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Global Justice and Development

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Abstract

Defending a procedural conception of global justice that calls for the establishment of reasonably democratic arrangements within and beyond the state, this book argues for a justice-based understanding of social development and justifies why a democracy-promoting international development practice is a requirement of global justice.
Introduction
Julian Culp
DOI: 10.1057/9781137389930.0003
Palgrave Macmillan
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1
Introduction
1 A global village?
Increasingly since the early 1980s, economic globalization – driven by
the active political promotion of market liberalization – with support
from other significant factors such as the Internet has intertwined the
lives of the people around the world. Our economic interdependence
became unmistakable in September 2008 when the bankruptcy of the
Lehman Brothers investment bank induced heavy financial turmoil
around the world, resulting in a global economic slowdown and even
a recession in many regions. The financial crisis that has prevailed
since mid-2007 is a global phenomenon that concerns most of this
world’s inhabitants in some way. This situation, in which all people
on earth share a common fate by virtue of their economic as well as
cultural and political interactions, often leads to the use of the term
‘global village’ (McLuhan, 2002 [1962], p. 31) to capture the sense of
virtual closeness that is the distinctive feature of today’s global social
relations.
If we think of humanity as a village, however, one has to acknowl-
edge – at least prima facie – that from a moral point of view the social
relations in the village are outrageous. If the world were a single village
with 1,000 inhabitants, nearly 500 would be living in economic poverty
and about 200 would suffer from hunger, lack shelter, and have no access
to clean drinking water. And these 200 would be collectively poorer
than the village’s richest person (cf. Beck and Poferl, 2010, pp. 9–10).
The moral reactions that the metaphor of the global village provokes,
when interpreted in light of the current socioeconomic conditions,
stand in stark contrast to the dominant moral sentiments today, which
have largely remained domestic rather than becoming ‘globalized’ as
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2 Global Justice and Development
well. One can readily notice the contrast by observing how discussions
about domestic social and economic policies take place in comparison
to debates about international development policies. Not long ago
Sloterdijk (2009) proposed in one of Germany’s most influential news-
papers, the Frankfurter Allgemeine Zeitung , to eliminate a coercion based
tax system and to permit instead well-to-do German citizens to donate
as much as they deemed adequate to the finance ministry and their
fellow citizens. He argued that this institutional change in the transfer
of resources throughout society is necessary in order to capture the true
meaning of this societal transfer in question, namely, a generous gift
of the wealthy to the poor. The reactions to Sloterdijk’s proposal, for
instance by Honneth (2009) in Die Zeit , a widely read German news-
paper, have been very harsh. By contrast, while the global distributive
mechanism de facto functions according to Sloterdijk’s agenda, a public
moral outcry of similar magnitude in light of this long lasting status quo
has yet to be heard.
2 Another world is necessary
The individualist interpretation
In light of this mismatch between, on the one hand, the actual global
interconnectedness that encourages us to think of global social relations
as similar to those of a village and, on the other hand, the prevailing
domestic bias in global politics, the proposition that another world is
necessary appears readily intelligible. A world is necessary in which
‘personal identification with the ... world’s hungry, miserable and
dependent’ no longer demonstrates ‘the power of moral imagination’
(Habermas, 1969, pp. 183–4), but rather a self-evident reflection of the
fact that the world has shrunk and that we are all neighbors, so to speak,
within a global village.
1 Already in 1972, the utilitarian moral philoso-
pher Singer (2008 [1972]) argued along these lines in his eminent article
‘Famine, Affluence, and Morality’. He urged that in the same way in
which people feel morally obliged to save a drowning child from a pond,
persons living in a rich country should feel morally obliged to stop the
suffering that people experience in poor countries. Since donations to
certain international or non-governmental organizations would be an
easy way to reduce human suffering abroad, Singer contended, persons
in wealthy countries should act on this moral obligation and donate
substantial amounts of their income to needy persons in poor countries.
So Singer claimed that another world is necessary – a world in which
our moral commitments are congruent with the virtual closeness that
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Introduction 3
globalization has brought about, such that the misery of so many no
longer co-exists with the great fortunes of a few. Being a utilitarian,
however, Singer (2008 [1972], p. 3) added that it would be excusable
not to donate only if the value of a potential donation would be of
‘comparable moral importance’ for the donor of the rich countries as
for the recipient of the poor countries. This demand strikes many non-
utilitarian philosophers (Smart and Williams, 1973, pp. 116–17) as
implausible, because fulfilling such a demand, especially under condi-
tions of widespread noncompliance with this demand, could require
people to live only slightly above the level of sufficiency and could
deprive persons from their capacity of being authors of their own lives.
Libertarians, for instance, would reject Singer’s argument, claiming
that while one may choose voluntarily to donate significant amounts of
one’s holdings so as to prevent human suffering, there is never a duty
to do so. They could agree that another world is possible in the sense
that, if people were willing to sacrifice their holdings to prevent the
suffering of others, then the world would indeed be a different one, a
world in which human misery would no longer co-exist with staggering
abundance. Yet they would resist the claim that people of rich countries
stand under a moral obligation to relieve human suffering in poor coun-
tries. To libertarians, a world in which people donate so much of their
holdings that widespread human misery and radical socioeconomic
inequality ends is a mere possibility, but no moral necessity.
