Abstract

Republicans have traditionally opposed democracy, arguing that rule by a majority is a form of despotic or lawless rule, and liberalism due to its emphasis on private goods over public projects and shared or public interests. Today, however, republicanism is associated with certain kinds of ‘democratic’ institutions and deliberative practices, whereas democracy is considered a means of assuring significant liberal protections for individual freedom. This chapter examines the link between republicanism and the nature of law. It describes at least two separate complexes of constitutional prescriptions that can be found in republican thought: the classical complex that can be seen in various forms in Rome and Athens. It argues that modern republicans endorse institutions that are different from those advocated by their classical forbearers because they have a different understanding of society and social conflict, and traces this difference to ‘social ontology’. The chapter also contends that a republican notion of the common good depends at least in part on what is believed to be the greatest danger or threat to the republic.