Research Articles Christopher Heath Wellman, Social Philosophy and Policy, FirstView Article.

This article illuminates the relationship between John Rawls' and Michael Walzer's accounts of non-domestic justice by tracing its connection to their domestic relationship. More precisely, it places the celebrated positional shifts that characterize the latter within the context of the fundamental justificatory tension between their projects which endures: reason vs trust; and then juxtaposes this justificatory tension and their non-domestic political prescriptions. Such contextualization is important to the clarification of the pair's non-domestic relationship since it enables the observation that despite (...) this enduring justificatory tension these political prescriptions are remarkably similar. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

The Cosmopolitan idea of the World Government is quite rarely proposed in theory of international relations. Kant already claimed that this idea oscillates between anarchy and brute despotism. This is the reason why he described this standpoint as naive. The author tries to show that alternative theories, such as realism, Kantian and Rawlsian versions of statism and the conception of multilayered scheme of sovereignty, lead to more serious problems. The first one is rejected for the reason of the 'prisoner's dilemma' (...) it implies. It is also argued that the Kantian version of statism is either inconsistent, or allows for totalitarian states if they have peaceful international politics. Many liberals reject Rawls's position because of his tolerant attitude towards 'decent peoples'. On the other hand, the conception of multilayered scheme of sovereignty is dismissed because of the non-existence of a unified decision-making procedure in global politics. At the end of the paper, the author defends Classical Cosmopolitanism theory from Kant's objections and indicates the main obstacles to its realization. Kosmopolitska ideja o svetskoj vladi je redje zastupana teza u teoriji medjunarodnih odnosa. Jos je Kant uputio takvoj ideji prigovor da vodi ili u anarhiju ili u bezdusni despotizam. Zbog toga je takav kosmopolitizam nazivao naivnim. Autor zeli da ukaze na ozbiljnije nedostatke alternativnih teorija poput realizma, Kantove i Rolsove verzije drzavizma, kao i viseslojne sheme suvereniteta. Jedan od osnovnih problema realizma kao tradicionalne teorije jeste slucaj zatvorenikove dileme. Kantova verzija drzavizma je ili nekonzistentna, ili dozvoljava postojanje totalitarnih rezima sa miroljubivom spoljnom politikom. S druge strane, Rolsovo tolerisanje pristojnih naroda predstavlja znacajan ustupak realizmu. Ideji multifunkcionalizma nedostaje jedinstveni princip odlucivanja na globalnom planu. Na kraju teksta autor pokusava da pokaze kako ideja klasicnog kosmopolitizma moze da izadje na kraj sa Kantovim prigovorima, kao i da ukaze na glavnu prepreku za ostvarenje takve ideje. (shrink)

Cosmopolitanism and statism represent the two dominant liberal theoretical standpoints in the current debate on global distributive justice. In this paper, I will develop a feminist argument that recommends that statist approaches be rejected. This argument has its roots in the feminist critique of liberal theories of social justice. In Justice, Gender, and the Family Susan Moller Okin argues that many liberal egalitarian theories of justice are inadequate because they assume a strict division between public and private spheres. I will (...) argue that this inadequacy is replicated in statist approaches to global justice. To demonstrate this, I will show how an analogue of Okin's critique of Rawls's A Theory of Justice can be extended to his The Law of Peoples. I will conclude that statist theories inevitably assume a strong divide between public and private spheres and that by doing so they allow for situations marked by gross injustice which anyone concerned with the welfare of the world's most vulnerable should find unacceptable. (shrink)

In this paper, I critically examine an important premise in theories of global distributive justice that, despite its widespread influence, has remained largely unexamined. This is the claim that state borders are morally arbitrary with respect to a just distribution of goods. I examine two common arguments for this claim, the argument that state borders are historically unjust and therefore morally arbitrary; and the argument first made by Charles Beitz that the conditions of a fair, hypothetical social contract would not (...) include knowledge of one's location with respect to the distribution of natural resources between state borders. I argue that there are good reasons to reject both arguments. Beitz's immense contribution to international justice can be gauged by the fact that it is difficult to find a contemporary work on global justice that does not reference his arguments in Political Theory and International Relations . Although some authors find Beitz's cosmopolitan theory objectionable, no author has, to my knowledge, criticized Beitz's pivotal arguments that our placement in the distribution of natural resources is morally arbitrary. The aim of this paper is to do just that. (shrink)

