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and nations and who are alive to reasoning only when it is conducted
within these terms. They think that Sittlichkeitcannot be assumed away:
it provides the context and the horizon of ethical reasoning and there is
both peril and impotence in pretending otherwise.
These criticisms of deontological liberalism have not been ignored
by leading liberal thinkers. Rawls in particular has challenged his critics'
reading of his work. They have read A Theoryof Justice as advocating
principles that would be chosen rationally under fair procedures, where
fairness is defined by (a certain sort of) abstraction from actual social
conditions. They take it that Rawls is committed to universal and invariant
principles (at least for "circumstances of justice").
In the 1980 Dewey lectures, "Kantian Constructivism in Moral Theory," and in his 1985 "Justice as Fairness: Political Not Metaphysical,"7
Rawls emphasizes a different articulation of his work. He seeks to avoid
"claims to universal truth or about the essential nature and identity of
persons"8 and states, "Justice as fairness is a political conception ofjustice
because it starts from within a certain political tradition."9 He thinks this
unavoidable if political theorizing is to convince: 'justification is addressed
to others who disagree with us, and therefore it must always proceed
from some consensus, that is, from premises that we and others publicly
recognise as true."l0 The conception of the person on which his argument
rests is not the abstract individualism with which Sandel and others have
charged him, but the conception of persons as citizens11 of a modern
democratic polity, who (while they may disagree about the good)'2 accept
the original position as a "device of representation" 13 that accurately
captures their ideal of a fair system of cooperation between citizens who
so disagree. Far from deriving a justification of democratic citizenship
from metaphysical foundations, Rawls invites us to read A TheoryofJustice
as providing a recursive vindication of those principles ofjustice we would
acknowledge if we drew deeply on our underlying conceptions of free
and equal citizenship. The vindication of justice is not to be seen as
addressing others who, unlike 'us,' do not start with such ideals of citizenship; it has nothing to say to those others.
Rawls is not, of course, aiming to vindicate a conception of justice
by embedding it in the Sittlichkeitof a particular community. However,
he denies that justice can be vindicated in complete abstraction from the
7. John Rawls, "Kantian Constructivism in Moral Theory," Journal of Philosophy 77
(1980): 515-72, and "Justice as Fairness: Political Not Metaphysical," Philosophyand Public
Affairs 14 (1985): 223-51.
8. Rawls, "Justice as Fariness," p. 223. Compare comments in Charles Beitz, "Cosmopolitan Ideals and National Sentiment,"Journal of Philosophy80 (1983): 591-600.
9. Rawls, "Justice as Fairness," p. 225.
10. Ibid., p. 229.
11. Ibid., p. 234.
12. Ibid., pp. 245 ff.
13. Ibid., p. 236.
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citizenship may seem quite beside the point to those who do not think
of themselves or of (certain or all) others as citizens. Rawls's particular
principles of justice will also be rejected by those whose political vision
incorporates a more determinate image of citizenship that cannot be
16 The audience who will take seriously
combined with diverse Sittlichkeiten.
the liberal principles of justice that Rawlsian citizens would choose will
be restricted. Rawlsian principles ofjustice will provide no basis for communicating criticisms of their political institutions or practices to nonliberal
societies, whether in South Africa or in Eastern Europe, unless the members
of those societies share 'our' conceptions of citizenship and of fair procedures of cooperation.'7
The internationalist commitments and implications of liberalism are
damaged if they are vindicated by reference to an aspect of the Sittlichkeit
of a specific tradition. When claims to universal scope are (supposedly)
vindicated in terms that could not be made universally accessible, liberal
internationalism is uncomfortably based on intellectual imperialism. The
uses to which liberal thought is put by critics of apartheid or by Amnesty
International or by the human rights movement cannot convince those
whom they criticize if liberal thinking has no vindication that stretches
beyond the boundaries of 'our' shared conception of citizenship. Those
who inhabit social and political traditions that cannot be used to articulate
a liberal conception of justice cannot appeal to that conception. Those
whose liberal traditions allow arguments for liberal principles of justice
cannot impose these principles on others without embracing forms of
(at least ideological) imperialism or paternalism that liberalism itself shuns.
