The arc of the moral universe -- Structure, choice, and legitimacy: Locke's theory of the state -- Democratic equality -- A more democratic liberalism -- For a democratic society -- Knowledge, morality and hope: the social thought of Noam Chomsky: with Joel Rogers -- Reflections on Habermas on democracy -- A matter of demolition?: Susan Okin on justice and gender -- Minimalism about human rights: the most we can hope for? -- Is there a human right to democracy? -- Extra (...) republicam nulla justitia?: with Charles Sabel. (shrink)

This chapter contains section titled: Why Two Theories at All? Why Exclude the Interests of Persons? Why Cut Out the Middle Tier? Is Each Society Master of its Own Fate? Do the Asymmetries Get Rawls the Result He Wants? Conclusion Notes.

This chapter contains section titled: Justice as Fairness Rawls and the Cosmopolitan Egalitarians The Puzzle of Rawls's Rejection of Global Egalitarianism Rawls's Fundamental Norm of Legitimacy Why Rawls is not a Cosmopolitan Why Rawls is not a Global Egalitarian The Impossibility of Pure Cosmopolitanism Conclusion Notes.

Previous edition, 1st, published in 1971.

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 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.

This article examines Rawls's and Scanlon's surprisingly undemanding contractualist accounts of global moral principles. Scanlon's Principle of Rescue requires too little of the world's rich unless the causal links between them and the poor are unreliable. Rawls's principle of legitimacy leads him to theorize in terms of a law of peoples instead of persons, and his conception of a people leads him to spurn global distributive equality. Rawls's approach has advantages over the cosmopolitan egalitarianism of Beitz and Pogge. But it (...) cannot generate principles to regulate the entire global economic order. The article proposes a new cosmopolitan economic original position argument to make up for this lack in Rawls's Law of Peoples. (shrink)

The Law of Peoples, with “The Idea of Public Reason Revisited”. john rawls. William James and the Metaphysics of Experience. david c. lamberth.

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

Rawls’s account of international toleration in The Law of Peoples has been the subject of vigorous critiques by critics who believe that he unacceptably dilutes the principles of his Law of Peoples in order to accommodate non-liberal societies. One important component in these critiques takes issue specifically with Rawls’s inclusion of certain non-liberal societies (‘decent peoples’) in the constituency of justification for the Law of Peoples. In Rawls’s defence, I argue that the explanation for the inclusion of decent peoples in (...) the constituency of justification is not, as is standardly assumed, that they are the kind of societies that ought to be tolerated in that way on some prior conception of which kinds of societies ought to be tolerated in that way. The real explanation appeals to a methodological principle underlying Rawls’s approach to political justification, according to which liberals owe justification, as a matter of liberal principle, to those who comply with liberal principles for political institutions that apply to them. If such liberal principles can be complied with by agents who nevertheless cannot accept fully liberal justifications for those principles, then liberalism itself requires liberals to seek justifications which they can accept. This approach gives us a new way to view decent peoples: as just such agents, who are therefore owed a justification for the Law of Peoples that they can accept. Decency is thus a concept that is internal to liberal political justification at the international level. Reading Rawls in this way permits a coherent and attractive defence of his strategy of toleration and of his international theory as a whole. (shrink)

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

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

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)

Liberalism is a distinctively modern political conception. Only in modern times do we find, as the object of both systematic reflection and widespread allegiance and institutionalization, the idea that the principles of political association, being coercive, should be justifiable to all whom they are to bind. And so only here do we find the idea that these principles should rest, so far as possible, on a core, minimal morality which reasonable people can share, given their expectably divergent religious convictions and (...) conceptions of the meaning of life. No longer does it seem evident—as it did, let us say, before the seventeenth century—that the aim of political association must be to bring man into harmony with God's purposes or to serve some comprehensive vision of the good life. The causes of this transformation are various, and not all of them lie at the level of moral principle. But a change in moral consciousness has certainly been one of the factors involved. As Hegel observed, modern culture is inherently a reflective one: notions of principle are essential to our self-understanding and thus to the stability of the social forms in which we participate. Modern culture has no room for a dichotomy between “in principle” and “in practice.” It is worth determining, then, what new moral conceptions have been responsible for the emergence of modern liberalism. Not only will we thereby better understand how we have become who we are, we will also have a surer grasp of the principles that sustain our political life. (shrink)

If we are to understand the concept of toleration in terms of everyday life, we must address a key philosophical and political tension: the call for restraint when encountering apparently wrong beliefs and actions versus the good reasons for interfering with the lives of the subjects of these beliefs and actions. This collection contains original contributions to the ongoing debate on the nature of toleration, including its definition, historical development, justification, and limits. In exploring the issues surrounding toleration, the essays (...) address a variety of provocative questions. Is toleration a moral virtue of individuals or rather a pragmatic political compromise? Is it an intrinsically good principle or only a "second best-solution" to the dangers of fanaticism to be superseded one day by the full acceptance of others? Does the value of toleration lie in respect to individuals and their autonomy, or rather in the recognition of the right of minority groups to maintain their communal identity? Throughout, the contributors point to the inherent indeterminacy of the concept and to the difficulty in locating it between intolerant absolutism and skeptical pluralism. Religion, sex, speech, and education are major areas requiring toleration in liberal societies. By applying theoretical analysis, these essays show the differences in the argument for toleration and its scope in each of these realms. The contributors include Joshua Cohen, George Fletcher, Gordon Graham, Alon Harel, Moshe Halbertal, Barbara Herman, John Horton, Will Kymlicka, Avishai Margalit, David Richards, Thomas Scanlon, and Bernard Williams. (shrink)

