Académique Documents
Professionnel Documents
Culture Documents
Samuel Moyn
Philosophy, which once seemed obsolete, lives on because the moment to realize
it was missed.
The Universal Declaration of Human Rights of 1948, with its provisions for
economic and social rights, was broadly ignored in its own time, even as it is idolized in
ours.1 The text came late in its own era, essentially as a tardy charter for or template of the
national welfarist project to which all North Atlantic states had already committed
themselves, after the rising expectations they generated through their wartime promises. The
number who understood the Universal Declaration as a basis for a more transnational and
international political arrangement or project, rather than one taking place in modular states,
was tiny. Essentially the new document registered a higher level of consensus than before (or
since) that nineteenth century classical liberal citizenship needed a serious revision. And
human rights provided an optional framework for that update, which in fact predominantly
this national welfarism became a global project, through its modular propagation. There
were internationalisms but not one that, like ours, involved the foundation of or significant
1
All this makes the centrality of human rights to our time surprising rather than
straightforward. And it seems clear that the meteoric rise in prominence of the Universal
Declaration since approximately 1970 has gone along with a transformation of our most
cherished projects. Now the document has become, not a belated and dispensable and
ignored charter for welfare states at home it was in its own time, but the basis of a new
especially one meant to attend to foreign atrocity and misrule. Most revealingly, in the work
of the leading NGOs in the field from their rise in the 1970s until very recently, economic
and social rights were simply left aside — in spite of their centrality to national welfarism —
Yet there is much debate about what to make of the coincidence of the scalar leap of
rights beyond national welfarism we often celebrate with the crisis of national welfarist
ideology we often deplore. For visions of cosmopolitan global justice have also surged, and
precisely in the “age of fracture,” as Daniel Rodgers’ already classic work on American
intellectual history has dubbed our time.3 So far there are two dominant positions to take in
response to this juxtaposition. One is apologetic: the coincidence is accidental, since two
phenomena can be historically concurrent without any more connection. The other, typically
Marxist, says that human rights are some of the sugar that has helped make the medicine of
so-called neoliberalism go down, and are causally implicated in its victories. This essay argues,
No doubt, international human rights have some normative value and practical uses,
but mainly when it comes to stigmatizing evil states, from totalitarians in the Soviet Union to
petty despots in Syria recently. But human rights have been a notable failure so far in posing
any opposition — let alone enacting it — to the economic developments they have been
2
forced to accompany across their own life span. Human rights have been powerless
bystanders to a victory of inequality but offered neither the source of a theoretical objection
or a practical opposition — even as they have become something like our sole vocabulary
for making ethically-inflected claims about political and especially global order. Even when it
comes to the economic and social entitlements the Universal Declaration proclaims, the
practical uses of human rights framework and movements seem disappointing, if not close
to nugatory, and entirely unrelated to any broader egalitarian agenda that the national
welfarist project not merely propounded, but took very far — relative both to the nineteenth
century, and to our time of escalating hierarchy between the wealthy and the rest both within
This essay turns to a small and peripheral domain within which to explore these
fateful and world-historical developments: I refer to philosophy, which saw the rise of so-
called “global justice” within Anglophone political thought. The main justification for this
focus is that global justice seems to present a strong counterexample to the above trends.
Self-styled “cosmopolitans” since the invention of liberal global justice in the 1970s made
the scalar move of the human rights revolution to the globe. But they have gone far further,
globalizing a fully egalitarian demand once associated with national welfarism — and not
merely economic and social rights — and claiming that our humanity is strong authority for
commitment to full-fledged social justice beyond borders. They hardly seem guilty of
exchanging the strong and expensive though restricted solidarity of citizens for the weak and
cheap though universal solidarity of humans. It turns out, however, that philosophers, too,
have been historical companions of the dynamics that have defined our times.
3
The invention of global justice in philosophy now seems an essential rupture in the
history of liberalism, in which its rights-based social contract — restricted in its early modern
and early 1970s forms to boundaried territories and peoples — became imaginably global.
Before then, it seems fair to say, liberalism had been strikingly statist and even nationalist in
The stereotypical presentation of the field’s origins and progress, I shall argue, is
radically incomplete. On that presentation, global justice emerged from internal criticism,
and correction from within, of John Rawls’s political theory in A Theory of Justice (1971). It
was born as friendly critics among his early followers burgeoned into a stampeding crowd
after Rawls finally presented his own disappointing picture of global politics in The Law of
Peoples (1993-99). At first just a few and then a great number of philosophers, the story goes,
boldly extended Rawls’ famous “difference principle” governing just distribution to the
global scale that he confusingly but consistently refused to give it. Thanks to this scalar leap
against Rawls’s predisposition, the rise of global justice heroically breached what Martha
Nussbaum (one of his dissatisfied students) called “the frontiers of justice.”6 In this
presentation, philosophers revealed the world as a realm of suffering and injustice as none
But it turns out that these philosophers were latecomers not pioneers – just as Rawls
had been with respect to national welfarism. What is now called global justice, understood as
from within Rawlsian precincts. But I shall argue that it did so only under the pressure of
schemes of global justice it was as much concerned to criticize as it was simply to move
beyond the hitherto constraining early geography of liberal visions of distribution. Especially
4
in the hands of the essential pioneer, Charles Beitz, global justice emerged in view of and
response to the countermodel known as the “New International Economic Order” (NIEO).
