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Published online by Cambridge University Press: 24 February 2006
We live in “one world.” The globe is an ecological whole, sufficiently connected that it is now possible to envision climate changes and catastrophes that affect the entire planet. The world's economy is increasingly becoming interconnected. Human beings recognize a common humanity, including a body of human rights. But we are not the “single nation state” hypothesized by the South Commission. We are divided into many peoples, governed by the slightly more than the 191 states recognized by the United Nations as members. But the existence of many peoples does not answer the normative questions implicit in the South Commission's warning. Should we be trying to govern the one world as if we were one people—and take on the task of building a single stable world order, bridging the divides between the much better-off top fifth and much less well-off bottom four-fifths? Or, should the one world be governed as if it were two sets of peoples, one set free and the other not? Or, should a third order shape the world, one that encompasses many peoples who develop the rules, agreements and accommodations that are needed to keep those peoples at peace where possible and promote mutually advantageous cooperation, while taking those measures that address the emergencies and extremes to which all decent states would concur?
Were all humanity a single nation state, the present North/South divide would make it an unviable, semi-feudal entity, split by internal conflicts. Its small part [one fifth] is advanced, prosperous, powerful; its much bigger part [the other four fifths] is underdeveloped, poor, powerless. A nation so divided within itself would be recognized as inherently unstable. A world so divided should likewise be recognized as inherently unstable. And the position is worsening, not improving.South Commission, The Challenge to the South, p. 21
The recent report of the World Commission on the Social Dimensions of Globalization comes to a similar judgment, calling the current inequalities “ethically unacceptable and politically unsustainable” (2004, p.3).
We live in “one world.” The globe is an ecological whole, sufficiently connected that it is now possible to envision climate changes and catastrophes that affect the entire planet.2
For example, as developed by Singer 2002, chapter one.
I propose both to give an account of why it is that John Rawls, the most prominent political philosopher of egalitarian justice in our time, came to the last conclusion—many peoples—and why it is that his conclusion seems justifiable. His criteria and categories, presented as hypothetical by him, do have real world referents, but their practical reach is quite limited. His conclusions are reasonable from two points of view: his work is both principled and practical, even though it is not complete—principled because it corresponds with the priority Rawls places on liberty, and practical because existing states, if motivated by liberty, can actually abide by these principles. But it is not complete; some of his general principles might lead to less international toleration and greater redistribution than the argument in The Law of Peoples suggests.
That Rawls's argument has proven controversial is evidenced in the contrary conclusions reached by numerous of Rawls's closest interlocutors. Some “cosmopolitan” critics, such as Charles Beitz, Thomas Pogge, and many more see themselves as applying the core ideas of Rawls's domestic conceptions of justice to the wider world. Others, such as Peter Singer, adopt different but equally cosmopolitan foundations.3
The literature reviewing Theory of Justice and The Law of Peoples is vast and impressive. In addition, to the specific citations below I have found helpful, Amdur 1977, Barry 1982, Blake 2001, Buchanan 2000a, Caney 2002, Freeman 2005, Gudridge 2001, Miller 1998, Moellendorf 1996, Tan 2001, and Tucker 1975.
In his magisterial A Theory of Justice, Rawls explained how separate individuals could converge on agreed standards for what is fair for the overall distribution of rights and valued primary goods.
How do we decide what is a fair set of standards? Rawls said that we should contemplate a hypothetical contract.5
TJ.
Rawls says we should choose two sets of basic principles, the first being Maximum Equal Liberty and second, Equal Opportunity and the “Difference Principle.” Liberty is prior. Even from a self-interested point of view, we have a stake in equal liberty for all. If, after the veil of ignorance was lifted, it turned out that we were part of a minority, we wouldn't want to be oppressed by tyranny, even by democratic majority tyranny. So we would insist on civil liberties, such as constitutional protections of free speech, religion, and assembly. For matters not protected by basic liberties we would want democratic government so that our voices would be equal. Second, we would require Equal Opportunity and the Difference Principle. That is, we would want income distributed so that (a) it was open to fair competition (no discrimination) and (b) we would all receive equal income, unless differences in income helped the people at the bottom of the social ladder improve their condition. That is, we would reward the long hard work of surgeons with an income high enough to attract enough skilled practitioners away from sunbathing because, unlike sunbathing, surgery helps those needing medical care. We all would want the “difference principle” because we, too, might turn out to be among the poorest, least able, severely ill or handicapped, after the lifting of the veil.
