ABSTRACT
This chapter seeks to correct the bias of the republican tradition toward a focus on separations of public powers. The concentration tends to be on the separate powers of shareholders, directors, and managers. A pragmatic republicanism for the burgeoning private power of the twenty-first century will give more emphasis to the checking of power part of the republican ideal; it will pluralize the separations of powers, while rejecting any aspiration that each divided power be fully independent. The separation of powers may be the most central idea in the theory of institutional design. Mixed government is the oldest idea, figuring in the writing of Aristotle and Plato and justified in terms of securing moderation rather than excess in government and avoiding arbitrary rule. The Commission decided to offer Solomons an administrative settlement which included voluntary compensation for consumers in an amount exceeding the criminal fine that was likely should they be convicted.