It was the main actual movement for global justice in the era, and nothing like it has since
To treat theory as a hydraulic replacement for lost practice is already to imply why
the events chronicled here matter. The vision of global justice Rawls’s followers have
brought to bear on human misery has remained essentially a scholarly movement, with little
or no impact on real world outcomes. In this, it is much like Rawls’s original thought itself,
with due allowance for early excitement that Rawls’s difference principle might extend the
welfarist generosity of the post-World War II age yet further, through constitutional
interpretation or other means. Tragically, A Theory of Justice proved the dusk, not the dawn, of
the national welfarism it belatedly translated into abstract premises. And where Rawls
offered an unintended elegy for the national welfarism of the postwar age, the invention of
global justice appeared precisely as that national welfarism began to be wrecked. If it fits in
the age of fracture, global justice does so because, even more than the international human
rights movement, it has proven no serious enemy of the historical victors of the age that
both inhabit. Returning to the inception of global justice is thus to revisit the scene of a
According to most theorists of global justice, cosmopolitanism took long and proved
hard to achieve against the millennial background of provincial moral conceptions. It was
family, tribe, and especially nation that crowded out the rare but precious insight into the
common humanity of all members of the species, and the rights they might enjoy on the
5
basis of their humanity alone. That unusual awareness accumulated slowly in a cosmopolitan
tradition, originating with the Stoics, revived by Immanuel Kant, and culminating in global
justice. But not only was this “tradition” a flimsy construction historically — in the final
analysis, the Stoics and Kant share little with each other, and less with today’s cosmopolitan
theorists of global justice. The older lineages were much more a construction of the school
itself as a usable philosophical past than they were the sources of its formation in the first
place. And their quickly routinized presentation masked two much more important historical
facts. One was that the claims based on human universalism had teemed in the annals of
history, jostling and competing to win followers: as Sheldon Pollock has put it, “There has
been not just one cosmopolitanism in history but several.”7 The other is that global justice
emerged much more recently, in specific geopolitical circumstances: the stimulus and target
of global justice was no parochial moral conception, but a very different, more short-term,
It was the Vietnam war that first roused American liberals working in philosophy
departments from the slumbers that excluded political thought for so long. Rawls had been
hard at work on A Theory of Justice for decades by then, but a large number of others were
mobilized — across all fields — as a result of the spectacular collapse of domestic consensus
around the Vietnam war that became especially visible in 1966-67.8 Rawls himself changed
Philosophy 173, his moral philosophy course, to incorporate new materials on war (notably
conscientious objection) in these years.9 These intellectual events, which suddenly brought
the world of war and massacre home to American philosophers, were undoubted departures,
but mainly for them, who were hardly the first globally to understand the questionable
morality of the American Cold War, or to criticize it on theoretical grounds. And the moral
6
philosophizing unleashed by the Vietnam war really did not lead to the immediate invention
of “global justice” — suggesting the need to search further into the era it opened.
Rather, there were two rapidly crystallizing geopolitical contexts in the immediate
aftermath of Rawls’s book in which the global approach to justice he had excluded suddenly
become imaginable. One was the food crisis of 1972-74, which became apparent just as the
Vietnam war was being wound down. Peter Singer’s famous paper on famine, which
appeared in the third issue of Philosophy and Public Affairs in spring 1972, originated in
reflections on the displacement and hunger following on the devastating cyclone and
successful independence bid in what became Bangladesh across the brutal years of 1970-72.
But this was mere prologue to the so-called “world food crisis” of the several years
thereafter that struck many places — including Bangladesh again in 1974, where a million
died.10 Singer’s paper sparked a considerable discussion in the several years that followed of
the moral implications of the worst sort of destitution in the world, especially when it
reached the depths of mass starvation.11 These events were one contributing factor in the
But there was a second more important cause: the NIEO’s challenge. For it was not
approach, for example, and much other debate about hunger and obligation — that proved
the real catalyst for the field.12 A focus on absolute destitution that made justice a matter of
charitable palliation (at least as a first step) simply seemed too narrow for several liberal
political theorists, who wanted to make the international system a topic of inquiry into just
social relations — as if it were possible to view the globe as just the sort of “basic structure”
that Rawls had seen open to just social relations in the state. It was here that the NIEO was
to matter so profoundly, for just as the world food crisis broke out, the global south also
7
became the source of an open and quite shocking revolt against prevailing global hierarchy.
And by the later 1970s, once the vivid memory of starving children had passed, the first
discussion generally became absorbed into the second discussion. As early as late 1976
Henry Shue was asserting that just food policy was inseparable from fundamental principles
of global justice, and Thomas Nagel argued similarly that “charity is not enough” since “the
ethical aspects” of the hunger are simply “part of the general problem of global economic
inequality.”13
specific conclusions about food policy, both Nagel and Shue cited an article that Charles
Beitz (1949-) published in Philosophy and Public Affairs in 1975, which anticipated the
in 1979 as Political Theory and International Relations.14 A peripheral graduate student in the
1970s, Beitz turned out to be of tremendous importance in the long run. According to his
Princeton friend Samuel Scheffler, at the time Beitz’s topic “was sometimes met with what I
fear may have seemed like a kind of polite condescension, for [it] struck most of us as a bit
peripheral to the main issues raised by Rawls’s theory.” But now it is apparent, he continues,
that Beitz “helped to invent a new subject, the subject of global justice, which is today one
of the most hotly debated areas within all of political philosophy.”15 Though he was only in
his twenties, global justice was “the house that Chuck built,” as surely as the normative
revolution in liberal political thought that Rawls sponsored is “the house that Jack built.”16
In retrospect, Beitz reported with excessive generosity that it was his main
undergraduate teacher at Colgate University, Huntington Terrell, who made the critical
8
moves. Terrell published almost nothing after his Harvard philosophy Ph.D. of 1956 but, in
Beitz’s memory, saw the internationalist failings of Rawls’s Theory of Justice when he read it in
manuscript on a Harvard leave year.17 On his return, Terrell assigned a draft of the book in
the course Beitz took in spring of 1970 as a college senior.18 Yet the mainline Protestant
internationalism out of which Terrell sprung — his father headed the Connecticut Baptist
Convention and Terrell held a Colgate chair named after mainline leader Harry Emerson
Fosdick — never seriously elaborated concerns with global distribution, and its long-term
focus on peace remained exclusive in Terrell’s own emphases during the Vietnam era.19
Indeed, Terrell’s pacifist leanings (his wife was a lifelong Quaker) led him to early
membership in the academic movement known as “peace studies,” and Beitz worked for
him the summer after his college graduation in an institute funded by the Institute for World
Beitz’s first publication was a coedited collection of readings based on this course
answering to the widespread feeling at the turn of the 1970s for a spiritual reorientation.