These highly egalitarian principles, Rawls said, apply only to domestic society. In an incomplete argument in the Theory of Justice, Rawls said that international relations should be governed by traditional international law (the legalist paradigm, no aggression, etc.) and just redistribution should be in the domain of domestic determination.6
TJ.
Despite Rawls's brief rejection of international extension in A Theory of Justice that his principles warrant global application, many argue for just such an extension of his domestic theory.7
For an insightful review of this literature see Moellendorf 1996.
These privileges are not completely equal across all categories; the presidency, for example, is limited to citizens born in the United States.
Similar extensions could govern distributive principles. Indeed, Charles Beitz, Thomas Pogge and others have reasonably objected that Rawls assumes unwarrantedly that societies are self-sufficient in international relations. Instead, they argue, societies are interdependent. So like interdependent individuals, nations who trade, invest, borrow and yet are unequal must redistribute goods fairly. Moreover, they must consider that—like the endowments or talents of the hypothetical domestic original condition—national natural resources are arbitrary from a moral point of view.9
The U.S. has done nothing to deserve ownership of the fertile Great Plains, Mesabi iron ore, and West Virginia coal fields, while the Sahelians deserve only the encroaching desert sands.By analogy the world, too, needs a hypothetical social contract in order to redistribute justly the products of social interdependence. We then should distribute goods behind a veil of ignorance as if we also did not know of which country we would find ourselves a citizen. The implications are unclear. How much would the wealthy have to tax themselves to implement a global difference principle in which all incomes were distributed in such a fashion that inequalities were permitted only to the extent that they served the needs of the world's least advantaged? However indistinct in its details it might appear, such a calculus would seem to give rise to a large duty to redistribute income to the poor across the globe. It would also involve ignoring, for distributive purposes, a world of many peoples and treating the world, for economic purposes, as if it were one people.
Peter Singer in a classic article draws on different foundational assumptions, adding a utilitarian argument that we should base our distribution of goods on values that are common to all mankind, i.e., saving lives, avoiding harm. Liberal and cosmopolitan in its assumptions, it treats all humanity as ends, irrespective of state borders or class division.10
Singer, in the midst of a Bengal famine, writing in 1971 focused on the most desperate problem of international distributive justice—the plight of the starving. Of course many other disasters have come since and there are more than enough crises to spark our continuing concern. He says that charity is not a sign of generosity, but an imperative duty of justice. And this point he makes in an unforgettable analogy.
Imagine walking by a shallow pool of water and seeing a two-year-old child drowning in it. What should you do? Obviously, you should walk in and save the child. And so, just that simply, you should aid people starving in the world.11
Singer also grounds his argument in a utilitarian critique of Northern government expenditures in 1971, the crucial famine year. What is the implication, he asks, given that Australia spent more money on the Sydney Opera House than on famine relief or Britain more on development of the Concord.
But many would object:
a. Starving people are foreigners, or are on the other side of the world.
b. Other people don't provide aid; why should I?
c. I can't end the starvation unless all the rich also aid.
d. Aid is costly; I don't have enough to spare and still meet my other needs.
e. It's government's—my country's—responsibility, not my personal responsibility.
Singer takes up each of the objections in turn.
a. Foreigners. Would it make a difference if it's not your child in the pool? Or if it takes place not in your hometown? Obviously not.
b. Other people don't aid the starving, so why should I? Would it make a difference if three other people were standing around doing nothing?
c. Too many people are starving; I can't save them all? What if there are ten children drowning, and you cannot save them all. Shouldn't you save as many as you can?
d. Too costly to aid the starving? What if you are wearing your best dress or suit, should you still jump in? Of course.
e. It is a government responsibility? Yes, but if lifeguards aren't present should you shrug your shoulders?
A stronger objection is “What if it is truly costly?” Suppose the children are swept away in a deep, raging river and rescue is a risk to your own life. Then, Singer at last acknowledges, it seems different. There is no moral obligation; instead, rescue becomes an act for heroes.
But how much risk, or cost, is less than life-threatening? Singer argues that for a pure utilitarian, it is up to the point that your own life is also at risk. This means that one should, if necessary, reduce your real income to the poverty or starvation level. Mother Theresa, thus, was doing the right thing, but are any of the rest of us? Singer then provides a more accommodating version of his ethic. He suggests that at least we should reduce our income significantly in order to offer assistance—that is, by 40 percent, 30 percent, or 20 percent. Or, at the very least, we should do something—agitate, petition, or try to persuade the government to supplement our efforts to aid the world's desperate.
