The long republican tradition is characterized by a conception of freedom as non‐domination, which offers an alternative, both to the negative view of freedom as non‐interference and to the positive view of freedom as self‐mastery. The first part of the book traces the rise and decline of the conception, displays its many attractions and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at the sorts of political (...) and civil institutions that would be required in a society in which freedom as non‐domination is systematically fostered. It outlines the causes and policies, the constitutional and democratic forms, and the regulatory controls that a republican state ought to endorse. And it argues for a vision of the state's relation to civil society in which there is no pretence of doing without widespread civility and trust; the argument is that the state ought, at once, to foster and build on such extra‐political foundations. (shrink)

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

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)

Assuming that states will remain a permanent feature of our world, what is the ideal that we should hold out for the international order? An attractive proposal is that those peoples that are already organized under non-dominating, representative states should pursue a twin goal: first, arrange things so that they each enjoy the republican ideal of freedom as non-domination in relation to one another and to other multi-national and international agencies; and second, do everything possible and productive to facilitate the (...) representation of less fortunate peoples in non-dominating states and to incorporate them in a non-dominating international order. This republican ideal stands midway between a utopian ideal of cosmopolitan justice and a sceptical ideal of non-intervention. The article explores its attractions and the broad institutional measures that it would support. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

Immigration restrictions violate the prima facie right of potential immigrants not to be subject to harmful coercion. This prima facie right is not neutralized or outweighed by the economic, fiscal, or cultural effects of immigration, nor by the state’s special duties to its own citizens, or to its poorest citizens. Nor does the state have a right to control citizenship conditions in the same way that private clubs may control their membership conditions.

The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...) on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high. (shrink)

Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

This chapter contains section titled: Rawls's Anti‐Cosmopolitanism Rawls's Ontology of Peoples Reconstructing Rawls's Rejection of Cosmopolitanism Acknowledgments Notes.

The republican tradition seems to have a blind spot about global justice. It has had little to say about pressing international issues such as world poverty or global inequalities. According to the old, if apocryphal, adage: extra rempublicam nulla justitia. Some may doubt that distributive justice (as opposed to freedom or citizenship) is the primary virtue of republican institutions; and at any rate most would agree that republican values have traditionally been realized in the polis not in the (oxymoronic) cosmopolis. (...) The article sketches a republican account of global non-domination which suggests that duties of distributive justice are not bounded to the institutions of a single society. In particular, it argues that republicans have good reasons to seek to curb those global inequalities which underpin what I call capability-denying domination. (shrink)