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- Herausgeber: John Wiley & Sons
- Kategorie: Geisteswissenschaft
- Sprache: Englisch
A fascinating and engaging discussion of the central issues in the contemporary study of global justice
In Global Justice: An Introduction, distinguished legal and political philosopher Thom Brooks delivers an authoritative and accessible introduction to foundational concepts in the study of justice that are common to societies around the globe. The author covers fundamental and contemporary concepts, exploring and explaining critical issues, including sovereignty, severe poverty, environmental justice, and human rights.
Each chapter explores a unique subject and includes illuminating examples from current affairs around the world, as well as a selection of further reading material that will add depth to reader understanding.
Designed to be used as the companion text to The Global Justice Reader, Revised Edition, this book also stands alone as a resource offering expert introductory treatments of the key issues animating contemporary discussion in the field of global justice.
Readers will also find:
- Thorough introductions to sovereignty, the rights to self-determination, human rights, and nationalism and patriotism
- Comprehensive explorations of cosmopolitanism, immigration and citizenship, and global poverty
- Practical discussions of the concept of just wars, terrorism, and feminist global justice
- Extensive treatments of climate change as it relates to the international order and environmental justice
Perfect for students of philosophy, politics, political science, and law, Global Justice: An Introduction will be of particular interest to academics and general readers seeking coverage of subjects in international law, jurisprudence, and political and moral philosophy.
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Veröffentlichungsjahr: 2023
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Table of Contents
Cover
Title Page
Copyright Page
Dedication Page
Preface
Introduction
Justice for the globe
What is global justice?
What is this book about?
How to read this book
1 Sovereignty
Introduction
The state of nature
Might is not right – nor sovereignty
International politics as a state of nature
Global justice and sovereignty
Conclusion
Discussion questions
2 Rights to Self‐determination
Introduction
Normative justification
Minimally realist justification
What about the parent state?
Conclusion
Discussion questions
3 Human Rights
Introduction
The divine right of kings
Natural rights
What is a right?
What is a human right
Do groups have rights?
Rights violations
Conclusion
Discussion questions
4 Nationalism and Patriotism
Introduction
Classical nationalism
Liberal nationalism
Nationalism without nations
Patriotism and cosmopolitanism
Conclusion
Discussion questions
5 Cosmopolitanism
Introduction
Cosmopolitan justice
Cosmopolitan peace
Cosmopolitan patriotism
Cosmopolitan justice
Global philosophy
Conclusion
Discussion questions
6 Immigration and Citizenship
Introduction
Immigration as a quasi‐contract
The right to exclude
Immigration and national identity
Conclusion
Discussion questions
7 Global Poverty
Introduction
Positive duties
Negative duties
Remedial responsibility
Capabilities
Realism and practical matters
Rectificatory justice
Conclusion
Discussion questions
8 Just War
Introduction
Premodern just war theory
Conventional just war theory
Revisionist just war theory
Is war “just”?
The moral symmetry of noncombatants
Conclusion
Discussion questions
9 Terrorism
Introduction
What is terrorism?
Terrorism and intentions
Can we justify terrorism?
Assassination and targeted killings
Conclusion
Discussion questions
10 Women and Global Justice
Introduction
Is multiculturalism bad for women?
Feminism and polygamy
Culture, gender justice, and severe poverty
Conclusion
Discussion questions
11 Climate Change
Introduction
Tragedy of the commons
Mitigation
Adaptation
Rethinking sustainability
Conclusion
Discussion questions
Conclusion
Bibliography
Index
End User License Agreement
Guide
Cover Page
Title Page
Copyright Page
Dedication Page
Preface
Table of Contents
Begin Reading
Conclusion
Bibliography
Index
Wiley End User License Agreement
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Global Justice
An Introduction
Thom Brooks
Durham UniversityDurham, UK
This first edition first published 2023© 2023 John Wiley & Sons Ltd
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For my students
Preface
When I was an undergraduate student in the 1990s, I developed a lifelong interest in political philosophy. The field has changed in so many ways since. One important way is the shift from a near exclusive look at domestic justice to mainstreaming global justice. With only a handful of exceptions, virtually all talk about justice was really about justice within a state. What was striking at the time is how rarely global justice came up – even though groundbreaking work was ever‐present.