“Questions of war and peace,” Beitz wrote in the introduction, “are far more profound that
the traditional questions asked of international relations; they are bound up with the roles
that each individual must choose to play in the world, with his or her personal fate and
moral identity.”20 Soon after the course Beitz worked at the Institute for World Order with a
fellow student to generate a much broader guide for those whom the New Left and campus
activism had inspired to change the world, starting at home. Only a brief concluding section
of Beitz’s co-authored mass circulation “guide to living and working for social change,”
entitled Creating the Future, concerned global politics, itself barely focusing on distributive
justice. But it did denounce a global hierarchy in which “all good things flow to the north or
simply circulate within it.” Stating a “tenacious faith” in change from below, Beitz and his
9
co-author recommended that those longing for renovation engage in consciousness raising
and systemic criticism. “If you are somehow inclined to be a planner, and philosopher, a
visionary, a poet, see if the idea of global society is not worthy of your prolonged creative
energy.”21
And yet it may have been more significant that the book also registered the collapse
of the New Left in the few years after 1970 at a desperate moment when “the ebbing, not
the rising, of the tide of change” seemed to set the parameters for Beitz’s immediate
personal choices.22 Timing matters: his undergraduate experience initially led him to hope to
revive the new left, and Beitz did not turn to global justice until several years after. Beitz’s
decision to enroll at Princeton (after a brief stint at the University of Michigan) and his
choice to move away from radical Richard Falk on the faculty once there – even if he
embarked on his classic paper in Falk’s seminar – were most revealing. That it was
undertaken as a doctorate under liberals Thomas Scanlon and Dennis Thompson suggests
that global justice must be seen as much as a departure from the new social movements of
Indeed, there is clear evidence that it was certainly not Vietnam in its own right, but
post-Vietnam events, that counted most. In his inaugural article Beitz suddenly noted that
the “as too often diverted attention from more pressing distributive issues..”23 Beitz’s move
from a far more general and full spectrum engagement with the political situation of the time
to a philosophically rigorous approach less redolent of the popular idioms of the 1960s than
the professionalized framework of liberal political philosophy also bepoke a widespread need
to distinguish sane and defensible approaches from ones that were too eclectic, loose, or
global justice, and in particular as he watched the NIEO wax and wane.
10
The NIEO and Its Enemies: The Third World against Global Liberalism
In essence, the NIEO was a postcolonial revolt against North Atlantic geopolitical
and economic hegemony, established in the age of empire and ratified at World War II’s
close. The revolt emerged from the incubator of a United Nations grouping of
Development, which in turn gave rise to the Group of 77, movements given strength both
by the sheer number of new states after decolonization and the economic disturbances of
the early 1970s which temporarily opened the prospect – whether exciting or frightening
depended on who was asked -- of a fundamental remaking of world order. But it was the
brief role of OPEC in assisting calls for the NIEO in the years of the oil shock that damaged
North Atlantic industrial democracies that counted most. It both galvanized the movement
But in the end the NIEO’s basic proposals were fairly simple. Faced with the
inability of the postcolonial developmentalist state to launch quick growth on its own, the
NIEO hoped to empower national governments and the international system of governance
to assert sovereignty over natural resources and to restore equity to global wealth patterns
after centuries of extractive colonialism. Along the way, it demanded massive aid increases,
credit on favorable terms, and debt forgiveness. The crucial fact about the NIEO was that it
forces (including multinational corporations) would be made to serve the new nations rather
than vice versa. In the form of an alliance-based subaltern internationalism, the new order
also called for the reshaping of the existing hierarchy of governmental power in the world,
which — the alliance claimed — worsened or at least stabilized an economic order that
11
permanently disempowered the historically weak and immiserated the historically poor. Thus,
its plan for global justice did not supersede but rather presupposed nation-states or at any
rate postcolonial nation-states as both fora and agents of solidarity, especially when they
acted in concert.
The G-77 propounded its Declaration for the Establishment of a New International
Economic Order at a special session of the UN General Assembly in the spring of 1974.
With the intervening oil shock of late 1973 fresh in the mind, the developed world suddenly
paid extraordinary attention to the third world’s call for economic self-determination
now under the control of the nations to the south. “For the first time since Vasco de Gama,”
another much cited statement of the moment had it, “mastery over a fundamental decision
in a crucial area of the economic policy of the center countries escaped their grasp as certain
peripheral countries wrested it from them.”25 In a famous line, French president Valéry
Giscard d’Estaing mordantly described OPEC’s quadrupling of oil prices as “the revenge on
Europe for the nineteenth century.”26 As for the NIEO’s even bolder call to “correct
inequalities and redress existing injustices, making it possible to eliminate the widening gap
between all the developed and the developing countries,” both politicians and academics
responded with worry.27 For the following two years, before the alliance between oil-
producing states and the rest of the G-77 proved flimsy and the North Atlantic industrial
democracies weathered the storm, it seemed genuinely plausible to many an observer that a
major transformation in world politics was in the offing. “A conflict between two worlds —
one rich, one poor — is developing,” Time magazine remarked in late 1975, “and the
battlefield is the globe itself.”28 It is surprising that this once notable set of events is now
almost totally forgotten – and it seems to be unknown among those who have entered the
12
field of global justice since the Cold War. After all, the field began as an attempt to justify
In a sense, what the Vietnam war was to liberal political philosophy generally, the oil
shock was to global justice particularly: the sensitizing event — or rude awakening — that
precipitated a change in consciousness and academic field. In any case, the fleeting but the
pertinence of the NIEO occurred precisely when Beitz first turned to invent “global justice,”
and for this reason the first uncorrected version of it bears close scrutiny.
