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PROBING THE LIMITS OF RAWLS’S REALISTIC UTOPIA

Published online by Cambridge University Press:  07 December 2016

Annette Förster*
Affiliation:
Political Science, RWTH Aachen University

Abstract:

In The Law of Peoples, John Rawls introduces a framework for realistic utopia, within which the limits of practicable political possibility are probed through the further development of his international theory. This essay addresses the apparent paradox of realistic utopianism within the context of, and in relation to, ideal theory, in an attempt to explore the scope and limits of Rawls’s theory. The ideas behind Rawls’s realistic utopia are discussed in detail, the concept is contrasted with ideal theory in order to assess to what extent Rawls’s framework for realistic utopia introduced in The Law of Peoples differs from other forms of ideal theory, and the limits of realistic utopianism are identified.

I argue first, that, in an attempt to address the potential feasibility constraint, Rawls tries to distinguish his framework of realistic utopia from that of more traditional ideal theory. I then proceed to examine the differences between realistic utopianism in The Law of Peoples and ideal theory in A Theory of Justice. I then conclude that Rawls only partially meets the challenge of establishing practicable political possibility. In actuality, Rawls’s focus on ideal agents in ideal as well as nonideal theory, together with his emphasis on societies as closed and self-sufficient, ignores the potential for noncompliance by liberal and decent societies, as well as interdependencies between societies that can cause or lead to injustice, conflict, and instability. I argue that despite these flaws, Rawls’s approach nevertheless provokes new insights into the function of the principles of the ideal theory framework as guidelines for real-world policies striving toward peace, stability, and justice.

Type
Research Article
Copyright
Copyright © Social Philosophy and Policy Foundation 2016 

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References

1 Rawls, John, Justice as Fairness (Cambridge, MA and London: Harvard University Press, 2003), 4.Google Scholar

2 Rawls, John, The Law of Peoples (Cambridge, MA and London: Harvard University Press, 1999), 6, 7.Google Scholar

3 Brown, Chris, “The Construction of a ‘Realistic Utopia’: John Rawls and International Political Theory,” Review of International Studies 28, no. 1 (2002): 7 [emphasis in the original].CrossRefGoogle Scholar

4 I am thankful to David Estlund for his insightful comment on the concept of decent peoples.

5 Schmidtz, David, “Nonideal Theory: What It Is and What It Needs to Be,” Ethics 121, no. 4 (2011): 776;CrossRefGoogle Scholar Robeyns, Ingrid, “Ideal Theory in Theory and Practice,” Social Theory and Practice 34, no. 3 (2008): 353.CrossRefGoogle Scholar

6 Robeyns, “Ideal Theory in Theory and Practice,” 344 – 45.

7 Rawls, Law of Peoples, 89.

8 Rawls, John, A Theory of Justice (Cambridge, MA and London: Harvard University Press, 2005 [1971]), 1721, chap. 3.Google Scholar

9 In JF, Rawls describes his concept of justice as fairness as “realistically utopian: it probes the limits of the realistically practicable, that is, how far in our world (given its laws and tendencies) a democratic regime can attain complete realization of its appropriate political values — democratic perfection, if you like” (13).

10 “Liberal societies” are societies based on the two principles of justice identified in TJ, constituted by free and equal, reasonable and rational, as well as fully cooperating citizens. Rawls in LP introduces “decent peoples” as “societies whose basic institutions meet certain specified conditions of political right and justice (including the right of citizens to play a substantial role, say through associations and groups, in making political decisions) and lead their citizens to honor a reasonably just law for the Society of Peoples” (Rawls, The Law of Peoples, 3).

11 Rawls, Justice as Fairness, 5.

12 Ibid., 9.

13 Annette Förster, Peace, Justice and International Order. Decent Peace in John Rawls’ The Law of Peoples (Basingstoke: Palgrave Macmillan, 2014), 1–2.

14 Sutch, Peter, Ethics, Justice and International Relations. Constructing an International Community (London and New York: Routledge, 2001), 177.Google Scholar

15 Plato, The Republic, trans. Allan Bloom (New York: Basic Books, 1991), 472d–e.

16 Rawls, Justice as Fairness, 12.

17 John Rawls, Political Liberalism (New York: Columbia University Press, 2005/1993), XXiV.

18 Rawls, The Law of Peoples, 11.

19 Ibid., 13.

20 Ibid., 128.

21 Ibid., 36–37.

22 Brown, Chris, Sovereignty, Rights and Justice: International Political Theory Today (Cambridge: Polity Press, 2002), 185.Google Scholar

23 Rawls, Justice as Fairness, 4.

24 Ibid., 4 [emphasis added].

25 Rawls, The Law of Peoples, 128.

26 For this strand of criticism see: Robeyns, “Ideal Theory in Theory and Practice,” 355; Shue, Henry, “Rawls on Outlaws,” Politics, Philosophy and Economics 1, no. 3 (2002): 307f.;CrossRefGoogle Scholar Valentini, Laura, “On the Apparent Paradox of Ideal Theory,” The Journal of Political Philosophy 17, no. 3 (2009): 333.CrossRefGoogle Scholar

27 Geuss, Raymond, Kritik der Politischen Philosophie. Eine Streitschrift, [trans.] Wördemann, Karin (Hamburg: HIS, 2011), 1214.Google Scholar

