In this paper I shall argue that due to the constructivist procedure which John Rawls employs in “The Law of Peoples,” he is unable to justify his claim that there is a relationship between limiting the internal and external sovereignty of states. An alternative constructivist procedure is viable, but it extends the ideal theory of international justice to include liberal democratic and egalitarian principles. The procedure and principles have significant implications for non‐ideal theory as well, insofar as they justify a (...) principle of international resource redistribution and weaken general prohibitions against intervention. (shrink)

Though the Revised Edition of A Theory of Justice, published in 1999, is the definitive statement of Rawlsıs view, so much of the extensive literature on ...

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.

This article presents a unifying interpretation of Rawls’s major works. The interpretation emphasizes the parallels in Rawls’s theories of justice and legitimacy for domestic and global institutions.

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they (...) eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

Rawls's "The Law of Peoples" has not been well received. The first task of this essay is to draw (what the author regards as) Rawls's position out of his own text where it is imperfectly and incompletely expressed. Rawls's view, once fully and clearly presented, is less vulnerable to common criticisms than it is often taken to be. The second task of this essay is to go beyond Rawls's text to develop some supplementary lines of argument, still Rawlsian in spirit, (...) to deflect key criticisms made by Rawls's critics. The overall defense given here of Rawls's position draws on a deep theme running throughout all of Rawls's work in political philosophy, namely, that the task of political philosophy is to mark the moral limits given by and through a common human reason, itself socially and historically achieved, within which human nature must develop (and reveal itself over time) if it is to be an expression or manifestation of human freedom. (shrink)