Noah Feldman's “cosmopolitan law.”

Abstract

Noah Feldman’s elegant essay contains many attractive suggestions, especially in its final compelling discussions of various conceptions of Cosmopolitan Law. Less importantly for your purposes, dear Reader, than for mine, it also provides a fair and clear account of some of my own discussions of cosmopolitanism (in the course of which I have made a few suggestions that may be of relevance for the law). In this brief response, I should like to focus on clarifying one of the conceptual distinctions that I have made: the distinction between the rational and the reasonable. In marking that distinction, I was returning to a contrast I had made many years ago, in In My Father’s House: Africa in the Philosophy of Culture. Reading Feldman’s response, I realize that I had been a good deal too economical in explaining what I had in mind. Clarifying my view will also help to reinforce an important distinction, which Feldman both accepts and rightly finds stressed in my own work, between the context of our cosmopolitan obligations, on the one hand, and our political obligations, on the other. That is a central theme of his essay, of course; and in clarifying my view, I hope to clarify, as well, how my “reined-in” account of cosmopolitanism might relate to some of the legal and political exigencies he explores. What distinction do I mark by using the two words “rational” and “reasonable,” words that many people would treat as synonyms? I should say, first, that I take both terms to apply both to ways of thinking about what to believe—epistemic reasoning—and to ways of thinking about what to do—practical reasoning. (I think that feelings can be reasonable and unreasonable, too, but this is a complication I shall ignore here.) At a first pass, the distinction I have in mind is between epistemic and practical procedures that are likely to be successful, given the way the world is (which I call “rational”); and procedures that a normal human being has no reason to doubt will be effective, whether or not, in fact, they are (which I call “reasonable”)..

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Kwame Anthony Appiah
New York University

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