Legal Republicanism National and International Perspectives

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.

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

1. Samantha Besson and Jose Luis Marti: Introduction: Law and Republicanism - Mapping the IssuesI. Republican Legal Theory2. Philip Pettit: Why the Law Need Not Dominate3. James Bohman: Cosmopolitan Republicanism and the Global Rule of LawII. Republican LawA. Republican Constitutional Law4. Richard Bellamy: The Republican Form of the Constitution5. Iseult Honohan: Republicans, Rights and the ConstitutionB. Republican Criminal Law6. Jose Luis Marti: Legal Republicanism and the Democratization of Criminal Law7. Richard Dagger: Republicanism and Crime8. Roberto Gargarella: Tough On Punishment. Deliberation, Legal Alienation and the Moral CommunityC. Republican International Law9. Cristina Lafont: Alternative Visions of a New Global Order: What Should Cosmopolitans Hope For?10. Mortimer Sellers: The Republican Foundations of International Law11. Samantha Besson: Ubi Ius, Ibi Civitas: A Republican Account of the International Community12. Francis Cheneval: The Multilateral Dimensions of Republican ThoughtIII. National Republicanism and the Law13. Adam Tomkins and Scott Veitch: Republicanism and the Scottish Enlightenment14. Jean-Fabien Spitz: French republicanism: some considerations on its specificity15. Justine Lacroix and Paul Magnette: French Republicanism and European Law