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)

According to republican theory, we are free persons to the extent that we are protected and secured in the same fundamental choices, on the same public basis, as one another. But there is no public protection or security without a coercive state. Does this mean that any freedom we enjoy is a superficial good that presupposes a deeper, political form of subjection? Philip Pettit addresses this crucial question in On the People's Terms. He argues that state coercion will not involve (...) individual subjection or domination insofar as we enjoy an equally shared form of control over those in power. This claim may seem utopian but it is supported by a realistic model of the institutions that might establish such democratic control. Beginning with a fresh articulation of republican ideas, Pettit develops a highly original account of the rationale of democracy, breathing new life into democratic theory. (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 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)

"Political Ideas in the Twentieth Century", Historical Inevitability", "Two Concepts of Liberty", "John Stuart Mill and the Ends of Life". These four essays deal with the various aspects of individual liberty, including the distinction between positive and negative liberty and the necessity of rejecting determinism if we wish to keep hold of the notions of human responsibility and freedom.

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks a (...) theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

Civic Republicanism is a valuable critical introduction to one of the most important topics in political philosophy. In this book, Iseult Honohan presents an authoritative and accessible account of civic republicanism, its origins and its problems. The book examines all the central themes of this political theory. In the first part of the book, Honohan explores the notion of historical tradition, which is a defining aspect of civic republicanism, its value and whether a continued tradition is sustainable. She also discusses (...) the central concepts of republicanism, how they have evolved, in what circumstances civic republicanism can be applied and its patterns of re-emergence. In the second part of the book, contemporary interpretation of republican political theory is explored and question of civic virtue and participation are raised. What is the nature of the common good? What does it mean to put public before private interests and what does freedom mean in a republican state? Honohan explores these as well as other questions about the sustainability of republican thought in the kind of diverse societies we live in today. Civic Republicanism will be essential reading for students of politics and philosophy. (shrink)

Commodities and Capabilities presents a set of inter-related theses concerning the foundations of welfare economics, and in particular about the assessment of personal well-being and advantage. The argument presented focuses on the capability to function, i.e. what a person can do or can be, questioning in the process the more standard emphasis on opulence or on utility. In fact, a person's motivation behind choice is treated here as a parametric variable which may or may not coincide with the pursuit of (...) self-interest. Given the large number of practical problems arising from the roles and limitations of different concepts of interest and the judgement of advantage and well-being, this scholarly investigation is both of theoretical interest and practical import. (shrink)

He has an astonishing range, and in this book he expands it still further. More than a mere introduction, Made with Words offers a coherent and well-argued picture of most of the main components of Hobbes's wide-ranging philosophy.

How do we know when one person or society is 'freer' than another? Can freedom be measured? Is more freedom better than less? This book provides the first full-length treatment of these fundamental yet neglected issues, throwing new light both on the notion of freedom and on contemporary liberalism.

The Machiavellian Moment is a classic study of the consequences for modern historical and social consciousness of the ideal of the classical republic revived by Machiavelli and other thinkers of Renaissance Italy. J.G.A. Pocock suggests that Machiavelli's prime emphasis was on the moment in which the republic confronts the problem of its own instability in time, and which he calls the "Machiavellian moment." After examining this problem in the thought of Machiavelli, Guicciardini, and Giannotti, Pocock turns to the revival of (...) republican thought in Puritan England and in Revolutionary and Federalist America. He argues that the American Revolution can be considered the last great act of civic humanism of the Renaissance. He relates the origins of modern historicism to the clash between civic, Christian, and commercial values in the thought of the eighteenth century. (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)

The first of three volumes of essays by Quentin Skinner, one of the world's leading intellectual historians. This collection includes some of his most important philosophical and methodological statements written over the past four decades, each carefully revised for publication in this form. In a series of seminal essays Professor Skinner sets forth the intellectual principles that inform his work. Writing as a practising historian, he considers the theoretical difficulties inherent in the pursuit of knowledge and interpretation, and elucidates the (...) methodology which finds its expression in his two successive volumes. All of Professor Skinner's work is characterised by philosophical power, limpid clarity, and elegance of exposition; these essays, many of which are now recognised classics, provide a fascinating and convenient digest of the development of his thought. (shrink)

Jeremy Bentham was a British philosopher, jurist, and social reformer. He is regarded as the founder of modern utilitarianism.

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)

v. 1. Regarding method -- v. 2. Renaissance virtues -- v. 3. Hobbes and civil science.

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

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.

In his provocative book Matthew Kramer offers a systematic theory of freedom that challenges most of the other major contemporary treatments of the topic.

