Republican freedom depends on laws that constrain power without creating new domination

Evidence

The republican view that the laws create people’s freedom makes sense if freedom consists in non-domination. Good laws may relieve people from domination—may protect them against the resources or dominium of those who would otherwise have arbitrary power over them—without themselves introducing any new dominating force: without introducing the domination that can go with governmental imperium. The political authorities recognized by the laws represent potential dominators, but the recurrent republican idea is that these will themselves be suitably constrained—they will have no arbitrary power over others—under a proper constitution: say, where suitable mechanisms of representation, rotation of office, separation of powers, and the like are in place (Oldfield 1990). While the law necessarily involves interference—while law is essentially coercive—the interference in question is not going to be arbitrary; the legal authorities will be entitled and enabled to interfere only when pursuing the common interests of citizens and only when pursuing these in a manner that conforms to the opinions received among the citizenry. — Philip Pettit, Republicanism, 196

Categorization

• DEFINE: Defines the core republican mechanism: law creates freedom by constraining power non-arbitrarily.
• XREF: This non-domination-freedom framing maps directly onto research on how institutions build trust without out-group enemies — constitutional constraint as positive project. — connects to: Republicanism offers a third way of understanding freedom beyond liberal and populist models — Philip Pettit, Republicanism: A Theory of Freedom and…, 107; Pure majoritarian democracy enables the very arbitrary power republicans oppose — Philip Pettit, Republicanism: A Theory of Freedom and…, 163; Freedom in the republican tradition means non-domination rather than merely non-interference — Philip Pettit, Republicanism: A Theory of Freedom and…, 186 (+4 more)

Broader Connections

• In republican theory, law itself creates freedom rather than merely restricting it #expands (0.90) — Frank Lovett, Republicanism, 53
• On the republican view, non-arbitrary laws do not reduce freedom but can enhance it. #corroborates (0.85) — Frank Lovett, Republicanism, 47
• Freedom as non-domination requires embracing state power rather than fearing it #corroborates (0.85) — Philip Pettit, Republicanism, 389
• Republican freedom can be equated with an extended rule of law #qualifies (0.80) — Frank Lovett, Republicanism, 32