This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental (...) reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call `dominion'. (shrink)

Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on states’ (...) discretion with respect to admission. Reducing domination requires, rather than removing all immigration restrictions or democratically justifying them to all, that there be certain constraints on states’ freedom to control migration: giving migrants a publicly secured status somewhat analogous to that enjoyed by citizens, subjecting migration controls to higher legal regulation, and making immigration policies and decision contestable by those who are subject to them. (shrink)

Irregular migrants are morally entitled to a wide range of legal rights, including basic human and civil rights. Therefore, states ought to create a firewall between those charged with protecting and enforcing these rights and those charged with enforcing immigration laws.

The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...) on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high. (shrink)

Suggests that illegal immigrants should be offered a path to citizenship.

For them, citizenship is by definition a matter of treating people as individuals with equal rights under the law. This is what distinguishes democratic citizenship from feudal and other pre-modern views that determined people's political status by ...

Today democracy is both exalted as the "best means to realize human rights" and seen as weakened because of globalization and delegation of authority beyond the nation-state. In this provocative book, James Bohman argues that democracies face a period of renewal and transformation and that democracy itself needs redefinition according to a new transnational ideal. Democracy, he writes, should be rethought in the plural; it should no longer be understood as rule by the people, singular, with a specific territorial identification (...) and connotation, but as rule by peoples, across national boundaries. Bohman shows that this new conception of transnational democracy requires reexamination of such fundamental ideas as the people, the public, citizenship, human rights, and federalism, and he argues that it offers a feasible approach to realizing democracy in a globalized world.In his account, Bohman establishes the conceptual foundations of transnational democracy by examining in detail current theories of democracy beyond the nation-state and offers a deliberative alternative. He considers the importance of communicative freedom in the transnational public sphere, human rights as the normative basis of transnational democracy, and the European Union as a transnational polity. Finally, he examines the relationship between peace and democracy, concluding that peace requires democratization on interacting state and suprastate levels. (shrink)

This book is a collection of eleven essays by one of the most interesting moral philosophers currently writing. It examines challenges to liberal thought posed by the changing circumstances of the modern world such as the conflicting tendencies toward global integration, and greater ethnic and communal identification. The author considers whether liberal principles of justice can accommodate social and global interdependencies while reaffirming the importance of individual responsibility and acknowledging the significance of people's diverse personal and communal allegiances.

Republicanism and Political Theory is the first book to offer a comprehensive and critical survey of republican political theory. Critically assesses its historical credentials, conceptual coherence, and normative proposals Brings together original contributions from leading international scholars in an interactive way Provides the reader with valuable insight into new debates taking place in republican political theory.

This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and (...) makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would imply for substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of relations between state and society founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology. (shrink)

We have two ways of talking about liberty or freedom, one in the singular, the other in the plural. We concern ourselves in the singular mode with how far someone is free to do or not to do certain things, or with how far someone is a free person or not a free person. But, equally, we concern ourselves with the plural question as to how far the person enjoys the liberties that we take to be important or basic. What (...) are those plural liberties, however? What does it take for something to count as a basic liberty? e usual approach to this question is to give a list of some presumptive basic liberties — say, those of thought, speech, and association — and then to add a gestural ‘and so on’. My aim in this paper is to do a little better in elaborating a conception of the sorts of liberties at which the ‘and so on’ gestures. I argue that the basic liberties can be usefully identifi ed as the liberties required for living the life of a free person or citizen and I spell out that requirement in three constraints, which I describe as feasible extension, personal signifi cance and equal co-enjoyment. ere are many candidate sets of basic liberties that might be proposed for protection, whether in general or for a particular society. e claim that I defend is that in order to count as a set of basic liberties, the types of choice protected under any proposal should be capable of being equally enjoyed at the same time by everyone (equal co-enj oyment), should be important in the life of normal human beings (personal signifi cance), and should not be unnecessarily restricted: they should be as extensive as the other constraints allow (feasible extension). e aim of the paper being quite limited, I abstract from many important issues. I do not provide an argument for why it is important that some set of basic liberties be protected, nor do I rate the importance of such protection against other social goals. I say nothing on how far it should be a requirement of democracy that certain sorts of liberties are entrenched—whether constitutionally or otherwise—and how far democratic process should be allowed to vary the specifi - cation and protection of basic liberties.. (shrink)