Wary of quick statist dismissal of their proposals, cosmopolitans have been careful not to associate themselves with a world state. I argue that this caution is mistaken: cosmopolitans should see the vision of a world state as strategically valuable in exposing weaknesses in statist accounts, particularly of the Rawlsian variety. This strategic value follows if the only cogent arguments against a world state belong to non-ideal theory which assumes non-compliance, rather than to ideal theory with its core assumption of full (...) compliance. If our only convincing reasons to reject a world state are non-ideal, then any liberal theory revolving around separate states must itself be considered a non-ideal theory. As a non-ideal theory, a statist law of peoples cannot be presented as an end-state, but is rather a transitional stage. Yet once seen as a transitional theory, the statist “realistic utopia” can no longer dodge the cosmopolitan charge that it is neither sufficiently realistic nor sufficiently utopian. (shrink)

Según cuentan algunos de sus colegas y discípulos, al momento de su temprana muerte, en 1993, Carlos Nino estaba comenzando a estudiar la posibilidad de trasladar sus teorías al plano internacional. En este trabajo pretendo retomar al menos un aspecto de aquel proyecto, preguntándome cómo hubiera trasladado Nino su teoría de la democracia al plano global. En otras palabras, intentaré especular respecto de cómo podrían insertarse las ideas nineanas en la discusión actual en materia de democracia global. Mi hipótesis es (...) que, por un lado, Nino habría reclamado la creación de nuevas instancias de participación popular en los procesos de creación e implementación del derecho internacional; pero a la vez, por otro lado, habría defendido el núcleo duro de la “constitución histórica” del derecho internacional, basada en un sistema interestatal y descentralizado. According to some of his colleagues and disciples, when Carlos Nino died, in 1993, he was beginning to work on a project trying to extrapolate his theories to the international realm. In this paper, I pick up at least an aspect of that project, and I analyze how Nino would have extrapolated his theory of democracy to the global arena. In other words, I speculate regarding how could Nino’s ideas be inserted into the current debates on global democracy. My hypothesis is that, on the one hand, Nino would have demanded new instances of popular participation in the processes of creation and implementation of international law, and on the other hand, that he would have somehow defended the “historical constitution” of the international community, based on an decentralized, inter-state system. (shrink)

In this article I address two objections to Rawls’ account of international toleration. The first claims that the idea of a decent people does not cohere with Rawls’ understanding of reasonable pluralism and sanctions the oppressive use of state power. The second argues that liberal peoples would agree to a more expansive set of principles in the first original position of Law of Peoples. Contra the first I argue that it does not properly distinguish between the use of state power (...) aimed at curtailing difference and the oppressive use of state power. Contra the second I argue that transposing a liberal egalitarian set of principles in Law of Peoples would entail the unnecessary duplication of entitlements within different levels of governance and affect liberal peoples’ self-determination. The article also highlights how these criticisms are premised on the assumption that all societies should be liberal and that the correct view of global justice is a cosmopolitan one. (shrink)

The essay provides a reconstruction of Rawls's The Law of Peoples that makes sense of three main discontinuities between Rawls's domestic theory of justice and his international outlook, namely the absence in the latter of: a) individualism, b) egalitarianism, and c) structural justice. The essay argues that while we can make sense of such differences without charging Rawls's account of blatant inconsistency, we can nonetheless criticize such an outlook from an internal perspective. There is a middle way between claiming that (...) no significant differences are present between A Theory of Justice and The Law of Peoples and, on the other hand, that the differences between the two are so large as to make them totally incompatible. Furthermore, to argue in favour of Rawls's consistency does not, as many seem to have thought, entail agreeing with his overall conclusion for justice in international relations. The final part of the essay illustrates this point by analyzing the case of trade. (shrink)

Contrary to Singer's view, Kuper asserts that there is no "royal road" to poverty relief, but intersecting roads that may take us to a place without poverty. Drawing on the works of Rawls and Marx, Kuper examines how an effective political philosophy of this kind might be developed.

