The Law of Peoples
Encyclopedia
The Law of Peoples is American
Philosopher John Rawls
's work on international relations
. First published in 1993 as a short article (1993: Critical Inquiry, no.20), in 1999 it was expanded and joined with another essay "The Idea of Public Reason Revisited" (1997: University of Chicago Law Review, vol.64, no.3) to form a full length book. It is an attempt to show "how the content of a Law of Peoples might be developed out of a liberal
idea of justice similar to, but more general than, the idea I call justice as fairness
" (L.P. p.3).
By ‘peoples’, Rawls means "the actors in the Society of Peoples, just as citizens are the actors in domestic society" (L.P. p.23). Peoples share three features: a common system of government
; what J.S. Mill called ‘common sympathies’ (XVI of Mill’s Considerations, 1862); and a moral
nature. Although the Law of Peoples is supposed to be part of liberal foreign policy, the peoples Rawls talks about are not necessarily liberal. 'Decent hierarchical peoples' also feature as parties to the Law of Peoples, though burdened states, outlaw states and benevolent absolutisms do not. The inclusion of 'decent hierarchical peoples' is demanded by the notion of toleration: a notion Rawls sees as integral to liberalism. In part, the Law of Peoples is an attempt to show how far international toleration by liberal societies can reasonably be expected to extend.
By 'Law of Peoples’, Rawls means "a particular political conception of right and justice
that applies to the principles and norms of international law and practice" (L.P. p.3). This political conception of justice is arrived at through the device of the 'original position
' – a hypothetical arrangement whereby representatives of each of the peoples get together with the aim of determining principles that will govern the terms of their association. The principles yielded by this process make up the content of the Law of Peoples. The eight principles are:
It is typical of Rawls's approach that he focuses on ideal theory and does not discuss to any great extent non-ideal theory, which involves considering the proper response to injustice. However, in dealing with international relations the questions arising from the highly nonideal conditions of the real world with its great injustices and widespread social evils cannot be put aside. Thus Rawls considers how a "well ordered" people (liberal or decent) should behave towards out-law or burdened societies that cannot be considered decent.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Philosopher John Rawls
John Rawls
John Bordley Rawls was an American philosopher and a leading figure in moral and political philosophy. He held the James Bryant Conant University Professorship at Harvard University....
's work on international relations
International relations
International relations is the study of relationships between countries, including the roles of states, inter-governmental organizations , international nongovernmental organizations , non-governmental organizations and multinational corporations...
. First published in 1993 as a short article (1993: Critical Inquiry, no.20), in 1999 it was expanded and joined with another essay "The Idea of Public Reason Revisited" (1997: University of Chicago Law Review, vol.64, no.3) to form a full length book. It is an attempt to show "how the content of a Law of Peoples might be developed out of a liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
idea of justice similar to, but more general than, the idea I call justice as fairness
Justice as Fairness
Justice as Fairness is the political philosopher John Rawls' conception of justice. It comprises two main principles of Liberty and Equality; the second is subdivided into Fair Equality of Opportunity and the Difference Principle....
" (L.P. p.3).
By ‘peoples’, Rawls means "the actors in the Society of Peoples, just as citizens are the actors in domestic society" (L.P. p.23). Peoples share three features: a common system of government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
; what J.S. Mill called ‘common sympathies’ (XVI of Mill’s Considerations, 1862); and a moral
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
nature. Although the Law of Peoples is supposed to be part of liberal foreign policy, the peoples Rawls talks about are not necessarily liberal. 'Decent hierarchical peoples' also feature as parties to the Law of Peoples, though burdened states, outlaw states and benevolent absolutisms do not. The inclusion of 'decent hierarchical peoples' is demanded by the notion of toleration: a notion Rawls sees as integral to liberalism. In part, the Law of Peoples is an attempt to show how far international toleration by liberal societies can reasonably be expected to extend.
By 'Law of Peoples’, Rawls means "a particular political conception of right and justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
that applies to the principles and norms of international law and practice" (L.P. p.3). This political conception of justice is arrived at through the device of the 'original position
Original position
The original position is a hypothetical situation developed by American philosopher John Rawls as a thought experiment to replace the imagery of a savage state of nature of prior political philosophers like Thomas Hobbes. In it, the parties select principles that will determine the basic structure...
' – a hypothetical arrangement whereby representatives of each of the peoples get together with the aim of determining principles that will govern the terms of their association. The principles yielded by this process make up the content of the Law of Peoples. The eight principles are:
- "Peoples (as organized by their government) are free and independent, and their freedom and independence is to be respected by other peoples."
- "Peoples are equal and parties to their own agreements."
- "Peoples have the right of self-defense but no right to war."
- "Peoples are to observe a duty of non-intervention."
- "Peoples are to observe treaties and undertakings."
- "Peoples are to observe certain specified restrictions on the conduct of war (assumed to be in self-defense)."
- "Peoples are to honor human rights."
- "Peoples have a duty to assist other peoples living under unfavorable conditions that prevent their having a just or decent political and social regime."
Ideal Vs. Non-Ideal Theory
The content-giving part of Rawls' thesis belongs to Ideal Theory, it is an attempt to define how different peoples who are just, or at least decent, should behave with respect to one another. Rawls refers to this ideal conception as a "realistic utopia": realistic because it could and may exist; utopian because it "joins reasonableness and justice with conditions enabling citizens to realize their fundamental interests" (L.P. p.7). This is a continuation of Rousseau’s idea that any attempt to discover sure principles of government must take "men as they are and laws as they might be" (The Social Contract; opening passage). Thus, the Law of Peoples is realistically utopian: it is an attempt to show "how reasonable citizens and peoples might live peacefully in a just world" (L.P., Preface, p.vi).It is typical of Rawls's approach that he focuses on ideal theory and does not discuss to any great extent non-ideal theory, which involves considering the proper response to injustice. However, in dealing with international relations the questions arising from the highly nonideal conditions of the real world with its great injustices and widespread social evils cannot be put aside. Thus Rawls considers how a "well ordered" people (liberal or decent) should behave towards out-law or burdened societies that cannot be considered decent.