Global justice is not new and political philosophers have grappled with it since day one. What is new is the size and scale of interest in the subject over the past few decades. We have always talked about human rights crossing borders, just war theories, climate justice, and much more. But instead of these being fringe topics at the margins of political philosophy, they have moved onto the center stage.
The origins behind this book lie in an earlier book. Nearly two decades ago, there was relatively little in this area for students. I saw a need for a new anthology bringing together the best classic and contemporary work, of readings being widely taught and yet nowhere collected in one place. Blackwell kindly agreed to publish my The Global Justice Reader in 2008, and I have been thrilled to see the positive reception it has enjoyed since. This was part of a four‐book deal to produce The Global Justice Reader, an edited book Hegel's Philosophy of Right, a monograph on political philosophy for the Fundamentals in Philosophy series (set to be completed shortly), and a companion introduction – the book in your hands – to The Global Justice Reader. I am more than a little embarrassed by the length of time in bringing all four books to fruition, as life intervened in several ways including my continuing work in Parliament advising on mostly home affairs and justice issues for over a decade. But I am pleased to have at least produced an extra book – a new revised edition of the original Reader expanded, revised, and updated – which I hope has kept me in Blackwell's good books notwithstanding the delays.
As I make clear in the following Introduction, this book can be read and understood as a standalone introduction to global justice or as a companion to either the first or revised edition of The Global Justice Reader. It is a great pleasure to see this book appear alongside the revised edition of the Reader, and I very much hope students will continue to benefit from both for many more years to come.
My first thanks must go to my students. The original reason for putting the Reader together with this companion book was to benefit students first and foremost. I owe thanks to those who took my classes on global justice at both Newcastle and Durham universities. Their insights and probing questions in lectures and seminars as we worked through each of the main readings surveyed here has been as illuminating as it is enjoyable.
My next thanks must go to the team at Blackwell, especially the late Nick Bellorini. His multi‐book deal offer was one of my biggest first breaks as a budding academic. I still recall our conversation at a café around the corner from St. Edmund Hall, Oxford, where these plans were agreed. Nick's support for me at that time was incredibly important, and I will always owe him a huge debt of gratitude and miss speaking with him. I am also hugely thankful to Charlie Hamlyn not least for his superb patience as I have brought several projects to completion (and at last).
Various papers, comments, and more have been presented or discussed at a number of universities and institutions, including the Carlsberg Akademi, Edinburgh Fringe, Glasgow Skeptics, International Centre for Parliamentary Studies, Juris North, Public Policy Exchange, the UK Parliament's All‐Parliamentary Group on Refugees, and the universities of Arizona State, Baltimore, Boston, City University of New York Graduate School, Edinburgh, Georgia State, Ghent, Hull, Indian Institute of Technology, Jagran Lakecity, Leicester, Oslo, St. Andrews, Stirling, Suffolk, Surrey, University College London, and Yale. I owe many thanks to several friends and colleagues for various conversations helping to shape my views, including Robin Attfield, Christian Barry, Lord (David) Blunkett, David Boucher, Gillian Brock, Claire Brooks, Gary Browning, Vittorio Bufacchi, Carolyn Cole Candolera, Simon Caney, Andrew I. Cohen, Andrew Jason Cohen, James Connolly, Rowan Cruft, Fabian Freyenhagen, Christel Fricke, Lisa Fuller, Stephen Gardiner, the late John Gardner, Carol Gould, Les Green, Gina Gustavsson, Bruce Haddock, Iain Hampsher‐Monk, Nicole Hassoun, David Held, Clare Heyward, Peter Hulm, Afzal Khan MP, Eva Kittay, Alison Jaggar, Peter Jones, Pauline Kleingeld, Melissa Lane, S. Matthew Liao, Kasper Lippert‐Rasmussen, Loren Lomasky, Graham Long, the late Jonathan (E.J.) Lowe, Holly Lynch MP, Ruth Macklin, Jeff McMahan, Raino Malnes, Sandra Marshall, Wayne Martin, David Miller, Margaret Moore, Richard Mullender, Aletta Norval, Martin O’Neill, late Gerhard Øverland, Eric Posner, Jon Quong, Peri Roberts, David Rodin, Michael Rosen, Dominic Roser, Lord (Richard) Rosser, Andrea Sangiovanni, Samuel Scheffler, David Schlosberg, Thomas Schramme, Esther Schubert, Peter Singer, Baroness (Angela) Smith, Matthew Noah Smith, Suzanne Sreedhar, Daniel Star, Keir Starmer KC MP, Kok‐Chor Tan, Fernando Teson, Laura Valentini, Martin van Hees, Albert Weale, Kit Wellman, Jo Wolff, Hiro Yamazaki, and Lea Ypi among others.