Powerful as this ethic is, it leaves many questions even for the well intentioned. Does it apply to lesser inequality, or does it only hold in an emergency?12
While Singer formulates his ethic only in terms of emergencies and not in terms of lesser inequalities, the two are quite closely related in practice and Singer broadens the analysis to poverty in One World (2002). Perhaps the simplest way to see this is to consider that even given a severe drought in the United States—there is little (if any) chance of Americans experiencing famine conditions. Utilitarians should have no problem imploring us to care about the 90% of the 40,000 deaths per day due to non-emergency chronic hunger conditions.
One alternative to “one world” global justice—whether Beitz's global fairness or Singer's utilitarian principles of global distribution—posits two zones of world politics, one at peace and the other not. It limits distributional claims founded on liberal principles to the first zone, where claims can be justified when liberty is accorded priority.13
This is an argument I made in Doyle 1983b and elaborated in Doyle 1997, chapter 11.
International rights, it is argued, must be founded on moral freedom and individual self-determination. This foundation sustains a “democratic peace” among liberal republics. Although states throughout history have gone to war with each other to advance both their rational national and non-rational governmental interests, liberal democratic peoples have, by and large, respected each other's sovereignty and security. This is the argument of the liberal, Neo-Kantian “democratic peace” thesis, which holds that democratic peoples do not war against each other (though they sometimes do war against non-democratic peoples). The three reasons are that first, liberal peoples are responsible to the majority of electors, who, unlike monarchs and dictators, cannot regularly displace the costs of going to war on others. If, second, those electors respect liberal principles, they will respect the rights of peoples similarly free to express their rights, and negotiate rather than fight over differences of interest. And third, respect for rights of property and the benefits of commercial exchange will reinforce these moral commitments.14
See Doyle 1983a and for extensive discussion, including a variety of proponents and critics, Brown et al. 1996.
The neo-Kantians argue that one should not separate the economic from the political features of a just social order. Nonetheless, freedom is prior to wealth, just as Rawls's Maximum Equal Liberty is prior to the Difference Principle. Only if the first can be secured, should one proceed to the second.
We should recall that there are domestic exceptions to the priority principle. Rawls and others have argued that freedom and democratic self-determination can be compromised for material well-being, if the community finds itself in a state of desperation. Then the natural principle of justice should operate, determining that the basic minimum subsistence of all is the first duty of public justice.15
Isaiah Berlin, for example, suggests the prior importance of at least a minimum level of subsistence before personal and political liberty can be enjoyed (Berlin 1969, “Introduction”).
TJ, 252–53.
The enormous social inequalities between the richest one-fifth and the other four-fifths of the world that characterize the present international order might—however implausibly—suggest that the same redistributive prescription of natural justice should apply internationally.
Extended to the global scale, however, this prescription runs up against fundamental liberal constraints. The first objection is that it is not clear that an effective global, liberal polity can be formed. Differing from the Utilitarians and (apparently) other advocates of One World justice, no neo-Kantian liberal would want to join a “Scheme of Global Social Cooperation” unless it included a complete global social contract.17
Rawls's position is, however, complex, resting as much as anything on his view that peoples from different cultures do not possess the (non-political) cultural common ground to “construct” a just cosmopolitan order. Here a dissenting line of liberal thought (one distinct from both utilitarianism and global common law) is worth mentioning: Explicitly motivated by questions of development in the Global South, Martha Nussbaum, Amartya Sen and Seyla Benhabib have recently attempted to construct a universalistic philosophy of “human capabilities” that stakes out what might be called the middle ground between Rawls and the a priori cosmopolitanism of Pogge, Singer and Beitz (Benhabib 1995). Another route to justice not explored here is piecemeal justice, issue by issue. In this model, as suggested to me by Charles Beitz, the fair play principles appropriate to a just trade regime or just regime of environmental cooperation would be established and global justice would only be examined as a residual guarantee. Undoubtedly, a just trade regime would go a long way towards reducing global inequalities. Agricultural and other commodity subsidies in the industrial North violate just principles of fair play free trade and greatly discriminate against the less developed world of the global South. The owner of the average cow in Europe or Japan receives a subsidy ten times the income per capita of the lowest fifth of the world's human population. Cotton and other commodities in the U.S. receive equally egregious subsidies. Removing those subsidies, permitting developing world exporters greater access to the markets of the developed North, would thus be a large step toward global justice and equality. But the removal of those subsidies would not address the inequalities that characterize the poorest parts of the world that lack the productive facilities and access to markets that would encourage them to grow their way out of poverty. These poorest areas need assistance to develop the physical and social infrastructure that would permit them to take advantage of global trade (assuming that it was organized on fair basis) and this assistance would seem to need to be motivated by more global considerations of justice such as those that the cosmopolitans raise.