Burke criticized the revolutionaries of France for appealing to abstract
rights, rather than to the determinate historical rights and liberties of
Frenchmen; liberalism that is grounded in Sittlichkeitmust echo Burke
and eschew claims about international justice. Liberalism that renounces
claims to travel will seem pretty harmless to many illiberal regimes.
ABSTRACTION, IDEALIZATION, AND ETHICAL PLURALISM
Many liberals will be reluctant either to shed their internationalist aspirations or to justify them in terms of premises that are accepted only
within certain boundaries. They will look for ways to meet or avoid the
16. Compare Rousseau's vision of citizens who are "not only free but fit to be free"
because they share "those austere morals and that noble courage" which can emerge only
in "a happy and peaceful commonwealth of which the history was lost, so to speak, in the
darkness of time" (Jean-Jacques Rousseau, "Discourse on the Origins of Inequality," in
A Discourse on Inequality, trans. M. Cranston [Harmondsworth: Penguin, 1974], p. 59).
17. Rawls leaves only a shadowy conception of "natural" duties that "hold between
persons irrespective of their institutional relationships" as a basis for obligations that cross
institutional, ideological, national, or generational boundaries. Since "the principles of
natural duty are derived from a contractarian point of view," they too judge actions that
cross boundaries from a liberal standpoint that some will reject (A TheoryoffJustice[Cambridge,
Mass.: Harvard University Press, 1971], p. 115).
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criticisms raised by the defenders of Sittlichkeitand by Rawls's self-interpretation. Various moves are possible.
One move is to distance liberal thinking from specifically deontological
starting points and to lean on utilitarian liberalism. Utilitarian reasoning
has shown few inhibitions about crossing national and ideological boundaries.18 However utilitarian starting points do not appeal to all liberals.
Despite J. S. Mill's optimism about the close fit between utilitarian foundations and liberal conclusions, utilitarian reasoning is widely thought
unable to explain why rights should be taken as overriding, why majorities
should not tyrannize minorities, and in general why some lives should
not be used and used up as means to happiness enjoyed in other lives.
Liberals have good reasons to take specifically deontological liberalism
seriously.
A second response to the neo-Hegelian criticisms of liberalism would
be to ignore them and view Rawls as mistaken in adapting liberalism to
meet these criticisms. Deontological liberals should simply stick to their
universalist claims. This view is held by many libertarian liberals, who
are prepared to insist that universal human rights and their international
implications are the core of liberalism, which is compromised by offering
a "political" grounding for liberal thinking. Libertarian liberals do not
avoid claims about international justice; some of them think it requires
freedom of trade and migration and the dismantling of bilateral and
international aid schemes. This reassertion of liberalism's internationalist
aspirations would be powerful if those who make it could both supply
the metaphysical foundations for their theory that Rawls eschews (including
a vindication of a transcendent view of reason), and show how such
abstract reasoning can be accessible to agents of change who do not start
from liberal, let alone libertarian, premises.'9
A third approach would be to try to answer rather than avoid the
criticisms of deontological liberalism raised by the defenders of Sittlichkeit.
Among the questions they have raised are the following. Why should
principles on which hypothetical abstract rational beings agree be thought
binding for actual, partially rational beings? Is the thinking of such abstracted individuals of the least relevance to 'us'- or to any other actual
men and women with particular and diverse histories, loyalties, and as18. Utilitarian approaches to nuclear issues are numerous; utilitarian approaches to
world hunger issues include Peter Singer, "Famine, Affluence and Morality," Philosophy
and Public Affairs 1 (1972): 229-43, and Practical Ethics (Cambridge: Cambridge University
Press, 1979). The assumptions that utilitarian thinking relies on in order to reach across
national and ideological boundaries are questionable; see Onora O'Neill, Faces of Hunger:
An Essay on Poverty,Justice and Development(London: George Allen & Unwin, 1986), chaps.
