Restraint by fair law is compatible with freedom, unlike arbitrary sway

Evidence

Being unfree does not consist in being restrained; on the contrary, the restraint of a fair system of law— a non-arbitrary regime—does not make you unfree. Being unfree consists rather in being subject to arbitrary sway: being subject to the potentially capricious will or the potentially idiosyncratic judgement of another. Freedom involves emancipation from any such subordination, liberation from any such dependency. It requires the capacity to stand eye to eye with your fellow citizens, in a shared awareness that none of you has a power of arbitrary interference over another. — Philip Pettit, Republicanism, 66

Categorization

  • DEFINE: The core definitional move: unfreedom as arbitrary domination, not interference per se.
  • corroborated: 2 independent passages support this claim — Philip Pettit, Republicanism: A Theory of Freedom and…, 66
  • XREF: connects to: Republican freedom can be equated with an extended rule of law — Frank Lovett, Republicanism, 32; In republican theory, law itself creates freedom rather than merely restricting it — Frank Lovett, Republicanism, 53; Fixed legal rules beat discretionary state power even when imperfect — Philip Mirowski & Dieter Plehwe (eds.), The Road from Mont Pèlerin: The Making…, 135 (+5 more)

Broader Connections