Part of the problem is institutional design. Immanuel Kant, for example, regarded global sovereignty, whether liberal in aim or not, as equivalent to global tyranny due to the remoteness of the representation it would entail.18
If the maximum effective size of a deliberative legislature is the conventional 500 or so, a global constituency would have to be of the order of 8 million persons. The other alternative to direct representation—confederal solutions that mix direct and indirect elections—also attenuate the political life of the citizen or create grounds for serious conflict between the local government and the remote confederation. But the range of effective institutions governing a viable community has varied over time, as Beitz notes, raising the issue of whether current institutional capacities should constrain duties. See Beitz 2000, 683.
For some liberals, therefore, the redistribution that can be justified on liberal-contractarian grounds does not stretch beyond liberal government. Modern states may already be too large for effective liberal politics; it is even harder to argue that global government can be a liberal aim. Global reformers need to be able to guarantee that a scheme of global natural justice to assist the poor will end in effective, global equal liberty. Without the prospect of moral autonomy through representative government, this form of international redistribution is not justified on liberal grounds.
A second objection reflects the residual insecurity of the contemporary order. As long as there is no guarantee of international security, indiscriminate obligations to redistribute substantial amounts of income and resources (including redistribution to potential security threats) cannot be justified.19
This prohibition need not include small payments into multilateral institutions that (albeit via a middleman) already result in some minor such redistributions—for example, some of Israel's contributions to UN institutions actually end up funding projects that benefit its enemies. The question of “where to draw the line” as it relates to the still simmering debate over a more significant multilateral tax in exchange for the privilege of UN membership is an interesting one indeed.
And, lastly, additional concerns arise at the individual level. The priority of freedom reflects the assumption that it is freedom that makes life subjectively valuable. Thus obligations incurred in the name of freedom to distribute to the destitute at home or abroad have to have a cut off that allows individuals to pursue a self-determining life. Such cutoffs could apply domestically in liberal societies. They apply a fortiori given the much greater global inequalities. They should not be forced to be “moral saints” or be subject to “moral tyranny.”20
See the argument of Susan Wolf 1982.
It should be stressed that these objections to the application of just redistribution should not apply to cases of assistance to the destitute, particularly when they are reachable by neutral nonpolitical agencies, such as developmental nongovernmental organizations. Nor do those three objections apply with equal force to social justice within the zone of the pacific union of liberal states. Liberal states have not formed an international commonwealth or a comprehensive scheme of social cooperation, but they do share a common project of respect for individual rights and they respect each other's sovereignty; and so the second, the security, objection to redistribution has no force.21
Kant's argument for the mutual security that should be established among fellow liberal republican states is in “Perpetual Peace” (Kant 1970).
As importantly, as Peter Singer has pointed out, these objections do not take into account the fact that thousands, hundreds of thousands, perhaps millions of individuals in the contemporary world would be happy to emigrate to the existing “many peoples” of the developed world on existing, liberal terms of citizenship, fully accepting all the local, liberal norms and laws that currently hold sway. Moreover, as Singer notes, the existing international economic order could be radically improved in ways that meet many of the basic needs of the poor with even a minimal sacrifice (1 percent of income) of the wealthy—if most of the wealthy were persuaded to make this small sacrifice. Even though neither of these two measures is likely to establish a globally just economic order, each separately and both together could certainly advance the basic needs of the poor and be steps toward greater justice.22
Singer 2002, 169–70 and 193–95, but as Carens 1989 notes completely open immigration might limit the ability of the citizens of wealthier societies to choose the kinds of health and social policies that they would prefer. Generous social benefits might be swamped by uncontrolled immigration. For a valuable criticism of Rawls's neglect of migration and the import of that neglect for his overall argument see Benhabib 2004.