Kantians, on the other hand, acknowledge a so-called ‘duty of
humanity’ and thus indeed could agree with Singer that up to a certain
point people generally stand under a duty to use some of their hold-
ings to promote others’ well-being.
2 The relation between the sacrifice
that the potential duty-bearer accrues and the benefit that the recipient
receives determines the threshold as to when people can legitimately
refrain from assisting others. Therefore, if someone is in dire need and
if it is possible for another person to relieve this person from suffering
at a relatively small personal cost, then this other person has a duty to
do so. Only if the sacrifice of relieving another person from dire need
involves a more substantial cost might the obligation flowing from the
duty of humanity not be applicable. So a Kantian endorsement of a
duty of humanity represents a middle ground between potentially very
demanding utilitarian obligations, on the one hand, and the libertarian
denial of any duty to promote the well-being of others on the other.
However, it is not immediately clear whether a Kantian understanding
of humanitarian obligations would support only the proposition that
another world is possible or the morally more exigent statement that
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4 Global Justice and Development
another world is necessary. Clearly a Kantian could endorse the former
slogan in the same spirit as the libertarian. That is, he or she could
concede the possibility that most rich people might eventually become
willing to employ large amounts of their holdings to promote others’
well-being. And their doing so would obviously make our world – the
global village – a different one. On the other hand, while the duty of
humanity certainly commands very many of the donations that Singer’s
utilitarian principle also requires – namely, all those that can be realized
at small personal cost – it is not so obvious that Kantians would support
the proposition that another world is necessary solely on the basis of the
duty of humanity. After all, they might say, many people already donate
parts of their income to non-governmental organizations and, besides,
many countries maintain the practice of granting official development
assistance (ODA).
One could object, of course, and argue that fulfilling our obligations
of humanity requires much more than that. But this is a difficult argu-
ment to make because obligations that flow from the duty of humanity
are by their very nature indeterminate and require judgment in their
application. Moreover, even if one could make a compelling argument
that some people have to do more in order to fulfill their humanitarian
obligations, it is not clear that doing more would make our world really
a substantively different one. Doubling the level of ODA, for instance,
may indeed do a lot of good, but it might still leave the global village in
a situation of high socioeconomic inequality, with a significant portion
of its inhabitants living in miserable conditions. So it is far from evident
that, on the basis of humanitarian obligations, one can argue that
another world is necessary.
In the end, then, the statement that another world is necessary may
actually indeed simply show ‘the power of moral imagination’; it may
appeal to morally heroic utilitarians, but it cannot be grounded in either
a more down-to-earth Kantian account of humanitarian obligations or
a libertarian understanding as to what persons owe one another. So it
seems as if the alter- and anti-globalization movements of the World
Social Forum (2012) wisely chose the slogan ‘another world is possible’,
because changing the world is not an imperative that people from
these three dominant moral outlooks (that is, utilitarians, Kantians and
libertarians) could all accept as a categorical one. Rather, these social
movements characterize the project of changing the world as a fasci-
nating ‘vision of the universal’ that is in principle achievable and may
be worthwhile to undertake despite, as Benhabib (2004, p. 16) puts it, its
‘permanent tug of war ... [with] the attachments of the particular’.
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Introduction 5
The institutionalist interpretation
This way of rejecting the statement that another world is necessary may
have gone too quickly, however. It focused exclusively on the question
of what people, and the world’s richer people in particular, are obligated
to do with their own resources so as to promote the well-being of others.
And the respective utilitarian, libertarian, and Kantian answers have
been, to put it very crudely, ‘a lot’, ‘nothing’, and ‘something’. Thereby
our approach proceeded on the assumption that the actual global distri-
bution of holdings would serve as a suitable baseline for answering this
question. In other words, the answers have been framed solely in indi-
vidualistic terms and have neglected the institutional dimension, or
the global system of entitlements that decrees the holdings that various
people have in the first place. But the statement that another world is
necessary can also mean – more radically – that it is necessary to change
this global system of entitlements.
How are we to understand, if at all, this rather grandiose question
whether the global system of entitlements should be changed? Until
about 1970 skepticism regarding this question may indeed have made
good sense. As long as the social sciences were presenting the world
as an assembly of scattered villages, populated by separate groups that
have come to be known as nations, the very notion of a global system
of entitlements would have seemed misplaced. Without a global insti-
tutional order decreeing what individuals and groups are entitled to,
asking whether the system should be changed would seem to be in vain,
for there would be no system to analyze at the global level in the first
place. In this spirit, or so it seems, even Rawls’s seminal discussion of,
as Caney (2005a, p. 112; 2007, p. 278) and Pogge (2010a, p. 15) put it,
‘institutional’ as opposed to merely ‘interactional moral diagnostics’ in
A Theory of Justice (1971, pp. 54–60, 108–14), which has been described
as epitomizing the left-leaning, social-democratic Zeitgeist , remained
largely concerned with domestic issues.
