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According to neo-republicans, democracy is morally justified because it is among the prerequisites for freedom as non-domination. The claim that democracy secures freedom as non-domination needs to explain why democratic procedures contribute to non-domination and for whom democracy secures non-domination. This requires an account of why domination is countered by democratic procedures and an account of to whom domination is countered by access to democratic procedures. Neo-republican theory of democracy is based on a detailed discussion of the former but a scant discussion of the latter. We address this lacuna by interpreting the two most influential principles of inclusion, the all-subjected principle and the all-affected principle, in light of neo-republican commitments. The preliminary conclusion is that both principles are able to capture relations of domination between the democratic state and the people controlled by it in the relevant sense. Yet, the state has virtually unlimited powers to control residents, but only limited powers to interfere in the lives of non-residents. Republican aspirations are therefore more in tune with the all-subjected principle according to which only residents in the territory of the state should be granted rights to political participation.
People sometimes argue that democracy is the best type of political regime either because it contributes to human development or because it alone is consistent with equal respect and concern for all citizens. According to neo-republicanism, these reasons are both mistaken. Democracy is justified because it is among the prerequisites for freedom. This is the core of the neo-republican theory of democracy developed and defended by Pettit (1997, 2012). The basic premise of neo-republican democracy is the ideal of freedom as non-domination; following neo-republicanism, democratic rights offset domination by placing the exercise of the public powers of the state under popular control.
We address the political rights of both resident non-citizens and non-residents in neo-republican democracy. In addition, the paper aims to identify a conception of democratic inclusion that is both reasonable and that fits with neo-republicanism. In assessing the reasonableness of principles of democratic inclusion, we take into account recent debates on the all-affected principle and the all-subjected principle (Miller 2009; Näsström 2011; Erman 2014; Valentini 2014; Beckman 2008; Owen 2012). In assessing the fit with neo-republicanism, the picture is less clear-cut as previous writers make conflicting assumptions; some take for granted that freedom of non-domination calls for the inclusion of everyone affected (Schuppert 2014, p. 139; Benton 2014, p. 410), whereas others reason on the premise that only those subject to the state should be included in the neo-republican state (for example Sager 2014; Owen 2014, p. 98). Our position on democratic inclusion should be consistent with both general developments in democratic theory and the basic commitments of neo-republicanism.
Non-interference (and non-frustration) is not necessary for non-domination. There are instances of interference that do not imply domination. Think again of the relation between the state and its subjects. The state usually limits the choices of those subjected to it. It removes and it replaces options by imposing obstacles, penalties and rewards. Does this necessarily lessen the freedom of those subjected to these limitations? Liberals who understand freedom as non-interference think that it does. Neo-republicans who understand freedom as non-domination believe that this is an open question. If state interference is arbitrary (Pettit 2007), uncontrolled (Pettit 2012) or alien (Pettit 2008b) it lessens the freedom of those interfered with. If state interference is controlled by those subjected to it, then it does not lessen freedom (understood as non-domination).Footnote 2
There is, thus, domination without interference and interference without domination. If we are interested in freedom and unfreedom in the exercise of political power, the objective should not be to limit the exercise of political power but to organize the exercise of political power so that domination is limited.
As noted above, interference violates freedom if and only if intentional; freedom as non-domination is concerned with the preconditions for political freedom, not with obstacles of nature. By contrast, law and public power are not forces of nature, but always have as their origin the intended decisions of various agents. Legislation and public policy deliberately seek to regulate the behavior of individuals and organizations in order to achieve identifiable ends. Intentionality is an inherent feature of public power.Footnote 6
On the other hand, it might be held that we need to distinguish between the actual and the potential scope of the legal order. The extra-territorial scope of legal norms in a given legal system may currently be limited. Arguably, however, the legislature has the power to extend the prescriptive dimensions of jurisdiction extra-territorially as it pleases. Hence, every non-resident is potentially vulnerable to the legislative powers of any state and therefore at least potentially subject to legal duties. Since by republican standards, freedom is violated by potential as well as actual interference, it follows that everyone everywhere is dominated; everyone is subject to domination by every legislative body everywhere.
The conclusion is that there is a fourth conception of public power. It represents the conjunction of two distinct propositions, i.e. the claim that subjection to public power follows only from subjection to legal norms and the claim that an agent is subject to domination by another agent only if the other agent has the capacity to remove or replace the options available to the first agent by the use of coercion. Together, these are two necessary and sufficient conditions for democratic inclusion (Beckman 2014). The neo-republican conception of inclusion applies to anyone subject to legal duties if they are backed up by the capacity of the state to enforce them. A virtue of the fourth view is that it captures both the legal and the coercive aspects of the state, without reducing the one to the other. It also serves to clarify the neo-republican ideal of democracy by identifying its dual aspirations towards freedom through the law and freedom from arbitrary coercion.
The neo-republican conception of freedom appears sensitive to possible interference: implying that A is unfree if B has the means to possibly interfere with A. It has indeed been argued that this is the neo-republican position (Goodin and Jackson 2007, p. 251). If this is how freedom as non-domination should be interpreted, this speaks in favor of the possible decision version of the all-affected principle. If it is true that all those that the state could possibly interfere with are dominated if not given democratic control over state interference, then all those that the state could possibly interfere with should be given democratic control over state interference.
Upon closer examination, it turns out that this is not what freedom as non-domination requires. From the perspective of freedom as non-interference, freedom is reduced by actual interference. From the perspective of freedom as non-domination, freedom is reduced by subjection to actual alien control. According to the abovementioned characterization, freedom is lessened by subjection to possible alien control. The neo-republican conception of freedom as non-domination differs from the liberal conceptions of non-frustration and non-interference in that it makes freedom/unfreedom insensitive to the preferences of both the agent A that could interfere and the agent B that could be interfered with. Freedom as non-frustration is sensitive to the preferences of both A and B. Freedom as non-interference is sensitive to the preferences (action) of agent A but insensitive to the preferences of agent B. Freedom as non-domination is sensitive to the position of A and B. B is dominated by A if, and only if, A is in a position to dominate B. For a conception of freedom to take into account not only actual and available interference but also possible interference it will have to be insensitive not only to the preferences and actions of agent A and agent B but also to the position of agent A and agent B. Interference is possible if A is in a position to interfere with B or if A could be in a position to interfere with B. The neo-republican conception of freedom as non-domination implies that the freedom of B is reduced if and only if A is in a position to interfere with B. From the perspective of freedom as non-domination it is an important difference between the possibility that a powerful agent A will interfere with an agent B and the possibility that a powerless agent A* will become powerful and interfere with B (Pettit 2008a, p. 218).
Some believe the connections between democracy and freedom as non-domination are even deeper (Rostbøll 2015). Others emphasize the centrality of freedom as non-domination in the liberal tradition (Urbinati 2012).
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