Beyond the Republican Revival

1. Introduction
I. Introduction
II. Positive-Liberty Republicanism
III. Non-Positive-Liberty Republicanism
IV. Political and Constitutional Theory
V. Chapter Outline
VI. Conclusion

PART I
LIBERTY AS NON-DOMINATION
2. Pettit's Narrative of the Eclipse of Republican Liberty
I. Introduction
II. Pettit's Account
III. Price
IV. Lind
V. Bentham
VI. Paley
VII. Tracking Liberty as Non-Domination Aft er 1785
VIII. Conclusion
3. Skinner's Republican and Liberal Liberty
I. Introduction
II. Skinner's Account of Republican Liberty
III. Examining Skinner's Republican Liberty
IV. Skinner's (and Pettit's) Interpretation of Liberal Liberty
V. Conclusion
4. The Challenge of Liberty as Non-Interference
I. Introduction
II. Pettit's Analytical Account
III. Kramer's Critique and Two Challenges to Liberty as Non-Domination
IV. The Distinctiveness of Liberty as Non-Domination
V. The Damage Caused by Arbitrary Power and Looking Beyond Liberty
VI. Public Domination, Democracy and Constitutionalism
VII. Conclusion
5. Vindicating Liberty as Non-Domination
I. Introduction
II. Priceian Liberty as Non-Domination
III. Applicability of Chapter Four's Challenges to Liberty as Non-Domination
IV. The Assumption of Likely Interference
V. Applying Priceian Liberty as Non-Domination
VI. Conclusion

PART II
POSITIVE LIBERTY
6. Positive-Liberty Dimensions in the Republican Revival
I. Introduction
II. Negative and Positive Liberty in Nineteenth- and Twentieth-Century Political Thought
III. A Classification of Conceptions of Liberty and its Application to Pettit and Skinner
IV. Positive-Liberty Dimensions in Historical Writing
V. Conclusion
7. Michelman's Republicanism
I. Introduction
II. The Republican Tradition and Positive Liberty
III. The Contemporary Appeal of Positive Liberty
IV. Constitutional Implications of Republican Liberty
V. Returning to the Historical Writers
VI. Conclusion

PART III
SORTITION
8. A Citizens' Court: Foundations
I. Introduction
II. The Republican Tradition and Constitutional Juries
III. Assessing Institutional Arrangements
IV. Deliberative Polls and the Counter-Majoritarian Difficulty
V. Conclusion
9. A Citizens' Court: The Proposal
I. Introduction
II. The Proposal
III. A Comparison with Sortition in Parliament
IV. A Comparison with Strong-Form Judicial Review
V. Zurn's Critique
VI. Conclusion
10. Conclusion