4, 5. It may be that utilitarianism (like Coca-Cola) travels worldwide only because it is
plastic enough to be accommodated to any Sittlichkeit.
19. I doubt they succeed in either respect. Compare Onora O'Neill, "The Most Extensive
Liberty," Proceedings of the Aristotelian Society, n.s., 80 (1979-80): 45-59, and "Rights,
Obligations and Needs," Logos 6 (1986): 29-47.
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reaching a wide audience have met quick and fierce condemnation both
from early critics of "enlightened ideas" and among our own contemporaries?
Some of these objections, considered carefully, are not strictly objections to abstraction but objections to relying on idealized conceptions
of agency. An idealized account or theory not merely omits certain predicates that are true of the matter to be considered but adds predicates
that are false of the matter to be considered. Idealization requires abstraction, but they are not the same thing. The omission of some predicate,
F, is not tantamount to the addition of the predicate, -F. 'Omission' of
a predicate in abstracting merely means that nothing is allowed to rest
on the predicate's being satisfied or not satisfied. By contrast, when we
idealize, we add a predicate to a theory, and the theory applies only
where that predicate is satisfied. Abstract but nonidealized accounts of
agents and their reasoning can apply to agents of diverse Sittlichkeit;
idealized accounts of agents and their reasoning not merely do not refer
to the varying historical and cultural characteristics of particular agents,
but apply only to idealized, hypothetical agents whose cognitive and
volitional features may be missing in all actual human agents. Typically
idealized models of human agency assume various superhuman capacities,
such as complete transitively ordered preferences, complete knowledge
of the options available and their outcomes, and unwavering powers of
calculation; on occasion they include embellishments such as transparent
self-knowledge and archangelic insight into others' preferences.
Such models of man may be thought to idealize in two senses. They
not merely posit perfected versions of capacities that human agents have
only in part; they also standardly take perfect versions of those capacities
as setting ideals for human action. Rational economic man, ideal moral
spectators, utilitarian legislators and their ilk are seen not merely as
theoretical models of varying interest but as models that are exemplary
for human conduct. Appeals to the choice procedures of idealized agents
may offer a good model for practice in domains of life where we might
want those capacities highly developed: for example, shopping or betting.
In domains of life where we do not expect or aim for idealized choosing,
appeals to such ideals may be irrelevant and even harmful. Nobody would
aim to design a health service for ideal rational patients or hope to find
an ideal rational lover. (If this does not convince, remember that "ideal
rational lover" is to be construed as an ideally rational being who also
[when rationality requires it] is a lover-not as an ideal lover who [as it
happens] is also rational.) There are contexts where we judge idealized
rational behavior closer to subhuman than superhuman.
Many of the complaints leveled at abstraction in ethical and political
reasoning are in fact complaints about reliance on idealized conceptions
of agency. These complaints may be particularly pertinent to the models
of rational choice preferred in utilitarian liberal writing. Proponents of
deontological liberalism (by and large) make fewer idealizing claims about
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of elements from disparate ways of life and thought. We are not so much
speakers of one of a range of mutually untranslatable languages as we
have determinate
are multilingual. Those who think that modes of Sittlichkeit
and uncrossable boundaries take an idealized view of communities, ideologies, and nations.
If the boundaries of modes of thought and of communities are
indefinite and variable, we can perhaps follow or learn to follow initially
alien ways of thought. The first question in looking for the justification
for principles ofjustice need not be "What agreement can we presuppose?"
but rather "What understanding and what agreement can we construct?"'2'
The difference between the two questions is apparent when one reflects
on the interpretation of the 'we' assumed in each. If one is concerned
with presupposable agreement, the 'we' must be taken rather strictly.
