I am grateful to many people and audiences for helpful discussions of this work while it was in progress, including University of Oslo, Goethe University Frankfurt, the Political Philosophy Workshop at Brown University, CIDE and UNAM in Mexico City, Legal Theory Workshop at University of Pennsylvania, Canadian Political Science Association meetings in Montreal, the seminar of John Ferejohn and Janos Kis (whose comments were especially instructive) at the law school at New York University, the Harvard Government Department colloquium, and a lecture at Franklin and Marshall College. I am also grateful to Nomy Arpaly for numerous helpful discussions of these ideas, and to Charles Larmore, Sharon Krause, and two anonymous referees for valuable discussions of an earlier draft.