Republican Impartiality
Published in modified form in 11 Oxford J. Leg. S. 273 (1991)
University of Baltimore School of Law Legal Studies Research
16 Pages Posted: 9 Jun 2008 Last revised: 4 Sep 2008
Date Written: 1991
Abstract
Even committed republicans, who believe that all government and laws should serve the common good of the people, may nevertheless find themselves in disagreement about what the common good entails. Well-intentioned people, who seek to serve the public good, will still need some common standpoint from which to evaluate their differing perceptions of what the public good requires, before implementing their views as laws, through the power of the state. This republican view of one's own perceptions about the republic should be "impartial" in the sense that it weighs perceptions of the common good according to their likelihood of being true, without regard to other considerations. Republican deliberation and legislation will be impartial to the extent that deliberation and legislation pursue the common good, without undue regard for any particular faction or individuals separate set of private interests.
Keywords: republicanism, history, american history, legal theory
JEL Classification: K1, K4
Suggested Citation: Suggested Citation
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