Legal Republicanism

National and International Perspectives

Edited by Samantha Besson and José Luis Martí

Offers the first overview of the potential influence of republican political theory on the understanding of law
Brings together contributors from political and legal backgrounds to provide a rounded view of a potential republican legal theory
Analyses concrete issues in constitutional, criminal and international law from a republican perspective, offering fresh insights into controversies surrounding substantive law
Includes new contributions from leading figures in political and constitutional theory such as Philip Pettit, Richard Dagger and Adam Tomkins

Legal Republicanism

National and International Perspectives

Edited by Samantha Besson and José Luis Martí

Description

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 analyzes 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.

Legal Republicanism

National and International Perspectives

Edited by Samantha Besson and José Luis Martí

1. Introduction: Law and Republicanism - Mapping the Issues, Samantha Besson and Jose Luis Marti
I. Republican Legal Theory
2. Why the Law Need Not Dominate, Philip Pettit
3. Cosmopolitan Republicanism and the Global Rule of Law, James Bohman
II. Republican Law
A. Republican Constitutional Law
4. The Republican Form of the Constitution, Richard Bellamy
5. Republicans, Rights and the Constitution, Iseult Honohan
B. Republican Criminal Law
6. Legal Republicanism and the Democratization of Criminal Law, Jose Luis Marti
7. Republicanism and Crime, Richard Dagger
8. Tough On Punishment. Deliberation, Legal Alienation and the Moral Community, Roberto Gargarella
C. Republican International Law
9. Alternative Visions of a New Global Order: What Should Cosmopolitans Hope For?, Cristina Lafont
10. The Republican Foundations of International Law, Mortimer Sellers
11. Ubi Ius, Ibi Civitas: A Republican Account of the International Community, Samantha Besson
12. The Multilateral Dimensions of Republican Thought, Francis Cheneval
III. National Republicanism and the Law
13. Republicanism and the Scottish Enlightenment, Adam Tomkins & Scott Veitch
14. French republicanism: some considerations on its specificity, Jean-Fabien Spitz
15. French Republicanism and European Law, Justine Lacroix and Paul Magnette

Legal Republicanism

National and International Perspectives

Edited by Samantha Besson and José Luis Martí

Author Information

Samantha Besson is Professor of Public International Law and European Law at the University of Fribourg, Switzerland José Luis Martí is Associate Professor of Philosophy of Law at Pompeu Fabra University, Barcelona

Contributors:

Samantha Besson, University of Fribourg
Jose Luis Marti, Pompeu Fabra University
Philip Pettit, Princeton University
James Bohman, Saint Louis University
Richard Bellamy, University College, London
Iseult Honohan, University College, Dublin
Richard Dagger, Rhodes College
Roberto Gargarella, University of Torcuato Di Tella
Cristina Lafont, Northwestern University
Mortimer Sellers, University of Baltimore School of Law
Francis Cheneval, University of Zurich
Adam Tomkins, University of Glasgow
Jean-Fabien Spitz, Université de Paris I
Justine Lacroix, Université libre de Bruxelles
Paul Magnette, Université libre de Bruxelles