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Republican DemocracyLiberty, Law and Politics$
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Andreas Niederberger and Philipp Schink

Print publication date: 2013

Print ISBN-13: 9780748643066

Published to Edinburgh Scholarship Online: May 2014

DOI: 10.3366/edinburgh/9780748643066.001.0001

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The Tension between Law and Politics in the Modern Republican Tradition

The Tension between Law and Politics in the Modern Republican Tradition

(p.5) Chapter 1 The Tension between Law and Politics in the Modern Republican Tradition
Republican Democracy

Marco Geuna

Edinburgh University Press

This chapter examines the modern republican tradition and how thinkers from Niccolò Machiavelli to the authors of The Federalist conceived of the relationship and inevitable tensions between law and politics. It first provides an overview of the modern republican tradition, the various theoretical strands within it and contemporary modern neo-republicanism. It then proceeds with a discussion of how modern republicans thematise the relationship between law and politics, along with the ideas of contemporary neo-republican thinkers about the modern republican tradition. It also considers the research program initiated by the studies of Philip Pettit and Quentin Skinner, namely, Republicanism: A Theory of Freedom and Government (1997) and Liberty before Liberalism (1998), respectively. The chapter concludes by proposing a republican political theory that addresses the reality of pluralism and highlights points of conflict.

Keywords:   law, Niccolò Machiavelli, politics, neo-republicanism, Philip Pettit, Quentin Skinner, Liberty before Liberalism, political theory, pluralism, conflict

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