I owe a large debt to Martha Nussbaum, whose work has had a deep impact on me; to Leif Wenar, who first introduced me to the topic; and to Lord (Bhikhu) Parekh, who has been my guru for nearly 20 years. I am enormously grateful to my family, especially to Claire and Eve, for their patience and support throughout the writing of this book and much else.
T.A.K.B. Sedgefield, England
Introduction
Justice for the globe
Malaika does not live like other teenagers in Western countries. Since the civil war began in her country that tragically saw her father killed, before famine or debts took what was left of her family's farm, she struggles to earn what money she has left to help feed her unwell mother and younger siblings. They live each day hand to mouth. With these daunting daily struggles to survive, Malaika is unable to attend school and prepare for a future career.
Joseph lives in a home that his family has owned proudly for several generations. But it will sadly not be around much longer to be enjoyed by his children nor any grandchildren. Joseph's problem is not money or a desire to move away but the rising sea level that now reaches his front gate at each high tide. Joseph's island is sinking and his nation is being slowly drowned. He and his family do not know where else they might go. They have never been abroad before and yet face permanent expulsion as nature swallows up their country.
Emma's life is a world away from Malaika and Joseph. Emma lives in a comfortable home in an affluent and desirable town. She was active in sport, winning a scholarship at university and enjoys a well‐paid professional job. Emma is able to afford a home in the best part of town where her children thrive. The family enjoys vacations abroad every summer.
These short biographical snapshots are fictional. None actually exist. However, their circumstances – and their contrasts – are all too real. Malaika, Joseph, and Emma did not choose to be born or where they would grow up. Yet, their future horizons can be shaped by the contexts they find themselves. Growing up in a war‐torn famished developing country is different from living on the frontline combatting climate change or enjoying life in an affluent state. But what to do about these differences? If in the same state, we might argue they should have the same life chances and greater equality – but they do not. So, what should justice look like for Malaika, Joseph, and Emma when they have different lives and are citizens of different countries? If you are interested in these issues, then you are interested in global justice. Topics like severe poverty, just war, gender global justice, climate change, distributive justice, and much more are all covered in this book.
What is global justice?
Traditionally, whenever political philosophers thought about justice, they primarily focused on justice within a state. Questions about what freedom, equality, and rights individuals might possess were aimed at citizens of a state. For example, John Rawls's famous A Theory of Justice (1971) develops a conception of justice that individuals enter at birth and leave at death. Rawls considers what principles of justice that citizens would agree – and how they would do it. Justice is about setting the boundaries and agreeing how we might regulate our society.
But, of course, this raises big questions about what justice looks like more broadly. Should all states around the globe have the same view about justice – or can there be differences? How might “we” resolve conflicts between states that disagree about fundamental issues of justice without a world government or court?1 Are there rights that everyone is entitled to, even if my state does not recognize them? These are all the big questions that global justice theories attempt to answer – and which will be discussed in this book.
Global justice is about justice across borders (Brooks 2012; Brooks 2016a). These issues are some of the most pressing and important as well (see Brooks 2015a). Our world is divided. There are some highly affluent states that control most of the global wealth. Yet, there are many states where individuals suffer in severe poverty. So, what should be done? Some might argue that those who can supply the resources to save others in need should do so, but others claim the primary responsibility should be with those responsible for their severe poverty. Which should we choose?
We live in a world of borders. Nobody chooses where they are born. And yet, where we are born can influence our life chances in terms of health, education, and relative wealth. So, what should we do about immigration? Some might argue that our citizenship at birth is arbitrary because we did not choose where we were born. It is unfair to deny individuals an opportunity to live where they wish and so, it is argued, we should have more open borders. However, others argue how a society is structured is not arbitrary. Communities self‐determine themselves and invest in their citizens, such as in public services that require border restrictions for such support to be maintained. Which view to support?
