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The Principle of Solidarity : a Restatement of John Rawls' Law Of

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The Principle of Solidarity : a Restatement of John Rawls' Law Of DISSERTATION: THE PRINCIPLE OF SOLIDARITY: A RESTATEMENT OF JOHN RAWLS´ LAW OF PEOPLES ZUR ERLANGUNG DES AKADEMISCHEN GRADES DOCTOR PHILOSOPHIAE (DR. PHIL) VON MILICA TRIFUNOVIĆ EINGEREICHT IM DEZEMBER 2011. AN DER PHILOSOPHISCHEN FAKULTÄT I DER HUMBOLDT-UNIVERSITÄT ZU BERLIN PRÄSIDENT DER HUMBOLDT-UNIVERSITÄT ZU BERLIN: PROF. DR. JAN-HENDRIK OLBERTZ DEKAN: PROF. MICHAEL SEADLE GUTACHTER: 1. PROF. DR. VOLKER GERHARDT 2. PROF. DR. WULF KELLERWESSEL TAG DER MÜNDLICHEN PRÜFUNG: 20. JUNI 2012. 1 CONTENT CHAPTER ONE.............................................................................................................................................5 Instead of Introduction: Global Justice Debate- Conceptions and Misconceptions........................................5 1. Global Justice Debate – Conceptions and Misconceptions............................................................5 1.1. CONCEPTUAL ANALYSES....................................................................................................6 1.1.1. Aristotelian Paradigm................................................................................................7 1.1.2. Rawlsian Paradigm ...................................................................................................9 1.1.3. Aristotelian and Rawlsian Paradigm in A Global Context .......................................13 1.2. METHODOLOGICAL ANALYSIS ...........................................................................................21 1.2.1. Political Constructivism in a Global Context............................................................22 1.2.2. Cosmopolitan Constructivism .................................................................................29 1.3. FUNCTIONAL ANALYSIS ....................................................................................................33 1.4. CONCLUSION ..................................................................................................................36 CHAPTER TWO..........................................................................................................................................37 Rawls’ The Law of Peoples: Structure, Substance, Function ......................................................................37 2.1. CONCEPTUAL CLARIFICATIONS.........................................................................................38 2.2. IDEAL THEORY IN RAWLS.................................................................................................44 2.2.1. Ideal Theory for a Domestic Society .......................................................................44 2.2.2. Global Ideal Theory.................................................................................................47 2.2.3. Problems with Ideal Theory ....................................................................................49 2.3. NONIDEAL THEORY IN RAWLS...........................................................................................50 2.3.1. Normative Nonideal Theory for a Domestic Case .....................................................50 2.3.2. Normative Nonideal Theory for International Relations ..........................................53 2.3.3. Problems with Nonideal Theory.................................................................................55 2.4. CONCLUSION ..................................................................................................................56 CHAPTER THREE ......................................................................................................................................57 The Peoples ................................................................................................................................................57 3.1 The Law and the Politics of ´the Peoples´ – Historical Aspect......................................................58 3.1.1. The Concept of Self-Determination.........................................................................61 3.1.2. Common Culture.....................................................................................................64 2 3.1.3. State Cooperation ...................................................................................................65 3.1.4. CONCLUSION ........................................................................................................68 3.2. THE IDEA OF PEOPLES IN RAWLS’ “THE LAW OF PEOPLES”..................................................70 3.2.1. Liberal Peoples .......................................................................................................78 3.2.2. Decent Hierarchical Peoples...................................................................................82 3.2.3. Society of Peoples .....................................................................................................84 3.3. Conclusion ...................................................................................................................................88 CHAPTER FOUR ........................................................................................................................................91 The Principles of the Law of Peoples...........................................................................................................91 4.1. PRINCIPLES OF THE LAW OF NATIONS IN “A THEORY OF JUSTICE” .......................................93 4.2. THE PRINCIPLES OF THE LAW OF PEOPLES IN “THE LAW OF PEOPLES” ................................94 4.2.1. Freedom and Independence......................................................................................96 4.2.2. Treaties and Undertakings.........................................................................................99 4.2.3. Equality ....................................................................................................................101 4.2.4. Non-intervention ......................................................................................................103 4.2.5. Self- defense............................................................................................................108 4.2.6. Human Rights ..........................................................................................................112 4.2.7. Conduct of War ........................................................................................................118 4.2.8. Assistance ...............................................................................................................121 4.3. CONCLUSION ................................................................................................................126 CHAPTER FIVE ........................................................................................................................................128 The Principles of The Law of Peoples: A Restatement..............................................................................128 5.1. ORIGINAL POSITION AND THE CIRCUMSTANCES OF JUSTICE.............................................129 5.2. PRESENTATION OF THE ALTERNATIVES...........................................................................136 5.3. ARGUMENT BY COMPARISON..........................................................................................149 CHAPTER SIX...........................................................................................................................................153 Non-Paternalistic Assistance: Principle of Solidarity..................................................................................153 6.1. CONCEPTUAL ANALYSIS OF SOLIDARITY .........................................................................154 6.1.1. Paternalism ...........................................................................................................156 6.1.2. The Counterfactuals..............................................................................................160 3 6.1.3. Issue –Oriented Assistance ..................................................................................163 6.2. FUNCTIONAL ANALYSIS OF SOLIDARITY ............................................................................164 6.3. CONCLUSION ..............................................................................................................167 CHAPTER SEVEN ....................................................................................................................................169 Conclusion.................................................................................................................................................169 APPENDIX ...............................................................................................................................................174 The Concept of Solidarity- Historical Approach .........................................................................................174 1. Solidarity as a Legal Obligation ...........................................................................................175 2. Solidarity in Religious Teachings..........................................................................................176 3. Solidarity in Sociology and Philosophy ..................................................................................179 3.1. Solidarity as a Principle of Social Cohesion ...............................................................179 3.2.Solidarity and Philosophy ............................................................................................180
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