contractarian political theory in Rawls’s Theory of Justice. But it always takes an individual to
notice, and Beitz played this role. For all the innovative aspects of the book that proved the
swansong of national welfarism in the United States, Rawls’s text took up a surprisingly
conventional picture of international affairs. Now it seems troubling that Rawls assumed that
as its parties lost their classes, bodies (including genders), and cultures, the national units of
the historical world persisted in the famous “original position” from which Rawls derived his
principles of justice. But if nothing else it is an illuminating testament to the staying power of
A few others before Beitz had noticed the implausibility of postponing world affairs,
minimal principles of world order. (Along with the fundamental treaty principle of pacta sunt
servanda, these allowed the use of force for the sake of self-defense but prohibited aggression
and constrained means of warfare -- principles that Rawls later supplemented in The Law of
13
Peoples by allowing humanitarian intervention given the existence of what he called “outlaw
states” in non-ideal circumstances.)29 Beitz offered a serious criticism of Rawls’s rationale for
what Rawls termed “ideal theory.” It is of great interest that the criticism did not turn on the
role of a prior violent history (including colonialism, whose role the NIEO emphasized) in
producing the peoples and boundaries that are morally arbitrary from the perspective of
cosmopolitan universalism. Instead, Beitz targeted Rawls’s assumption that each nation was
self-sufficient enough to be treated separately analytically and have its own contract (and then
In response, Beitz made two main arguments. First, the unequal distribution of
natural resources worldwide forbade the simplification of treating global justice as a second-
stage problem. Second, and more boldly, Beitz claimed that it was simply false empirically to
suppose that it was possible to disentangle states, especially for the purposes of a contract
economic “interdependence.” Beitz argued that no one familiar with the empirical situation
of the world in the 1970s — or at least the new perceptions of interdependence then —
could conclude that entering separate state-based ventures in social justice was possible at all.
“If evidence of global economic and political interdependence shows the existence of a
global scheme of social cooperation,” Beitz affirmed, “we should not view national
proceeding directly to state-based contracts having failed, a global bargain would take place,
with Rawls’s difference principle applying to world economic hierarchy. “The state-centered
image of the world has lost its normative relevance because of the rise of global economic
14
interdependence,” Beitz concluded. “Principles of distributive justice must apply in the first
While Beitz soon called his alternative “cosmopolitan,” he also effectively admitted
that both his argument about natural resources and about the impossibility of analytical
isolation of nations in a global economy followed much more from contemporary sources
than from Kant’s (or anyone else’s) texts in the philosophical tradition.32 For my purposes
inferences — before turning to how those assumptions changed slightly but revealingly as
response to Rawls’s account, the NIEO’s exceptional salience affected the account in an
interesting way. In 1975, Beitz treated the NIEO principles as normatively flawed but
potentially justifiable for the moment. Given its goal of radicalizing the principle of national
sovereignty by extending it to local resources rather than undermining it for the sake of states
with the bad luck of poorly endowed territory, the NIEO’s arrogation of economic
sovereignty, Beitz wrote, seemed “prima facie unjust.” All the same, Beitz allowed, this
conclusion about the NIEO’s natural resources principle was mitigated; though asserted
across the board and for all time, its true purpose, Beitz recognized, was local and
footnote in which Beitz first engaged the NIEO indicated that in 1975 he thought it could
be shown that developed countries had so pillaged the third world for resources that
15
justifiable. But Beitz already criticized the NIEO’s “extreme” assertion of permanent
Yet Beitz’s acknowledgment of the reason the NIEO asserted permanent sovereignty
— as part of a search for larger corrective mechanisms for global hierarchy — went far
Strikingly, Beitz clearly indicted the preeminent role of multinational corporations which,
along with prevailing trade rules, created a dynamic in which “value created in one society
(usually poor) is used to benefit members of other societies (usually rich).”34 Even more
revealingly, Beitz relied on dependency economics (the school of thought most closely
associated with UNCTAD and its sequels) to conclude that “poor countries’ economic
relations with the rich have actually worsened economic conditions among the poor.” It was
in view of these facts, Beitz emphatically concluded, that “Rawls’s passing concern for the
law of nations seems to miss the point of international justice altogether.”35 Though Beitz
never directly answered his opening question in the article, whether “efforts at large-scale
institutional reform” for which the NIEO called were justified, his conclusion sounded close
to affirmative: “The duty to secure just institutions where none exist endows certain political
claims made in the nonideal world with moral seriousness… When the contract doctrine is
interpreted globally, the claims of the less advantaged in today’s non-ideal world — claims
principally for food aid, development assistance, and world monetary and trade reform —
Like his article, Beitz’s Political Theory and International Relations of four years later —
though mostly written by 1976 it underwent two rounds of revision before publication —
16
began its discussion of international distributive justice with an epigraph from the NIEO
Declaration stressing interdependence.37 But much transpired as Beitz finalized his account.