Yet in light of the intensification of globalization and transnation-
alization processes that occurred in the late 20th century, Rawls’s short
treatment of the so-called ‘Law of Nations (1971, pp. 377–80) in A
Theory of Justice and even his later account in The Law of Peoples (1999a)
increasingly appeared to be proper only for ‘a bygone Westphalian order’
(Buchanan, 2000). Since then, however, the theoretical landscape has
radically changed and many theorists have undertaken wide-ranging
examinations of the global system of entitlements that transcend mere
‘interactional moral diagnostics’ (Barry, 1973, pp. 128–33; Danielson,
1973, pp. 331–40; Scanlon, 1973, pp. 1066–7; Beitz, 1999a [1979]; Pogge,
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6 Global Justice and Development
1989; Moellendorf, 2002; Tan, 2004). These writers have argued that in
a world that the social sciences increasingly recognize and explain as
globalized and transnationalized, the Rawlsian ‘institutional moral diag-
nostics’ would work very well on the global plane as well.
3 For what, if
anything, could justify attempting, like Rawls, to construct an account
of what sort of social and political institutions would constitute a just
society, while refraining from an attempt to identify just social and
political institutions at the global level?
Beitz (1999a [1979]) addressed this question in Political Theory and
International Relations and argued that in an age of globalization there
would be no good reason to restrict a theory of institutional justice to the
domestic case only. Moreover, he claimed that domestic and global rela-
tions are sufficiently analogous to justify the global validity of Rawls’s specif-
ically liberal-egalitarian conception of ‘justice as fairness’ . With respect to
the moral adequacy of the global system of entitlements, Beitz claimed
that the global institutional order could qualify as distributively just only
if it maximized the life prospects (in terms of income and wealth) of the
members of the economically least-advantaged group. Consequently,
Beitz’s (1999a [1979], pp. 128–9, 150–3) account supported the more
radical, institutionalist interpretation of the proposition that another
world is necessary: whether or not it is necessary for richer individuals to
donate to the world’s poor, it is necessary to change the global institutional
order so that the global system of entitlements would maximally benefit
the life prospects of those who are economically least well-off.
Utilitarians, such as Murphy (1998), would reject this institutionalist
interpretation of the above proposition, because it relies on a distinction
between a moral theory of institutions and a moral theory of individual
conduct. Utilitarian monism, however, which argues that different
principles for individual and institutional human relations are derived
from the effect that compliance with such principles has with regard
to the promotion of some conception of the good, has received severe
criticism. Rawls, for instance, makes the case that, while under certain
conditions the full pursuit of one’s personal conception of the good is
an appropriate principle for individual conduct, an analogous principle
to maximize the sum of the good of all members of society is not justifi-
able. Given the separateness of persons, that is, the fact that persons lead
lives of their own, the objective of maximizing total social good cannot
serve as a justification for requiring individuals to constantly further the
overall good when doing so causes them to lose their capacity of formu-
lating, revising, and pursuing their personal conception of the good.
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Introduction 7
On the other hand, libertarians and Kantians would agree that if
the global system of entitlements is unjust, then institutional reform
is necessary, even if that means that individuals have to modify quite
radically their beliefs about what belongs to them. Libertarians and
Kantians, that is, would accept that, in order to fulfill demands of justice,
individuals could be asked to incur significant burdens, although these
two groups would claim that, once a just distribution of holdings is
achieved, individuals may permissibly do nothing at all (the libertarian
view) or only relatively little (the Kantian view) for the well-being of
others. Furthermore, both could also accept that failing to consider first
the moral adequacy of the distributional status quo would eventually
nourish, as Freire calls it, ‘false generosity’ (1970, p. 44; cf. also Barry,
2008 [1982], pp. 206–7), that is, the alleged expression of humanitarian
‘generosity’ even while perpetuating the distributive injustice that makes
this kind of generosity at all possible.
However, before endorsing the statement that another world is neces-
sary in Beitz’s sense, libertarians and Kantians would have to examine
whether it actually is appropriate to view domestic relations as suffi-
ciently analogous to global relations. For otherwise one cannot make
sense of either the claim that ‘institutional moral diagnostics’ can be
employed for assessing the global distribution of holdings or of the claim
that a just global distribution would have to be determined by reference
to an egalitarian distributive principle like the difference principle.
Theorizing global justice
Initially, Beitz’s case for employing the Rawlsian difference principle
globally rested on the claim that because of the fact of globalization, one
now has to ask what particular global distribution of holdings would
be just. At first Beitz meant to argue that since a conception of distribu-
tive justice should determine, following Rawls (1971, p. 4), the ‘appro-
priate distribution of the benefits and burdens of social cooperation’,
the existence of a global scheme of social cooperation would permit
employing standards of justice to assess social relations globally. Later,
however, Beitz conceded that it is difficult to make the case empirically
that global social interdependencies are cooperative in nature. In many
circumstances, some people are actually worse off because of global
interdependencies while others benefit.
Nevertheless, he urged that a global analysis of social relations in
terms of egalitarian justice would still make sense, because at this
level economic and political structures possess sufficient pervasive
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8 Global Justice and Development
impact to subject them to institutional moral diagnostics. As Beitz
argued:
[T]he requirements of justice apply to institutions and practices
(whether or not they are genuinely cooperative) in which social
activity produces relative or absolute benefits or burdens that would
not exist if the social activity did not take place. (Beitz, 1999a [1979],
p. 131)
4
Certainly there is such a global scheme of interdependence with perva-
sive impact, even if there is no genuine global social cooperation. Hence
there is a need for global institutional moral diagnostics. In the case
of a global scheme of interdependence as in the case of a global social
cooperation, then, Beitz argued that in virtue of the existence of a partic-
ular kind of global social practice,
5 it would be adequate to employ the
content of an egalitarian conception of distributive justice and extrapo-
late it to the world as a whole.
