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The Rawlsian Theory of International Law [Abstract]
Ethics & International Affairs, Volume 9 (1995)
Fernando R. Tesón

 
     
 

December 3, 1995

Fernando R. Tesón
Fernando R. Tesón

Teson critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations. Teson first summarizes Rawls' theory and then presents a critique. With this essay, Rawls joins an already vigorous scholarly reaction against traditional state-centered models of international law and relations. When measured against such models, Rawls' theory of international law moves in the right direction in assigning a role, albeit a modest one, to human rights and political legitimacy. However, to the extent that Rawls' effort purports to be a rational reconstruction of international law for our new era (as he certainly intends it to be), it fails to capture central moral features of the international order. His proposal is still too forgiving of serious forms of oppression in the name of liberal tolerance. The theory thus falls short of matching the considered moral judgments prevailing in today's international community. Moreover, it fails Rawls' own test of epistemic adequacy.

 

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The Carnegie Council's flagship publication, Ethics & International Affairs is an interdisciplinary resource for scholars, students, and policy analysts concerned with the moral dimensions of global issues. The journal covers global justice, civil society, democratization, international law, intervention, sanctions, and related topics.

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The Editors welcome responses to Features and Essays published in Ethics & International Affairs. To be considered for publication, responses should be no longer than one thousand words, including endnotes (which should be kept to a minimum). Responses are not peer-reviewed, and are published at the Editors' discretion. All responses are subject to editing for length and style. In the event of any questions or substantive editing, the response will be returned to the author for final approval prior to publication. Responses are published online, alongside the article they address.

Related

Biography
Fernando R. Tesón
 
Keywords
Democracy, Human Rights, Intervention, Justice
 
Topics
Human Rights
International Law
International Relations
 
 
 

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