The law of peoples: The old and the new
Journal of Moral Philosophy 2 (3):353-369 (2005)
| Abstract | John Rawls produced two versions of the law of peoples: an article, published in 1993, and a book, published in 1999. Both versions defend basic human rights as a minimum requirement of a just law of peoples. However, in an apparent effort to strengthen his defense of this requirement, the argument changed. This paper examines the apparent difficulties that forced the changes and maintains that they still do not succeed in justifying basic human rights. The source of the difficulty, I argue, is Rawlss reluctance to impose liberal values on nonliberal societies, and the imposition of such values, I suggest, is unavoidable if basic human rights are to be justified. Hence, if our best attempts to justify basic human rights ultimately show that appeals to liberal values are unavoidable, then we should regard such appeals as no more of an imposition than the expectation that all societies must protect basic human rights. Even more significantly, if such appeals justify liberal freedoms that go beyond basic human rights, then arguments in support of basic human rights would also justify international efforts to advance further liberal reforms within nonliberal societies. | |||||||||
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Hugh Starkey (1992). Back to Basic Values: Education for Justice and Peace in the World. Journal of Moral Education 21 (3):185-192.
Brian E. Butler (2001). There Are Peoples and There Are Peoples: A Critique of Rawls' Law of Peoples. Florida Philosophical Review 1 (2):1-24.
T. Porter (2012). Rawls, Reasonableness, and International Toleration. Politics, Philosophy and Economics 11 (4):382-414.
Antonio Pérez-Estévez (2007). May Western Rights, by Extension, Become Human Rights? The Proceedings of the Twenty-First World Congress of Philosophy 3:61-72.
David A. Reidy (2010). Human Rights and Liberal Toleration. Canadian Journal of Law and Jurisprudence 23 (2):287-317.
George E. Panichas (1985). The Structure of Basic Human Rights. Law and Philosophy 4 (3):343 - 375.
Cristian Lupu (2007). Tolerating Nonliberal States: Human Rights as a Grounding Principle? Journal of Global Ethics 3 (2):223 – 235.
Samuel Freeman (2006). The Law of Peoples, Social Cooperation, Human Rights, and Distributive Justice. Social Philosophy and Policy 23 (1):29-68.
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