We live in an endangered world (Brooks 2020a). Climate change is threatening our future sustainability in a myriad of ways, such as increased risks of flooding coastal communities, worsening famines, and more severe weather events. Some claim we should turn to conservationism cutting back global emissions substantially, even if it cut economic growth, as a means to bring climate change to a stop. Others argue that we should invest in adaptative technologies to adjust better to changing conditions. Which should be our priority?
These are only a few of the many important issues that global justice deals with – and covered here. This book is an introductory guide surveying the main ideas from some of the key texts in the field by its leading contributors.
What is this book about?
This book is divided into 11 chapters. In this section, a brief overview of the topics and issues are surveyed. The aim is to provide a general picture of what different areas of global justice are about. Readers are welcome to organize their approach in which order they consider chapters afterward.
The first chapter is about sovereignty. This is about the supreme authority within a territory. This is a core concept in global justice. The idea of sovereignty might imply a supreme legitimate authority. Some philosophers, like Thomas Hobbes, argued that sovereignty was built on the consent of the governed. It raises questions about what makes any governing body a legitimate authority – and whether any such body lacking public consent can be considered a supreme authority. Moreover, it also raises questions about whether other states should consider a political community as a sovereign state and why.
The idea of sovereignty, at least in Hobbes's influential work, is connected to his idea of a state of nature. He argues that a world without government where we are each left to fend for ourselves is an environment where life is harsh and short‐lived. Hobbes claims we would each crave security in self‐preservation and so would come together surrendering our freedom to act as we like in a state of nature to consent to a strong government. Limiting our individual freedom and consenting to having the state regulate our relations is a price worth paying, he argues, for peace.
As will be seen, this idea about how we might legitimize the power of the state for its citizens has been applied to the international sphere. It is regularly argued that there is a global state of nature as individual states fend for themselves without a world government or state to govern their relations. The ensuing debate is whether this analogy of an amoral global sphere is a correct description of foreign affairs or whether there are normative requirements globally as constructed by states in cooperation with each other.
The second chapter is about rights to self‐determination. This takes discussion about sovereignty a step further. So, what justifies any group of individuals to form a state? What values or principles, if any, must they all accept? Is it necessary that group members recognize each other and, if so, how? And, furthermore, if a group can legitimately form a state, can they do so by seceding from an existing state – and those that state have a say?
The issues are thorny, but fundamental. We often recognize the right of sovereign states to regulate themselves without foreign interference in peacetime. So, what, if any, limits are there to how a state self‐determines itself and governs its citizens? And what if citizens are deeply divided on such issues to the extent that agreement on basic governance seems beyond reach? While we might often claim a right to self‐determination, it is not always clear how this might work in theory or practice. But it is very clear that – whatever our view – there may be far‐reaching consequences for understanding the state and its relation to other states.
The third chapter is about human rights. It was once thought that there was a divine right of kings whereby only the monarch had rights – and any rights their subjects enjoyed would be at the pure discretion of a king or queen. Supporters of natural rights objected and claimed that individuals had rights naturally, from birth, and regardless of their nationality. This raises a fundamental question of whether rights are ours from birth – and a part of nature – or whether the rights we have come from social conventions over time.
A further fundamental question is, if I have human rights naturally or socially, which rights do I have? This touches on one distinction between our rights versus our human rights. The latter are usually thought to be more essential and universal. While many argue that rights to life or liberty are human rights, not every right shares the same status. Plus, there are deep disagreements about what should be seen as a human right. For example, most accept a right to life but not everyone agrees a right to life must mean we abolish the death penalty. Thinking about human rights helps us better understand our most fundamental freedoms, what it is that gives them a special status and reflect on disagreements about their status, number, and justification.
The fourth chapter is about nationalism and patriotism.2 In the political science literature, discussions about (classical) nationalism typically refer to right‐wing political movements.3 But here we refer to a kind of ethical nationalism referred to as “liberal nationalism.” In other words, what features and values should members of a nation possess in common – and how can this be justified? Is national membership a matter of birth or how might citizens from other states join the national community? And, more centrally, are we under a greater obligation to help conationals in need over non‐nationals?