Cogent, engaged, accessible, and indeed exhilarating, this new book will appeal to readers of history, politics, and philosophy at all levels from upper-undergraduate upwards, and provides an excellent introduction to the work of one of the ...

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)

Joseph Priestley (1733-1804) was arguably the most important English theorist to focus on the issue of political liberty during the English Enlightenment. His concept of freedom is of crucial importance to two of the major issues of his day: the right of dissenters to religious toleration, and the right of the American colonists to self-government. Priestley's writings lack a modern edition and this new collection will be the first to render accessible his Essay on First Principles, The Present State of (...) Liberty and the Letter of Advice. An introduction and notes, and guides to further reading and key figures in the text provide the student with all the material necessary for approaching Priestley. (shrink)

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

How did the value of freedom become so closely associated with the institution of the market? Why did the idea of market freedom hold so little appeal before the modern period and how can we explain its rise to dominance? In The Invention of Market Freedom, Eric MacGilvray addresses these questions by contrasting the market conception of freedom with the republican view that it displaced. After analyzing the ethical core and exploring the conceptual complexity of republican freedom, MacGilvray shows how (...) this way of thinking was confronted with, altered in response to, and finally overcome by the rise of modern market societies. By learning to see market freedom as something that was invented, we can become more alert to the ways in which the appeal to freedom shapes and distorts our thinking about politics. (shrink)

Richard Price (1723-1791) was an eminent Welsh philosopher and Dissenting Minister. His political pamphlets won him considerable fame in the eighteenth century as a supporter of the American rebels in their struggle for independence, and for the enthusiasm with which he greeted the opening events of the French Revolution. It was this enthusiasm that provoked Edmund Burke into writing "Reflections on the Revolution of France." Price is noteworthy as a defender of freedom of thought (especially on religious matters), as a (...) proponent of parliamentary reform, and as an advocate of a minimalist conception of government. He espoused the doctrine of natural rights and the principle of self-government. This book is a collection of Price's most important pamphlets of the period 1759-1789, and is accompanied by a comprehensive introduction putting Price's work in context, complete bibliographical material, a chronology, and bibliographic notes on persons mentioned in the texts. (shrink)

This dissertation argues for an interpretation of liberty in terms of non-domination rather than non-interference, that non-domination can work as an independent criterion of political legitimacy, and that non-domination includes an approximation of equality in socioeconomic goods. In the first part, four theories of liberty and power – those of Kant, Locke, J. S. Mill and H. Taylor, and Wollstonecraft – are analyzed. It is concluded that Locke and Wollstonecraft, and Mill and Taylor partly, but not Kant, offer non-domination oriented (...) conceptions of liberty. It is also tentatively argued that this has repercussions for their ideas on sex equality. In the second part a systematic discussion is offered in support of the three aims of the disseration. Non-domination is a socially radical, but not republican value. A distinction is made between liberty and freedom; “liberty” is normative and “freedom” empirical. One’s freedom can be restrained without one’s liberty being infringed, which typically would be the case where there is interference but no relation of dominance. Non-domination addresses asymmetrical relations of power and is inherently egalitarian. One’s liberty is infringed to the extent an agent has the power to interfere with one, whether interference actually takes place or not. Non-domination works as a twofold criterion of legitimacy: A legitimate state furthers non-domination between citizens under the circumstances of certain constitutional restrictions. The absence of vulnerability to the interference of others that non-domination requires, has to be institutionally secured. One aspect of dominance is the socioeconomic relation between people, and an approximation of socioeconomic equality will therefore be a political concern. (shrink)

Stimulating and thought-provoking," A Brief History of Liberty" offers readers a philosophically-informed portrait of the elusive nature of one of our most ...

A major philosophical mind in his day, William Paley wrote in a lucid style that made complex ideas more accessible to a wide readership. This work, first published in 1785, was based on the lectures he gave on moral philosophy at Christ's College, Cambridge. Cited in parliamentary debates and remaining on the syllabus at Cambridge into the twentieth century, it stands as one of the most influential texts to emerge from the Enlightenment period in Britain. An orthodox theologian, grounding his (...) utilitarian ethics in strong religious faith, Paley held notably progressive views on issues of toleration and the slave trade. His perspicuity prompted one contemporary to remark that the book 'presents a subject which has always been considered as harsh and difficult, in the most agreeable and intelligible form … we sit down to be informed of our duty, and are surprised to meet with amusement'. (shrink)

There has recently been a good deal of interest in the republican tradition, particularly in the political conception of freedom maintained within that tradition. I look here at the characterisation of republican liberty in a recent work of Quentin Skinner1and argue on historical and conceptual grounds for a small amendment—a simplification—that would make it equivalent to the view that freedom in political contexts should be identified with nondomination.