Open Collections

The "legalist paradigm" and the resources for moral critique in international society

University of British Columbia

This thesis explores the "legalist paradigm," an important approach to the ethics of international relations, and addresses the question of whether the legalist paradigm has adequate resources for moral critique. Chapter One presents a synopsis of the legalist paradigm, drawing especially on the work of Robert Jackson, Michael Walzer, and Terry Nardin. The central contention of the legalist paradigm is that ethics in international relations should be worked out primarily in terms of the rights and duties of states in international society. Three key points of this approach are identified. First, states relate to each other within the normative order of international society. Second, respect for state sovereignty is connected to respect for human individuals. Third, international society is a "practical association" whose members are united not by common purposes or ideals, but by recognition of a common code of conduct that limits the actions states can take in pursuit of their individually-held purposes. Chapter Two focusses on an important criticism of this approach to international ethics: that given its commitment to the norms of international society, the legalist paradigm will find it difficult, if not impossible, to be critical of those normative standards themselves. This essay argues, on the contrary, that the legalist paradigm holds considerable resources for moral critique. Drawing on the theories of Michael Walzer and Jürgen Habermas, the possibilities for immanent critique from within the norms of international society are explored. The example of humanitarian intervention and the "responsibility to protect" illustrates how genuine moral transformation can occur through reinterpretation and revision within international society. Finally, even though the discourse of international society, like all moral discourse, strains toward universally valid norms, it cannot be replaced by the imagined discourse of a universal, moral point of view.

Text

2011-03-11

For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.

http://hdl.handle.net/2429/32357

Political Science

University of British Columbia

Graduate