Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

Normative reflection on the ethics of migration has tended to remain at the level of abstract principle with limited attention to the practice of immigration administration and enforcement. This paper explores the implications of this practice for an ethics of immigration with particular attention to the problem of bureaucratic domination. I contend that migration administration and enforcement cannot overcome bureaucratic domination because of the inherent vulnerability of migrant populations and the transnational enforcement of border controls by multiple public and private (...) actors. The implication is that even if restrictive immigration policies are permissible in principle, the attempt to enforce them leads to injustices that make them ethically unacceptable in practice. (shrink)

Republicanism and Political Theory is the first book to offer a comprehensive and critical survey of republican political theory. Critically assesses its historical credentials, conceptual coherence, and normative proposals Brings together original contributions from leading international scholars in an interactive way Provides the reader with valuable insight into new debates taking place in republican political theory.

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, it is not moralized. We show that freedom as (...) independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

The republican ideal of non-domination identifies the capacity for arbitrary interference as a fundamental threat to liberty that can generate fearful uncertainty and servility in those dominated. I argue that republican accounts of domination can provide a powerful analysis of the nature of legal and institutional power that is encountered by people with mental disorders or cognitive disabilities. In doing so, I demonstrate that non-domination is an ideal which is pertinent, distinctive, and desirable in thinking through psychological disability. Finally, I (...) evaluate republican strategies for contesting domination, focusing on the limits of contestatory democracy, and proposing a participatory alternative which better addresses problems of political agency in the mentally disordered and cognitively disabled. (shrink)

In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice.

This book explores the relationship between democracy and republicanism, and its consequences; and articulates new theoretical insights into connections between liberty, law and democratic politics.

This chapter explores the relationship between republican democracy and justice by comparing Philip Pettit's notion of neo-republicanism with that of Immanuel Kant. It begins by describing a republican, political conception of justice as nondomination and explaining why the discourse of republicanism and that of theories of justice often remain at odds with one another. It then considers the basis of a republican conception of justice as nondomination and locates it within the principle of justification, along with Pettit's idea of autonomy (...) and respect. It also examines the notions of ‘arbitrariness’ and ‘domination’ as well as Pettit's ‘negative republicanism’ and its emphasis on legally and politically secure freedom of choice. The chapter argues that a Kantian interpretation of modern republicanism is more convincing than Pettit's ‘negative republicanism’. (shrink)

The concept of non-domination is an important contribution to the study of freedom but it does not comprehend the whole of freedom. Insofar as domination requires a conscious capacity for control on the part of the dominant party, it fails to capture important threats to individual freedom that permeate many contemporary liberal democracies today. Much of the racism, sexism and other cultural biases that currently constrain the life-chances of members of subordinate groups in the USA are largely unconscious and unintentional, (...) and they do not always involve control. Although they constitute real barriers to freedom, these forms of influence are not accurately characterized as domination, and they will require different mechanisms to overcome them. To achieve the more capacious freedoms that liberal democracy promises, we will need to go beyond non-domination and to come to terms with the non-sovereign, socially distributed character of human agency. (shrink)

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat (...) the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny. (shrink)

Preface -- Introduction: the scandal of reason and the paradox of judgment -- Political judgment and the vocation of critical theory -- Critical theory: political judgment as ideologiekritik -- Philosophical liberalism: reasonable judgment -- Liberalism and critical theory in dispute -- Judgment unbound: Arendt -- From critique of power to a theory of critical judgment -- The political epistemology of judgment -- The critical consensus model -- Judgment, criticism, innovation -- Conclusion: letting go of ideal theory.

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

The recent revival of civic republicanism has been grounded on a conception of liberty as non-domination. While this avenue of thought holds considerable promise, such a conception of liberty can only be as sound as the underlying concept of domination, and although the term appears frequently in the pages of contemporary political theory, unlike other basic concepts, domination has received remarkably little in the way of serious conceptual analysis. Indeed, one might be tempted to conclude that domination is not a (...) substantive concept at all, but rather mere empty rhetoric. This essay represents an experiment of sorts to see if the concept of domination can indeed withstand sustained philosophical examination; to the extent that it is successful, it can be viewed as a friendly addition or amendment to the work of contemporary republican political theorists. (shrink)

Power is clearly a crucial concept for feminist theory. Insofar as feminists are interested in analyzing power, it is because they have an interest in understanding, critiquing, and ultimately challenging the multiple array of unjust power relations affecting women in contemporary Western societies, including sexism, racism, heterosexism, and class oppression. In "The Power of Feminist Theory," Amy Allen diagnoses the inadequacies of previous feminist conceptions of power, and draws on the work of a diverse group of theorists of power, including (...) Michel Foucault, Judith Butler, and Hannah Arendt, in order to construct a new feminist conception of power. The conception of power developed in this book enables readers to theorize domination, resistance, and solidarity, and, perhaps more importantly, to do so in a way that illuminates the interrelatedness of these three modalities of power. (shrink)

