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Peace, Justice and International Order: Decent Peace in John Rawls’ The Law of Peoples PDF

201 Pages·2014·0.601 MB·English
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Peace, Justice and International Order Decent Peace in John Rawls’ The Law of Peoples Annette Förster Peace, Justice and International Order This page intentionally left blank Peace, Justice and International Order Decent Peace in John Rawls’ The Law of Peoples Annette Förster Lecturer and Research Associate, RWTH Aachen University, Germany © Annette Förster 2014 Foreword © Chris Brown 2014 Softcover reprint of the hardcover 1st edition 2014 978-1-137-45265-8 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6 –1 0 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted her right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2014 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-49749-2 ISBN 978-1-137-45266-5 (eBook) DOI 10.1057/9781137452665 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. Typeset by MPS Limited, Chennai, India. For Marlies This page intentionally left blank Contents List of Figures viii Foreword by Chris Brown ix Acknowledgements xiii List of Abbreviations xiv 1 Introduction 1 2 Practical Relevance of a Realistic Utopia 8 3 Why Peoples, Not States: Why States, Not Peoples? 19 4 A Typology of Political Regimes 38 5 International Justice and the Principles of the Law of Peoples 62 6 The Society of Peoples: A Union of Well- Ordered Societies? 96 7 Decent Peoples and the Real World 111 8 Decent Peace in The Law of Peoples and Beyond 127 9 Peace, Justice and International Order: A Conclusion 153 Notes 161 Bibliography 170 Index 181 vii List of Figures 7.1 Identification of aspiring decent societies 118 viii Foreword The publication of A Theory of Justice in 1970 established John Rawls as the most important Anglo- American political philosopher since John Stuart Mill, and soon a thriving community of political theorists devoted to interpreting, clarifying and sometimes criticizing this com- plex text emerged. One line of criticism that emerged immediately, for example in Brian Barry’s path- breaking study The Liberal Theory of Justice (1973), concerned Rawls’ acceptance of a clear distinction between the domestic and the international. To rehearse briefly what is by now a very familiar story, Rawls is concerned to develop an account of just institutions for a society, and employs the notions of a contract arrived at in the Original Position under a Veil of Ignorance in order to construct the terms under which individuals would enter such insti- tutions; these terms it is claimed would comprise the most extensive equal political liberties possible, and two principles of social justice, fair equality of opportunity and the ‘difference principle’ which states that inequalities are acceptable only if they work to the advantage of the least advantaged in society. This provides an account of justice in a bounded community, which is assumed for the purposes of the theory to be a self- contained society which individuals enter at birth and leave by dying, a society which is a cooperative scheme for mutual advantage. Relations between such societies are to be determined by a second con- tract made by their representatives – they would agree, Rawls says, to political principles analogous to political liberty, that is the traditional principles and practices of international society and international law: non-aggression, n on- intervention and so on, but not to principles of global distributive or social justice. There would be no international difference principle. The reason he argues thus is because, employing his definition of a society, there is no world or international society, therefore no basis for global social justice. The distinction between the international and the domestic which Rawls repeats here is characteristic of Realist and English School accounts of international order, and of contract theorists from Thomas Hobbes to the present day, but it was unwelcome to the community of justice theorists brought into being by Rawls’ work. For most of these theorists from Barry onwards, it was simply perverse to argue that con- siderations of distributive justice stopped at the water’s edge – a theory ix

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