The global city is a contested site of economic innovation and cultural production, as well as profound inequalities of wealth and life chances. These cities, and large cities that aspire to ‘global’ status, are often the point of entry for new immigrants. Yet for political theorists (and indeed many scholars of global institutions), these critical sites of global influence and inequality have not been a significant focus of attention. This is curious. Theorists have wrestled with the nature and demands of (...) global justice, but have for the most part supposed that the debate is between statist and cosmopolitan formulations. Questions of redistribution, immigration, humanitarian obligations, coercion at borders, and territorial rights have correspondingly been cast as either the domain of sovereign territorial states, or of the nascent web of supranational institutions that might bind those states and peoples, morally and legally. Examining some of these issues and arguments through the lens of the global city casts them in a new and informative light, and buttresses an associative turn in thinking about global justice. (shrink)

In Carr’s ethics, there is a link between the rise of the socialised nation and the crisis of laissez faire due to its loss of legitimacy among the lesser privileged. How far is this link in Carr’s ethics relevant today? There are two aspects to this relevance – theoretical and empirical. Theoretically, the article argues, Carr’s analysis is relevant to the statist-cosmopolitan debate on global justice. It highlights the political vacuum in which this debate operates in the absence of a (...) framework of rights and obligations under laissez faire. Consequently, statist and cosmopolitan arguments are implicit in their acceptance of the violence committed by the status quo and lack the legitimacy Carr deemed necessary for international justice in the age of the socialised nation. The article then turns to highlight the empirical relevance of this critique. Here, it argues that the resurgence of nationalism in world politics shows that the problem of legitimacy is especially pressing today. The article thus calls for the debate on global justice to engage more seriously with Carr’s analysis of the crisis of laissez faire – specifically the legitimacy problem it raises in the twenty-first century. (shrink)

In Carr’s ethics, there is a link between the rise of the socialised nation and the crisis of laissez faire due to its loss of legitimacy among the lesser privileged. How far is this link in Carr’s ethics relevant today? There are two aspects to this relevance – theoretical and empirical. Theoretically, the article argues, Carr’s analysis is relevant to the statist-cosmopolitan debate on global justice. It highlights the political vacuum in which this debate operates in the absence of a (...) framework of rights and obligations under laissez faire. Consequently, statist and cosmopolitan arguments are implicit in their acceptance of the violence committed by the status quo and lack the legitimacy Carr deemed necessary for international justice in the age of the socialised nation. The article then turns to highlight the empirical relevance of this critique. Here, it argues that the resurgence of nationalism in world politics shows that the problem of legitimacy is especially pressing today. The article thus calls for the debate on global justice to engage more seriously with Carr’s analysis of the crisis of laissez faire – specifically the legitimacy problem it raises in the twenty-first century. (shrink)

Cosmopolitanism is concerned to disclose the ethical, cultural and legal basis of political order in a world where political communities and states matter, but not only and exclusively. In circumstances where the trajectories of each and every country are tightly entwined, the partiality, one sidedness and limitedness of ‘reasons of state’ need to be recognized. While states are hugely important vehicles to aid the delivery of effective public recognition, equal liberty and social justice, they should not be thought of as (...) ontologically privileged. They can be judged by how far they deliver these public goods and how far they fail; for the history of states is marked, of course, not just by phases of bad leadership and corruption but also by the most brutal episodes. A cosmopolitanism relevant to our global age must take this as a starting point, and build an ethically sound and politically robust conception of the proper basis of political community, and of the relations among communities. (shrink)

:InThe Law of Peoples, John Rawls introduces a framework for realistic utopia, within which the limits of practicable political possibility are probed through the further development of his international theory. This essay addresses the apparent paradox of realistic utopianism within the context of, and in relation to, ideal theory, in an attempt to explore the scope and limits of Rawls’s theory. The ideas behind Rawls’s realistic utopia are discussed in detail, the concept is contrasted with ideal theory in order to (...) assess to what extent Rawls’s framework for realistic utopia introduced inThe Law of Peoplesdiffers from other forms of ideal theory, and the limits of realistic utopianism are identified.I argue first, that, in an attempt to address the potential feasibility constraint, Rawls tries to distinguish his framework of realistic utopia from that of more traditional ideal theory. I then proceed to examine the differences between realistic utopianism inThe Law of Peoplesand ideal theory inA Theory of Justice. I then conclude that Rawls only partially meets the challenge of establishing practicable political possibility. In actuality, Rawls’s focus on ideal agents in ideal as well as nonideal theory, together with his emphasis on societies as closed and self-sufficient, ignores the potential for noncompliance by liberal and decent societies, as well as interdependencies between societies that can cause or lead to injustice, conflict, and instability. I argue that despite these flaws, Rawls’s approach nevertheless provokes new insights into the function of the principles of the ideal theory framework as guidelines for real-world policies striving toward peace, stability, and justice. (shrink)

