By M. N. S. Sellers
This publication examines the boundary among parochial and cosmopolitan justice. To what quantity may still overseas legislation realize or aid the political, ancient, cultural, and fiscal variations between countries? Ten legal professionals and philosophers from 5 continents think of no matter if yes states or people deserve specified therapy, exemptions, or heightened tasks below overseas legislations. This quantity attracts the road among foreign legislation, nationwide jurisdiction, and the personal autonomy of folks.
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Additional resources for Parochialism, Cosmopolitanism, and the Foundations of International Law
A. Bell (Cambridge: Cambridge University Press, 1999). 31 Griffin considers various formulations of the “parochialism” challenge to the morality of human rights – in terms of ethical relativism, the need for de facto cross-cultural convergence and the value of toleration within a Rawlsian framework. Unfortunately, he does not explicitly consider the bearing of an objectivist doctrine of ethical pluralism, which is what I am pressing in this section. James Griffin, chapter 7 of On Human Rights (Oxford: Oxford University Press, 2008).
10 Although there is much of value in Buchanan’s argument, I think it is undermined by a failure to heed the distinction between practical and theoretical authority. Epistemic superiority by itself can only confer theoretical authority, that is, it can make someone a source of content-independent reasons for belief regarding a given subject matter. ) such that one is more likely to conform with reason if one took that law as practically binding. Of course, skeptics about the legitimacy of international law will protest at many of the preceding claims.
In short, Rawls’s strategy is more a capitulation to parochialism than its successful avoidance. John Rawls, The Law of Peoples (Cambridge, MA: Harvard University Press, 1999), 121. , 90. , 68, 78–79. , 74. 17 18 30 John Tasioulas Richard Rorty has urged Rawlsians to respond to such objections by biting the bullet of cultural imperialism. 22 One way in which Rorty’s interpretation of objectivity is distorted is that he sees it as incorporating the belief that “objective” values are destined to be historically triumphant.