This article develops a civic republican approach to medical ethics. It outlines civic republican concerns about the domination that arises from subjection to an arbitrary power of interference, while suggesting republican remedies to such domination in healthcare. These include proposals for greater review, challenge and pre-authorisation of medical power. It extends this analysis by providing a civic republican account of assistive arbitrary power, showing how it can create similar problems within both formal and informal relationships of care, and offering strategies (...) for tackling it. Two important objections to civic republican medical ethics—that it overvalues independence and political participation in healthcare—are also considered and rebutted. (shrink)

I propose a theory of domination derived from republican political theory that is in contrast to the neo-republican theory of domination as arbitrary interference and domination as dependence. I suggest that, drawing on of the writings of Machiavelli and Rousseau, we can see two faces of domination that come together to inform social relations. One type of domination is extractive dominance where agents are able to derive surplus benefit from another individual, group, or collective resource, natural or human. Another is (...) what I call constitutive domination where the norms, institutions, and values of the community shape the rationality of subjects to accept forms of power and social relations and collective goals as legitimate forms of authority. Each of these make up two faces of a broader theory of social domination that is more concrete and politically compelling than that put forth by contemporary neo-republican theory. I argue that this understanding of domination should be seen as a kind of ‘radical... (shrink)

Some have recently argued that the current generation dominates future generations by causing long-term climate change. They relate these claims to Philip Pettit and Frank Lovett's neorepublican theory of domination. In this paper, I examine their claims and ask whether the neorepublican conception of domination remains theoretically coherent when the relation is between current agents and nonoverlapping future subjects. I differentiate between an ‘outcome’ and a ‘relational’ conception of domination. I show how both are theoretically coherent when extended to posterity (...) but only if we make different definitional and normative choices than those made by Pettit and Lovett. (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)

The first comprehensive analysis of the philosophical issues raised by the hijab controversy in France, this book also conducts a dialogue between contemporary Anglo-American and French political theory and defends a progressive republican solution to so-called multicultural conflicts in contemporary societies. It critically assesses the official republican philosophy of laïcité which purported to justify the 2004 ban on religious signs in schools. Laïcité is shown to encompass a comprehensive theory of republican citizenship, centered on three ideals: equality (secular neutrality of (...) the public sphere), liberty (individual autonomy and emancipation) and fraternity (civic loyalty to the community of citizens). Challenging official interpretations of laïcité, the book then puts forward a critical republicanism which does not support the hijab ban, yet upholds a revised interpretation of three central republican commitments: secularism, non-domination and civic solidarity. Thus, it articulates a version of secularism which squarely addresses the problem of status quo bias - the fact that Western societies are historically not neutral towards all religions. It also defends a vision of female emancipation which rejects the coercive paternalism inherent in the regulation of religious dress, yet does not leave individuals unaided in the face of religious and secular, patriarchal and ethnocentric domination. Finally, the book outlines a theory of immigrant integration which places the burden of civic integration on basic socio-political institutions, rather than on citizens themselves. Critical republicanism proposes an entirely new approach to the management of religious and cultural pluralism, centred on the pursuit of the progressive ideal of non-domination in existing, non-ideal societies. (shrink)

The republican revival in political philosophy, political theory, and legal theory has produced an impressive range of novel interpretations of the historical figures of the republican tradition. It has also given rise to a variety of contemporary neo-republican theories that build on its historical themes. Although there have been some feminist discussions of its historical representatives, neo-republicanism has not generated a great deal of enthusiasm among feminists. The present paper examines Phillip Pettit's theory of freedom as nondomination in order to (...) assess its potential usefulness for those with feminist goals. It defends Pettit's account of interpersonal domination from certain feminist objections, but argues that his account of state domination needs to be amended if it is fully to protect the interests of women and other groups. (shrink)

This study builds on the work of contemporary civic republicans, supplying a detailed analysis of the concept of domination absent in the familiar accounts of political freedom as non-domination.

This chapter examines the neo-republican thesis of the compatibility between freedom and the state under conditions of ‘equally shared control’. It first considers the neo-liberal conception of the relation between freedom and the state as well as the socialist-social-democratic criticism of the neo-liberal understanding of freedom. It then discusses the neo-republicanism of Philip Pettit and the ‘republican thesis’ that freedom and political order are not contradictory to each other. It also analyses Robert Nozick's libertarianism and Friedrich Hayek's liberalism, along with (...) their argument that all actions of a government should be in strict accordance with the rule of law. Furthermore, it looks at the political philosophy of neo-liberalism, the implications of nondomination and the ‘neo-republican thesis’ that even a state's power and interferences can be controlled by its citizens. The chapter concludes by rejecting the thesis that freedom and the state are compatible. (shrink)