One of the pressing challenges we face today—in a post-Westphalian order and post-Bretton Woods world —is how to design the right kind of MAS that can take full advantage of the socio-economic and political progress made so far, while dealing successfully with the new global challenges that are undermining the best legacy of that very progress. This is the topic of the article. In it, I argue that in order to design the right kind of MAS, we need to design (...) the right kind of norms that constitute them; in order to design the right kind of constitutive norms, we need to identify and adopt the right kind of principles of normative design; toleration is one of those principles; unfortunately, its role as a foundation for the design of norms has been undermined by the “paradox of toleration”; however, the paradox can be solved; so toleration can be re-instated as the right kind of foundational principle for the design of the right kind of norms that can constitute the right kind of MAS that can operate across cultures, societies and states, to help us to tackle the new global challenges facing us. (shrink)

John Rawls’ The Law of Peoples has typically been read as an intervention in the field of ‘global justice’. In this paper, I offer a different and widely overlooked interpretation. I argue that The Law of Peoples is a secular theodicy. Rawls wants to show that the 'great evils' of history do not condemn humankind by using a secularised form of moral faith to search for signs that the social world allows for the possibility of perfect justice. There are, I (...) show, striking homologies between this argument and the Christian theodicy that Rawls wrote in 1942, A Brief Inquiry into the Meaning of Sin and Faith. Perhaps more significantly, I draw out how there is, as Rawls himself appears to acknowledge, an intimate relationship between this redemptive project and Rawls' idealistic and moralistic approach to political philosophy. (shrink)

In his provocative book War and Self-Defense, David Rodin criticizes attempts to justify national defense based on an analogy between the individual and the state. In doing so, he treats state personality as an analogy to the personality of the individual. Yet the state possesses the key attributes of moral personality, including a conception of the good life and a sense of justice. The state's unobservable — but nevertheless real — moral personality means that it also possessed the right to (...) defend the continued existence of that personality against an attack. Subject to the same constraints that are placed on individuals, such as necessity and proportionality, the state possesses the right to national defense based on its own personality. (shrink)

Business Ethics, the Environment & Responsibility, Volume 31, Issue 1, Page 281-292, January 2022.

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

The normative theory of multilateral democratic integration starts within the context of liberal peoples engaged in the common realization of rights, freedoms, and life chances for their citizens while seeking to preserve self-government and popular sovereignty. The point argued in the paper is that the fair terms of multilateral democratic integration must be determined by an integrated original position of citizen and people representatives choosing basic principles of liberal multilateralism. The proposal to merge the two Rawlsian original positions offers a (...) political solution to the contrast between rival conceptions of grand universalism and national particularism. After a general discussion of the wider problematic and the original position, I explain the concept and the reality of multilateral democratic integration. In part three, I justify why citizen and people representatives ought to be seen as participants of the original position of multilateral democratic integration. I then assess the rational motives of both types of representatives and determine the veil of ignorance of the integrated original position. In section, the original position is applied to the test of several normative hypotheses prima facie considered as candidates for basic principles of multilateral democratic integration. These principles are not necessarily new, but they are principles which presumably apply to multilateral democratic integration as a specific political order and system of cooperation. (shrink)

Many people believe in what can be described as a 'concentric circles model of responsibilities to others' in which responsibilities are generally stronger to those physically or affectively closer to us - those who, on this model, occupy circles nearer to us. In particular, it is believed that we have special ties to compatriots and, moreover, that these ties entail stronger obligations than the obligations we have to non-compatriots. While I concede that our strongest obligations may generally be to those (...) family and friends with whom we have close personal relationships, those often thought to occupy the inner core, what I want to challenge is the idea that our obligations diminish in strength when we move beyond the boundary of the circles occupied by compatriots and proceed to those more geographically or culturally distant from us. The weight that is typically placed on the boundary between compatriots and non-compatriots in determining the strength of our obligations to others cannot withstand critical scrutiny. In this paper I show that arguments that are supposed to work to justify stronger obligations to compatriots than non-compatriots do not succeed in the ways imagined. I also present the framework of a contractarian-style model which aims to give us a more systematic way to think about our obligations to 'non-core' others, both distant and near. While we can certainly have different kinds of obligations, my analysis shows that our basic obligations to others do not diminish with distance. In addition, my account aims to flesh out what our basic obligations to others are. (shrink)