6 Beitz’s view may thus be called practice-
dependent Globalism .
Others have argued, however, that even if one endorses the idea that
a certain kind of practice is a presupposition for employing criteria of
justice in assessing social relations, one could still claim that neither
cooperative institutions nor institutions with pervasive impact are
practices of this sort – that is, ones that would permit judging the social
relations of these practices by reference to criteria of justice. Along
these lines some, most prominently Nagel, have argued that only if a
social practice involves a particular kind of coercion can one judge the
social relations of such a practice by employing criteria of justice. In
addition, Nagel has claimed that coercive practices of the proper kind
are found only among citizens within a state. This practice-dependent
Statism , then, follows practice-dependent Globalism by acknowledging
the relevance of social practices for assessing justice as well as the exist-
ence of global institutions that either are of a cooperative kind or that
possess pervasive impact. But by arguing that only the sort of coercive
practices that occurs within states permits judging social relations by
criteria of justice, Statism can reject the claim that the global system of
entitlements is unjust. Questions of global distributive justice become
restricted to the separate analysis of domestic systems of entitlements,
since only here – even in an era of globalization – are the precondi-
tions for making claims of (egalitarian) distributive justice fulfilled. For
Statism, then, the idea that another world is necessary is misguided in
the institutionalist sense.
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Introduction 9
In response, fervent adherents of the globalist idea may revise their
earlier understanding of the claim that only because of the fact of
globalization can we properly ask whether or not the global system of
entitlements is just. They could argue instead that globalization is rele-
vant because it makes the achievement of certain standards of justice
globally possible, not that it presents a precondition for the validity
of justice-claims in the sense that globalization’s cooperative nature or
pervasive impact would be necessary conditions for questions of justice
to arise. In fact, Beitz (2008b [1983], p. 111) elaborated upon the view
that the mere fact that human beings carry moral personhood matters
for the validity of justice-claims. In this way social practices represent
merely a feasibility condition for principles of justice rather than existence
conditions required to establish their validity. For Beitz, the mere exist-
ence of beings with moral personality, by which he means – following
Rawls (2001, pp. 18–19) – the power to follow moral demands and the
power to formulate, revise, and follow a conception of the good, could
be viewed as sufficient for considering the social relations among these
beings by reference to claims of justice. As Beitz claimed:
Since human beings possess these essential powers regardless of
whether, at present, they belong to a common cooperative scheme,
the argument for constructing [principles of justice] globally need
not depend on any claim about the existence or intensity of interna-
tional social cooperation. (Beitz, 2008b [1983], p. 111)
By shifting from the initial position of practice-dependent Globalism
to this ‘practice-independent’ Globalism, Beitz argued that one could
continue defending the institutionalist interpretation of the state-
ment that another world is necessary. The mere existence of moral
agents could provide sufficient ground for an account of global
distributive justice, and therefore no further argument with respect
to the particular kind of global social institutions is required, except
for the sake of analyzing the practical feasibility of a certain concep-
tion of justice.
Beitz’s different types of justifications for Globalism show that
substantive issues about the possible injustice of the global distributive
order require considerable attention to the issue of how to argue for
or against a ‘conception of global justice’.
7 This explains why method-
ological issues have been gaining prominence in the debate between
globalists and statists over global distributive justice. James (2005) and
Sangiovanni (2007, 2008; cf. also Ronzoni, 2009; Banai, Ronzoni, and
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10 Global Justice and Development
Schemmel, 2011) in particular advanced such methodological issues by
drawing a helpful distinction (one that we have used already above)
between practice-dependent accounts and practice-independent accounts of
theorizing justice . As their name suggests, the crucial difference between
these two accounts is the specific role that social practices play in a
conception of justice. In the practice-dependent account, social prac-
tices are taken to be constitutive parts of the formulation of principles of
justice. The ‘practice-dependence thesis’ says accordingly, ‘The content,
scope, and justification of a conception of justice depends on the struc-
ture and form of the practices that the conception is intended to govern’
(Sangiovanni, 2008, p. 138). That is to say that the particular shape of
social practices that form and give structure to social relations is taken to
be fundamental for the justification of a particular conception of justice.
Thus Beitz’s initial idea that the existence of a global scheme of coopera-
tion makes it proper to apply Rawls’s conception of justice as fairness to
the world as a whole belongs to a practice-dependent account of theo-
rizing justice.
According to a practice-independent account of theorizing justice, on
the other hand, social practices are merely taken into consideration when
considering the practical implications of principles of justice. Social prac-
tices are to be changed in light of certain principles whose validity is not
contingent upon the practices to which they are intended to apply. These
principles may rely on facts about human nature, but not on the social
practices that they are meant to regulate (cf. Mason, 2004). Beitz’s later
statement that the mere possession of moral personhood by all human
beings could render the usage of principles of global distributive justice
appropriate illustrates a practice-independent account of theorizing
justice. Other practice-independent accounts of theorizing justice includes
libertarian theories of justice like Nozick’s (1974) and the broader category
of natural-rights theories of justice to which they belong.
