constitutional law |
Aftersleep Books
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The Law of PeoplesThe following report compares books using the SERCount Rating (base on the result count from the search engine). |
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Aftersleep Books - 2005-06-20 07:00:00 | © Copyright 2004 - www.aftersleep.com () | sitemap | top |
This book is divided into two parts, the first dedicated to the "Law of Peoples," the second to public reason. In the interests of space, I will only concentrate on the first portion.
The Law of Peoples is Rawls' attempt to bring his notions of justice as fairness and the like into the international scene. Using a modified "original position," Rawls discusses the way the international scene would run, not only with liberal societies, but also "decent" and "outlaw" states (among others). Fine and good.
The problem lies (as it does with "Theory of Justice" and "Political Liberalism") in the acceptance of what the "original position" would result in. The original position requires that "comprehensive doctrines" be left to the side (read "Theory" for more on that). In other words, your (or a people's) worldview (or deep notion of the good) must be cast aside. This is problematic enough, but it gets worse. Rawls wants a "political, not metaphysical" notion of justice to prevail. By happy chance, that "political" notion just happends to be liberal, of a moderate left variety. Rawls would deny that he is slipping in his "comprehensive doctrine" into the works, but it does make things difficult.
So, say a people decides that they prefer their own comprehensive doctrine (a religion, an ideology of one type or another, etc.) to the "political" version of Rawls. Rawls argues that "reasonable" peoples will accept it, at least on some level, thanks to an "overlapping consensus" (very basically, that the political notion will overlap enough with the comprehensive doctrine, making it acceptable at some level). Both "reasonable" and "overlapping consensus" are argued at length in "Political Liberalism." The consensus idea has some merit. But who are "reasonable"? Why, they are the peoples who follow the original position's precepts, of course. How....convenient.
While Rawls would not agree, this system (like his national systems in "Theory" and "PL") is in practice the imposition of comprehensive liberalism by other means. When reading Rawls, it isn't a bad idea to have some critiques on his work handy (for instance: Michael Sandel, Robert P. George, perhaps Gutmann & Thompson, among others). Rawls is a giant in the field, whether one agrees with him or not. If one wants to understand contemporary political theory, he should be read - but read "Theory" or "PL". If you are interested in political theory as it involves international relations, read "PL", then read this, not because it's great, but it's popular.