Patriotism is often held as a kind of virtue – that it is praiseworthy to be patriotic and supportive of the country of your citizenship. But what are the grounds for such commitment – and what are the limits? Do we have equal duties to everyone – or special duties to compatriots that prioritize them over others? Does a love of country clash with commitments to love noncitizens or not?
The fifth chapter is about cosmopolitanism and continues to engage with questions raised about nationalism and patriotism. For example, are liberal nationalists right that we have special duties to our fellow citizens over others – or are cosmopolitans right that we universal duties toward human beings regardless of their nationality? What does cosmopolitan justice look like in an international sphere of separate states?
A major debate in cosmopolitan thought is about whether world peace requires a world government. Can we aspire to a perpetual peace among states without a single global power ruling over all states – and, if not, why not? There are further issues around the importance of the equality of every individual in a world where life chances can differ wildly depending on where someone is born. What does global justice have to say about this? These are some of the questions we will be looking at more closely in that chapter.
The sixth chapter is about immigration and citizenship.4 People are crossing borders more than ever before. This is a topic that is personal to me. I was born in the United States where I had citizenship and then studied and worked in the Republic of Ireland before settling and gaining a second citizenship in the United Kingdom. The first question here is simply why have borders? We live in a bordered world, but where the lines are drawn – and what the rules for entry and settlement might be – differ. What justifies restrictions and exclusions? And how – and why – might we treat refugees differently from other forms of migration? It is worth noting that we frequently do. While most immigration rules fall under domestic law, the rules relating to handling asylum claims fall under international law. The former relates mostly to economic migrants and family reunion, while the latter cover individuals fleeing persecution. Most states treat migrants differently depending on their reasons for seeking entry and residence – how and why might this matter?
The seventh chapter is about global poverty. This is possibly the biggest topic of interest in global justice. The issue is what to do about severe poverty? There are different views on what is best. One is that we may have a positive duty to help if we can irrespective of whether we have any connection to those in need. A second view is that those who may have contributed in some way to those in need have a negative duty to provide support. A third view is we should consider the connections each state has in weighing up the strength or its so‐called remedial responsibilities – in other words, its responsibilities to provide a remedy. A related but fourth view is that states are not the only agents of global justice and we should consider the ability and connectedness of nongovernmental international institutions who may have more resources and be placed in a better position to do good.
This work focuses on a central problem. Sadly, there are many in dire need. The question is whether it matters why they are in need if there are those among us who can provide rescue. Or whether those who have done wrong or supported institutions contributing to severe poverty should bear a heavier burden than others.
And when thinking about what should be done, how relevant is what can be done? This is where ideal global justice theory focusing on what ought to happen comes against nonideal (or more practical) global justice theorizing which takes more seriously the relevance of our practices on what actions we support.
The eighth chapter is about another big topic in global justice: just war. There have been theories about what constitutes a just war since wars were first fought. The classic view is that a just war requires that there is a just cause, fought in a just way by a just government. But, of course, each of these is question‐begging. What constitutes a just cause for war? Must we wait for the first strike to hit before taking action – or can we move pre‐emptively? What are the limits of lethal combat especially where so much depends on the “just” side winning? And who is to decide what constitutes a just government – cannot non‐democracies have a just cause, too?
This literature has expanded greatly over the past decade, especially thanks to the work of an old friend, Jeff McMahan. He challenges the conventional view of just war theory whereby combatants on each side facing each other in battle were thought to have moral symmetry. For McMahan and many others since, only combatants with a just cause can fight as they deny the moral symmetry claiming unjust combatants have no justified right to fight back. But if we think anyone who contributes to an unjust cause might be liable to attack, does this extend to noncombatants in any circumstances? And if we think the distinction of unjust versus just combatant builds of a particular understanding of self‐defense between individuals – is this based on a mistake about how self‐defense works in the criminal law?
The ninth chapter is about terrorism. Famously, former US President Ronald Reagan once said that one man's terrorist is another man's freedom fighter. For example, leaders of the American Revolution are held up as heroes in my native United States. However, this is not true for the leaders of other revolutionary activities using violence. So, how might, if at all, acts of terrorism ever be justified in theory or in practice? What must be intended – and how, if at all, does this matter?
