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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