The Second Part of the Ideal Theory of John Rawls in The Law of Peoples Transplanted and Revisited

2016 ◽  
Vol 15 (1) ◽  
pp. 45-54
Author(s):  
Maria Varaki
Keyword(s):  
John Rawls ◽  
Ideal Theory ◽  
Law Of Peoples ◽  
Human Rights Protection ◽  
Decent People ◽  
Rights Protection ◽  
Recent Developments ◽  
The Law ◽  
The Relationship ◽  
Current Proposal

John Rawls in the second part of his Ideal Theory as it is developed in the Law of the Peoples, argues that both liberal and non-liberal but decent people can still be considered to be people in good standing in a reasonable society of people and proposes the toleration of non-liberal but decent societies by the liberal ones. Within this framework, the current proposal will focus on the relationship between the ‘West’ and the Russian Federation as it has evolved after the collapse of the Soviet regime through recent developments on human rights protection and the regulation of the use of force or the “law of peace” as Rawls claims. The aim of this endeavor is twofold. First, to provide a critical assessment of liberal theories such as cosmopolitan constitutionalism, which promote a particular liberal understanding of global governance based on common values and universal goals. Second, to examine the potential but also limits of the Rawlsian theory of toleration towards the development of a more pluralistic normative analysis of the global order which will be neither utopian nor apologetic but one that will contribute into the realization of a “realistic utopia” between pure liberal and non-pure liberal states.

scholarly journals Ideal and nonideal theory: A conceptual overview

2013 ◽  
Vol 24 (2) ◽  
pp. 151-173
Author(s):  
Milica Trifunovic
Keyword(s):  
John Rawls ◽  
Ideal Theory ◽  
Nonideal Theory ◽  
Law Of Peoples ◽  
Theory Of Justice ◽  
Conceptual Clarification ◽  
The Law ◽  
Conceptual Overview

The article gives conceptual clarification on a distinction between ideal and nonideal theory by analyzing John Rawls? theory as presented in his books ?A Theory of Justice? and ?The Law of Peoples.? The article tries to show the importance of ideal theory, while at the same time pointing out that the distinction, ideal and nonideal, needs further qualification. Further, the article also introduces the distinction of normative and descriptive into ideal and consequently nonideal theory. Through this four-fold distinction it is easier to establish the function of each theory and the separation of work-fields between philosophers, politicians and lawyers.

PROBING THE LIMITS OF RAWLS’S REALISTIC UTOPIA

2016 ◽  
Vol 33 (1-2) ◽  
pp. 334-353
Author(s):  
Annette Förster
Keyword(s):  
John Rawls ◽  
Ideal Theory ◽  
Apparent Paradox ◽  
Law Of Peoples ◽  
Theory Of Justice ◽  
International Theory ◽  
Feasibility Constraint ◽  
The Law ◽  
Further Development ◽  
Theory Framework

Abstract:InThe Law of Peoples, John Rawls introduces a framework for realistic utopia, within which the limits of practicable political possibility are probed through the further development of his international theory. This essay addresses the apparent paradox of realistic utopianism within the context of, and in relation to, ideal theory, in an attempt to explore the scope and limits of Rawls’s theory. The ideas behind Rawls’s realistic utopia are discussed in detail, the concept is contrasted with ideal theory in order to assess to what extent Rawls’s framework for realistic utopia introduced inThe Law of Peoplesdiffers from other forms of ideal theory, and the limits of realistic utopianism are identified.I argue first, that, in an attempt to address the potential feasibility constraint, Rawls tries to distinguish his framework of realistic utopia from that of more traditional ideal theory. I then proceed to examine the differences between realistic utopianism inThe Law of Peoplesand ideal theory inA Theory of Justice. I then conclude that Rawls only partially meets the challenge of establishing practicable political possibility. In actuality, Rawls’s focus on ideal agents in ideal as well as nonideal theory, together with his emphasis on societies as closed and self-sufficient, ignores the potential for noncompliance by liberal and decent societies, as well as interdependencies between societies that can cause or lead to injustice, conflict, and instability. I argue that despite these flaws, Rawls’s approach nevertheless provokes new insights into the function of the principles of the ideal theory framework as guidelines for real-world policies striving toward peace, stability, and justice.

scholarly journals The construction of a ‘realistic utopia’: John Rawls and international political theory