Liberal debates must be understood as confined to those who already
agree on much-for example, on an ideal of citizenship-and they can
be made more widely accessible only by imposing a conception ofjustice
which embodies that ideal. (If understanding stops at boundaries, fundamental ideas can travel only when they conquer.) Yet, if liberal conceptions of justice rule out unconsented-to interventions, they cannot
justly be imposed. If, on the other hand, one is concerned with the
agreement that can be achieved, 'we' may have no unique interpretation
and need not be defined by reference to any shared ideal or outlook. In
this case the preliminaries for moving toward the vindication of liberal
conceptions of justice are quite different.
Let us consider some of these preliminaries. Suppose that we view
the circumstances of justice much as Rawls does. Rawls has always seen
ethical pluralism as (in part) constitutive of modern circumstances of
justice. Yet, he also sees ethical agreement on a certain ideal of citizenship
as the basis for determining principles of justice. This is not strictly
inconsistent; ethical pluralism does not rule out selective agreement, but
there is an evident tension. A plurality of human beings between whom
there were deep differences of outlook could no more presuppose shared
ideals of citizenship to guide them to principles ofjustice than they could
appeal to preestablished harmony. Rawls relies on the separation of the
right from the good to underpin his appeal to selective sharing of ideals
against a background ethical pluralism. As we have seen, this separation
and the corollary subordination of Sittlichkeitto Moralitdt is a central
criticism made against deontological liberalism.
Liberals who reject Rawls's move must look for achievable rather
than presupposed agreement. They can begin by asking what can be
done by those who find themselves confronted with the pluralism that
is constitutive of modern circumstances of justice, yet seek to vindicate
universal principles. They cannot (without rejecting the search for universal
21. The term "construct" is used both to refer to processes of negotiation, debate,
and politics and to suggest the project of a constructivist approach to practical reasoning.
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principles) appeal to some specific ideal of citizenship or to other nonuniversal features of human choosers: hence they must seek abstract but
nonidealized principles of justice. However, if their reasoning is not to
be inaccessible to many audiences, they must also find ways of deliberating
that connect these abstract principles of justice to the more specific and
accessible categories of discourse of particular communities. This means
that liberal reasoning that both answers the critics of deontological liberalism
and retains internationalist commitments would have to address the charge
of abstraction in both of these ways.
A search for abstract but nonidealized principles that could be justified
beyond the circles where liberalism is already accepted would have to
show that the most basic principles of liberal thought were not political
in so narrow a sense as Rawls assumes. Rawls takes it that liberalism must
assume not only the ideological pluralism that constitutes the circumstances
of justice but also a specifically liberal ideal of citizens as mutually independent. It is the second of these that introduces idealization rather
than mere abstraction into his theory and makes it questionable for those
who do not share this ideal. However, idealization may be avoidable.
Liberals could perhaps seek to generate principles ofjustice simply from
an abstract account of the modern circumstances of justice and place no
weight on ideals of mutual independence or on other specifically liberal
ideals.
The modern circumstances of justice are ethical diversity: people
have variously constituted capacities to reason and to act and varying
forms and degrees of independence from one another and from the
institutions and practices that constitute their Sittlichkeit.Plurality without
coordination is the classic condition in which the problems both of order
and of justice arise; modern plurality is more radical because we cannot
assume a homogeneous Sittlichkeiteither within or beyond boundaries.
Principles of justice are redundant where there is only a single agent, or
where a preestablished harmony (a well-entrenched total ideology?) coordinates agents. It is of no practical concern if liberal thinking cannot
arrive at principles that cover these debased cases, where (by hypothesis)
conflict cannot arise. What is decisive for the liberal enterprise is whether
modern circumstances of justice can provide the ground for principles
of justice without additional appeals to ideals that are part of some but
not of other sorts of Sittlichkeitand without requiring recourse to an
apparently unavailable objective account of the good for man.