For one thing the human rights revolution, associated with though not singlehandedly
caused by Jimmy Carter’s election to the American presidency, intervened. Where Rawls had
not used the phrase “human rights” in A Theory of Justice, after 1977 his followers
immediately began to do so.38 More important, the high tide of the NIEO in the context of
which Beitz first imagined a global social contract in 1973-75 passed. While faithful to both
of his original arguments, Beitz worked to present them much more clearly as an alternative to
Beitz now turned to a fascinating indictment of what he called “the morality of states”
central to NIEO ideology. In his original article, Beitz appended a passage referring to a
interference with Salvador Allende’s Chilean experiment. He also suggested that global
justice provided reasons that Rawls’s non-interventionist approach could not for the
determination.39 Beitz’s mature text, however, took as its central purpose not simply the
unworkable alternative. After all, Beitz wrote, “it is the interests of persons that are
principles only to the extent they are derived from the interests of persons.”40
Not only did Beitz reject the premise of the autonomy of states as a moral matter
with the principle of self-determination that had made its way through UN history into the
NIEO declarations. Vague in exactly what its rejection of colonialism entailed, Beitz
17
concluded, the principle of self-determination survived philosophical scrutiny only as “a
means for promoting conformity with principles that would be agreed to in a hypothetical
social contract… Self-determination is the means to the end of social justice.” And this
meant if it cut against empires, and South African apartheid, it was because it cut against any
claim of non-intervention supporting unjust regimes, including potentially the new states
Beitz observed, “there is no assurance that successor governments will be any more
The addition of these materials as a preliminary to a case for the rule of globally
scaled principles of social (including distributive) justice not only differed starkly from the
still statist premises of the NIEO; it reflected a widespread feeling in the West, crystallizing
at just this moment, that postcolonial self-determination claims had gone too far and
provided insufficient foundations for global order. I have no specific evidence to show this
feature of Beitz’s argument was precipitated in response to the NIEO specifically, but it did
fit perfectly in the turn against third-world nationalism that marked the human rights
revolution as deeply as any other factor. As Arthur Schlesinger, Jr. put it in 1977, the
breakthrough year for human rights, “states may meet all the criteria of national self-
determination and still be blots on the planet. Human rights is the way of reaching the
Even more significant was Beitz’s evolution with respect to dependency economics
interdependence in his case for a global original position, Beitz updated his reference to the
literature but also departed subtly from his earlier empirical assumptions. Now Beitz offered
a much less emphatic diagnosis about the role of multinational corporations in promoting
18
global misery. And he detached his account from his reliance a few years before on the
radical economics that afforded the NIEO intellectual underpinnings.43 In his discussion of
“economic self-determination” central to the NIEO (and to which he relocated the relevant
charges as empirically controversial. He now argued that, from a normative perspective, the
crucial step was to shift to a new framework in which it was not disempowerment of
collective state economies but violations of individual rights that mattered. “It is especially
unfortunate,” Beitz wrote, “that criticisms of dependence have been framed in terms of
deprivation of national autonomy.” To be clear, Beitz’s essential point was that not so much
that the worst allegations of dependency theory were false, though he certainly now detached
himself from his clear allegiance to them before. Rather, it was that, even if they were true, it
would make more philosophical sense to articulate them as violations of individual rights
rather than state prerogatives. After all, “the objectionable features of dependence —like
observers of the NIEO like Robert W. Tucker who worried that liberal elites were betraying
the national interest and Western hegemony out of good-hearted humanitarian sentiment
“a necessary truth that needs no defense,” Tucker stormed angrily, was “something that was
foreign to men’s imagination prior to the postwar period … The material issue is not
whether any modern social ethics could pretend to provide enduring justification of existing
inequality in international income distribution, but whether there is any modern social ethic
that has sought seriously to justify income redistribution beyond the confines of the state. In
19
this regard, it is perhaps significant that the most widely discussed ‘theory of justice’ to
appear in the West in many years has scarcely a word to say on the subject.”45 Yet in
breaking with statism that, even in Rawls, had shortly before been the conventional wisdom,
abstract principle the argument that critics of the NIEO like Tucker offered when they
insisted that the alliance’s first and foremost goal was to achieve geopolitical change in the realm
In another stormy passage, for example, Tucker wrote: “However the state system is
defined that is held responsible for present global inequalities of wealth and power, it is not
the state system per se that is condemned. On the contrary, it is primarily through the
institution of the state — and, of course, cooperation among the new states — that the
unjust inequalities.”46 Where Tucker inferred from this point that calls for global welfare
concealed a dangerous power play under the mask of high principle, Beitz took from it the
need to replace the NIEO’s call for interstate equity with one for interpersonal equity. For Tucker,
“a new international hierarchy is not to be mistaken for the disappearance of hierarchy; and a
global redistribution of income and wealth is not to be equated with a ‘new beginning’ in
history if this redistribution is largely effected by, and in the name of, states.”47 For his part,
Beitz wrote in an especially clear formulation in a related essay, “The effect of shifting from
a statist to a cosmopolitan point of view is to open up the state to external moral assessment
(and, perhaps, political interference) and to understand persons, rather than states, as the
ultimate subjects of international morality.”48 The respective doubts about states claiming
moral equity (and presumably the collusion of subaltern states the NIEO involved) clearly
20
To be clear, there is nothing about Beitz’s work that forbade the normative validity
of a state-based order; but it did change the rationale for it, reducing states to intermediaries,
with no moral standing in themselves, between global principles and deserving individuals.
In his book and later, Beitz made absolutely clear that the persistence of an interstate rather
than global organization might institutionally satisfy global justice.49 And when he turned in
Political Theory and International Relations to spell out more fully the implications of the
normative move above states for the world as it stood, the results were (as in Rawls’
domestic setting) familiar in policy terms, however revolutionary compared to existing reality.
