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.

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)

In response to the dominance of liberalism, some theorists have recently embraced the republican model as an attractive alternative. The overriding appeal of these moves seems to be the robust emphasis that forms of republicanism place on citizenship and civic virtue in light of what many commentators see as a decline in the social nature of modern politics. However, many of these discussions about republicanism are inconsistent and fail to capture the essence of a classical republican theory for today's complex (...) modern world. The result is that the ideals and values of classical republicanism have become diluted and misappropriated as they are utilized by both philosophers and politicians without a clear and consistent sense of their historical pedigree and their relevance to the contemporary world. Republicanism in the Modern World develops and extends the theoretical implications of a distinctive republican conception of liberty as non-domination. Building on the recent work of Quentin Skinner and Philip Pettit, Maynor explores the complex interdependent relationship between liberty as non-domination and conflict, citizenship, and civic virtue to develop a modern theory of republicanism. Maynor argues that modern republicanism, inspired and informed by classical versions, can be the basis for a renewed effort to rejuvenate the political ideals and institutions of the modern democratic nation-state. This book will be invaluable to students and scholars in politics, political philosophy and international relations. (shrink)

This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this 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 what the implementation of the ideal would imply for substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of relations between state and society founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology. (shrink)

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)

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

This article by David Miller is widely considered a standard defense of the (once) conventional view on immigration restrictionism, namely that (liberal) states generally have free authority to restrict immigration, save for a few exceptions.

This innovative approach to freedom starts from an account of what we mean by describing someone, in a psychological vein, as a free subject. Pettit develops an argument as to what it is that makes someone free in that basic sense; and then goes on to derive the implications of the approach for issues of freedom in political theory. Freedom in the subject is equated with the person's being fit to be held responsible and to be authorized as a partner (...) in interaction. This book is unique among contemporary approaches - although it is true to the spirit of classical writers like Hobbes and Kant - in seeking a theory that applies to psychological issues of free agency and free will as well as to political issues in the theory of the free state and the free constitution. The driving thesis is that it is only by connecting up the different issues of freedom, psychological and political, that we can fully appreciate the nature of the questions involved, and the requirements for their resolution. The book does not not seek a comprehensive reach just for its own sake, but rather for the sake of the illumination it provides._ _ _A Theory of Freedom_ is a ground-breaking volume which will be of wide interest to scholars and students in political philosophy and political science. (shrink)

Although eighteenth-century Federalists, including James Madison, have been associated with the very contemporary idea of a transnational political order, the argument that the modern state with its centralised authority and supreme power poses a threat to liberty was already a subject of discussions during the period. The American Constitution was intended to establish a new political order, rather than a loose federation or an enlarged state. The Framers were not alone in their preoccupation with a transnational order; the German philosopher (...) Immanuel Kant struggled with the same issues of liberty and security in his political essays. This chapter examines how Madison and Kant grapppled with the problem of transnational order in the context of democracy and republicanism. It looks at the issues addressed by Kant and Madison that are closely related to those discussed today, including diversity, popular sovereignty and political violence. The chapter suggests that Kant and Madison, along with many other republicans of the time, explored the idea of government without resorting to the models of small-scale, ancient republics. (shrink)

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)

This essay argues that the neo-Roman republican principle of "non-domination," as developed in the recent work of Philip Pettit, cannot serve as a single overarching political ideal, because it responds to only one of two important dimensions of concern about human agency. Through critical engagements with several aspects of Pettit's work, ranging from his philosophical account of freedom as "discursive control" to his appropriation of the distinction between dominium and imperium, the essay argues that the idea of domination, which responds (...) to concerns about "control," needs to be supplemented by the idea of usurpation, which responds to questions about "involvement"; and it shows how attention to both domination and usurpation (and to the interaction between them) can shed light on such phenomena as imperialism, slavery, and democracy. (shrink)

Today democracy is both exalted as the "best means to realize human rights" and seen as weakened because of globalization and delegation of authority beyond the nation-state. In this provocative book, James Bohman argues that democracies face a period of renewal and transformation and that democracy itself needs redefinition according to a new transnational ideal. Democracy, he writes, should be rethought in the plural; it should no longer be understood as rule by the people, singular, with a specific territorial identification (...) and connotation, but as rule by peoples, across national boundaries. Bohman shows that this new conception of transnational democracy requires reexamination of such fundamental ideas as the people, the public, citizenship, human rights, and federalism, and he argues that it offers a feasible approach to realizing democracy in a globalized world.In his account, Bohman establishes the conceptual foundations of transnational democracy by examining in detail current theories of democracy beyond the nation-state and offers a deliberative alternative. He considers the importance of communicative freedom in the transnational public sphere, human rights as the normative basis of transnational democracy, and the European Union as a transnational polity. Finally, he examines the relationship between peace and democracy, concluding that peace requires democratization on interacting state and suprastate levels. (shrink)

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)

I propose a principle of non-domination as a benchmark for assessing the justifiability of unequal residence statuses for non-nationals in liberal democracies. This has advantages over the principles of equality and rights alike, in accommodating both the inclusive and exclusive logics of liberal democratic citizenship. Non-domination requires the state to grant upon first admission a degree of inclusion in the social privileges of citizenship that is sufficient to guard against the most severe forms of domination in social relationships. However, as (...) resident non-nationals become more permanent and come to be in relationships open to other, if less severe forms of domination, it requires gradually increasing the degree of inclusion, over time, to protect non-nationals against these forms of domination also, and, finally, eventually giving them access to the sites of political decision-making that contribute to shaping the background conditions for independent action in social relationships. (shrink)