Even though advocates of global justice draw inspiration from Rawls's “justice as fairness” and even though Rawls himself draws on Kantian ideas, Rawls himself draws very different conclusions from both the advocates of global justice and the Neo-Kantian advocacy of discriminate international justice. He shares with the Neo-Kantians the view that the world is not an incipient single global scheme of cooperation. He shares with the advocates of global justice a reluctance to draw lines of discrimination between liberals and non-liberals.
Instead, Rawls starts at a different place—not with the global original position of all individuals but with the principles relevant to the relations among existing societies for the “international political world as we see it.”23
LP, 83.
LP 1999, 86.
Rawls claims that eight principles—those characterizing the core ideas underlying conventional international law—would be chosen:25
LP, 37.
These, together with provisions for free trade and international organizations to supplement cooperation, would be selected in a second, world-level contract among “Free and Equal Peoples.”
Are these principles a realistic code of behavior for peoples? Rawls says they are. Rejecting realpolitik assumptions associated with the balance of power against power, he ascribes to the “democratic peace” the mutual security and toleration that provides a realistic political foundation for the eight principles of the Law of Peoples, among fellow liberal peoples. The more problematic issues are the duties liberal peoples have to those other peoples less advantaged (redistributive duties to the global poor) and the relations they have with non-liberal peoples (how wide is the scope of toleration?). Here Rawls rejects the arguments of both One World global redistribution and Neo-Kantian liberalism, but not altogether persuasively.
Will peoples want also to adopt a “difference principle” to distribute income justly across borders? Controversially, separating his argument from the One World advocates of global justice, he says they wouldn't. This is because peoples will want to preserve their independence and self-determination.
Relieving the suffering of the poor so that they can experience health, well being and be self-determining, self-respecting effective members of their society applies everywhere. But the usual domestic arguments that favor more egalitarian distributions do not apply in an international society of peoples.
Rawls is aware that societies are interdependent in that they provide assistance to societies in need and trade with each other and invest in each other's economies.26
Rawls discusses international distributive justice and his rejection of One World standards, in LP, 113–20.
LP, 55.
Since they are not part of the same scheme of cooperation, the standards of effective participation will differ between societies. So, too, do the standards of what it takes to lead a life in dignity and have a reasonable chance of competing on the basis of equality of opportunity for societal and political positions.28
LP, 114–15.
Gross domestic product per capita as ranked by the CIA World Fact Book (1999) and democracies/”free countries” as determined by Freedom House's Freedom in World (2004).
The justice of the international distribution of resources is also not crucial, according to Rawls, because states do not need equal resources in order to establish “decent” (to be defined below), self-determining domestic institutions. Indeed, imposing the same distribution restricts the freedom of choice of poorer societies.30
Macedo 2004 effectively develops and elaborates on the importance of this point. For other arguments supporting views related to Rawls's on the importance of autonomy and the political foundation of justice, see Blake 2001 and Nagel 2005.
Imposed redistribution also limits the legitimate freedom of wealthier societies, who have a right to choose higher over lower savings rates or lower over higher rates of population growth (both for the sake, for example, of greater future income). Redistributing income each generation would vitiate their choices, violating their rights to self-determination.31
Beitz 2000, 692, replies to Rawls that not redistributing international income makes later generations in the poorer country bear the burdens of choices that their ancestors made. This difference is not readily resolved on the basis of claims to self-determination.
Which peoples can participate in the society of peoples, sharing the eight principles of international order? Which peoples would be likely to choose such a set of principles and have their choices be mutually and reliably respected? Some Neo-Kantians, as noted above, would limit the set of such peoples, which Rawls calls “well-ordered”, to other liberal peoples, excluding all those that do not meet the test of representative democracy, protecting legally established individual rights. In contradistinction, Rawls argues that the set of well-ordered peoples should include not merely liberal peoples but also other well-ordered peoples that he calls “decent societies,” which include “decent hierarchical societies.”32
There are other forms of decent people, but Rawls does not focus on them.
LP, 61.
Why would such decent hierarchical peoples respect the eight principles? In part, Rawls says that they would because being non-aggressive and respecting basic human rights are part of what it means to be a decent people. Beyond that, he adds further definition of what a decent hierarchical people is: they are not likely to have cause to be aggressive. Decent peoples respect human rights to life (including basic rights: no torture, no starvation etc.) but also freedom of thought and religion. They have a consultation hierarchy such that rulers consult interest groups, composed and represented by their own members (e.g., women by women, etc.). They recognize a right of dissent and governments duly reply, though not necessarily comply.34
LP, 75.
