In republican theory, law itself creates freedom rather than merely restricting it

Evidence

Imagine for a moment there were no system of domestic criminal and civil law. In this case, citizens would not know where they stood with one another; their interrelations would be governed simply by force—which is to say, by the arbitrary whim of the momentarily stronger party. In order to enjoy some degree of republican freedom, therefore, it is absolutely essential to introduce a domestic legal system so as to govern the citizens’ mutual relations (Lovett 2016a). Notice that, on the republican view of freedom, the laws do not merely protect some freedoms at the expense of others (as on the non-interference view), but rather themselves actually introduce or enable that freedom. On this view, only when their interrelations are mutually governed by a system of public and stable rules is it possible for fellow citizens to enjoy some measure of independence from arbitrary rule (Pettit 1989, 1997, 2012; Spitz 1995; Viroli 2002; Dagger 2009). — Frank Lovett, Republicanism, 53

Categorization

• DEFINE: Sharply distinguishes the republican ‘non-domination’ view of freedom from the liberal ‘non-interference’ view — a core conceptual distinction of the whole theory.
• XREF: Contrasts directly with liberal/classical positions (e.g., Berlin’s negative liberty) and connects to Pettit’s body of work on civility and freedom as independence. — connects to: Republican freedom means absence of dependence on arbitrary power, not non-interference. — Frank Lovett, Republicanism, 18; Republican freedom can relate to noninterference in various distinct ways. — Frank Lovett, Republicanism, 29; Republican freedom can be equated with an extended rule of law — Frank Lovett, Republicanism, 32 (+14 more)
• corroborated: 5 independent passages support this claim — Frank Lovett, Republicanism, 53

Related

• Republican freedom depends on laws that constrain power without creating new domination (similarity 0.91)
• Republican freedom can be equated with an extended rule of law (similarity 0.89)
• Laws meant to enhance freedom can themselves create new arbitrary power. (similarity 0.89)
• Republican freedom can relate to noninterference in various distinct ways. (similarity 0.88)
• Restraint by fair law is compatible with freedom, unlike arbitrary sway (similarity 0.88)
• Law that is non-arbitrary does not make citizens unfree (similarity 0.87)
• On the republican view, non-arbitrary laws do not reduce freedom but can enhance it. (similarity 0.87)
• Freedom in the republican tradition means non-domination rather than merely non-interference (similarity 0.86)
• Republican freedom means absence of dependence on arbitrary power, not non-interference. (similarity 0.86)
• The republican tradition prized liberty as non-domination, not democratic participation (similarity 0.86)
• Law can be non-arbitrary and freedom-preserving rather than inherently dominating (similarity 0.86)
• Political freedom is constituted by institutions, not by the absence of actual interference (similarity 0.85)
• Republicanism offers a third way of understanding freedom beyond liberal and populist models (similarity 0.85)
• Freedom means no one holds arbitrary power to interfere with us. (similarity 0.85)
• Republicans held that subjection to another’s arbitrary will itself constitutes unfreedom (similarity 0.85)

Broader Connections

• Restraint by fair law is compatible with freedom, unlike arbitrary sway #corroborates (0.90) — Philip Pettit, Republicanism, 66
• Republicans held that subjection to another’s arbitrary will itself constitutes unfreedom #corroborates (0.85) — Philip Pettit, Republicanism, 1209
• Legal prohibitions against state control create real personal freedoms #corroborates (0.85)
• Political freedom is constituted by institutions, not by the absence of actual interference #corroborates (0.85) — Frank Lovett, Republicanism, 22
• Power creates freedom, not the other way around. #expands (0.80) — Ibram X. Kendi, Stamped from the Beginning, 273
• Laws meant to enhance freedom can themselves create new arbitrary power. #qualifies (0.75) — Frank Lovett, Republicanism, 56