David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ethics and Global Politics 4 (3) (2011)
Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the thinking of Kant, Locke, and Rawls, among others and shows how arguments against respect for international law can be answered. It questions arguments based on the analogy between states and individuals, and between international law as it has developed and law based on an ideal social contract between individuals. It then turns to the ethics of care, a recent addition to moral theory, and examines its major characteristics and recommendations. It considers how the ethics of care would view international law and the guidance this moral approach could provide for international relations. The article shows how the ethics of care is compatible with various current trends, and how thinking about globalization and greater international interdependence would benefit from greater attention to it. The article argues that the ethics of care would clearly support respect for international law as it has developed, but that it would even more strongly support addressing current problems in ways that would, in the longer term, make appeals to law and its enforcements ever less necessary. Keywords: international law; the ethics of care; moral theory; political theory; social contract; states; groups; Hobbes; Kant; Locke (Published: 16 September 2011) Citation: Ethics & Global Politics, Vol. 4 , No. 3, 2011, pp. 173-194. DOI: 10.3402/egp.v4i3.8405
|Keywords||Kant political theory social contract states moral theory the ethics of care international law Locke groups Hobbes|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Stefania Negri (ed.) (2012). Self-Determination, Dignity and End-of-Life Care: Regulating Advance Directives in International and Comparative Perspective. M. Nijhoff Pub..
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Jess Kyle (2013). Protecting the World: Military Humanitarian Intervention and the Ethics of Care. Hypatia 28 (2):257-273.
Leon Petrażycki (2010). Law and Morality. Translation Publishers.
Virginia Held (2006). The Ethics of Care: Personal, Political, and Global. Oxford University Press.
Joseph Raz (2003). About Morality and the Nature of Law. American Journal of Jurisprudence 48 (1):1-15.
Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.
Herlinde Pauer-Studer (2012). Law and Morality Under Evil Conditions. The SS Judge Konrd Morgen. Jurisprudence 3 (2):367-390.
John Gardner (2010). Law and Morality. In John Skorupski (ed.), The Routledge Companion to Ethics. Routledge.
Jeff McMahan (2008). The Morality of War and the Law of War. In David Rodin & Henry Shue (eds.), Just and Unjust Warriors: The Moral and Legal Status of Soldiers. Oup Oxford. 19--43.
Howard Brody & Franklin G. Miller (1998). The Internal Morality of Medicine: Explication and Application to Managed Care. Journal of Medicine and Philosophy 23 (4):384 – 410.
Added to index2011-09-20
Total downloads29 ( #59,643 of 1,100,860 )
Recent downloads (6 months)4 ( #80,800 of 1,100,860 )
How can I increase my downloads?