The article examines Rawlss Law of Peoples as an attemptto extend the conception of public justification originallydeveloped in Political Liberalism to the internationaldomain. After briefly sketching the main elements of Rawlssconception of public justification, the article examineshow this is developed in Law of Peoples, pointingout the main differences with the domestic case. The articlethen tries to show that Rawlss justificatory strategy containsa number of inconsistencies which undermine the persuasivenessof the conception of international justice he advocates. Thisin turn can be traced (...) back to the failure fully to addressthe constituency problem facing theories ofpublic justification. (shrink)

"The Moral Standing of States" is the title of an essay Michael Walzer wrote in response to four critics of the theory of nonintervention defended in "Just and Unjust Wars." It states a theme to which he has returned in subsequent work. Beitz offers four sets of comments.

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)

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)

This collection of essays displays Charles Larmore’s exceptional ability to combine the best of analytic and Hegelian traditions of moral and political theory. This cross-pollination has produced a book that, as a whole, advances several important new proposals, especially regarding political liberalism and moral epistemology.

What kinds of political arrangements enable people from different national, racial, religious, or ethnic groups to live together in peace? In this book one of the most influential political theorists of our time discusses the politics of toleration. Michael Walzer examines five "regimes of toleration"—from multinational empires to immigrant societies—and describes the strengths and weaknesses of each regime, as well as the varying forms of toleration and exclusion each fosters. Walzer shows how power, class, and gender interact with religion, race, (...) and ethnicity in the different regimes and discusses how toleration works—and how it should work—in multicultural societies like the United States. Walzer offers an eloquent defense of toleration, group differences, and pluralism, moving quickly from theory to practical issues, concrete examples, and hard questions. His concluding argument is focused on the contemporary United States and represents an effort to join and advance the debates about "culture war," the "politics of difference," and the "disuniting of America." Although he takes a grim view of contemporary politics, he is optimistic about the possibility of coexistence: cultural pluralism and a common citizenship can go together, he suggests, in a strong and egalitarian democracy. (shrink)

In this 2002 book, Anna Elisabetta Galeotti examines the most intractable problems which toleration encounters and argues that what is really at stake is not religious or moral disagreement but the unequal status of different social groups. Liberal theories of toleration fail to grasp this and consequently come up with normative solutions that are inadequate when confronted with controversial cases. Galeotti proposes, as an alternative, toleration as recognition, which addresses the problem of according equal respect to groups as well as (...) equal liberty to individuals. She offers an interpretation that is both a revision and an expansion of liberal theory, in which toleration constitutes an important component not only of a theory of justice, but also of the politics of identity. Her study will appeal to a wide range of readers in political philosophy, political theory, and law. (shrink)

Paul Weithman offers a fresh, rigorous, and compelling interpretation of John Rawls's reasons for taking his so-called "political turn.".

_Rawls: An Introduction_ is a uniquely comprehensive introduction to the work of the American philosopher John Rawls, who transformed contemporary political philosophy. In the 1950s and 1960s, political philosophy seemed to have reached a dead end characterized by a loose predominance of utilitarian theses. Rawls’s conception of liberalism placed civil liberties and social justice at its core, and his extraordinary influence has only been confirmed by the extent of the criticism he has provoked. The book is divided into three parts (...) which correspond to Rawls’s three major books. The first concentrates on _A Theory of Justice_ and examines the way in which Rawls’s general vision of social justice is presented. Maffettone also includes here a discussion of some of the most important critiques of Rawls. The second part of the book highlights _Political Liberalism_, with a chapter dedicated to the “passage” from _Theory of Justice to Political Liberalism_. Finally, the third part provides a discussion of _The Law of Peoples_. This work is acomprehensive examination of these three major texts by a renowned Rawls scholar and will appeal to all philosophers and social scientists for whom it is essential to understand the key theories of this most influential of political philosophers. (shrink)

This fully revised and extended edition of James Nickel's classic study explains and defends the conception of human rights found in the Universal Declaration of Human Rights and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified.

What kinds of political arrangements enable people from different national, racial, religious, or ethnic groups to live together in peace? In this book one of the most influential political theorists of our time discusses the politics of toleration. Michael Walzer examines five "regimes of toleration"—from multinational empires to immigrant societies—and describes the strengths and weaknesses of each regime, as well as the varying forms of toleration and exclusion each fosters. Walzer shows how power, class, and gender interact with religion, race, (...) and ethnicity in the different regimes and discusses how toleration works—and how it should work—in multicultural societies like the United States. Walzer offers an eloquent defense of toleration, group differences, and pluralism, moving quickly from theory to practical issues, concrete examples, and hard questions. His concluding argument is focused on the contemporary United States and represents an effort to join and advance the debates about "culture war," the "politics of difference," and the "disuniting of America." Although he takes a grim view of contemporary politics, he is optimistic about the possibility of coexistence: cultural pluralism and a common citizenship can go together, he suggests, in a strong and egalitarian democracy. (shrink)

This is a substantially updated edition of the established guide to this key debate in modern political philosophy.

This book is the first in-depth attempt to provide a moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights.