The liberal and republican traditions of political thought are commonly treated as divergent political-philosophical doctrines which existed in a state irreconcilable opposition in late eighteenth-century France and America. The present study challenges this notion through examining the concept of political neutrality as discussed and expounded in the political and constitutional writings of James Madison and Benjamin Constant. In seeking to account for not only why, but also how, both thinkers endeavoured to construct political systems geared toward securing the production of neutral laws, this thesis explores and highlights the complex interdependent relationship between the liberal and republican philosophical traditions in late eighteenth- and early nineteenth-century political theory. It is argued that in their desire to construct political-constitutional systems tailored toward guaranteeing the materialisation of neutral laws, Madison and Constant incorporated republican, or ‘Real Whig’, concepts into their respective constitutional strategies. Their shared objective, it is shown, was to form limited and neutral states through exploiting the diversity of public opinion in such a way that would render popular sovereignty self-neutralising. More specifically, this thesis suggests that both Madison and Constant placed considerable emphasis on de-legitimising particular justifications for legislative action, and that their respective efforts in this area were motivated by a desire to restrict the legislature to the promotion of objective, and impartially-conceived, accounts of the public good. Thus through examining Madison’s and Constant’s attempts to form neutral states, this thesis challenges the traditional account of the development of modern liberalism through pointing to the existence of an autonomous liberal-republican philosophy in post-revolutionary French and American political thought. It is argued that this hybrid political philosophy – which underpinned the constitutionalisms advanced by both Madison and Constant – had as its principal objective the reconciliation of the practice of popular governance with the restoration and maintenance negative individual liberty. Both thinkers, in other words, exploited republican concepts and institutions in order to realise the distinctly liberal end of forming limited and neutral states.

Please read the abstract in the section 00front of this document / Thesis (LLD)--University of Pretoria, 2006. / Jurisprudence / LLD / Unrestricted

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Philip Pettit argues that freedom is best defined as non-domination, where domination is understood as subjection to uncontrolled interference. Pettit further argues that government is legitimate when it succeeds in preventing citizens from dominating each other without dominating them in the process, as this allows citizens to enjoy the protection of government without surrendering their freedom. Since Pettit argues that democratic (popular) control over government prevents government from dominating its citizens, Pettit argues that a legitimate, non-dominating state is possible. In this paper I argue that popular control cannot prevent government domination unless one accepts controversial, substantive value judgments about freedom and equality that Pettit claims his theory avoids. / Master of Arts / Philip Pettit argues that freedom is best understood as non-domination. By this, Pettit means that we are free when we have a strong degree of control over our choices and actions. He uses this definition to argue that democracy maintains the freedom of citizens because it means that the actions of government are under the control of citizens. This paper argues, contra Pettit, that citizens lack sufficient individual control over the actions of the government to maintain freedom as Pettit understands it. It further argues that one can only accept that government interference is not freedom reducing if one accepts certain substantive claims about freedom and equality.

Thesis (Ph. D.)--University of California, San Diego, 1998. / Vita. Includes bibliographical references (leaves 255-262).

After the American Revolution a number of Loyalists, those colonial Americans who remained loyal to England during the War for Independence, did not relocate to the other dominions of the British Empire. Instead, they sought to return to their homes and restart their lives. Despite fierce opposition to their return from all across the Confederation, their attempts to become part of a newly independent America were generally successful. Thus, after several years of struggle most former Loyalists who wanted to return were able to do so. Various studies have concentrated on the wartime activities of Loyalists, but few have examined their post-war return to America. This dissertation corrects this oversight by tracing the process of the reintegration of the Loyalists. It analyzes this development from a primarily American perspective, although former Loyalists are consistent members of the story. The work considers the emotional significance families and friends played in affecting the desire to return. On the American reception of their former enemies, this work explains that the nascent idea of federalism required the process to occur on a state-by-state basis. Also important to Loyalist assimilation was a critical shift from the republican ideological belief in the necessary of virtue to the survival of the community to a growing awareness, tolerance, and respect for individual rights, for those who held views perhaps inimical to the polity. Critical to the process of reintegration was a jurisprudential transformation from an older, English common law understanding of the law to a more modern view that law is commanded by a sovereign. It is my contention that popular sovereignty drove this transformation and allowed for the wartime legal persecution of the Loyalists, but in order for former Loyalists to peacefully co-exist, popular sovereignty had to be reined in by the very same and new legal ideology that it had helped develop. Finally, the process of reintegration required Americans to permit citizenship to their former traitors. Thus, the dissertation closes by showing the procedure former English subjects underwent to renounce their allegiance to England and become republican citizens.