The tenth chapter is about women and global justice. Women voices feature in the earlier chapters – and this is important because women philosophers make some of the most profound contributions to the subject.5 In this chapter, we focus specifically on women and global justice. For example, many of us will agree that our state should do more to champion the rights of women. At the same time, many will agree we should go further in defending multicultural rights. But, is multiculturalism bad for women, especially where some of the practices may appear to undermine the equality between men and women? And how does a feminist view of global justice shape our approach to severe poverty alleviation? Is polygamy acceptable where virtually all polygamous marriages are of one husband with multiple wives – or not?
The final eleventh chapter is about climate change. Our planet is warming and human beings are primarily responsible for it. The question is then what to do. One approach is to argue we must focus on conservationism and so substantially reduce our carbon emissions to a sustainable level. A second approach is to claim we should look to technology and find new ways to adapt to our climate changed future. Noticeably, both approaches share a view that there is a happy ever after end‐state in sight. If only we conserved or adapted enough, we can continue on – the problem of climate change can be solved. But there is another view that such a position is based on a mistake given that environmental catastrophes have happened without human causes in the past and so suggest that even if we reduced impact to zero or adapted perfectly that this might never be enough to avoid a future catastrophe. And so we should not look at sustainability as a permanent state but as an impermanent state. This raises all kinds of questions. How much should we conserve – and what if no amount of conservation could avoid a catastrophe? Climate change is already happening and so how can we better adapt to it? And how does an ever‐present possibility of a future catastrophe impact the way we should think about climate change ethics and the motivation to act?
In describing these 11 chapters, readers will note that rather than dropping big names I have raised philosophical questions. It is through questions like this that help us think about what a topic is and begin working out for ourselves what our own view might be on these issues. Give yourself time to pause and think – even briefly – about where your intuitions are on these questions and let yourself be challenged by the deeper discussions in the following chapters. We can all think philosophically even if we have not been trained to do so before. This book will support how you might do it, and each chapter ends with discussion questions to reflect on afterward.
How to read this book
This book Global Justice: An Introduction is written to be read in two ways. First, it is a standalone text in its own right for students coming to the study of global justice for the first time. No previous knowledge of the topic is assumed nor of philosophy generally in – what I hope – is an accessible and enjoyable survey of the field.
Second, this Introduction can be read as a companion to my The Global Justice Reader.6 Each chapter in the Introduction covers a section of readings in the Reader. For example, Chapters 1 and 2 in the Introduction cover the material reprinted in parts 1 and 2 of the Reader. To keep the connections simple, I have named each chapter and parts the same so easily connected together. I have kept references to a minimum and mostly to the chapters in the Reader, but note where chapter sections discuss different sections in the Reader in the footnotes.
This Introduction was written from Introduction to Conclusion, and some references may look forward to future chapters, but the chapters may be read in any order of interest and designed to engage and explain students who have not looked at this material previously – although it is hoped this book will be of interest to students who have familiarity, too. Each chapter ends with discussion questions to be thought about individually or in conversation if used as part of a course.
Otherwise, my hope is that students will be introduced to many of the core concepts, debates, and leading contributors. No such book can cover everything, and I have been selective, especially focusing primarily on following the content in the Reader and the points raised in the main literature included in that book. While this Introduction is designed as a helpful survey, readers are always encouraged to explore the primary works cited and discussed to consider their arguments firsthand and develop their own views on various topics.
Global justice is a fascinating subject where interest continues to grow. I hope this book helps make clear why this is.
Notes
1
A note about the use of “we” at the start. While I write from the perspective of a dual American and British citizen, I do not intend the “we” used here to have any particular characteristics beyond “individuals interested in global justice.” We, those who have interests in global justice as a topic, ask these questions wherever we are from.
2
Some readers will notice that I did not name John Rawls's
The Law of Peoples
and its critics. This was the fourth section of the original edition of
The Global Justice Reader
. As this appears to be covered much less in global justice courses now, I have decided to remove the section from the revised
Reader
. I have added a new section later in the book on Immigration and Citizenship which is getting greater prominence instead and cover it in
Chapter 6
.
