Hostname: page-component-cd9895bd7-lnqnp Total loading time: 0 Render date: 2024-12-27T08:20:24.442Z Has data issue: false hasContentIssue false
  • English
  • Français

Contractualism and Global Justice: The Iteration Proviso

Published online by Cambridge University Press:  20 July 2015

Richard Vernon
Get access

Extract

While Rawls himself put contractualism to work at the national level, his more cosmopolitan followers have argued that the full requirements of international justice can be reached only by way of a global contractualist argument. Both positions neglect a resource from within the contractualist tradition, The need for iteration of the nation-level contract gives rise to strong and reasonably definite moral requirements. A good-faith adoption of the contractual argument entails, first, a duty to assist those whose potential recourse to just arrangements is blocked by tyranny or political collapse. Second, understood as a net risk-reducing project, a nation-level contract entails a duty not to impede the iterated risk-reduction projects of other national soceties. Envisaging the duty in this contractualist way avoids problems that beset both "natural duty" and "interactionist" approaches to international justice. The non-impedance requirement bears especially on international economic arrangements. The institutional representation of those affected by such arrangements would connect this abstract requirement with practical conclusions.

Type
Research Article
Information
Canadian Journal of Law & Jurisprudence , Volume 19 , Issue 2 , July 2006 , pp. 345 - 356
Copyright
Copyright © Canadian Journal of Law and Jurisprudence 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

An earlier version of this paper was read to the Department of Philosophy at The University of Western Ontario. My thanks to those who participated, as well as to Joseph Carens, Charles Jones and Kirsten Fisher for helpful comments.

1. See especially Beitz, Charles H., Political Theory and International Relations, 2nd ed. (Princeton, NJ: Princeton University Press, 1999 [first published 1979])Google Scholar, and Pogge, Thomas, Realizing Rawls (Ithaca, NY: Cornell University Press, 1989).Google Scholar

2. A charge made as long ago as 1973 by Barry, Brian in The Liberal Theory of Justice (Oxford: Clarendon Press, 1973) at 28–33.Google Scholar

3. Nagel, Thomas, for example, finds the cosmopolitan Rawlsians deficient in this regard: “The Problem of Global Justice” (2005) 33 Phil. & Pub. Affairs 113 CrossRefGoogle Scholar. The objection comes from moral dualists such as Nagel, and Scheffler, Samuel, Boundaries and Allegiances (Oxford: Oxford University Press, 2001)Google Scholar and from nationalists such as Miller, David in On Nationality (Oxford: Clarendon Press, 1995).Google Scholar

4. See Gibbard, Alan, “Constructing Justice” (1991) 20 Phil. & Pub. Affairs 264.Google Scholar

5. Scheffler, supra note 3 at 84-85.

6. Mill, John Stuart, “A Few Words on Non-Intervention” in Robson, John, ed., Collected Works, vol. 13 (Toronto, ON: University of Toronto Press, 1984) 109.Google Scholar

7. Mill, “Civilization,” ibid., vol. 18 at 119.

8. Scanlon, T.M., “The Difficulty of Tolerance” in Heyd, David, ed., Toleration: An Elusive Virtue (Princeton, NJ: Princeton University Press, 1996) 226.Google Scholar

9. In a companion paper, “Compatriot Preference: Is there a Case?” (2006) 2:1 Pol. & Ethics Rev. 1 CrossRefGoogle Scholar, I have argued that the shared-risk argument is more defensible than other available arguments for compatriot preference.

10. See Barry, Brian, Democracy, Power and.Justice: Essays in Political Theory (Oxford: Clarendon Press, 1989) at 445.Google Scholar

11. Przeworski, Adam, Alvarez, Michael E., Cheibub, Jose Antonio & Limongi, Fernando, Democracy and Development: Political Institutions and Well-Being in the World (Cambridge: Cambridge University Press, 2000) at 128-37CrossRefGoogle Scholar.

12. See Buchanan, Allen, Justice, Legitimacy and Self-Determination (Oxford: Oxford University Press, 2004)Google Scholar; Waldron, Jeremy, “Special Ties and Natural Duties” (1993) 22 Phil. & Pub. Affairs 3 Google Scholar.

13. There are other reasons not to derive state functions from state capacity: Vernon, Richard, The Career of Toleration (Montreal, PQ: McGill-Queen’s University Press, 1997) at 31–32.Google Scholar

14. See Singer, Peter, “Famine, Affluence and Morality” in Beitz, Charles H. et al., eds., International Ethics (Princeton, NJ: Princeton University Press, 1985) 247.Google Scholar

15. O’Neill, Onora, Bounds of Justice (Cambridge: Cambridge University Press, 2000).CrossRefGoogle Scholar

16. Ibid. at 195.

17. Charvet, John, “International Society from a Contractarian Perspective” in Mapel, David R. & Nardin, Terry, eds., International Society: Diverse Ethical Perspectives (Princeton, NJ: Princeton University Press, 1998) 114.Google Scholar

18. Ibid. at 120. While I agree that “moral life” must in some sense “come about” in social relations, the idea of contractualism entertained in this paper must obviously reject the critique of moral realism that Charvet associates with that idea. For some critical remarks on Charvet’s view, see Chris Brown, “Contractarian Thought and the Constitution of International Society” in Mapel & Nardin, ibid. 132.

19. I don’t believe that one can evade the requirements by embracing the radical partialist option, at least if one wishes to retain a case for political obligation, for there simply is no reason to think that the bounds of obligation marked out by that option will resemble the boundaries of states.

20. This is of course merely a brief abstract statement of a view that needs much concrete elaboration. Among many excellent recent discussions, see Holzgrefe, J.L. & Keohane, Robert O., eds., Humanitarian Intervention: Ethical, Legal and Political Dilemmas (Cambridge: Cambridge University Press, 2003).CrossRefGoogle Scholar

21. James Bohman also attempts to support such a conclusion, using a “republican” rather than a contractualist approach: but I believe his argument is exposed to the same difficulties as other versions of interactionism. See Bohman, James, “Republican Cosmopolitanism” (2004) 12 J. Pol. Phil. 336.CrossRefGoogle Scholar