The study of southern evangelicals during the late colonial and revolutionary eras of American history has focused primarily on the social antagonisms that separated evangelicals from southern elites and has concluded that the rapid growth of post-war evangelicalism came as a result of evangelical acquiescence to southern gentry mores. Most study of southern evangelicals has concentrated on the upper South missing important developments in the Deep South which contradict historical assumptions of Separate triumph and the subsequent subversion of radical evangelicalism by evangelical leaders eager for societal acceptance. Evangelicals were not a monolithic movement. Key doctrines, primarily the need for conversion, united them, but the social range of evangelical groups included outcast Separate Baptists to elite members of Charleston and Savannah society. Because evangelicals have been viewed as outside the mainstream of southern society, evangelical contributions to the revolutionary cause have gone mostly unnoticed. This work seeks to illuminate the contributions of evangelicals to the American Revolution by examining the roles of evangelicals in the Imperial Crisis and in the war itself. Evangelical leaders were strong proponents of American rights. Far from being outcasts, many evangelicals enjoyed positions of prominence in southern society and several served in the governments of South Carolina and Georgia. Almost all evangelicals in this region supported the American cause and were viewed by many elite revolutionaries as indispensable to solidifying the unity necessary to fight Great Britain. Evangelicals and Anglican elites worked together to cement support for provincial government and bring about the disestablishment of the Anglican Church. Evangelicals also served an important role in winning the American Revolution in the South. Evangelicals, particularly New Light Presbyterians and Regular Baptists, formed a major portion of the militia that rose to bedevil Lord Cornwallis‟s attempts to implement British strategic goals. His failure in South Carolina led to his ultimate downfall at Yorktown. In the final chapter, this work examines the proud, if divided, republicanism of southern evangelicals, highlights their political activity, and explores the beginning of the evangelical ascent to religious dominance in the Deep South.

O que se pretende nesta pesquisa é buscar os procedimentos e pressupostos que conferem legitimidade à lei jurídica dentro da perspectiva da política kantiana. A pesquisa seguirá por três caminhos de investigação: primeiramente, a partir do artigo À paz perpétua e da Metafísica dos Costumes se busca lançar as bases do problema retomando a argumentação acerca da origem do Estado. Pela análise dos mecanismos e razões que conduziram à formação do Estado, perpassa-se por questões centrais da política kantiana como o estado de natureza, o contrato originário, a organização jurídica do estado civil e o republicanismo. Em um segundo momento, um passo inicial é incitar o debate sobre a fundamentação do direito ser externa ou interna, isto é, se a própria norma jurídica é suficiente para fundamentar a si mesma ou se necessita de um embasamento externo. Recorre-se à Fundamentação da metafísica dos costumes a fim de resgatar dali os conceitos de autonomia da vontade, o procedimento de universalização da máxima e o imperativo categórico a fim de estabelecer como se legitima a lei moral. Enfim, a última etapa argumentativa pretende efetivamente explorar se há um conflito e como resolvê-lo no que tange à conciliação entre o direito e a ética: como harmonizar a lei legítima fruto do republicanismo (advinda de uma representatividade) à lei que concorda com a autonomia da vontade. / This study aims to seek the mechanisms and conditions that legitimise the legal law on the scope of kantian politics. This research will be divided in three argumentative moments. The first one is related to groundworking the problem by proceeding the arguments of Toward Perpetual Peace and Metaphysics of Morals about the origins of the State. Through the analysis of the mechanisms and reasons that guide to the State formation we aim to point some central questions on the kantian politics as the state of nature, the original contract, the juridical civil organisation of the state and the republicanism. The second argumentative moment, our first step is to promote the debate about the foundation of Law being internal or external. So we use the \"Groundwork of Metaphysic of Morals\" to rescue the concepts of autonomy of will, categorical imperative and the universalisation of maxim in order to expose how the moral law finds its legitimacy as well as if this procedure serves as example to be followed to legitimise the legal law. Finally, the last moment of this study is dedicated to think if there is a conflict between Law and ethics and how to solve it - how to articulate the legitimacy of the republicanism law (that comes from a political representation) to the law that comes from the autonomy of will.

