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A General Theory of Domination and Justice

Frank Lovett

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199579419
eISBN:
9780191722837
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579419.001.0001
Subject:
Political Science, Political Theory

In all societies, past and present, many persons and groups have been subject to domination. Properly understood, domination is a great evil, the suffering of which ought to be minimized as far as ... More


Arbitrariness and Social Conventions

Frank Lovett

in A General Theory of Domination and Justice

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199579419
eISBN:
9780191722837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579419.003.0004
Subject:
Political Science, Political Theory

This chapter considers and rejects hegemony and other form‐based conceptions of domination. It defends instead an arbitrary power conception, according to which one person or group experienced ... More


Welfare to work and the republican theory of non-domination

Anja Eleveld

in Welfare to Work in Contemporary European Welfare States: Legal, Sociological and Philosophical Perspectives on Justice and Domination

Published in print:
2020
Published Online:
September 2020
ISBN:
9781447340010
eISBN:
9781447340164
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447340010.003.0012
Subject:
Economics and Finance, Public and Welfare

This chapter examines how the republican theory of non-domination can be used for a normative analysis of WTW relationships. It is argued that Lovett’s conception of non-domination captures some of ... More


The Court System

Maurizio Viroli

in The Liberty of Servants: Berlusconi's Italy

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151823
eISBN:
9781400840274
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151823.003.0002
Subject:
Political Science, International Relations and Politics

This chapter discusses the court system. When an enormous or arbitrary power establishes itself in a country, the court system is created. A court exists when a person, by virtue of his enormous ... More


The Signs of Servitude

Maurizio Viroli

in The Liberty of Servants: Berlusconi's Italy

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151823
eISBN:
9781400840274
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151823.003.0003
Subject:
Political Science, International Relations and Politics

This chapter explores a number of unmistakable signs that servants can be recognized by. The first is fear. Those who live under the arbitrary power of another man never feels safe, even if they are ... More


‘Arbitrary Power & Popery’ 1685–1688

FRANCES HARRIS

in A Passion for Government: The Life of Sarah, Duchess of Marlborough

Published in print:
1991
Published Online:
October 2011
ISBN:
9780198202240
eISBN:
9780191675232
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202240.003.0005
Subject:
History, British and Irish Modern History

Sarah was one of many who showed no remorse for the death of Charles II as she believed that he merely succumbed to the orders of France and that he was one of those behind the killing of the Whig ... More


The Rule of Law: Freedom, Law, and Justice

T. R. S. Allan

in The Sovereignty of Law: Freedom, Constitution and Common Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199685066
eISBN:
9780191765353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685066.003.0003
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Constitutional law and practice aspire to conform to the rule of law, conceived as a fundamental ideal linked to ideals of liberty and justice. The special value of legality is best understood as ... More


Fidelity in Law’s Commonwealth

Gerald J Postema

in Private Law and the Rule of Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.003.0002
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The rule of law promises protection and recourse against the arbitrary exercise of power. The guiding aim of the rule-of-law ideal is served when law’s rule extends to all forms of power in the ... More


Private Law and the Rule of Law

Lisa M Austin and Dennis Klimchuk (eds)

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Notwithstanding deep points of disagreement, there is a general—albeit largely implicit—consensus among theorists of the rule of law around what we call the public law presumption: the view that the ... More


Domination and the Rule of Law

Assaf Sharon

in Oxford Studies in Political Philosophy, Volume 2

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198759621
eISBN:
9780191821608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198759621.003.0006
Subject:
Philosophy, Political Philosophy

This chapter argues that contemporary republicanism is mistaken in its claim that the rule of law is compatible with individual liberty (understood as non-domination), because it is non-arbitrary. It ... More


How Injustices Harm You

Thomas J. Donahue-Ochoa

in Unfreedom for All: How the World's Injustices Harm You

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190051686
eISBN:
9780190051716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190051686.003.0006
Subject:
Political Science, Political Theory

Chapter 5 mounts the main argument of the book to show that oppression makes everyone unfree. The main ideas are that oppressions are despotic over their victims, that they can endure only if they ... More


Freedom and Nature: A Spinozist Invitation

Susan James

in Spinoza on Learning to Live Together

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198713074
eISBN:
9780191781438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713074.003.0012
Subject:
Philosophy, History of Philosophy

Spinoza offers a way to contest the view that we can only deal with environmental risks by giving up a significant degree of freedom. Unlike other defenders of the republican conception of liberty, ... More


Freedom, Slavery, and the Passions

Susan James

in Spinoza on Learning to Live Together

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198713074
eISBN:
9780191781438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198713074.003.0010
Subject:
Philosophy, History of Philosophy

In his Ethics, Spinoza uses a republican conception of political liberty as a model for a broader theory of philosophical freedom. According to the republican view, we only live freely when we are ... More


Boilerplate: A Threat to the Rule of Law?

Margaret Jane Radin

in Private Law and the Rule of Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.003.0014
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

In today’s USA, transactions between firms and consumers (or businesses in the position of consumers) routinely contain fine-print terms deleting rights to legal remedies against the firm. Remedial ... More


Wollstonecraft and the Properties of (Anti-) Slavery

Laura Brace

in The Social and Political Philosophy of Mary Wollstonecraft

Published in print:
2016
Published Online:
December 2016
ISBN:
9780198766841
eISBN:
9780191821127
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766841.003.0007
Subject:
Philosophy, History of Philosophy, Political Philosophy

This chapter explores some of the connections between Wollstonecraft’s ideas about slavery and property and anti-slavery arguments of the 1790s about slavery as a state of war, the illegitimate ... More


Exit Left: Markets and Mobility in Republican Thought

Robert S. Taylor

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198798736
eISBN:
9780191839504
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198798736.001.0001
Subject:
Political Science, Political Theory

How can citizens best protect themselves from the arbitrary power of abusive spouses, tyrannical bosses, and corrupt politicians? Exit Left makes the case that in each of these three spheres the ... More


Judicial Accountability in Comparative Perspective

Mark Tushnet

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the complex relationship between judicial accountability and judicial independence. If judges are unaccountable to the public, they can become the people's rulers. Yet, if they ... More


Polish Lessons: Backsliding, Sabotage, and the Rule of Law

Martin Krygier

in Constitutionalism under Stress

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198864738
eISBN:
9780191896774
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198864738.003.0006
Subject:
Law, Constitutional and Administrative Law

Why have Kaczyński in Poland and Orbán in Hungary found so apparently easy what Donald Trump, whose power and ambitions are not small and whose motivations appear to tend in similar directions, finds ... More


Unfreedom for All: How the World's Injustices Harm You

Thomas J. Donahue

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190051686
eISBN:
9780190051716
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190051686.001.0001
Subject:
Political Science, Political Theory

It is often said that we live in global systems of injustice. But if so, what are they, and what are their moral consequences? This book offers a theory of global injustice—“Unfreedom for All.” The ... More


Background: After the Storm

Nicholas Jolley

in Toleration and Understanding in Locke

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198791706
eISBN:
9780191837883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198791706.003.0002
Subject:
Philosophy, Political Philosophy, Philosophy of Religion

This chapter explores Locke’s lifelong concern with the issue of toleration against the background of the political and religious crises through which he lived. It is argued that the constancy of ... More


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