Abstract
Focusing on the basic structure as the subject of justice has tended to lead theorists to make a choice: either there is no global basic structure and therefore obligations of justice remain domestic only (the statist position) or there is sufficient institutional basis at the global level to warrant affirming a basic structure global in scope, meaning that duties of justice must also be global (the cosmopolitan position). Recent literature, however, has pointed out that this might be a false choice between denying and asserting the existence of a global basic structure. There are two main claims that I make in this paper. First, I claim that on a Rawlsian understanding of the basic structure, justice does not require one before its demands arise, but rather that under certain conditions, justice can require that a basic structure be established as an essential part of fulfilling its demands. This has the benefit of not restricting the scope of justice to the domestic sphere. Thus, the second claim is about determining, from a practice-dependent, non-ideal starting point, what those “certain conditions” are. Specifically, I argue that when currently existing global institutions begin impacting on the freedom of individuals to interact against a fair backdrop and pervasively impact on life chances, then the demands of justice will arise and we will need to establish a global basic structure. This paper, then, also has implications for the ideal/non-ideal theory debate, because I argue that the best way to globalize the basic structure is to begin from a non-ideal starting point.Article first published online: 9 NOV 2015
Highlights
In this paper, I take as given that justice is a virtue of institutions, and that the “basic structure” is the subject or site of justice.1 The basic structure, in Rawlsian terms, is defined as “the way in which major social institutions fit together into one system, and how they assign fundamental rights and duties and shape the division of advantages that arise through social cooperation” (Rawls 2005: 258)
I propose that, beginning from a non-ideal starting point, we look at practices that give rise to the need for global justice, requiring the establishment of a global basic structure to fulfil its demands
Rawls gives two mutually supportive justifications for making the basic structure the subject of justice: the division of labour argument, which means that the principles of justice do not apply directly to individuals, and the pervasive impact justification, which argues that the basic structure is the subject of justice because of the profound effects it has on people’s life chances
Summary
I take as given that justice is a virtue of institutions, and that the “basic structure” is the subject or site of justice. The basic structure, in Rawlsian terms, is defined as “the way in which major social institutions fit together into one system, and how they assign fundamental rights and duties and shape the division of advantages that arise through social cooperation” (Rawls 2005: 258). I propose that, beginning from a non-ideal starting point, we look at practices that give rise to the need for global justice, requiring the establishment of a global basic structure to fulfil its demands. I propose that when currently existing global institutions begin impacting the freedom of individuals to interact against a fair backdrop and pervasively impact their life chances, the demands of justice will arise and we will need to establish a global basic structure. This conclusion has the added implication of suggesting that the starting point for theorizing about a global basic structure need not be ideal theory. I conclude that the demands of global justice arise due to problems with currently existing global institutions that limit the freedom of individuals to interact against a fair backdrop and pervasively impact their life chances
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