28 Rawls, Justice as Fairness, 87; Rawls, The Law of Peoples, 32–35.

29 Sen, Amartya, The Idea of Justice (London: Penguin Books, 2009), 1112.Google Scholar

30 Ibid., 104.

31 Ibid., 17.

32 Ibid., 16.

33 Ibid, 101–2.

34 Ibid., 26.

35 Brown, Chris, “On Amartya Sen and The Idea of Justice,” Ethics and International Affairs 24, no. 3 (2010): 313–14.CrossRefGoogle Scholar

36 Beitz, Charles R., “Social and Cosmopolitan Liberalism,” International Affairs 75, no. 3 (1999): 519.CrossRefGoogle Scholar

37 Kuper, Andrew, “Rawlsian Global Justice: Beyond the Law of Peoples to a Cosmopolitan Law,” Political Theory 28, no. 5 (2000): 651.CrossRefGoogle Scholar

38 Simmons, A. John, “Ideal Theory and Non-Ideal Theory,” Philosophy and Public Affairs 38, no. 1 (2010), 29.CrossRefGoogle Scholar

39 Pogge, Thomas W., “Rawls on International Justice,” The Philosophical Quarterly 51, no. 203 (2001): 253.CrossRefGoogle Scholar

40 The eight principles of the Law of Peoples are: (1) the duty to respect a people’s freedom and independence, (2) to observe treaties, (3) to consider the equality between peoples, (4) nonintervention, (5) the right to self-defense, (6) the duty to honor (core) human rights, (7) to observe restrictions in the conduct of war, and (8) the duty of assistance toward burdened societies (Rawls, The Law of Peoples, 37).

41 Brown, “The Construction of a ‘Realistic Utopia’: John Rawls and International Political Theory,” 12.

42 Rawls, Justice as Fairness, 87.

43 Rawls, The Law of Peoples, 44–45.

44 Simmons, “Ideal Theory and Non-Ideal Theory,” 34.

45 I am indebted to David Miller for bringing forward this argument.

46 Sen, The Idea of Justice, 104.

47 Ibid., 11; Rawls, The Law of Peoples, 141.

48 Samuel Freeman, “A New Theory of Justice,” The New York Review of Books 57, no. 15, nybooks.com/articles/archives/2010/oct/14/new-theory-justice.

49 Jack Donnelly, “Human Rights,” in John S. Dryzek, Bonnie Honig, and Anne Phillips, eds., The Oxford Handbook of Political Theory (New York: Oxford University Press, 2008), 611 [emphasis in the original].

50 Pogge, “Rawls on International Justice,” 248.

51 Rawls, The Law of Peoples, 37–38, 61–62.

52 Ibid., 78.

53 Schmidtz, “Nonideal Theory: What It Is and What It Needs to Be,” 776.

54 Rawls argues that “there is no single possible Law of Peoples, but rather a family of reasonable such laws” and that the “statement of principles is, admittedly, incomplete” (Rawls, The Law of Peoples, 4, 37).

55 Audard, Cathrine, “Peace or Justice? Some Remarks on Rawls’s Law of Peoples,” Revue International de Philosohie 60, no. 237 (2006): 310.Google Scholar

56 Rawls, John, “The Law of Peoples,” Critical Inquiry 20, no. 1 (1993): 41.CrossRefGoogle Scholar

57 Valentini, “On the Apparent Paradox of Ideal Theory,” 353. See also Macleod, Alistair M., “Rawls’s Narrow Doctrine of Human Rights,” in Martin, Rex and Reidy, David A., eds., Rawls’s Law of Peoples: A Realistic Utopia? (Oxford: Blackwell, 2007);Google Scholar Ypi, Lea, “On the Confusion between Ideal and Non-ideal in Recent Debates on Global Justice,” Political Studies 58, no. 4 (2010): 551.CrossRefGoogle Scholar

58 Macleod, “Rawls’s Narrow Doctrine of Human Rights,” 145.

59 Rawls, The Law of Peoples, 24.

60 Ibid., 53.

61 Ibid.; Rawls mentions overturning Allende in Chile, Arbenz in Guatemala, or Mossadegh in Iran.

62 Chan, Steven, “In Search of Democratic Peace: Problems and Promise,” Mershon International Studies Review 41, no. 1 (1997): 7576.CrossRefGoogle Scholar

63 Pogge, Thomas W., “‘Assisting’ the Global Poor,” in: Chatterjee, Deen K., ed., The Ethics of Assistance: Morality and the Distant Needy (Cambridge: Cambridge University Press, 2004), 262–64.Google Scholar

64 Valentini, “On the Apparent Paradox of Ideal Theory,” 356.

65 Macleod, “Rawls’s Narrow Doctrine of Human Rights,” 145.

66 Valentini, “On the Apparent Paradox of Ideal Theory,” 354.

67 Pogge, Thomas W., “Rawls on International Justice,” The Philosophical Quarterly 51, no. 203 (2001): 251.CrossRefGoogle Scholar

68 Ibid.

69 Pogge, “‘Assisting’ the Global Poor”; Pogge, “Rawls on International Justice,” 253.

70 Ibid.; Rawls, The Law of Peoples, 42–43.

71 Rawls, The Law of Peoples, 43.

72 Rawls, Political Liberalism, 489.

73 Ypi, “On the Confusion between Ideal and Non-ideal in Recent Debates on Global Justice,” 551.

74 Ibid., 538; Robeyns, “Ideal Theory in Theory and Practice,” 347.