Beyond the Republican Revival

Non-Domination, Positive Liberty and Sortition

Eric Ghosh (University of New England, NSW, Australia)

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English

Hart Publishing
28 July 2022

Systems of law; Constitutional & administrative law

This is the first book-length treatment of both the non-positive- and the positive-liberty strands of the republican revival in political and constitutional theory. The republican revival, pursued especially over the last few decades, has presented republicanism as an exciting alternative to the dominant tradition of liberalism.

The book provides a sharply different interpretation of liberty from that found in the republican revival, and it argues that this different interpretation is not only historically more faithful to some prominent writers identified with the republican tradition, but is also normatively more attractive. The normative advantages are revealed through discussion of some central concerns relating to democracy and constitutionalism, including the justification for democracy and the interpretation of constitutional rights.

The book also looks beyond republican liberty by drawing on the republican device of sortition (selection by lot). It proposes the use of large juries to decide bill-of-rights matters. This novel proposal indicates how democracy might be reconciled with constitutional review based on a bill of rights. Republicanism is not pitted against liberalism: the favoured values and institutions fit with liberal commitments.

By: Eric Ghosh (University of New England NSW Australia)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509944668
ISBN 10: 1509944664
Pages: 256
Publication Date: 28 July 2022
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

1. Introduction I. Introduction II. Positive-Liberty Republicanism III. Non-Positive-Liberty Republicanism IV. Political and Constitutional Theory V. Chapter Outline VI. Conclusion PART I LIBERTY AS NON-DOMINATION 2. Pettit’s Narrative of the Eclipse of Republican Liberty I. Introduction II. Pettit’s Account III. Price IV. Lind V. Bentham VI. Paley VII. Tracking Liberty as Non-Domination Aft er 1785 VIII. Conclusion 3. Skinner’s Republican and Liberal Liberty I. Introduction II. Skinner’s Account of Republican Liberty III. Examining Skinner’s Republican Liberty IV. Skinner’s (and Pettit’s) Interpretation of Liberal Liberty V. Conclusion 4. The Challenge of Liberty as Non-Interference I. Introduction II. Pettit’s Analytical Account III. Kramer’s Critique and Two Challenges to Liberty as Non-Domination IV. The Distinctiveness of Liberty as Non-Domination V. The Damage Caused by Arbitrary Power and Looking Beyond Liberty VI. Public Domination, Democracy and Constitutionalism VII. Conclusion 5. Vindicating Liberty as Non-Domination I. Introduction II. Priceian Liberty as Non-Domination III. Applicability of Chapter Four’s Challenges to Liberty as Non-Domination IV. The Assumption of Likely Interference V. Applying Priceian Liberty as Non-Domination VI. Conclusion PART II POSITIVE LIBERTY 6. Positive-Liberty Dimensions in the Republican Revival I. Introduction II. Negative and Positive Liberty in Nineteenth- and Twentieth-Century Political Thought III. A Classification of Conceptions of Liberty and its Application to Pettit and Skinner IV. Positive-Liberty Dimensions in Historical Writing V. Conclusion 7. Michelman’s Republicanism I. Introduction II. The Republican Tradition and Positive Liberty III. The Contemporary Appeal of Positive Liberty IV. Constitutional Implications of Republican Liberty V. Returning to the Historical Writers VI. Conclusion PART III SORTITION 8. A Citizens’ Court: Foundations I. Introduction II. The Republican Tradition and Constitutional Juries III. Assessing Institutional Arrangements IV. Deliberative Polls and the Counter-Majoritarian Difficulty V. Conclusion 9. A Citizens’ Court: The Proposal I. Introduction II. The Proposal III. A Comparison with Sortition in Parliament IV. A Comparison with Strong-Form Judicial Review V. Zurn’s Critique VI. Conclusion 10. Conclusion

Eric Ghosh is Senior Lecturer in Law at the University of New England, NSW, Australia.