Suchergebnisse

AbstractScholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of conditions, especially cost. The essay recommends improved methods to incorporate treaties and customary international law into the constitutional structure. Treaties should be approved by the whole legislature and should generally be self-executing. Customary law should be genuine, not fake, and consistent with liberal principles. Finally, based on economic theory and evidence, the essay recommends that liberal constitutions prohibit the government from erecting trade barriers. It concludes by tentatively proposing concrete constitutional language to implement these recommendations.

Fernando R. Tesón replies to Terry Nardin's critique

The war in Iraq has reignited the passionate humanitarian intervention debate. President George W. Bush surprised many observers in his second inaugural address when he promised to oppose tyranny and oppression, and this in a world not always willing or ready to join in that fight. Humanitarian intervention is again on the forefront of world politics.

In War and Self-Defense David Rodin uncovers many flaws of current thinking about war. Rodin correctly points out that the justification of national self-defense goes beyond the justification of individual self-defense. He accurately rejects the standard notion of moral symmetry—the accepted view that both just and unjust warriors can permissibly kill enemies as long as they observe the laws of war. Rodin vindicates the right view: if a war is unjust, each and every injury caused by the unjust warrior is a criminal act. There are no morally justified killings by those who fight unjust wars. Further, Rodin rightly rejects various holistic theories of self-defense. Last but not least, he correctly denounces what I have called the Hegelian Myth, the idea that tyrannical governments are worth defending against interventions aimed at deposing them because they are protected by the principle of sovereignty.

Tesón critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations. Tesón first summarizes Rawls' theory and then presents a critique. With this essay, Rawls joins an already vigorous scholarly reaction against traditional state-centered models of international law and relations. When measured against such models, Rawls' theory of international law moves in the right direction in assigning a role, albeit a modest one, to human rights and political legitimacy. However, to the extent that Rawls' effort purports to be a rational reconstruction of international law for our new era (as he certainly intends it to be), it fails to capture central moral features of the international order. His proposal is still too forgiving of serious forms of oppression in the name of liberal tolerance. The theory thus falls short of matching the considered moral judgments prevailing in today's international community. Moreover, it fails Rawls' own test of epistemic adequacy.