This thesis examines the relationship between Henry George and the Irish on both sides of the Atlantic and, detailing the ideological interaction between George’s republicanism and Irish nationalism, argues that his uneven appeal reveals the contours of the construction of Gilded Age Irish-America. The work assesses the functionality and operation, in both Ireland and the US, of Irish culture as a dynamic but discordant friction within the Anglophone world. Ireland’s unique geopolitical position and its religious constitution nurtured an agrarianism that shared its intellectual roots with American republicanism. This study details how the crisis of Irish land invigorated both traditions as an effective oppositional culture to the processes of modernity. The Land War placed Ireland at the centre of a briefly luminous political upheaval that extended far beyond its own shores and positioned the country as a site of ideological conflict at a critical juncture in the history of political thought. Irish nationalism helped to perpetuate a specific aggregation of moral and economic principles, and, in equating British imperial force with the worst depredations of capital, Irish-Americans tapped into a powerful seam in American political culture that universalised the struggle of the Irish tenant farmers. Just as many contemporaries framed Irish politics with the ideals of the American republic, this thesis argues that Irish politics during the Land War, ever more interdependent on its diaspora, is better understood in relation to American political discourse than British.

A influência da Maçonaria no Brasil, ainda é um tema muito pouco estudado pela historiografia. O objetivo deste trabalho é analisar mais a fundo qual seria o papel das lojas maçônicas na difusão do movimento republicano na província de São Paulo, entre o final da década de 1860 e 1889, em meio à expansão cafeeira e a formação de uma nova elite econômica que desejava maior representação política. A partir da queda do gabinete de Zacarias de Góes, em 1868, houve a formação do Partido Republicano Paulista (PRP). Nesse período, era criada a Loja América, importante centro difusor das idéias republicanas na província, dela fizeram parte importantes figuras do movimento republicano, como Américo Brasiliense, Américo de Campos e Rangel Pestana. Analisou-se como a Maçonaria se comportou diante das principais questões do período, como o republicanismo, o debate abolicionista e a Questão Religiosa. E principalmente, como a difusão das lojas maçônicas pelo Oeste Paulista contribuiu para a criação e o fortalecimento das redes clientelares que formavam a base política do PRP em seus anos iniciais. / The influence of Freemasonry in Brazil, is still a topic too little studied by historiography. The aim of this study is to analyze more deeply what is the role of the Masonic lodges in the dissemination of the Republican movement in the province of Sao Paulo, between end of the 1860 and 1889, during the coffee economic expansion and the formation of a new economic elite who wished to greater political representation. From the end of the ministry of Zacarias de Goes in 1868 there was formation of the Republican Party of São Paulo (PRP). During this period, was created the Lodge América, an important center for disseminating ideas of republicans in the province, it took part in important figures of the republican movement as Américo Brasiliense, Americo de Campos and Rangel Pestana. Analyzed how Freemasonry has behaved in front of the main issues of the period, such as republicanism, the abolitionist debate and the Religious Question. And especially, how the spread of Masonic lodges across the West Paulista contributed to the creation and strengthening of clientelist networks that formed the political basis of the PRP in its early years.