3
A brief note that this book will take an interdisciplinary perspective. This is because my background is across disciplines with a BA in music and political science, an MA in political science, an MA in philosophy, a PhD in philosophy, eight years working in Politics department, and another decade in a law school, half of which was spent as dean. I will draw on this background throughout this text. For what it is worth, I strongly recommend academic study across disciplines as a way of enriching multidisciplinary studies generally.
4
Some readers will notice that this is a new section introduced into the revised edition of
The Global Justice Reader
published in 2023. Readers using the original 2008 edition can still follow the references given in this chapter.
5
This is an important point. In thinking about the diversity of voices in this subject, these voices should never be collected and restricted in chapters away from the central, mainstream issues. Moreover, this debate discussed here between multiculturalism and feminism is among the most referenced in the field.
6
See Brooks (2008, 2023a). This book –
Global Justice: An Introduction
– comments on all chapters from
both
editions and so the Introduction is a companion to either edition albeit more closely following the current 2023 edition.
1Sovereignty
Introduction
Sovereignty is a central concept in global justice. It concerns the exercise of legitimate power over others, including the limits of its exercise and the forms it might take. In short, sovereignty is about the supreme political authority within a territory (Philpott 2020).
This concept has two important parts. The first is that sovereignty is about supreme authority, not any lesser form of authority. For example, in medieval England, there were varieties of overlapping authorities that might be appealed to, including the law of the local king, the Danelaw of the Vikings, or canon law (Rabin 2020; Stenton 1971). If accused of breaking the law, the defendant could – and often did – challenge which law (and its associated punishment) should have standing in that case. Trials were not only about who did what, but also about which rules applied. This is an illustration of multiple, overlapping authorities competing for supremacy in the absence of overarching sovereignty.1 Sovereignty is achieved when there is a source of political and legal power that has supremacy – and which happened in England over time as power was consolidated and took control.
The second part to sovereignty is it is within a territory.2 The exercise of supreme political authority has boundaries and sits within a geographical space. Sovereignty is concerned with the supreme authority within a place and that is grounded. Therefore, it might be that a country might not have sovereignty over the full span of its territory if it does not have supreme authority over all space within its borders.
The idea that a supreme authority within a territory establishes sovereignty is influential. Since at least the Peace of Westphalia in 1648, states were deemed to be self‐contained, independent, and sovereign bodies in international affairs – in what has been called the state‐centric Westphalian system. Diplomacy was about respecting the sovereignty of states and their territorial integrity. This meant that any internal matters within a state's territory were seen as a matter for that state alone to act on. No state ought to interfere in the domestic affairs of any other sovereign state.
In this chapter, we will consider two important perspectives on sovereignty and its importance. The first is a classic view drawn from the history of political thought championed by Thomas Hobbes. The second is a contemporary view made prominent by Charles Beitz. Together, they help deepen our understanding of this important political concept and key terminology that will be useful when thinking about other areas of global justice, too.
The state of nature
So, how does sovereignty arise and what justifies it? The classic view stems from philosopher Thomas Hobbes in his work Leviathan published in 1651. Hobbes considers the issue of how the state is justified. He reflects on what the world would be like without any state or political institutions, which he calls a state of nature.
Individuals in a state of nature live without any rules imposed on them by others. Hobbes says that we are each free to do what we like for the preservation of our own life – the right to life being a fundamental, natural right from birth – in a lawless world governed only by anarchy (Hobbes 1996:86–100).3 A state of nature is not a happy environment for all. Hobbes describes the state of nature as a condition of war “of every one against every one” where life is “nasty, brutish and short” (Hobbes 1996:89). As everyone seeks to preserve their own lives, they can come into conflict with others in a world without governance. No one has any safety nor security to protect and preserve themselves. It is not difficult to imagine how difficult such a life could be for even the most able in excellent health.
Hobbes argues that because everyone seeks their own preservation in a world plagued by anarchy and potential conflict we will each seek to obtain peace. Conflict is only considered where peace cannot be secured. Hobbes says it is a “fundamental law of nature” that all individuals seek peace and enjoy it. We do not naturally seek to be at war with one another – not least as this can be counterproductive to each of us seeking our own preservation. We can live longer in greater safety if peace could be secured in some sustainable way. The issue is how this is possible for individuals in this hostile environment.
Hobbes claims that our desire for peace leads us to the second fundamental law of nature (reprinted in the original Old English):