As a normative thinker, Beitz was primarily committed to a novelty and rigor in the way he
reached his call for foreign aid as an obligation of justice rather than charity. But the
subaltern internationalism of the NIEO had no role in Beitz’s global justice, which generally
As late as 1981 — two years before the global debt crisis that would definitively
undo its dreams — the NIEO still elicited some sympathy from Beitz within severe limits.50
growth would prove most important.51 Beitz ruefully concluded that “massive cash transfers
may succeed only in removing incentives for increasing indigenous food production, and
even institutional reforms like those of the New International Economic Order may only
reinforce the structural inequalities found in many poor societies.”52 In his rejection of its
state-based ethics and its plans for institutional reimagination of the world order alike, Beitz
had moved rather definitively beyond the NIEO to secure the moral stature of individuals in
a global economic order — thereby inventing a school of thought which may make a
difference someday.53
21
Conclusion
Initially an American invention, global justice appeared not merely against the
— a configuration that has not figured prominently in global theory and practice since. As if
the NIEO had never been, the main conceptual alternative to global justice in today’s
academy, in the work of David Miller, Michael Walzer, and others, has remained a defense
of the moral relevance of states generally (rather than poor states specifically either on their
own or in alliance).54 Surveys of the field unfailingly report a dichotomy of “statism” and
“cosmopolitanism” as if the latter had not been born rebutting an alternative version of
global justice combining a commitment to state prerogatives with a demand for global
reordering.
A recovery of the prominence of the NIEO in the origins of global justice poses the
welfarism has followed in compensation. A causal rather than conjunctural thesis about the
relationship of human rights and so-called neoliberalism might well start with their shared
individualism and antistatism, which unites them in their historical companionship across an
otherwise significant divide. (And it is also true that early neoliberals, indeed far more so
than their Doppelgänger cosmopolitans, targeted the NIEO for wrath and destruction.)55 But it
seems to me that it was really the failure of global justice to theorize the conditions of its
own historical origins and future enactment that marked and marks it out most clearly for
the fate to which it has been condemned so far of mutely witnessing reversals in our
progress towards the very ideals it announces (with some notable exceptions at the global
22
Consider, to begin with, that global justice emerged as a Rawlsian reinterpretation of
an already extant political project, not an exercise in unworldly dreaming. Its initial
prescriptive outcomes were simply NIEO’s program, and if they had not been supplied from
the outside there would have been nothing to normatively justify in Rawlsian terms in the
first place. It mattered greatly that Beitz was one of the few Rawlsians then or since trained
not solely as a philosopher but also — actually mainly — in political science and
international relations and exquisitely aware of then contemporary realities, the NIEO first
of all. There is a great deal to say about the relationship between abstract normative
theorizing and enacted political agendas, but it does seem incontestable that without the
NIEO global justice would not have come into being, at least not at the time and possibly
Second and more important, it is crucial to reckon with the fact that after its
invention as a body of pure normativity, global justice saw history make a mockery of its
egalitarian demands. Of course, the same is true of the difference principle within national
welfare states, with Beitz, like Rawls himself, looking as if they planned on opening a new era
when they actually let loose an owl of Minerva on partial achievements their thought has
apparently done nothing to extend. Indeed, our theories of justice and global justice alike
were announced precisely when the difference principle, though still utopian, were in some
respects much closer to a reality both within states and on the world stage than after that
One response to the tragic fate of these philosophers is simply to conclude that it
was not their fault if, just at the moment they hit on the best available justificatory principles
for distribution locally and globally, history went the other way — and rather dramatically so.
23
But it seems fair to wonder if the relationship between normative claims and historical
projects matters far more than they have been generally willing to acknowledge or consider.
One reason that loss of national welfarism has been felt less acutely is that, even as
expensive local solidarity fissured from within, new horizons opened for an aspirational but
ineffectual global solidarity. The career of global justice has been one marker of this
development, and the one that chiefly matters within the prestigious circles of professional
philosophy. In this light, Beitz’s criticism of the NIEO seems especially troubling because it
does not seem like better agents than the subaltern states themselves have since appeared on
the scene.
Rawls’s dissident students aiming at global justice have been companions of market
invention of the field — that neglects not only the formative conditions of their own
thought but especially those for its prospective institutionalization. For not only have
theories of global justice generally failed since the NIEO to assist any movement to resist the
real victory of galloping local and global inequities. More important, it is hard to imagine that
either individualist norms on paper, or the sort of human rights regime and advocacy so far
developed, can provide the sort of agency for the structural reform that inequality makes so
plainly necessary. Where decolonization changed the world, and the NIEO called for
completing that reform, so far global justice seems ineffective, as if its promise of happiness
were a merely theoretical alternative produced out of the world-historical dynamics that have
left any practical ones unavailable — at least for now. Perhaps, then, we need another form
of thought than contemporary normative theory provides, and another form of politics than
human rights, for all their contributions, have brought to the world in defining our time so
deeply.
24
Beitz himself understood the challenge concerning agency that the NIEO posed; but
while he also characteristically insisted on a relevant kind of political theory, he must have
also concluded that the sort of intellectual activity he could defend offered normative criteria
alone, even though it was perfectly clear to him too that the actualization of ethical principle
depended on the world of power: “A complete analysis of the prospects for the NIEO
would end in an area that may be quite unexpected: in the domestic politics and economic
structures of the rich countries,” he concluded realistically in 1981, having seen the NIEO’s
challenge quickly contained. “The real dilemma, and ultimate uncertainty, of global
egalitarianism is whether a political coalition can be mobilized within the rich countries for
completing the picture of which NIEO is only a partial outline. It is hard to be optimistic
about the prospects.”56 It still is, as the age of human rights — and global justice —
continues.
Notes
This essay was presented as the Cyril Foster Lecture in International Relations for 2013 at
1
the University of Oxford. I am grateful to James Kloppenberg for help. Sanford Diehl provided
extraordinary research support for this project that went so far beyond the norm that he helped me
not simply gather materials but verify my conclusions about them.
