Republican freedom can be equated with an extended rule of law
Evidence
Broadly speaking, two answers have been proposed. The first defines non-arbitrariness procedurally. Power is not arbitrary, on this view, to the extent that it is reliably controlled by effective rules, procedures, or goals that are common knowledge to all persons or groups concerned (Lovett 2010, 2022). To be reliable and effective, on this view, constraints must be resilient over a wide range of possible changes or modifications in the relevant circumstances. Roughly speaking, the procedural view equates republican freedom with the traditional idea of the rule of law, provided we are willing to extend the latter idea considerably (List 2006; Lovett 2016a). — Frank Lovett, Republicanism, 32
Categorization
- DEFINE: Defines the procedural account of non-arbitrary power and its link to rule-of-law theory.
- corroborated: 5 independent passages support this claim — Frank Lovett, Republicanism, 32
- XREF: connects to: In republican theory, law itself creates freedom rather than merely restricting it — Frank Lovett, Republicanism, 53; On the republican view, non-arbitrary laws do not reduce freedom but can enhance it. — Frank Lovett, Republicanism, 47; Laws meant to enhance freedom can themselves create new arbitrary power. — Frank Lovett, Republicanism, 56 (+10 more)
Related
- Republican freedom depends on laws that constrain power without creating new domination (similarity 0.90)
- In republican theory, law itself creates freedom rather than merely restricting it (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 0.87)
- On the republican view, non-arbitrary laws do not reduce freedom but can enhance it. (similarity 0.86)
- Republican ‘arbitrariness’ means sheer lack of control, not injustice. (similarity 0.86)
- Republican freedom means absence of dependence on arbitrary power, not non-interference. (similarity 0.86)
- Restraint by fair law is compatible with freedom, unlike arbitrary sway (similarity 0.85)
- Law that is non-arbitrary does not make citizens unfree (similarity 0.84)
- Republicanism offers a third way of understanding freedom beyond liberal and populist models (similarity 0.83)
- Law can be non-arbitrary and freedom-preserving rather than inherently dominating (similarity 0.83)
- Freedom in the republican tradition means non-domination rather than merely non-interference (similarity 0.83)
- Freedom means no one holds arbitrary power to interfere with us. (similarity 0.83)
- Republicans held that subjection to another’s arbitrary will itself constitutes unfreedom (similarity 0.82)
- Republican tradition is unified by a distinctive way of conceptualizing liberty (similarity 0.82)
Broader Connections
- In republican theory, law itself creates freedom rather than merely restricting it
#expands(0.95) — Frank Lovett, Republicanism, 53 - On the republican view, non-arbitrary laws do not reduce freedom but can enhance it.
#corroborates(0.95) — Frank Lovett, Republicanism, 47 - Restraint by fair law is compatible with freedom, unlike arbitrary sway
#corroborates(0.93) — Philip Pettit, Republicanism, 66 - Republicans held that subjection to another’s arbitrary will itself constitutes unfreedom
#expands(0.90) — Philip Pettit, Republicanism, 1209 - Republican freedom means absence of dependence on arbitrary power, not non-interference.
#expands(0.88) — Frank Lovett, Republicanism, 18 - Laws meant to enhance freedom can themselves create new arbitrary power.
#qualifies(0.85) — Frank Lovett, Republicanism, 56 - Rule of law makes power context-free and universally mobilizable
#expands(0.80) — Niklas Luhmann, Trust and Power, 673 - Republicans favor large state responsibilities but small discretionary powers
#qualifies(0.78) — Philip Pettit, Republicanism, 688 - Legal prohibitions against state control create real personal freedoms
#corroborates(0.78)