ID | 56598 |
Sort Key | 4
|
FullText URL | |
Author |
Hidetomi, Omori
Graduate School of Humanities and Social Sciences, Okayama University
|
Abstract | 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.
|
Note | 論説 (Article)
|
Publication Title |
Okayama Law Journal
|
Published Date | 2019-03-19
|
Volume | volume68
|
Issue | issue3-4
|
Publisher | 岡山大学法学会
|
Publisher Alternative | The Association of Law of Okayama University
|
Start Page | 926
|
End Page | 879
|
ISSN | 0386-3050
|
NCID | AN00033040
|
Content Type |
Departmental Bulletin Paper
|
OAI-PMH Set |
岡山大学
|
language |
English
|
File Version | publisher
|
Refereed |
True
|
NAID | |
Eprints Journal Name | olj
|