John Rawls claims that “benevolent absolutisms” honor human rights without honoring political participation rights. Critics argue that he is mistaken. One objection appeals to the instrumental value of political participation rights. This objection holds that without political participation rights, individuals cannot secure the content of their rights against encroachment. Given this, individuals without political participation rights cannot be said to have rights at all. Here, I evaluate this instrumental objection. I identify three ways of relating political participation rights to human (...) rights and show that one makes sense of Rawls’s claim. I then defend this view from instrumental objections. This has implications beyond the realm of Rawls scholarship. Many societies are not democratic and are not democratizing. We must determine whether any of these societies can secure at least the content of human rights and, if so, what shape their social and political institutions must take to do so. (shrink)

In The Law of Peoples, John Rawls defends the claim that ‘decent’ societies (non-liberal, non-democratic constitutional republics) deserve full and good standing in the international community. His defense of decent societies consists of two main arguments. First, he argues that the basic human right to political participation does not imply a right to democratic political institutions. This argument has been thoroughly discussed by commentators. Second, he argues that decent societies, if admitted to the international community, would pose no special threat (...) to the stability of that community. This argument has largely been ignored. My aim in this article is to analyze this second argument, which I call the ‘peace argument'. argumen. (shrink)

A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.

In The Law of Peoples, Rawls defends the stability of his proposed international order with the democratic peace thesis. But he fails to extend this thesis to decent peoples, which is curious, since they are a non-temporary feature of his law of peoples. This opens Rawls’s proposal to certain objections, which I argue can be met once we understand fully the nature of the democratic peace. Nevertheless, there is reason to worry about the stability of Rawls’s proposed international order. This (...) worry has little to do with decent peoples, though, and is generated by other features of his law of peoples. (shrink)

In The Law of Peoples, Rawls defends the stability of his proposed international order with the democratic peace thesis. But he fails to extend this thesis to decent peoples, which is curious, since they are a non-temporary feature of his law of peoples. This opens Rawls’s proposal to certain objections, which I argue can be met once we understand fully the nature of the democratic peace. Nevertheless, there is reason to worry about the stability of Rawls’s proposed international order. This (...) worry has little to do with decent peoples, though, and is generated by other features of his law of peoples. (shrink)

On the moderate view, an objecting pharmacist may refuse to fill a prescription, provided that the pharmacist then refers the client to a non-objecting pharmacist who will fill the prescription in a timely manner (see, e.g., Cantor and Baum, 2004, or Brock, 2008). This view seeks to balance the interests of the pharmacist and the interests of the client. The complicity objection holds that the moderate view fails to balance these interests, because the referral itself makes the objecting pharmacist complicit (...) in the act she sought to stop or at least avoid (see, e.g., Brock, 2008, Card, 2007, Charo, 2005, Nelson 2005, Snyder, 2010, Wicclair, 2006). Some claim that this objection shows that an objecting pharmacist should not be required to refer the client to another pharmacist. But what are the limits of the complicity objection? For example, does the complicity objection imply that an objecting pharmacist should also refuse to return the prescription to the client? I argue that the complicity objection has this implication. This does not mean that pharmacists should confiscate prescriptions. My goal is just to examine the moral reach of the complicity objection to the moderate position. What we should do, once we recognize the reach of this objection, is a separate question that I do not take up here. (shrink)

Some argue that at least some non-liberal, non-democratic societies deserve fiill and good standing in the international community. These arguments imply that some divergence in understanding the role of the press is also justified and should be tolerated. But what are the limits of diversity here? I begin to find these limits by considering John Rawls's "decent" societies in the context of Amartya Sen's work on famine. Sen claims that a free press plays an important role in famine prevention. After (...) giving an account of press rights, I argue that a partially free press can play the role Sen attributes to the free press. I then argue that decent societies could and should accommodate such partially free presses. (shrink)