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21 Res Publica 1 (2015)

handle is hein.journals/respub21 and id is 1 raw text is: Res Publica (2015) 21:1-18 DOI 10.1007/s11158-014-9257-7 A Republican Theory of Adjudication Frank Lovett Published online: 8 August 2014 © Springer Science+Business Media Dordrecht 2014 Abstract In recent years there has been a revival of interest in civic republican- ism. In light of this revival, it is interesting to consider what sort of theory of legal or judicial adjudication such a doctrine-centered on the value of promoting freedom from domination-would recommend. After discussing the importance of such a theory and clarifying its relationship to broader questions of institutional design, it is argued that theories of adjudication should be assessed according to three criteria: first, their contribution to the republican cause of promoting freedom from domi- nation; second, their suitability to the characteristic features of legal systems; and third, their impact on long-run institutional stability. According to these criteria, a republican theory of adjudication would hold that judges and other legal officials should strive in their decisions and interpretations to maintain and enhance the distinctive value of the rule of law. Keywords Civic republicanism - Adjudication - Rule of law - Legal institutions Stability In recent years, there has been a revival of interest in civic republicanism as a viable contemporary public philosophy or political doctrine. According to this doctrine, we should regard promoting freedom from domination-independence from arbitrary power-as our central, though not necessarily exclusive, political aim.1 In light of this revival, it interesting to consider what sort of normative theory of legal See especially Pettit (1997, 2012), Viroli (2002), Maynor (2003), Laborde and Maynor (2008), and Lovett (2010); or for an overview, Lovett and Pettit (2009). Note that I here distinguish civic or 'neo- Roman' republicanism from the participatory republicanism or 'civic humanism' associated with Hannah Arendt and others. F. Lovett (E) Washington University in St. Louis, One Brookings Drive, Campus Box 1063, St. Louis, MO 63130-4899, USA e-mail: flovett@artsci.wustl.edu I Springer