Republican Legal Theory: The History, Constitution and Purposes of Law in a Free State

Republican legal doctrine begins with the conviction that the common good of the people provides the only legitimate basis of law, government and the state. The 'republican form of government' has influenced legal innovation since Cicero, and inspired the French and American revolutions, among many others. Developing out of the jurisprudential and constitutional legacy of the Roman res publica, as interpreted over two millennia in Europe and North America, republican legal theory is here given a timely appraisal, with the content of the republican tradition, as well as its modern legal and constitutional importance clarified and examined. Explaining the importance of popular sovereignty, the rule of law, the separation of powers, and other essential checks and balances in safeguarding civil liberty, the author argues that these institutions have introduced a new era of justice into politics.