Interpretation of Law in the Global World: From Particularism to a Universal Approach


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Universalism v Cultural Relativism

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I The Inadequacy of Particularism at the Dawn of the 21st Century

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It could Get packed your download interpretation of law in the. For Charles Blattberg , however, there exists a particularist approach to global justice, one based upon what he calls a "global patriotism. Nationalists, such as David Miller and Yael Tamir , argue that demanding mutual obligations are created by a particular kind of valuable association, the nation. Nationalism has traditionally included this assumption of differing moral obligations to those within and those outside the nation, reflected for example in the fact that the benefits of the welfare state are not available to citizens of other countries.

So, moral universalism is too simple, because the ethical standards that apply between compatriots differ from those that apply between strangers although some nationalists argue for the universal ethical standard that nations should have their own states. Distributive justice is an issue within nations but not necessarily between them. And a world-system of nation-states is the appropriate organiser of justice for all, in their distinct associational groups.

In the society of states tradition, states are seen as individual entities that can mutually agree on common interests and rules of interaction, including moral rules, in much the same way as human individuals can. Often, this idea of agreement between peers is formalised by a social contract argument. One prominent exemplar of the tradition is John Rawls. His argument is that we can justify a global regime by showing that it would be chosen by representatives of Peoples in an imagined original position , which prevents them knowing which particular People they represent.

This decision-in-ignorance models fairness because it excludes selfish bias. When Rawls applied this method in the case of domestic justice, with parties in the original position representing individual members of a single society, he argued that it supported a redistributive , egalitarian liberal politics. In contrast, Rawls argues that when his method is applied to global justice, it supports a quite traditional, Kantian international ethics: duties of states to obey treaties and strict limits on warmaking , but no global repossession of private property.

So, different justices apply to the domestic and international cases. Even if justice requires egalitarianism within states, it does not do so between them. And a system of cooperating but independent states is the just global institutional arrangement. Rawls describes this ideal as a 'realistic utopia'. Cosmopolitans argue that some form of moral universalism is true, and therefore that all humans, and not merely compatriots or fellow-citizens, fall within the scope of justice.

Their arguments typically appeal to consistency, as follows:. Cosmopolitans differ, however, over which shared human characteristics are morally significant. Consequentialist cosmopolitans, amongst whom Peter Singer is prominent, argue that the proper standard of moral judgement for actions, practices or institutions is their consequences, and that the measure of consequences is the welfare of humans or even of all sentient creatures.

The capacity to experience welfare and suffering is therefore the shared basis for moral standing. This means that the fact that some people are suffering terrible deprivations of welfare, caused by poverty, creates a moral demand that anyone who is able to help them do so. Neither the physical distance between the rich and the poor, nor the fact that they are typically citizens of different countries, has any moral relevance. Human rights defenders of cosmopolitanism, such as Thomas Pogge and Simon Caney , argue that all humans have rights, [34] [35] perhaps those set out in the UN's Universal Declaration of Human Rights.


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It may be argued that these rights create a positive duty of the rich to provide what they guarantee security, a livelihood, etc. Others defend neoconservative interventionist foreign policy from a view of cosmopolitanism for the added benefits to human rights that such intervention could bring. Some defended the invasion of Iraq from this motive due to the human rights abuses Saddam had inflicted on countless members of the Kurdish and Shiite communities. Individual cosmopolitans also differ considerably in how they understand the requirements of distributive justice and the legitimacy of global institutions.

Some, for instance Kai Nielsen , endorse world government; others, such as Simon Caney , do not. The extent to which cosmopolitans advocate global redistribution of resources also varies. All cosmopolitans, however, believe that individuals, and not states, nations, or other groups, are the ultimate focus of universal moral standards.

None of the five main positions described above imply complete satisfaction with the current world order. Realists complain that states that pursue utopian moral visions through intervention and humanitarian aid , instead of minding their own strategic interests, do their subjects harm and destabilise the international system. It might require the building of international institutions able to limit, or even replace, the self-interested action of powerful states and corporations.

It might require each of us to do much more than most now do. From Wikipedia, the free encyclopedia. This article is about the philosophical debate about global justice. For political activism, see Global justice movement.

Establishing Judicial Authority in International Economic Law

This article is written like a personal reflection, personal essay, or argumentative essay that states a Wikipedia editor's personal feelings or presents an original argument about a topic. Please help improve it by rewriting it in an encyclopedic style. July Learn how and when to remove this template message. Further information: Moral universalism and Moral relativism. Further information: Distributive justice , Poverty , Social justice , and International inequality. Further information: Immigration and Freedom of movement. Main article: Realism in international relations.

Further information: Communitarianism , Cultural relativism , and Multiculturalism. Main article: Nationalism. Further information: The Law of Peoples and Social contract. See also: Cosmopolitanism. Ratio Juris. In Follesdal, Andreas; Pogge, Thomas eds. Real World Justice. Studies in Global Justice. Springer Netherlands. Social Philosophy and Policy. Zalta, Edward N. Global Justice Spring ed. Isaac Kramnick. London: Penguin, []. Cambridge: CUP, Oxford: OUP, Retrieved Thomas Pogge.

Archived from the original on Retrieved 14 September Real World Justice - Thomas Pogge. AfricaFocus Washington, DC. The Pacific Review. New York: Basic Books, Oxford: Clarendon Press, Cambridge, Massachusetts: Harvard University Press, Online version listed under External links. Leiden Journal of International Law. Archived from the original PDF on 10 May Retrieved 6 March Carr, The Twenty Years Crisis London: Macmillan, Brian Barry, Culture and Equality.

Cambridge: Polity, Ann Arbor: University of Michigan Press. Revised edition, Princeton: Princeton University Press, Duncan Bell ed. Ethics and World Politics. Charles Blattberg. Vancouver: UBC Press. Gillian Brock. Allen Buchanan. Oxford University Press: Oxford. Hedley Bull, The Anarchical Society. Simon Caney, Justice Beyond Borders. Stephen M. Nicole Hassoun. Andrew Hurrell.

Global justice - Wikipedia

Thomas Pogge ed. Meta-philosophy Series in Philosophy A. Maroobian and Brian Huschle eds. Blackwell Publishing: Oxford. Dale Jamieson. Walter Sinnott-Armstrong and Richard Howarth eds. Advances in the Economics of Environmental Resources. Elsevier: New York.

Interpretation of Law in the Global World: From Particularism to a Universal Approach Interpretation of Law in the Global World: From Particularism to a Universal Approach
Interpretation of Law in the Global World: From Particularism to a Universal Approach Interpretation of Law in the Global World: From Particularism to a Universal Approach
Interpretation of Law in the Global World: From Particularism to a Universal Approach Interpretation of Law in the Global World: From Particularism to a Universal Approach
Interpretation of Law in the Global World: From Particularism to a Universal Approach Interpretation of Law in the Global World: From Particularism to a Universal Approach
Interpretation of Law in the Global World: From Particularism to a Universal Approach Interpretation of Law in the Global World: From Particularism to a Universal Approach
Interpretation of Law in the Global World: From Particularism to a Universal Approach Interpretation of Law in the Global World: From Particularism to a Universal Approach
Interpretation of Law in the Global World: From Particularism to a Universal Approach Interpretation of Law in the Global World: From Particularism to a Universal Approach

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