2 These claims are defended in Samuel Moyn, The Last Utopia: Human Rights in History
(Cambridge, Mass., 2010), esp. chap. 2, as well as “The Universal Declaration of Human Rights of
1948 in the History of Cosmopolitanism,” Critical Inquiry 40, no. 4 (Summer 2014): 365-84.
3 Daniel Rodgers, Age of Fracture (Cambridge, Mass., 2011).
4 For discussion of the literature in these terms, see my “A Powerless Companion: Human
Rights in the Age of Neoliberalism,” Law and Contemporary Problems 77 (2014): 101-24.
5 This essay thus concurs with Duncan Kelly’s examination elsewhere in this volume of how
statist and nationalist liberalism has been in modern history until recently. It is true that there was one
German baron who may have imagined a global social contract during the French Revolution; and he
made a serious impact on American culture at the very least in the form of Herman Melville’s Moby-
Dick, where the motley humanity assembled on shipboard is designated an “Anarcharsis Clootz
deputation from … all the ends of the earth, accompanying Old Ahab in the Pequod to lay the
world’s grievances before [the] bar.” Herman Melville, Moby-Dick; or, The Whale (New York, 2001),
132.
25
Martha Nussbaum, The Frontiers of Justice: Disability, Nationality, Species Membership
6
Premodern India (Berkeley, 2006), 280. See also Carol A. Breckinridge et al., eds., Cosmopolitanism
(Raleigh, 2002), in which Pollock’s chapter provides a brief overview of his theses.
8 For brilliant detail, see Katrina Forrester, “Citizenship, War, and the Origins of
International Ethics in American Political Philosophy, 1960-1975,” Historical Journal 57, no. 3
(September 2014): 773-801.
9 Papers of John Rawls, Harvard University Archives, Box 34, Folders 5-14, Lectures on the
1975; Herbert Marx, ed., The World Food Crisis (New York, 1975); Sayed Marei, ed., The World Food
Crisis (London, 1976, 1978); and esp. Christian Gerlach, “Die Welternährungskrise 1972-1975,”
Geschichte und Gesellschaft 31, no. 4 (October 2005): 546-85.
11 Peter Singer, “Famine, Affluence, and Morality,” Philosophy and Public Affairs 1, no. 3
273-92, and later O’Neill, Faces of Hunger: An Essay on Poverty, Justice, and Development (Boston, 1986).
13 Henry Shue, “Food, Population, and Wealth: Toward Principles of Global Justice” (paper
delivered in September 1976 at the American Political Science Association), Proceedings of the American
Political Science Association (1977); Thomas Nagel, “Poverty and Food: Why Charity Is Not Enough,”
in Peter G. Brown and Henry Shue, eds., Food Policy: The Responsibility of the United States in the Life and
Death Choices (New York, 1977), 54.
14 Charles R. Beitz, “Justice and International Relations,” Philosophy and Public Affairs 4, no. 4
(Summer 1975): 360-89; Beitz, Political Theory and International Relations (Princeton, 1979). I am
exceptionally grateful to Chuck Beitz for several conversations (and factual corrections).
15 Samuel Scheffler, “The Idea of Global Justice: A Progress Report,” Harvard Review of
Beitz,” Review of International Studies 31, no. 2 (March 2005), 371-79; Anthony Simon Laden, “The
House that Jack Built: Thirty Years of Reading Rawls,” Ethics, 113, 2 (January 2003): 367-90.
17 Rawls thanks Terrell for multiple rounds of response in A Theory of Justice (Cambridge,
19 This remark is not meant to forestall further work on the topic, only to doubt that
Terrell’s roots in mainline Protestantism are helpful in understanding Beitz’s activities later. See
David Hollinger, After Cloven Tongues of Fire: Protestant Liberalism in Modern American History (Princeton,
2013).
20 Beitz and Theodore Herman, eds., Peace and War (San Francisco, 1973), xi.
21 Beitz and Michael Washburn, Creating the Future: A Guide to Living and Working for Social
24 See Giuliano Garavini, “Completing Decolonization: The 1973 ‘Oil Shock’ and the
Struggle for Economic Rights,” International History Review 33, no. 3 (2011), 473-487 and esp. Vanessa
Ogle, “The ‘New International Economic Order’ at the United Nations: The Struggle over Aid,
26
Trade, and Foreign Investment, 1962-1981,” Humanity 5, no. 2 (Summer 2014): 211-34. In broader
context, see John and Richard Toye, The UN and Global Political Economy: Trade, Finance, and
Development (Bloomington, 2004), chaps. 8-10 and Mark Mazower, Governing the World: The History of an
Idea (New York, 2012), chap. 12. In a committed vein, see Vijay Prashad, The Poorer Nations: A Possible
History of the Global South (New York, 2012). For unvarnished critical analysis, see Stephen D.
Krasner, Structural Conflict: The Third World against Global Liberalism (Berkeley, 1985).
25 What Now: Another Development (The 1975 Dag Hammerskjöld Report) (New York, 1975), 6.
26 Flora Lewis, “Giscard Asserts World Is In Grip of Fiscal Crisis,” New York Times, October
25, 1974.
27 See Branislav Gorovic and John Gerard Ruggie, “Origins and Evolution of the Concept,”
International Social Science Journal 28, no. 4 (1976): 639-46; Jagdish N. Bhagwati, The New International
Economic Order: The North-South Debate (Cambridge, Mass., 1977); Karl P. Sauvant and Hajo
Hasenpflug, The New International Economic Order: Confrontation or Cooperation between North and South?
(Boulder, 1977) — the leading edge of a much larger responsive literature into the next decade.