3 Which world is necessary?
With these preliminary distinctions and clarifications in place, my aim
in the first part of this book can now be formulated succinctly. In the first
part of the book I delineate the weaknesses of the practice-dependent
and practice-independent justifications of Globalism in Chapter 2 and
those of practice-dependent Statism in Chapter 3. The upshot of my
discussion in these two chapters is that neither Globalism nor Statism
represents a satisfactory conception of global distributive justice.
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Introduction 11
As a continuation of the search for a compelling conception of
global distributive justice, I analyze transnationalist conceptions of
global justice in Chapter 4. Such conceptions also rely on a practice-
dependent justification and promise to avoid the decisive problems of
both Globalism and Statism by amplifying and changing the terms of
the debate. To do so they convincingly argue that one need not restrict
questions of distributive justice to either the global or the domestic
context and that there may be a great plurality of contexts of justice.
I examine one of these transnationalist conceptions of global justice
in greater detail, namely Forst’s, because it illuminatingly urges for a
‘political turn’ (Forst, 2007a, p. 300) in the framing of such questions by
claiming that the ‘ first question of justice ’ (Forst, 2005, p. 33) concerns the
relations of justificatory power under which distributive principles are
decided upon. I conclude that although these transnationalist concep-
tions are correct in defending a conception of global justice in between
Globalism and Statism, they seemingly provide an overly fragmented
conception themselves because they do not provide a sufficiently
holistic framework for integrating the plural requirements of justice in
different contexts.
Therefore I underline in the final chapter of Part I, Chapter 5, the impor-
tance of formulating a conception of fundamental – or basic or minimal –
global justice that addresses the global basic structure. For this reason
I argue for a more modest internationalist conception, which follows
Rawls’s lead in that it perceives the formulation of certain intra- and
international conditions, the fulfillment of which would make the global
basic structure fundamentally just, as the essential task of a conception of
global justice. But I also take up the important insights of Forst’s discourse
theory of justice and therefore argue for a distinctively discourse-theoretic
version thereof. Thereby I overcome the deficiencies in Rawls’s formula-
tion of these intra- and international conditions that I identify in this
chapter by way of an examination of Pogge’s and Buchanan’s critiques of
Rawls’s internationalist conception of global justice.
So my argument will agree with Globalism that another world is
necessary in the institutionalist sense that the current system of enti-
tlements is radically unjust, but I share neither Globalism’s reasons for
making this claim nor Globalism’s particular understanding as to which
other world is necessary. While Globalism argues for the correct conclu-
sion in that it makes sense to ask whether the global distribution of
holdings is unjust, its substantive egalitarian standards of justice, such
as a global-level iteration of the difference principle, are not defensible.
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12 Global Justice and Development
And as I argue more specifically in Chapter 2, only practice-dependent
Globalism provides the right type of argument for the conclusion that
considerations of justice matter globally, since the argument that practice-
independent Globalism puts forward is incompatible with the method of
reflective equilibrium.
8 This is because the practice-independent account
of theorizing justice, that is, the genus of which practice-independent
Globalism is a species, does not ascribe any justificatory relevance to the
consequences that can be foreseen as following from compliance with a
particular conception of justice. It assesses only the intuitive appeal of
certain principles of justice and does not rely on information as to how
these principles operate in practice.
While practice-dependent Globalism avoids this problem, it neverthe-
less fails to provide a convincing account of global distributive justice,
because it neglects the fact that in the absence of global background
institutions securing political justice, certain arguments for particular,
individualistically conceived, egalitarian distributive criteria of justice
lose their justificatory force. For without democratic institutions that
are capable of fostering deliberations with respect to the kind of distrib-
utive equality that public institutions should promote, individualisti-
cally conceived egalitarian distributive principles are prone to formulate
one-sided requirements, not reciprocally acceptable ones. This would
not be a serious problem for practice-dependent Globalism if it could
argue convincingly that reasonably democratic political institutions
that would secure, for instance, Rawls’s equal basic liberties principle,
or some similar principle, could eventually emerge on the global level.
Yet an argument to that effect is very weak, because – following Kant
(1970 [1795]) – given that a world state is undesirable, it is difficult
to see how global socio-political institutions could evolve that would
afford an equal political status to all individuals. Thereby practice-
dependent Globalism’s defense of distributive equality among individ-
uals cannot be defended. Since the socio-political institutions respon-
sible for securing political justice globally have to be arranged differently
from how similar institutions are structured domestically, some of the
validity conditions of egalitarian principles of distributive justice are not
fulfilled at the global level.
In Chapter 2 I will reject Statism’s denial that another world is neces-
sary in the institutional sense. I will argue that the reasons that the two
most dominant versions of Statism put forward for restricting the validity
of egalitarian distributive justice-claims to relations among fellow citizens
and limiting the demands of distributive justice beyond the state to some
sufficientarian threshold are deeply problematic, both normatively and
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Introduction 13
empirically. Following Caney (2008) I refer to the two dominant forms
of Statism as ‘Strong Statism’ and ‘Weak Statism’. While Nagel defends a
strong version of Statism and holds that any requirements of justice are
valid only within the state, Blake argues for a weak version of Statism
that accepts the validity of some sufficientarian threshold requirement
of justice beyond the state, but that considers strongly egalitarian duties
of distributive justice to be valid only within the state.
