This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.

In this essay, I first evaluate the conceptual analysis of human rights by Wilfried Hinsch and Markus Stepanians. Next I criticize Allen Buchanan’s claim that Rawls did not address basic human interests/capabilities theories of human nature. I argue Buchanan is doubly mistaken when he claims that John Rawls sought to avoid such theories because they are comprehensive doctrines. Then I evaluate David Reidy’s defense of Rawls, while questioning his efforts to show how Rawls’s list of human rights could be expanded. (...) Finally, I accept James Nickel’s argument that Rawls has tied human rights too closely to intervention on their behalf. However, I reject his, and by implication Rawls’s, refusal to accept a two-tiered approach to human rights. (shrink)

This chapter contains section titled: Introduction Basic Human Rights: Rawls's List Basic Human Rights: Their Nature and Function Basic Human Rights: A Rawlsian Justification Conclusion Acknowledgments Notes.

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

Book reviewed in this article:John Rawls, The Law of Peoples.

John Rawls argues, in The Law of Peoples , that a principle of toleration requires the international community to respect `decent hierarchical societies' that obey certain minimal human rights norms. In this article, I question that line of argument, using women's inequality as a lens. I show that Rawls's principle would require us to treat the very same practices of the very same entity differently if it happens to set up as an independent nation rather than a state within a (...) nation, and I criticize the consequences to which this asymmetry leads. I argue that Rawls gives us no good reason to think that we cannot justify a much richer set of norms for all the world's societies. I argue, however, that issues of justification should be sharply distinguished from issues of implementation, and that respect for the moral significance of national sovereignty ought to restrain us from intervention in all but the most extreme cases. Key Words: Rawls • women • equality • international relations • justice. (shrink)

This chapter contains section titled: Intervention and Human Rights.

One prominent criticism of John Rawls’s The Law of Peoples is that it treats certain non-liberal societies, what Rawls calls ‘decent hierarchical societies’, as equal participants in a just international system. Rawls claims that these non-liberal societies should be respected as equals by liberal democratic societies, even though they do not grant their citizens the basic rights of democratic citizenship. This is presented by Rawls as a consequence of liberalism’s commitment to the principle of toleration. A number of critics have (...) claimed that Rawls’s treatment of these non-liberal societies is symptomatic of a more general problem with political liberalism, namely, its reliance on toleration as its ‘fundamental principle’. Against this view, I argue that the principle of toleration should not be understood as political liberalism’s ‘fundamental principle’. This is revealed through a consideration of the normative basis of what Rawls calls the ‘Liberal Principle of Legitimacy’. A correct understanding of political liberalism’s ‘fundamental principle’, which I claim is a principle of equal ‘civic respect’ for citizens, shows that Rawls’s toleration of non-liberal societies is in fact a misapplication of political liberalism to the global domain. Moreover, I explain that political liberalism must assert that the principle of equal civic respect for citizens is the correct principle to govern the public political relations of citizens in all pluralist societies, and that most ‘decent hierarchical societies’ are pluralist in nature. Identifying political liberalism’s fundamental principle as that of equal civic respect for citizens helps to render political liberalism, in both the domestic and international domains, a more coherent and compelling approach to thinking about fundamental political issues. Key Words: civic respect • international relations • justice • political liberalism • Rawls • toleration. (shrink)

This chapter contains section titled: Rawls and Human Rights Minimalism State Sovereignty and the Role of Human Rights Rawls's Political Liberalism and the Doctrine of Human Rights in LoP The Importance of the Role in LoP of Rawls's Narrow Doctrine of Human Rights Rawls's Arguments for the Narrow Doctrine ldquo;Ideal” and “Non‐ideal” Theory in LoP Strategies for the International Enforcement of Respect for Human Rights Conclusion Notes.

This chapter contains section titled: Basic Human Rights Public Reason Sovereignty and Self‐determination The DNSL Argument and the Minimum Respect‐for‐Justice Condition Adequate Justification Rights of Political Participation Post‐war Nation Building Promoting Political Reform Conclusion Acknowledgments Notes.

In this paper I reconstruct and defend John Rawls' The Law of Peoples, including the distinction between liberal and decent peoples. A “decent people” is defined as a people who possesses a comprehensive doctrine and uses that doctrine as the ground of political legitimacy, while liberal peoples do not possess a comprehensive doctrine. I argue that liberal and decent peoples are bound by the same normative requirements with the qualification that decent peoples accept the same normative demands when they are (...) reasonably interpreted and from their comprehensive doctrine, not from political liberalism. Normative standards for peoples appear in a law of peoples in two places: as internal constraints carried forward from political liberalism which regulate domestic affairs and as principles derived from a second original position that provide the normative ground for a society of peoples. This first source of normative standards was unfortunately obscured in Rawls' account. I use this model to defeat the claim that Rawls has accommodated decent peoples without sufficient warrant and to argue that all reasonable citizens of both liberal and decent peoples would accept the political authority of the state as legitimate. Although my reconstruction differs from Rawls on key points, such as modifying the idea of decency and rejecting a place for decent peoples within a second original position, overall I defend the theoretical completeness of political liberalism and show how a law of peoples provides reasonable principles of international justice. (shrink)

The "comprehensive liberalism" defended in this book offers an alternative to the narrower "political liberalism" associated with the writings of John Rawls. By arguing against making tolerance as fundamental a value as individual autonomy, and extending the reach of liberalism to global society, it opens the way for dealing more adequately with problems of human rights and economic inequality in a world of cultural pluralism.

This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.

Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles (...) will be useful to a wide range of scholars interested in Rawls and the expanse of his influence. (shrink)

In The Law of Peoples, John Rawls defends the claim that ‘decent’ societies (non-liberal, non-democratic constitutional republics) deserve full and good standing in the international community. His defense of decent societies consists of two main arguments. First, he argues that the basic human right to political participation does not imply a right to democratic political institutions. This argument has been thoroughly discussed by commentators. Second, he argues that decent societies, if admitted to the international community, would pose no special threat (...) to the stability of that community. This argument has largely been ignored. My aim in this article is to analyze this second argument, which I call the ‘peace argument'. argumen. (shrink)