The very idea of republican human rights, seems paradoxical. My aim in this article is to explore this disjunctive conjunction. One of the distinctive features of republican discourse, both in its civic humanist and neo-Roman variants, is the secondary status that rights are supposed to play in politics. Although the language of rights is not incommensurable with republican political thought, it is supposed to know its place. What can republican categories of political understanding offer for grappling with the challenges of (...) global politics? Many philosophical expressions of human rights today are Kantian or neo-Kantian in inspiration, and as a result they are plagued by the familiar difficulties raised by Kantian approaches to politics in general. In particular, the growing prominence of human rights discourse has led to withering attacks on the appeal to human rights without any effective means of enforcement. Does republicanism offer any resources for rethinking human rights, and in particular, addressing the concern with the often moralistic and depoliticizing nature of human rights talk today? What conception of human rights best promotes freedom as non-domination? Are our practices of human rights effective instruments for minimizing domination? (shrink)

I argue along the following lines: For Wollstonecraft, liberty is independence in two different spheres, one presupposing the other. On the one hand, liberty is independence in relation to others, in the sense of not being vulnerable to their whim or arbitrary will. Call this social, or political, liberty. For liberty understood in this way, infringements do not require individual instances of interfering. Liberty is lost in unequal relationships, through dependence on the goodwill of a master. In addition, liberty is (...) independence of mind, a state I am in when I trust my own reasoned judgement above any other authority. Call this moral liberty. Moral liberty needs social liberty. In other words, to the extent I am subject to the whim of others, I am not in a position to be guided by my own judgement. Moral liberty is one of two aspects of virtue: a disposition to independent deliberation according to reason. As such, virtue is a habit of mind. The second aspect of virtue is universal benevolence as its action guiding principle. This is how liberty, equality, and virtue fit together. Social liberty, understood as independence in relation to others, necessarily coexist with equality, and is necessary for moral liberty, the habit of mind that makes up one aspect of virtue, as well as for universal benevolence as virtue’s action guiding principle. This triad explains her views on property, on sex equality, and also on legitimate government. My second line of argument is that according to Wollstonecraft, we have a duty to be virtuous. Virtue is the main object of human life. But since virtue, in both its aspects, needs social liberty and since liberty is the birthright of man, the duty is conditioned on the right. The foundation for the triad of liberty, equality, and virtue is a theory of rights. The basis for the discussion of virtue is the right to the conditions necessary for its realization. The duty is conditioned on the right to liberty. (shrink)

A structural affinity between republican freedom as non-domination and human rights claims accounts for the relevance of republicanism for cosmopolitan concerns. Central features of republican freedom are its institution dependence and the modal aspect it adds to being free. Its chief concern is not constraint, but the way in which an agent is constrained or not. To the extent I am vulnerable to someone’s dispositional power over me I am not free, even if I am not in fact constrained. Republican (...) freedom adds a substantial element to a justification of human rights in terms of entitlement, rather than mere satisfaction of interests. A satisfied interest is not a satisfied right if the satisfaction is dependent on personal goodwill and can be withdrawn at any time. Like republican freedom, human rights claims add a modal aspect to enjoyment. Both can be violated by institutional arrangement alone and can be secured only within accountable institutions. National borders may well be irrelevant to the dispositional powers to which people are vulnerable. An international set of institutions globalizes those circumstances in which republican liberty arises as a concern. (shrink)

Even long after their formal exclusion has come to an end, members of previously oppressed social groups often continue to face disproportionate restrictions on their freedom, as the experience of many women over the last century has shown. Working within in a framework in which freedom is understood as independence from arbitrary power, Mary Wollstonecraft provides an explanation of why such domination may persist and offers a model through which it can be addressed. Republicans rely on processes of rational public (...) deliberation to highlight and combat oppression. However, where domination is primarily social rather than legal or political (such as where cultural attitudes, traditions and values exert an arbitrary and inhibiting force) then this defence against domination is often negated. Prejudice, she argues, ‘clouds’ people’s ability to reason and skews debate in favour of the dominant powers, thereby entrenching patterns of subjection. If they are to be independent, then, citizens require not only political rights but a platform from which to add their perspectives and interests to the background social values which govern political discussion. (shrink)

It has become a commonplace in neo-republican thinking to claim that if the notion of rights can be allowed a place in republican political theory, it can never achieve the prominence that liberalism allegedly grants it. Philip Pettit’s book, Republicanism, provides several arguments to buttress this thesis. This article aims at examining these arguments in order to show that once properly stated, they must on the contrary be considered as powerful arguments to the effect that republicans take rights very seriously.

This chapter examines the role of law and rights for democracy in the context of republicanism. It considers the neo-republican defense of judicial review and its attempt to secure individual rights, along with the ‘adjudication’ of political and social conflicts in courts, civic equality and the political struggle among citizens as an essential component of republican democracy. It highlights the link between the very nature of a rights claim and a democratic process that ensures political equality and relates this democratic (...) argument for rights to the republican notion of liberty as nondomination. The chapter also discusses liberalism, rights and freedom as non-interference and concludes by arguing that the association of rights and democracy must be actualised within a real democratic process characterised by one person one vote, majority rule and regular elections between rival political parties. (shrink)

Rousseau’s life and his work are notoriously paradoxical. This certainly applies to his work on property which includes one of the most powerful of all denunciations of private property (the Second Discourse) and an affirmation of private property as ‘the most sacred of all citizens’ rights, and in some respects more important than freedom itself’ (in the essay on political economy in the Encyclopedie). In this paper, I explore the reasons for this seeming paradox, focusing upon Rousseau’s twin concerns with (...) inequality (rather than equality) and sincerity. In the end, Rousseau’s treatment is not entirely consistent, but it does make sense. (shrink)