I argue that transnational democracy provides the basis for a solution to the problem of the “democratic circle”—that in order for democracy to promote justice, it must already be just—at the international level. Transnational democracy could be a means to global justice. First, I briefly recount my argument for the “democratic minimum.” This minimum is freedom from domination, understood in a very specific sense. Employing Hannah Arendt's conception of freedom as “the capacity to begin,” the form of nondomination sufficient for (...) the democratic minimum is the capability to initiate deliberation and thus democratic decision-making processes. My point in developing this argument further concerns the political form of a transnational polity: its citizens enjoy the democratic minimum as members of variousdemoi. In the case of the European Union, this leads to a potential for democratic domination. I call this thedemoiproblem, a difficulty that holds for any multilevel polity, for bounded as well as transnational political communities. Second, I argue that such domination is overcome so long as the capacity to initiate deliberation is distributed among various units and various levels. The democratic minimum could fail to obtain not only because individuals or groups are dominated by nondemocratic means, but also because they are dominated democratically to the extent that the demos of one unit lacks the normative power to initiate deliberation and thus is subordinated to others. (shrink)

In my reply to Pogge's critique of Rawls's international relations theory, I will try to show two things: (1) that Pogge's account of the public criterion of domestic social justice endorsed by Rawls is a partial one and (2) that this leads him to wrongly postulate a significant asymmetry between Rawls's domestic and international theories of justice. In the end, I hope to show that the domestic and international accounts are characterized by a significant degree of symmetry ? that both (...) accounts are motivated by Rawls's fundamental concern with self-respect. In other words, a more expansive, complete account of the domestic public criterion of social justice necessarily leads us (contra Pogge) to affirm a significant degree of continuity between the domestic and international accounts. (shrink)

In a Society of Peoples as Rawls conceives it, human rights function as “criteria for toleration.” This paper defends the conception of human rights that appears in Rawls’ The Law of Peoples as normatively and theoretically adequate. I claim that human rights function as criteria for determining whether or not a given society or legal system can be tolerated. As such, “human rights” are not themselves basic facts or judgments or ascriptions, but rather the means by which we collectively attempt (...) to secure public criteria for evaluating what can and cannot be tolerated. Human rights are one expression of the fundamental value commitments of Political Liberalism to reasonableness and tolerance. If correct, this account provides good reasons for concluding that Political Liberalism has a normatively adequate conception of global justice. (shrink)

Gillian Brock develops a model of global justice that takes seriously the moral equality of all human beings notwithstanding their legitimate diverse identifications and affiliations. She addresses concerns about implementing global justice, showing how we can move from theory to feasible public policy that makes progress toward global justice.

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, among other things, (...) affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (shrink)

In this paper, I challenge Joshua Cohen’s denial of the existence of a human right to democracy, using for that purpose arguments presented by Cohen himself in other occasions. In a first section, I explain five contradictions in which I believe Cohen incurs with respect to his previous works. In a second section, I explain two conclusions that I believe can be derived from this development: first, that the right of peoples to self-determination does not impede the existence of a (...) human right to democracy, and second, that this reasoning is not only applicable to the domestic order, but also to global decision-making. (shrink)

In this article I will argue that one of the strongest arguments for the charge of inconsistency in the international application of the rawlsian theory is defective because it establishes the false analogy between the decent hierarchical people and the reasonable comprehensive doctrines as the starting point of Rawlsian theory. Instead, I will argue that the analogy must not be thought as if it would establish comparisons between those two entities but among ways of justifying the tolerance of non-liberal conceptions. (...) At the same time, I will claim that the main cause for the defection of the disanalogy argument is the non-recognition of the objects of justice in the domestic and international cases. (shrink)