Abstract
A cosmopolitan account of global justice can provide normative grounding for a variety of anarchism. It is possible to frame a model of global justice featuring peoples with con-strained sovereignty in light of John Tomasi’s suggested Rawlsian defense of “free market fairness” (Part II). But a more radicalized version of Tomasi’s proposal—one in accordance with which the demands of justice would be compatible with, and might even require, some variety of anarchy—can be effectively articulated in dialogue with Andrew Kuper’s somewhat similar suggestion (Part III). A broadly Rawlsian cosmopolitanism can be worked out in anarchic terms (Part IV).
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Notes
Cf. Thomas W. Pogge, Rawls on International Justice, 51 PHIL. Q. 246, 251–53 (2001).
See Charles Beitz, Rawls’s Law of Peoples, 110 ETHICS 669, 690 (2000)
Allen Buchanan, Rawls’s Law of Peoples: Rules for a Vanished Westphalian World, 110 Ethics 697, 705–9 (2000);
See Samuel Freeman, Distributive Justice and the Law of Peoples, in RawlS’S Law of Peoples: A Realistic Utopia? 243 (Rex Martin & David A. Reidy eds., 2006)
Samuel Freeman, The Law of Peoples, Social Cooperation, Human Rights, and Distributive Justice, in Justice and Global Politics 29 (Ellen Frankel Paul, Fred D. Miller Jr. & Jeffrey Paul eds., 2006).
Edward Foley argues that deliberators at the global level would not embrace a version of the Difference Principle; see Edward Foley, Human Rights Theory: The Elusive Quest for Global Justice, 66 Fordham L. Rev. 249, 258–65 (1997). But Foley supposes that a powerful global state would be needed to implement the Principle, which would not be true on the version I endorse here.
Cf. Frank J. Garcia, Building a Just Trade Order for a New Millennium, 33 GEo. WAsH. INT’L L. REv. 1015 (2001); idem, Trade and Inequality: Economic Justice and the Developing World, 21 MicH. J. INT’L L. 975, 1015–18 (2000). Individual deliberators at the global level who didn’t embrace the Difference Principle might also, of course, opt for a variety of related or similar but nonetheless distinct principles more demanding than the one Rawls endorses
see Allen Buchanan, Rawls’s Law of Peoples: Rules for a Vanished Westphalian World, 110 Ethics 697, 711 (2000).
DaviD Schmidtz, Separateness, Suffering, and Moral Theory, in Person, Polis, Plaet: Essays in Applied Philosophy 145 (2008)
Thomas Nagel, The Problem of Global Justice, 33 PhiL. & Pub. Affairs 113 (2005);
Thomas Nagel, Poverty and Food: Why Charity Is Not Enough, in Food Policy: The Responsibility of the United States in the Life and Death Choices (Peter Brown & Henry Shue eds., 1977);
Cf. Lea Brilmayer, International Justice and International Law, 98 W. VA. L. REV. 611 (1996).
Alexander Wendt, Anarchy Is What States Make of It: The Social Construction of Power Politics, 46 Int’l org. 391 (1992).
See Roderick T. Long, Market Anarchism as Constitutionalism, in Anarchism/Minarchism: Is a Government Papt of a Free Country? 133 (Roderick T. Long & Tibor Machan eds., 2008).
See, e.g., Tom W. Bell, Polycentric Law in a New Century, PoLicy, Aut. 1999, at 34
John Hasnas, The Depoliticization of Law, 9 Theoretical Inquiries in Law 529 (2008).
See, e.g., Kevin A. Carson, Another Free-for-All: Libertarian Class Analysis, Organized Labor, Etc., Mutualist Blog: Fee Market Anti-Capitalism, Jan. 26, 2006, http://mutualist.blogspot.com/2006/01/another-free-for-all-libertarian-class.html; Wally Conger, Agorist Class Theory: A Left Libertarian Approach to Class ConfLict Analysis (n.d.), www.agorism.info/AgoristClassTheory.pdf
Walter E. Grinder and John Hagel, Toward a Theory of State Capitalism: Ultimate Decision Making and Class Structure, 1 J. Libertarian Stud. 59 (1977); David M. Hart, The Radical Liberalism of Charles Comte and Charles Dunoyer (1994) (unpublished PhD dissertation, University of Cambridge)
Hans-Hermann Hoppe, Marxist and Austrian Class Analysis, 9 J. Libertarian Stud. 79 (1990)
Roderick T. Long, Toward a Libertarian Theory of Class, 15 Soc. PHIL. & Pol’y 303 (1998)
Atom G. Palmer, Classical Liberalism, Marxism, and the Conflict of Classes: The Classical Liberal Theory of Class Conflict, in Realizing Freedom: Libertarian Theory, History, and Practice 255–76 (2009)
Sheldon Richman, Class Struggle Rightly Conceived, The Freeman: Ideas on Liberty, July 13, 2007, http://www.thefreemanonline.org/columns/tgif/class-struggle -rightly-conceived.
Wilfried Hinsch acknowledges that institutions as such, including peoples, cannot have natural duties. But he maintains that peoples can have duties analogous to the natural duties of particular persons. See Wilfried Hinsch, Global Distributive Justice, in GLOBAL JUSTICE 55, 62–63 (Thomas W. Pogge ed., 2001). I think the notion that organizations have moral responsibilities (and rights) distinguishable from those of their members is problematic; I believe it would be simpler to observe, in light of the fact that persons have natural duties, (i) that the institutions in which persons participate (voluntarily and cooperatively) can provide mechanisms through which they can fulfill these duties and (ii) that the operation of these institutions affects the context of individual persons’ actions (as by creating live possibilities of coordination; see Leif Wenar, Contractualism and Global Economic Justice, in GLOBAL JUSTICE, supra, at 76, 79 n.2) and thus, in at least some cases, the specific contents of their natural duties.
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© 2014 Gary Chartier
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Chartier, G. (2014). Market Democracy, Market Anarchy, and Global Justice. In: Radicalizing Rawls. Philosophy, Public Policy, and Transnational Law. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137382979_6
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