2002 ◽  
Vol 28 (1) ◽  
pp. 5-21 ◽  
Author(s):  
CHRIS BROWN
Keyword(s):  
International Relations ◽  
Political Theory ◽  
John Rawls ◽  
Ideal Theory ◽  
Law Of Peoples ◽  
Theory Of Justice ◽  
International Political Theory ◽  
Utopian Thinking ◽  
The Law ◽  
Decent Peoples

‘The limits of the possible in moral matters are less narrow than we think. It is our weaknesses, our vices, our prejudices that shrink them.’Jean-Jacques Rousseau, The Social Contract Book II, Chapter 12.2 [cited from John Rawls The Law of Peoples, p. 7]After presenting a brief sketch of John Rawls's theory of justice, his international political theory is outlined and evaluated. Rawls develops a classification of ‘peoples’ based on whether or not they are ‘well-ordered’. The Law of Peoples covers ‘liberal’ and ‘decent’ peoples who adhere to minimum standards of human rights and are not aggressive in their international relations. This is in the realm of ‘ideal’ theory; ‘non-ideal’ theory must cope also with societies that are not well-ordered, such as outlaw states and burdened societies. The long-term aim is that all should be part of a confederation of decent peoples. Rawls's theory has been criticized by cosmopolitan liberals for its communitarian tendencies, but has much to offer scholars of international relations, including a systematic basis for classifying states, a helpful discussion of the distinction between reasonableness and rationality, and a powerful restatement of the importance of utopian thinking in international relations.

The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John Rawls

Human Affairs ◽  
2010 ◽  
Vol 20 (2) ◽  
Author(s):  
Marek Hrubec
Keyword(s):  
Social Contract ◽  
John Rawls ◽  
Global Justice ◽  
International Justice ◽  
Law Of Peoples ◽  
Liberal Nationalism ◽  
The Law ◽  
Principles Of Justice ◽  
The Individual ◽  
The Relationship

The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John RawlsThe paper deals with the relation of a theory of international justice, specifically John Rawls's philosophy of the law of peoples, and a theory of global justice. In the first part, the paper outlines Rawls's main theses on the international conception of the law of peoples. The second part concerns a problem found in segments of Rawls's theory, specifically his concept of a social contract—contractualism. This problem inadequately approaches the relationship between the individual and the community. The third part deals with the inconsistent points in Rawls's theory contained in part two, i.e. his principles of justice selected with the aid of social contract. In the fourth part, the paper concentrates on the consequences of these limitations for a socially distributive dimension of justice or as an approach for dealing with disproportionate global inequalities. The last part formulates the causes of the limitations of Rawls's theory of international justice and points out the need for a global justice which is socially and inter-culturally considerate.

scholarly journals THE LAW OF PEOPLES: A UTOPIA REALISTA RAWLSIANA E A IDEIA DE JUSTIÇA SOCIAL ENTRE OS POVOS

2019 ◽  
Vol 7 (13) ◽  
pp. 171-180
Author(s):  
Anna Paula Bagetti Zeifert
Keyword(s):  
John Rawls ◽  
Law Of Peoples ◽  
The Law

No presente artigo analisamos como o projeto de justiça social rawlsiano, pensado inicialmente para as sociedades nacionais, foi estendido para a Sociedade dos Povos na obra The Law of Peoples. Examinamos como John Rawls resgata e apresenta seus elementos essenciais na proposta de justiça entre os povos, sua preocupação em garantir estabilidade e o mínimo de justiça social no interior das sociedades que integram a Sociedade dos Povos. Ponderamos como seus objetivos se encontram interligados tanto na proposta de justiça política para o interior dos Estados, quanto na relação entre Estados, garantindo a legitimidade das sociedades a partir de uma estrutura básica e de instituições justas. Nesse contexto, nosso objetivo é demonstrar que ao pensar esse processo paralelo de justiça (nacional e internacional), e projetar uma segunda posição original, guia para seus elementos essenciais com vistas a promoção da justiça social entre os povos, Rawls também apresentou os limites da sua realistic utopia e os caminhos para a reconciliação do indivíduo com o mundo social ao qual pertence. O estudo foi desenvolvido com base no método de abordagem hipotético-dedutivo, utilizando uma base teórica presente na filosofia política contemporânea.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

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