Okayama Law Journal
Published by The Association of Law of Okayama University

Liberty and the Rule of Law in Two Strands of Republicanism

大森 秀臣 岡山大学大学院社会文化科学研究科
Republicanism has been divided into two strands, neo-Athenian and neo-Roman. This division, unlike others, is made in its historical origin. These strands are distinctive in their own conceptions of liberty: neo-Athenians view liberty as self-government while neo-Romans it as non-domination. Accordingly they have different views of the relationship between liberty and the rule of law: neo-Athenians see it as circular while neo-Romans as constitutive. Their views give us new perspectives and make us conscious of their defects as well; neo-Athenians cannot expel domination from selfgoverning politics while neo-Romans cannot show that legal rule protecting non-domination has its own public legitimacy. However, they prove to be complementary and give rich resources for our debate over the rule of law.
論説 (Article)