The law of peoples, social cooperation, human rights, and distributive justice

Social Philosophy and Policy 23 (1):29-68 (2006)
  Copy   BIBTEX

Abstract

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among the necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay.

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 100,561

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Liberal Foreign Policy and the Ideal of Fair Social Cooperation.Blain Neufeld - 2013 - Journal of Social Philosophy 44 (3):291-308.
Distributive Justice and the Law of Peoples.Samuel Freeman - 2006 - In Rex Martin & David A. Reidy (eds.), Rawls's Law of Peoples. Malden, MA: Blackwell. pp. 243–260.
Critical Notice: John Rawls, The Law of Peoples.Kok-Chor Tan - 2001 - Canadian Journal of Philosophy 31 (1):113-132.
Rawls, reasonableness, and international toleration.Thomas Porter - 2012 - Politics, Philosophy and Economics 11 (4):382-414.
Justice, Stability, and Toleration in a Federation of Well‐Ordered Peoples.Andreas Follesdal - 2006 - In Rex Martin & David A. Reidy (eds.), Rawls's Law of Peoples. Malden, MA: Blackwell. pp. 299–317.

Analytics

Added to PP
2009-01-28

Downloads
319 (#85,045)

6 months
16 (#175,536)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Samuel Freeman
University of Pennsylvania

Citations of this work

Global Justice: A Cosmopolitan Account.Gillian Brock - 2009 - Oxford, GB: Oxford University Press. Edited by Catriona McKinnon.
The Many, Not the Few: Pluralism About Global Distributive Justice.Helena de Bres - 2012 - Journal of Political Philosophy 20 (3):314-340.
Secession of the rich: A qualified defence.Frank Dietrich - 2014 - Politics, Philosophy and Economics 13 (1):62-81.

View all 26 citations / Add more citations

References found in this work

No references found.

Add more references