Liberal theorists have traditionally emphasized the importance of rights and just institutions. Recently liberalism and the liberal emphasis on rights have been criticized on the grounds that they are individualistic and overlook the importance of community and fraternity. In this Note I look at two particular arguments, made by the communitarian Michael Sandel, that have been levelled at the liberal emphasis on rights, namely, what I shall call the ‘circumstances of justice’ argument and the ‘crowding out’ argument.

In his introduction to a definitive collection of articles on British by-elections, David Butler observed that by-elections ‘may offer some guide to the public mood; but who now would dare to give a figure for the likely difference between a by-election today and what would happen in an immediate general election?’

Numerous scholars have documented a dramatic increase in incumbency advantage in US congressional elections and also state legislative elections over the past four decades. For example, Gelman and King show that incumbents in the House of Representatives now receive about twelve extra percentage points solely as a result of holding congressional office during the campaign; the comparable figure for most of the first half of this century was only 2 per cent. This advantage of incumbency has made members of the US House and many state legislators nearly invulnerable to electoral defeat.