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Books > Law > Jurisprudence & general issues > Foundations of law
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Beyond the Republican Revival - Non-Domination, Positive Liberty and Sortition (Hardcover)
Loot Price: R3,192
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Beyond the Republican Revival - Non-Domination, Positive Liberty and Sortition (Hardcover)
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This is the first book-length treatment of both the non-positive-
and the positive-liberty strands of the republican revival in
political and constitutional theory. The republican revival,
pursued especially over the last few decades, has presented
republicanism as an exciting alternative to the dominant tradition
of liberalism. The book provides a sharply different interpretation
of liberty from that found in the republican revival, and it argues
that this different interpretation is not only historically more
faithful to some prominent writers identified with the republican
tradition, but is also normatively more attractive. The normative
advantages are revealed through discussion of some central concerns
relating to democracy and constitutionalism, including the
justification for democracy and the interpretation of
constitutional rights. The book also looks beyond republican
liberty by drawing on the republican device of sortition (selection
by lot). It proposes the use of large juries to decide
bill-of-rights matters. This novel proposal indicates how democracy
might be reconciled with constitutional review based on a bill of
rights. Republicanism is not pitted against liberalism: the
favoured values and institutions fit with liberal commitments.
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