In this chapter I differentiate further between two conceptions of
Strong Statism – a democratic sovereignty conception and a political
authority conception – and reject both of them. The democratic sover-
eignty conception argues that egalitarian duties of distributive justice
are valid only under circumstances in which individuals effectively co-
authorize coercive institutions that they impose upon themselves, whereas
the political authority conception holds that such distributive duties are
valid when coercive institutions are imposed in the name of those whom
they coerce. I criticize the democratic sovereignty conception on norma-
tive grounds, because this conception involves a conflation between the
practices that realize justice and the practices that make justice-realizing
practices necessary (cf. Forst, 2011, p. 14). After all, the institutions of
the democratic state should be understood as a response to the political
injustice that exists when some have coercive political power to decide
over others that is not democratically justified. So the democratic exercise
of power should not be thought of as a necessary condition for making
justice-claims. By contrast, the political authority conception is philosoph-
ically sounder as an account of the conditions under which questions of
justice arise, but it fails to establish empirically Strong Statism’s thesis that
egalitarian distributive duties of justice hold only within the state. There
are many instances on the inter-, supra-, and transnational levels where
some claim to be authorized to impose coercive institutions upon others.
So the political authority conception actually goes beyond Statism in that
it provides (albeit unintentionally) a justification for claims of egalitarian
distributive justice beyond the state.
The philosophical problem of Weak Statism’s justification of a suffi-
cientarian threshold beyond the state is that it views all cases of abso-
lute deprivation as calling for rectification as a matter of justice. This
is because Weak Statism presents the implications that flow from a
general duty to show equal respect to all human beings in terms of
justice only. Hence it does not separate requirements owed because of
general considerations of what all human beings owe to each other as a
matter of humanity from other requirements that arise specifically from
considerations of justice. Moreover, Weak Statism’s explanation of why
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14 Global Justice and Development
egalitarian duties of distributive justice hold only within the state is not
persuasive on empirical grounds.
This justification begins with the observation that the domestic legal
system includes private law that could coercively direct all belongings
to a small fraction of the population, thereby inhibiting effective polit-
ical influence for the rest of society. Weak Statism then argues that one
could hypothetically consent to such coercion only on the condition
that there is a reliable, public concern for an egalitarian distribution of
holdings among fellow citizens. For otherwise the minimal requirement
of possessing effective political influence over the general shape of the
legal system would not be fulfilled.
Since international legal coercion does not encompass this kind of
coercion by private law that could engender a morally problematic
distribution of holdings, Weak Statism argues that it does not give rise
to an international concern for relative deprivation among individuals.
This view must be rejected, because it relies on the implausible view of
explanatory or methodological nationalism (Pogge, 2002, pp. 139–44),
according to which the global distribution of holdings could be explained
solely by reference to domestic factors. It fails thereby to recognize that
coercion by international law also has significant consequences for the
global distribution of holdings and can also prevent actors from being
able to participate meaningfully in determining the shape of the inter-
national legal order.
In Chapter 4 I then engage with several accounts of Transnationalism,
which recognizes a plurality of contexts of justice within and beyond the
state. Forst’s conception, for example, holds the view that the ‘grounds
of justice’
9 are located wherever power is exercised, and identifies a
complex system of power relations that often manifest a multiplicity
of various, interwoven, and mutually reinforcing forms of domina-
tion, that is, unjust exercises of power. Transnationalism moves beyond
the Statism-Globalism dichotomy by proposing a conception of global
justice that identifies ‘contexts of justice’
10 not only domestically or at
the global level, but also in inter-, supra-, and transnational contexts
beyond the state. It subscribes to a pluralist practice-dependent justifica-
tion of a conception of global justice, one which holds that, apart from
distinct principles of justice for the domestic and the global case, proper
principles must also be justified for further inter-, supra-, and transna-
tional contexts. Transnationalism even considers formulating specific
principles for a genuinely transnational context that only involves non-
state agents such as transnational corporations.
In Chapter 4 I analyze more carefully the discourse-theoretic version
of Transnationalism in particular because I employ a discourse-theoretic
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Introduction 15
approach myself in Chapter 5 in order to defend a ‘disourse-theoretic’
or ‘democratic’ version of Internationalism. A discourse theory of
justice holds that the formulation of principles of distributive justice
must primarily concentrate on the socio-political conditions that would
secure a fundamentally just structure of justification within which
further distributive principles of justice would then be determined by
way of collective deliberation. While I agree with the discourse-theoretic
insight that this is the proper way of addressing issues of distributive
justice, I am reluctant to accept the kind of practice-dependent pluralism
that Transnationalism defends. For while, indeed, asking solely whether
some principles of justice are valid either domestically or globally is a
false categorization, I argue in Chapter 4 that a conception of global
justice would be overly fragmented if it were to consider the proper prin-
ciples of justice for an unspecified number of separate contexts. This
is because of the importance of the idea of devising a conception of
justice for the basic structure of a social order, which means focusing
on a limited set of conditions the fulfillment of which would render the
social order just.
To convey the relevance of this idea, one must recall why Rawls, in
the domestic case, singles out the basic structure as the proper subject
of justice.
