, especially in the eighteenth century. Jealousy of trade revolves around the way that international economic competition intensifies international political competition, requiring the restructuring of domestic politics to ensure the survival of the state, which then further intensifies international economic competition. The ways of navigating and controlling the increasing costs of an increasingly belligerent international order eighteenth century political theorists found help illustrate the challenges contemporary internationalising egalitarians face. Isaac Nakhimovsky’s work on Johann Gottlieb Fichte’s closed commercial state is, I argue, specially useful given the similarity of some of Fichte’s commitments to those of contemporary internationalising egalitarians. (shrink)

Arbitrary state and corporate powers are helping to turn the Internet into a global surveillance dragnet. Responses to this novel form of power have been tepid and ineffective. Liberal critiques of surveillance are constrained by their focus on privacy, security and the underlying presupposition that freedom consists only of freedom from interference. By contrast, (post)Foucauldian critiques rejecting liberalism have been well rewarded analytically, but have proven incapable of addressing normative questions regarding the relationship between surveillance and freedom. Quite apart from (...) these debates, neorepublicans have excavated a third concept of freedom, understood as non-domination. Could neorepublicanism overcome the limitations of liberal and (post)Foucauldian critiques of surveillance? We argue, positively, that neorepublicanism can accommodate much of the (post)Foucauldian analyses while also incorporating a normative critique of surveillance vis-à-vis freedom. We further argue, negatively, that surveillance power has outstripped the capacities of traditional republican institutional responses to domination. We conclude by considering ways in which neorepublicanism can be recalibrated to address the novelty of surveillance power while adhering to the ideal of non-domination. Two ways of addressing the problem are proposed: an offensive, dedicated surveillance antipower and a defensive republican amplification of privacy. (shrink)

Monarchy is liberalism’s little secret. Given the number of articles and books appearing every year dealing with liberal democracy as the hallmark of contemporary Western societies, it is astonishing that monarchy is rarely ever mentioned despite the fact that monarchy, and not a republic, is the constitutional form of quite a number of Western liberal states. I argue that considering the political reality of the established monarchies in Europe leads into a dilemma: either contemporary liberalism is not the kind of (...) theory it claims to be or it has to reconsider its central tenets. In conclusion, I show that the dilemma cannot be solved or avoided but needs to be embraced by conceiving liberalism not as a applied moral theory but as a political theory that leaves room for various symbolic self-understandings and acknowledges the crooked timber of historical realities. (shrink)

Republicanism is an approach within political theory that seeks to secure the values of political liberty and non-domination. Yet, in historical practice, early modern republics developed empires and secured their liberty through policies that dominated others. This contradiction presents challenges for how neo-Roman theorists understand ideals of liberty and political freedom. This article argues that the historical practices of slavery and empire developed concurrently with the normative ideals of republican liberty. Republican liberty does not arise in the absence of power (...) but is inherently connected to the exercise of power. (shrink)

Abstract:Recently, republicans have been increasingly arguing that the ideal of nondomination can ground both a more plausible account of global justice and better insights for global institutional design than liberal egalitarianism does. What kind of global institutions, however, does nondomination require? The essay argues that a global institutional blueprint based on the republican ideal of nondomination is a multifaceted endeavor. Republican institutions should aim to fulfill three different desiderata: 1) avoiding excessive concentration of power; 2) bringing informal asymmetrical power under (...) institutional control; 3) furthering an active, vigilant citizenry. The three desiderata often pull in different directions. At the global level in particular, they do not converge on a verdict over whether we should switch to a cosmopolitan institutional order, stick to a world of states, or opt for something altogether different. As a result, there is no straightforward pathway leading from the vindication of nondomination as the central principle of global justice to a clear vision for a global institutional order. The issue is, instead, a matter of careful balancing. (shrink)

Abstract‘Counterspeech’ is often presented as a way in which individual citizens can respond to harmful speech while avoiding the potentially coercive and freedom-damaging effects of formal speech restrictions. But counterspeech itself can also undermine freedom by contributing to forms of social punishment that manipulate a speaker’s choice set in uncontrolled ways. Specifically, and by adopting a republican perspective, this paper argues that certain kinds of counterspeech candominatewhen they contribute to unchecked social norms that enable others to interfere arbitrarily with speakers. (...) The presence of such domination can pose just as much a threat to freedom of speech as unchecked formal restrictions by threatening an individual’s discursive status, revealing a problem for those who defend counterspeech as a freedom-protecting alternative. Rather than rejecting both counterspeech and legislation outright, however, this paper argues that the republican principle ofparsimonyought to be exercised when deciding on appropriate harmful speech response. While the principle of parsimony allows for suitably-checked formal punishment for some of the most egregious forms of harmful speech, citizen-led counterspeech must be guided by a reliable set of norms against the use of social punishment where those who do engage in social punishment face certain costs. The presence of robust, widely-known, and reliable norms thus supports both formal and informal responses to harmful speech while maintaining a secure discursive status for all. (shrink)

Neorepublicanism holds that domination is the foremost political evil. More, it claims to be able to address today’s most pressing issues. It follows that neorepublicanism should, then, speak to questions of migration, membership, and domination. However, this is not the case. Some critical voices inspired by the idea of non-domination arrive at interesting critiques of migration, membership, and domination, but their answers are often partial and in some ways problematic. They are also largely ahistorical. The contemporary paucity of neorepublican reflections (...) on migration contrasts sharply with its centrality in republican history. In the US, from the colonial period until late into the 19th century, some republicans understood the domination of migrants and citizens as conjoined concerns. They developed a robust account of the relationship between domestic domination and exclusionary migration regimes. They conceptualized the republic as a global asylum where membership is based on volitional allegiance, and they vigorously defended the right of aliens to expatriate. Those ideas were ultimately defeated by aristocratic, oligarchic, and statist forces. This article explicates that history through a genealogical account of what I call ‘insurgent republicanism’. The article then returns to contemporary theorization to diagnose its limitations, continuities, and potentials as seen from the perspective of the insurgent republican tradition. (shrink)

This research uses a normative approach to examine the relationship between basic income and migration. The decisive variable is the effect of labour automation, which increases economic insecurities globally, leaving some nation states in a position to cope with this and others not. The insecurities will increase migratory pressures on one hand but also justify the introduction of basic income on a nation state level on the other. The normative guideline is the republican conception of freedom as non-domination. This is (...) used to justify a basic income, analyse how labour automation creates dominating structures and how borders dominate migrants seeking to move to countries which introduce a basic income. The result is that nation states that introduce a basic income to counter internal domination through labour automation, also have to look outside of their nation state. The imposition of borders in order to keep a basic income sustainable as well as labour automation itself, establish a form of domination over less developed countries and thus demand international regulation. (shrink)