Why would, why should, liberal peoples respect the decent hierarchical peoples? Why, the liberal might ask, respect them if they do not treat their own people with equal respect? Partly, of course, Rawls answers that they respect many human rights, do consult, etc.—they embody key liberal principles. Under what circumstances could one justify aggressive pressure when they so closely track liberal values? The answer is sure to be just about never. But Rawls asks more: that liberal peoples freely tolerate these societies and eschew even criticizing them, even though they do not accord equal rights to their members or treat their members equally from even a political point of view.
Can Rawls appeal to the stability of the democratic peace thesis to support respect for decent hierarchicals, as he did for tolerance and peace among liberal peoples? It doesn't appear so. Liberals respect other liberal governments because those governments represent individuals who deserve respect. But that very logic of representative respect that generates tolerance for fellow liberal peoples generates suspicion of governments that systematically remove themselves from democratic accountability to the majority. If those governments will not trust their own publics, why should we trust them? The record of war and cold war between liberals and non-liberals lends support to this, ranging from the record of tension and war on the one hand between liberal France and Britain, and semi-autocratic Germany on the other, before World War I, to the cold war between the U.S. and the Soviet Union after World War II. Lest we assume that this is solely a product of autocratic aggression, recall the long record of liberal imperialism in Africa, America, and Asia against societies that offered insufficient protection for trade and private property.35
See Doyle 1983b.
Rawls suggests that it was insufficiencies in the equal protection of rights or inadequacies in the social protections that ensured fair equality of opportunity (such as unemployment or health insurance) that made liberal polities subject to manipulative elites and therefore aggressive against non-liberal polities. But the evidence for this is indeterminate. Semi-socialist Sweden and Denmark are less militarily interventionist than (more) laissez faire U.S., but in modern times the UK, France, and Italy (all with better social insurance than the U.S.) are no less interventionist.
As further evidence of a prospect for international toleration of hierarchicals,36
LP, 69.
Lastly, do they exist? Are there actually existing “decent hierarchical societies”? Rawls implies as much and, with obvious reference to the hierarchical rule and established religion that are associated with many Islamic societies, calls them “Kazanistans.”37
LP, 69. Rawls notes that decent hierarchical societies are effectively ideal types or hypotheticals. There may not be any given society that exactly embodies all his criteria: “I do not argue against this contention, and indeed it may be true” (75n.).
Table A1: Candidates for Decent Hierarchical Societies
Although legislative institutions are weak, these states, including especially the Gulf states, benefit from small size. One recent article makes this point well:
The small size of Kuwait, Bahrain, Qatar, and the UAE offsets these weak [quasi-legislative] institutions. To varying degrees, all the Gulf ruling families and elites provide some access to their citizens by holding regular, but informal, meetings where citizens can air complaints, petition for redress of grievances, or otherwise try to influence decision-making. As one Bahraini interlocutor noted, “I don't worry too much about whether I have a vote or not—after all, I can talk to someone who talks to the ruling family simply by picking up the phone.”38
Byman and Green 1999, 10.
One can wonder whether this is an elite privilege or whether everyone enjoys the same two degrees of separation from the sovereign. But another scholar makes a similar argument in regard to Oman. The Sultan of Oman makes an annual tour of the country to hear complaints and petitions from his people. At other times of the year, “if a matter is urgent, a person can wait outside the palace and stop the sultan's car.”39
Riphenburg 1998, 69.
Do relations between liberal states and decent hierarchicals demonstrate respect and evidence stability? We lack systematic tests of this issue, and impressionistic evidence is contradictory. According to the U.S. Congressional Research Service, after 9/11 the, “Gulf States, despite public sentiment that sympathizes with some aspects of Al Qaeda's anti-U.S. views, have been [unusually?] supportive of the U.S. military effort against the Taliban and Al Qaeda.”40
Katzman 2003, 1.
