Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.
Jose Luis Marti is Associate Professor of Law at Pompeu Fabra University, Barcelona
Introduction: Law and Republicanism - Mapping the Issues ; I. REPUBLICAN LEGAL THEORY ; 1. Law and Liberty ; 2. Cosmopolitan Republicanism and the Rule of Law ; II. REPUBLICAN LAW ; A. REPUBLICAN CONSTITUTIONAL LAW ; 3. Republicans, Rights and the Constitutions: Is Judicial Review Compatible with Republican Self-Government ; 4. The Republic of Reasons: Public Reasoning, Depoliticization, and Non-Domination ; B. REPUBLICAN CRIMINAL LAW ; 5. The Republican Democratization of Criminal Law and Justice ; 6. Republicanism and Crime ; 7. Tough On Punishment: Criminal Justice, Deliberation, and Legal Alienation ; C. REPUBLICAN INTERNATIONAL LAW ; 8. The Republican Foundations of International Law ; 9. Ubi Ius, Ibi Civitas: A Republican Account of the International Community ; 10. Multilateral Dimensions of Republican Thought ; 11. Alternative Visions of a New Global Order: What Should Cosmopolitans Hope For? ; III. NATIONAL REPUBLICANISMS AND THE LAW ; 12. The 'defense republicane': Some Remarks about the Specificity of French Republicanism ; 13. French Republicanism and the European Union ; 14. On Republican Constitutionalism in the Age of Commerce: Reflections from the Scottish Enlightenment
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