Elucidating the ‘Libertarian’ Law of Peoples

Abstract

There are two separate aspects to Rawls’ philosophical approach to international justice. LP presents presents his ideal and non-ideal theory. In theories of the former type, such as his first work, TJ, all agents are ‘presumed to act justly’ (TJ: 8). In the international context, analogously, we can take as a basic characteristic of well-ordered peoples, ‘that they wish to live in a world in which all peoples accept and follow the (ideal of the) Law of Peoples’ (LP: 89). Some of the peoples within this society may well be very poor, but none have such unjust institutions that they are unable to comply with the charter of the Law of Peoples. As it is assumed that the principles set out will be complied with, Rawls is able to present his ideal: his realistic utopia. In explicating the omission of a distributive principle, within his Society of Peoples, the role of compliance must be acknowledged in the context for discussion. The idea that all its members are compliant, are their own masters and provide for their citizens sufficiently is an important departure point for this chapter.¹