See the speech by UK Foreign Minister Jack Straw, “Partnership for Reform in the Arab World” at the Civility [sic] Programme on Middle East Reform (March 1, 2004) in http:://www.caabu.org/press/documents/straw-eu-fpc.html. National Security Adviser Condeleeza Rice described the communiqué on the Middle East Initiative as “a very strong affirmation of the need for reform and change in the Middle East, for the need for modernization in the Middle East because, in fact, you cannot have the kind of economic renaissance that needs to take place in the Middle East without doing something to enhance the creativity of (their) people.” (Cox News Service, June 8, 2004, 12:00 a.m.).
In short, evidence for a stable scheme of respect between liberal peoples and decent hierarchicals—a scheme that would significantly expand the society of well-ordered peoples—is weak. Decent hierarchicals do not appear to include the major non-liberal powers of the current world order, such as China, which does not regularly tolerate free speech, assembly, dissent or religion. Nor would they likely include other non-liberal states, such as Myanmar or Cuba, that are current objects of contention with the liberal world.42
Rawls discusses none of these states. Whether they would fit as outlaw states depends for him on either or both their human rights records and tendencies toward aggression.
Outside the society of well-ordered states, Rawls postulates that there lie outlaw states and burdened societies. Outlaw states are states that do not respect the eight principles and do regularly violate human rights. As such, they do not merit respectful toleration by liberal peoples and, under extreme circumstances, may be justifiably intervened against in order to prevent or stop genocide or other extreme abuses of human rights.43
LP, 81. Benevolent dictatorships, a fifth category of state, do not merit the respect accorded to decent hierarchical societies (because they do not embody consultation hierarchies, etc.) but since they do not violate basic rights and are not aggressive, they too have a right of self-defense and should not be aggressed against (LP, 92).
LP, 93.
Burdened societies raise very different issues. They are not expansive or aggressive, but they lack the institutions and political culture, the material resources, and the physical and human capital needed to be well ordered. Well-ordered peoples have a duty of assistance to help burdened societies become well-ordered. This does not mean wealthy or equal. Rawls has previously argued that wealth (beyond a low minimum) is not required to become well ordered. Nor are extensive resources needed (so that they need not be distributed according to cosmopolitan, one world, standards of fair use). Culture and institutions, Rawls argues, are much more important in determining a well-ordered society than are natural resources. (Here he follows Amartya Sen's arguments about the importance of human rights as a means of securing the welfare of the least advantaged.) Advice, much more than money, may be useful to assist societies to appreciate the importance of protecting the interests of the least advantaged, for example, women (p. 110).45
LP, 110.
Despite his arguments against cosmopolitan duties of international economic distribution, it would be wrong to see his work as a brief for global capitalism, or present political and economic inequalities. The duties of assistance that he posits would be radical in their present implications. Preventing starvation and ending gross abuses of human rights presupposes that the wealthy and powerful states will fulfill large commitments to humanitarian assistance and international intervention. Assisting burdened peoples and those subject to outlaw states is for Rawls a true obligation. If it is limited by assistance until “decency” is achieved, that does not mean that achieving a decent society is any less ambitious a target in the current world where, for example, 250 million mostly rural sub-Saharan Africans live on less than a dollar a day, subject to climate and other agricultural vagaries that make famine an ever-present threat and their daily living precarious in the extreme.46
For a discussion of realistic remedial measures, see the UN Millenium Project 2005.
Rawls's Law of Peoples is a profound work that completes his great works on the theory of (domestic) justice. It challenges one world cosmopolitans by questioning whether the distributive utopia they envision can be regarded as realistic, given the world we know today and the peoples that inhabit it. It challenges the Neo-Kantians who posit a world of many peoples divided between liberal and non-liberal zones by arguing that their moral vision does not adequately take into account the respectability of some peoples who embody principles of human rights and respect for international law, even though they lack democratic institutions.
The Law of Peoples' limitations correspond to these differences. It misses one of the great attractions of the cosmopolitan morality. In a world that is becoming increasingly globalized, The Law of Peoples may be signaling a tolerance for such large differences in material welfare that the solidarity we will need to meet global challenges will never be cultivated.47
For a careful survey of the state of the (inadequate) state of the literature on global inequality and its significance, see Galbraith 2002). It is significant that the UN's Millennium Development Goal on extreme poverty reduction (reducing by half the proportion of people living on less than a $1 a day by 2015) is being met. At the same time, it is worth noting that almost all progress is attributable to growth in China and India. Africa, Central Asia and Eastern Europe are all in retrograde motion and Latin America is stagnant.
Table A1: Candidates for Decent Hierarchical Societies