The material conditions of non-domination: Property, independence, and the means of production

While it is a point of agreement in contemporary republican political theory that property ownership is closely connected to freedom as non-domination, surprisingly little work has been done to elucidate the nature of this connection or the constraints on property regimes that might be required as a result. In this paper, I provide a systematic model of the boundaries within which republican property systems must sit and explore some of the wider implications that thinking of property in these terms may have for republicans. The boundaries I focus on relate to the distribution of property and the application of types of property claims over particular kinds of goods. I develop this model from those elements of non-domination most directly related to the operation of a property regime: (a) economic independence, (b) limiting material inequalities, and (c) the promotion of common goods. The limits that emerge from this analysis support intuitive judgments that animate much republican discussion of property distribution. My account diverges from much orthodox republican theory, though, in challenging the primacy of private property rights in the realization of economic independence. The value of property on republican terms can be realized without private ownership of the means of production.

Republican Theory and the EU: Emergency Laws and Constitutional Challenges

The COVID-19 pandemic has raised many intriguing questions both in the EU and globally, from the critical task of safeguarding lives to technical legal issues about competences to regulate health as well as the boundaries of emergency laws. This paper is interested in the connection between non-domination theory and the EU’s constitutional structure in the context of emergency laws. A key theme of the paper is that risk and emergencies are nothing new in an EU context, but concepts used by the legislator in a wide range of policy areas which give rise to a number of constitutional challenges. The paper sketches out the main characteristics of non-domination and republication theory and addresses the question of how and why the notion of non-domination may be useful for understanding the EU constitutionalism venture in the framework of risk and emergency laws.

Applying Neo-Republican Theory to Welfare to Work Practices: Rules and Arbitrary Power in Mandatory Work Programmes in the Netherlands

Drawing on the neo-republican theory of non-domination and a qualitative case study conducted in three Dutch municipalities, this article explores the extent to which external rules are able to prevent arbitrary power in relationships between welfare officers and work supervisors, on the one hand, and welfare recipients participating in mandatory work programmes, on the other hand. It concludes that external rules were insufficiently implemented in the three municipalities in question. In addition, it found that rules cease to be capable of constraining arbitrary power where institutional contexts themselves are unpredictable and insecure. Under these conditions, welfare recipients may seek to avoid risks and act in accordance with the preferences (or their expectation of the preferences) of the welfare officer or work supervisor by playing the role of the ‘good recipient’ instead of relying on available rules of a protective nature or rules that enable them to have a say in their participation in mandatory work programmes.

Criminal Law and Republican Liberty: Philip Pettit’s Account

Philip Pettit has made central to modern republican theory a distinctive account of freedom—republican freedom. On this account, I am not free solely because I can make choices without interference. I am truly free, only if that non-interference does not itself depend on another’s forbearance (what Pettit calls ‘formal’ freedom). Pettit believes that the principal justification for the traditional focus of the criminal law is that it constitutes a bulwark against domination. I will, in part, be considering the merits of this claim. Is the importance of the orthodox realm of the criminal law solely or mainly explained by the wish to protect people from domination? In short, the answer is that it is not. Across the board, the criminal law rightly protects us equally from threats to what Pettit calls ‘effective,’ as opposed to formal, republican freedom. I will develop my critique of Pettit’s account of criminal law, in part to raise questions about the role of ‘domination’ in political theory, and about whether it poses a significant challenge to liberal accounts of criminal law.

PROSPECTS FOR THE DEVELOPMENT OF PARTICIPATORY BUDGETING IN THE ALTAI REGION

A promising direction for solving the problems of improving life in rural areas is the implementation of the Local Initiatives Support Project, which is the most common and popular practice of initiative budgeting on the whole territory of Russian Federation. The theoretical basis of participatory budgeting is the republican theory of the organization of society and participatory democracy, which assumes a decentralized collective decision-making that affects the life of the community. The article considers the history of the development of participatory budgeting in the world, the Russian Federation and the Altai Region in particular, describes the applied procedure of initiative budgeting, and analyzes the implementation of the Local Initiatives Support Project on the example of the Kosikhinsky district, Altai Region. The performed researches indicate the expansion of the practice of realization the LISP in the Altai Territory. But already at this stage the authors note the need to improve relations between the project participants and suggest using the experience of implementing the adapted methodology developed by the European University in St. Petersburg and the Committee of Civil Initiatives in the cities of Cherepovets (Vologda region) and Sosnovy Bor (Leningrad region) for this purpose.

Theories of the Right of Secession: A Republican Analysis

Republican theorists have paid little attention to the normative problems of secession conflicts. So far, there is no such thing as a democratic republican theory of right of secession (TRS); nor any comprehensive analysis of current TRS has ever been undertaken from a democratic republican point of view. This article tries to fill this second gap as a first step in order to fill that first one. In doing so, it shows how secession conflicts pose threats for two core democratic republican values: freedom and inclusion. The threats are, concretely, those of exclusion, blackmailing minorities, arbitrary permanent majorities, and instability. The article also shows how, due to their respective pro-unionist or pro-secessionist biases, no current TRS seems to be able to handle those threats; and briefly outlines how a democratic republican TRS, based on a non-unilateralist logic, could be developed.