11 Among other reasons, this is chiefly because focusing on
the basic structure of society is a way of addressing society’s background
justice , without having to pay attention to all the potential moral prob-
lems at stake in single transactions among members of society. After all,
attempting to construe principles with which individuals would have to
comply so as to maintain a just social order is too difficult a task, since
the cumulative effects of these transactions among individuals could
lead to unjust outcomes, even if the individual transactions appear
morally unproblematic when considered in isolation.
This fact, in turn, provides an argument for focusing, analogously, on
the social background justice of the global social order and for asking
what conditions, if fulfilled, would make it just, rather than attempting
to justify distinct principles of justice for various separate contexts of
justice. Hence it is problematic if a conception of global justice, such as
Transnationalism, permits a seemingly endless number of contexts of
justice within and beyond the state. In this case the conception lacks
a unifying account of global background justice, which would have to
consist of a limited set of conditions that must be fulfilled globally, what-
ever the more specific moral principles in other, narrow social contexts
might be.
In Chapter 5 I develop and defend a democratic or discourse-theo-
retic, internationalist conception of global justice and formulate a set of
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16 Global Justice and Development
intra- and international conditions that the global basic structure would
have to satisfy. I proceed by relying on two foundations: an exposition
of central ideas of a discourse theory of justice and a critical discussion of
Rawls’s Internationalism as articulated in The Law of Peoples (1999a). So
in Chapter 5 I first reconstruct Rawls’s Internationalism and then go on
to assess the criticisms of the inter- and intranational conditions of his
conception of global justice that Pogge and Buchanan have put forward.
Pogge argues that Rawls’s Internationalism fails to account for the struc-
tural aspects of social, political, legal, and economic life beyond states and
also neglects how the global institutional order is causally responsible for
the economic hardships that many members of various states experience.
I question whether the first objection by Pogge is sound, given that Rawls
clearly formulates a conception of international justice that is meant to
regulate the basic structure of global society. On the other hand, I am in
full agreement with Pogge’s second argument, since Rawls – despite his
recognition of the importance of concentrating on the basic structure of
global society – fails to acknowledge that global political and economic
institutions can contribute to or commit serious distributive injustices
that cause individuals and even entire societies to suffer.
Buchanan criticizes Rawls for counting so-called ‘decent hierarchical
societies’ (Rawls, 1999a, p. 69) as reasonable and thereby formulating a
very limited set of human rights that all ‘states’
12 would have to fulfill
internally. I concur in this chapter with Buchanan’s analysis that Rawls’s
criteria of reasonability are based on too permissive an account of the
‘burdens of judgment’ (Rawls, 2005 [1993], pp. 54–8) and, moreover, are
incompatible with the fundamental principle of equal moral respect. For
Rawls thinks that decent hierarchical societies embody reasonable prin-
ciples of social organization, despite the fact that the justifications that
its members give for its justifiability seem to be the result of an unjust
socio-political reality and deny some members of society an equal socio-
political status. This is the case, for instance, when members of decent
societies state that some people’s (reasonable) religious beliefs, which
diverge from those that members of the state religion hold, justify their
exclusion from certain political offices. This is why a sounder version
of Internationalism has to formulate intranational conditions of global
justice very different from those that Rawls defends.
Finally I offer in Chapter 5 a formulation of the distinct inter- and
intranational conditions that the discourse theory of Internationalism
requires the global basic structure to satisfy. These conditions demand
that representatives of states ought to have sufficient justificatory power
in international processes of opinion and will formation that affect
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Introduction 17
the lives of their members. Representatives of states must be able to
construct discursively the internationally valid, substantive principles
of justice upon which the specific shape and contours of a just interna-
tional order are to be erected. Domestically, structures of justification
must enable members of states ‘to demand and provide justifications
and to challenge false legitimations’ (Forst, 2011, p. 9) of the particular
shape of their domestic social and political orders.
As long as this domestic requirement remains unmet, international
practices of justification lack the normative quality necessary to reason-
ably presume the moral acceptability of the agreements reached in
international processes of opinion and will formation. For without
the effective political opportunity to question the opinions expressed
and decisions taken by the representatives of states, the concerns of
members of states are not sufficiently taken into account when states’
international priorities are determined.
In a nutshell, then, discourse-theoretic or democratic Internationalism
consists of a two-pronged approach that requires the establishment of
fundamentally just structures of justification on the inter- and intra-
national levels. These structures in turn must enable fair justificatory
discourses to construct the principles that ought to determine the funda-
mental shape of socio-political orders within and beyond the state.
4 Another world is possible
Even while recognizing the distinction between the individualist and
the institutionalist understandings of the statement that another world
is necessary, and while happily acknowledging an alternative that goes
beyond the problematic conceptions of both Globalism and Statism,
a member of one of the social movements of the World Social Forum
(2012) may nevertheless insist that the ‘another world is possible’ slogan
continues to embody an important point. Specifically, he or she might
argue, the dominant conceptions and international practices of develop-
ment, such as ideas contained in the Washington Consensus of the late
20th century and the policies of the World Bank and the International
Monetary Fund in particular, have assumed that economic growth is the
ultimate end of global development.
And this assumption, he or she would continue, is a dogma that must
be challenged because it is the root cause of the political injustice of
lack of representation at various levels of policy-making, as well as of
the distributive injustice of rampant socioeconomic global inequality
that allows around a billion people to go hungry in a world of plenty.