28 Cited in Mazower, Governing the World, 299.
29 See Rawls, A Theory of Justice, 7-8, 115, 336, 378-79, and The Law of Peoples (Cambridge,
Mass., 1999). See Rawls Papers, Box 14, Folder 2, for Beitz’s commentary on a draft of the latter and
their ensuing correspondence. See also Beitz, “Rawls’ Law of Peoples,” Ethics 110, no. 4 (July 2000):
669-96.
30 There are four responses of which I am aware, but all were in the nature of passing
comments or brief discussions: Brian Barry, The Liberal Theory of Justice: A Critical Examination of the
Principal Doctrines in “A Theory of Justice” by John Rawls (Oxford, 1973), 128-33; Seyom Brown, New
Forces in World Politics (Washington, 1974), 206; Peter Danielson, “Theories, Intuitions, and the
Problem of World-Wide Distributive Justice,” Philosophy of the Social Sciences 3 (1973): 331-40; and
Thomas M. Scanlon, Jr., “Rawls’ Theory of Justice,” University of Pennsylvania Law Review 121, no. 5
(May 1973): 1020-69 at 1066-67.
31 Beitz, “Justice,” 376, 383.
the Definitive Articles of Kant’s Perpetual Peace,” Beitz wrote, before moving on to criticize that
theory. Ibid., 366. He also alluded to others like Christian Wolff whose civitas maxima imposed statist
limits Beitz hoped to overcome. Ibid., 372n, updated in Political Theory, 143n. It is true that Beitz cited
a separate passage in The Metaphysical Elements of Justice concerning international economics, but it
would be wrong to say that Kant got very far in this respect. Beitz, “Justice,” 366, 373. On Kant’s
deeply statist cosmopolitanism, see now Pauline Kleingeld, Kant and Cosmopolitanism: The Philosophical
Ideal of World Citizenship (Cambridge, 2011), esp. chap. 5 on economics.
33 Beitz, “Justice,” 371 and n.
34 Ibid., 373.
36 Ibid., 385.
38 See Moyn, The Last Utopia, 214-16. Like his teacher Scanlon, whom I emphasize there,
Beitz also participated with his University of Maryland working paper of November 1977 published
as “Human Rights and Social Justice,” in Peter G. Brown and Douglas MacLean, Human Rights and
U.S. Foreign Policy (Lexington, 1979) (arguing for supplementing the overwhelming focus in the
human rights revolution on personal rights with attention to economic rights).
39 Beitz, “Justice,” 387.
27
Ibid., 99, 104, 102. By comparison, Richard Falk, for whose seminar Beitz had first
41
embarked on his project, signed on enthusiastically to the self-determination claims climaxing in the
NIEO of the era. See, e.g., Falk, “La Déclaration d’Alger et la lutte pour les droits de l’homme,” in
Antonio Cassese and Edmond Jouvé, eds., Pour un droit des peuples (Paris, 1978).
42 Arthur Schlesinger, Jr., “Human Rights: How Far, How Fast?,” Wall Street Journal, March
4, 1977; and, for the larger picture, Moyn, The Last Utopia, chap. 3, as well as now Brad Simpson,
“The United States and the Curious History of Self-Determination,” Diplomatic History 36, no. 4
(September 2012): 675-94.
43 The above passage about the effect of multinational corporations in making rich nations
richer was dropped in favor of a rosier account, notably with respect to growth and efficiency due to
foreign investment. Compare Beitz, “Justice,” 373 and n with Beitz, Political Theory, 145 and esp. nn.
For radical economics, compare the subtle differences between Beitz, “Justice,” 375n and Beitz,
Political Theory, 150n; cf. 116-19. For good and more explicit evidence of “egalitarianism” as a
theoretical framework intended as an alternative to “dependency,” see Beitz’s more popular essay,
“Global Egalitarianism,” Dissent 26, no. 1 (January 1979): 61-64.
44 Beitz, Political Theory, 119, 120.
45 Robert W. Tucker, The Inequality of Nations (New York, 1977), 139. See earlier Tucker, “A
New International Order?,” Commentary, February 1975 and “Egalitarianism and International
Politics,” Commentary, September 1975.
46 Tucker, Inequality, 64.
47 Ibid., 117.
48 Beitz, “Bounded Morality: Justice and the State in World Politics,” International Organization
50 See Beitz, “Global Egalitarianism,” 64-67, for a rich and balanced discussion.
51 Beitz, Political Theory, 172-75, influenced on the last point by W. Arthur Lewis, The Evolution
53 In 1981, in an article reviving considerations from his dissertation but excised from the
book, Beitz concluded that “it is clear that international redistribution” along the lines of his theory
“is not in prospect. For the foreseeable future, the poor societies must operate with the expectation
that foreign contributions to domestic welfare will be marginal at best.” Beitz, “Economic Rights and
Distributive Justice in Developing Societies,” World Politics 33, no. 3 (April 1981): 323.
54 See, e.g., in response to Beitz, Michael Walzer, “The Moral Standing of States: A Response
to Four Critics,” Philosophy and Public Affairs 9, no. 3 (Spring 1980): 209-29 and David Miller,
“Defending Political Autonomy: A Discussion of Charles Beitz,” Review of International Studies 31, no.
2 (March 2005): 381-88, both pursuing the defense of the nation-state of their larger corpora. A new
edition of Beitz’s book in 1999 includes a new afterword that among other things engages Walzer’s
argument, to which he had initially responded in the following issue of Philosophy and Public Affairs. A
more recent tendency is to compromise between cosmopolitanism and statism in the work of
Michael Blake, Mathias Risse, and many others.
55 Jennifer Bair, “Taking Aim at the New International Economic Order,” in Philip Mirowski
and Dieter Plehwe, eds., The Road from Mont Pelerin: The Making of the Neoliberal Thought Collective
(Cambridge, Mass., 2009).
56 Beitz, “Global Egalitarianism,” 68.
28