A segunda posição original: o contrato social aplicado à sociedade dos povos, segundo John Raws

Abstract

This thesis aims at investigating how Rawls’ contractualist theory, originally designed for liberal democratic societies, could be expanded to the society of peoples, which includes both liberal and non-liberal peoples. Similarities and discrepancies in applying John Rawls’ contractualist model at the domestic level (first application) and at the global level (second application) are herein pointed out. The main similarity assessed in this investigation lies in that, at both the levels at which Rawls’ theory of justice has been applied, the original position provides a framework for the just and reasonable conditions under which the parties, as rational representatives of citizens (at the first level), liberal peoples (second level, first use) and well-ordered liberal and decent non-liberal peoples (second level, second use), will be able to specify their terms of cooperation. One noteworthy discrepancy refers to the required adjustments made in the theory so that the model could be applied at the international level. Therefore, while the model itself may be considered universally applicable, its conclusions may not. The first application of the second original position does not pose significant conceptual difficulties, since it relates solely to liberal peoples. Real difficulties surface when Rawls asserts that the possibility of a real Society of Peoples encompassing all peoples does not require these to become liberal. A further difficulty lies in Rawls’ assertion that the same principles selected in the first application of the second original position can also be selected in the second application. In spite of that, the main criticisms against Rawls’ model do not seem to affect its internal framework. Instead, they refer to elements that are less stable when real conditions come to mind. While Rawls does not present his theory as a solution to mankind’s ills, as a realistically utopian theory it could be suitable in setting the grounds for an agreement between peoples.