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18 Global Justice and Development
Focusing narrowly on economic growth fails to appreciate that such
growth is only a means and not an end of global development, because
what ultimately matters is what people can actually do and experience –
for instance, that people can actually nourish themselves. Furthermore,
exactly what particular ends individuals and collectivities should pursue
is not something that can simply be stipulated by some development
experts, but a matter to be deliberated upon carefully and inclusively
under suitable circumstances. The slogan ‘another world is possible,’
then, expresses the liberating idea that humanity need not follow any
overly narrow conception of development defined as economic growth,
but can become the author of its own destiny and can set its develop-
ment trajectories according to what it deems fit.
My argument in Part II is in full agreement with this latter under-
standing of the slogan. As I will show in Chapter 6, it is indeed the case
that most conceptions of development, which all flesh out in different
ways the concept of human or social progress, treat economic growth
as the point of development. But simply demonstrating that most theo-
ries of development rely on an indefensible assumption and positing
that some other objectives – like enabling people to be well-nourished,
or improving people’s access to decision-making procedures – should
take center stage is not enough. Without a more thorough conception
of development that specifies priorities, we will still not know what steps
should be taken to promote a more desirable international development
practice. It will also be unclear as to who – for instance, individuals,
states, or international institutions – has to fulfill which particular tasks.
Moreover, simply stating that one views certain ends of development
as more plausible than economic growth fails to address the worries of
the cynic who views any such efforts not motivated by self-interest as
useless anyway. Hence it is necessary to show how a certain form of
development could evolve that would prove sufficiently stable in the
long run and transform into a morally unobjectionable social process.
Finally, merely stating that other ends are more attractive than the
development conception based on economic growth also does not offer a
response to the objections of statists who deny that they have any obliga-
tions toward members of other states beyond the activities in which they
are engaged already. Hence it is not enough, though it is very important,
simply to object that most development conceptions that have emerged
since around 1950 fixate narrowly on economic growth.
For this reason I applaud in Chapter 6 the human development
approach pioneered by Sen, as it effectively undermines the conceptions
of development espoused by modernization theory, dependency theory,
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Introduction 19
and the Washington Consensus – all of which share the assumption that
economic growth is the ultimate purpose of development. Sen’s work
illuminates that neither the mere possession of goods nor the amount
of utility that a certain bundle of goods may yield constitutes a suitable
criterion for assessing development. But while his favored capabilities
metric, namely the effective freedoms to do certain things or to expe-
rience certain states of beings that one has reason to value, certainly
advances the debate about how to understand development, his concep-
tion of development as freedom falls short of answering the additional
questions mentioned above that a complete conception of development
must also address.
Nussbaum’s version of the human development approach is therefore
even more appealing, since it suggests a distinctively justice-based concep-
tion of development that specifies priorities. And since she argues for a
conception of basic justice that is certainly not demonstrably unachiev-
able, she also addresses the potential objection that any efforts to realize
development or justice would be useless anyway. Therefore I accent
in Chapter 6 Nussbaum’s crucial insight that a sufficiently elaborated
theory of justice can substantiate a conception of development.
I suggest, however, that a discourse theory of justice is more suitable
for this role than the purely outcome-oriented conception of justice that
Nussbaum offers. The reason is that such a discourse-theoretic justice-
based conception can better fulfill the abstract idea that human or social
progress requires a process of liberation through which people come to
have their dignity recognized – as well as to recognize the equal dignity
of others. It seems more truly aligned with justice-based human develop-
ment if people occupy positions in a social process that permit them to
define collectively the goals of development, rather than if they simply
enjoy being the beneficiaries of desirable outcomes.
Finally, in the final chapter of this book I make the case that discourse-
theoretic Internationalism also provides a compelling normative basis
for a moral rationale for certain forms of international development
practice, one that is superior to the primarily distribution-oriented moral
rationales that can be formulated from either Statism or Globalism. In
carrying out this argument, I engage with certain critiques of interna-
tional development practice that have been put forward by post-devel-
opment theorists, who claim that this practice is not only ethnocentric
but also relies on inadequate interpretations of the contexts of the
people whom its policies address.
I defend that discourse-theoretic Internationalism is better equipped
to address these charges than alternative moral rationales for the
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20 Global Justice and Development
international development practice that rely solely on humanity-based
or exclusively distributive justice-based moral foundations. In this way
I can show in this chapter that discourse-theoretic Internationalism
provokes sound, considered moral judgments when assessing its rele-
vance for an influential area of global political practice. This fact further
strengthens the case for discourse-theoretic Internationalism as the most
compelling conception of global justice.
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Global Justice and Development
Julian Culp
ISBN: 9781137389930
DOI: 10.1057/9781137389930
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193
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... Diese Grundstruktur ist gerecht, sofern sie es ermöglicht und zulässt, dass demokratische sowie auch nicht-demokratische, anständige Gesellschaften selbstbestimmt handeln und gleichberechtigt miteinander kooperieren (vgl. Williams 2011;Culp 2014). Anständige Gesellschaften erkennen grundlegende Menschenrechte wie körperliche Unversehrtheit, Recht auf Privateigentum sowie ein bestimmtes Maß an Gewissens-und Gedankenfreiheit an. ...
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