If modern circumstances of justice include the plurality not just of
agents but of ideologies, any principles ofjustice which can be vindicated
beyond the boundaries of a specific mode of Sittlichkeitmust be ones that
are shareable by such a plurality. However, if a plurality of agents is to
share principles, action on the principles must leave the agency of each
member of the plurality intact. Those whose agency is destroyed or
subverted or bypassed or undermined cannot act on any principles and
a fortiori cannot share the same principles as others. Either modern
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circumstances ofjustice do not obtain, or (if they do) any universal principles
will be ones that rule out destroying, subverting, bypassing, or undermining
others' (no doubt far from ideal) capacities to reason and to act. In more
familiar terms, the principles of justice must at least include principles
of avoiding coercion and deception, the various modes of which are ways
of destroying or subverting others' agency.
Liberal thinking that started in this way might, it seems, avoid appealing
to idealization which subverts the supposed universality of scope and
vindication of Rawlsian principles of justice. However, would it not immediately be accused of the abstraction with which Kantian thinking has
always been charged? Is there any practical benefit in establishing very
abstract principles ofjustice, such as "Do not coerce" and "Do not deceive,"
if their determinate implications are obscure? On the other hand, if these
determinate implications could be worked out would they not be the
same for all, regardless of circumstances? Will not abstraction from modern
circumstances ofjustice lead us either to conclusions that are inaccessible
and not action guiding for those who have to act, or to demands for
uniformity that are unresponsive to diverse circumstances? By sticking
strictly to abstraction we appear to get abstract answers but no guidance
on what counts as coercive or deceptive in particular situations; and if
that could be overcome, we would get principles that prescribed with
rigid uniformity.
Does this show that a purely abstract liberalism is useless and that
Rawls took the only available way forward for liberal thinking in tying
it to the ideals of a certain sort of Sittlichkeit?This conclusion deserves
further scrutiny. We do not usually complain when principles fail to
determine their own application. Rather it is thought the merit of principles
that they cover many cases, and unavoidable that they are indeterminate.
This is true even for the most ordinary principles for which no universal
scope is claimed and which are deeply embedded in a given mode of
Sittlichkeit.Sittlichkeitdoes not eliminate the need for deliberation or the
possibility of disagreement; it simply allows disagreements to be formulated
and debated in mutually comprehensible and accepted ways. Surely one
should not expect highly abstract principles of justice to be unlike more
specific principles in that they alone entail their applications. Yet much
criticism of deontological liberalism implicitly makes this demand. The
demand leads to searches for highly specific criteria by which the justice
as the
of particular arrangements and actions can be decided-such
The
depresence of informed consent or fitness for rational consent.
mand has no warrant. The abstract principles of avoiding coercion and
deception may have implications that vary greatly with circumstances.
We have no reason to think that there is a unique interpretation of what
constitutes coercion and deception in all circumstances; rather, the
boundaries for coercion and deception are always matters for deliberation.
Coercion is generally taken to be a matter either of force or of threat.
Both force and threat can eclipse others' agency; hence reliance on either
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disregards (even destroys) the separateness and hence the plurality (of
agents and of ideologies) that is constitutive of modern circumstances of
justice. What constitutes force or threat in particular circumstances will,
however, depend on how others and their capacities to act are vulnerable.
Force that overcomes a seven-stone weakling may not bother Superman.
Threats that deter or control the weak or timid may be laughed off by
others. There is (despite much effort expended) no prospect that liberals-or anyone else-will offer an account of what coerces that does
not vary with agents' actual capacities to choose and to act. An account
of what would coerce ideally rational beings is irrelevant to actual agents.
Those who threaten and force understand this all too well and adjust
their action to take advantage of their particular victims' vulnerabilities.
They judge nicely what specific modes of intervention, or of (supposed)
laissez-faire, will destroy or undermine others' capacities to act.
Similar points can be made about deception. The various ways of
misleading have in common that they can subvert and bypass others'
agency, so that principled reliance on deception is deeply destructive of
modern (and indeed of other) circumstances ofjustice. What constitutes
deception will, however, vary with victims' capacities and is always a
matter for deliberation. A stratagem that dupes a child may amuse an
adult; a lie that works on a victim whose desires it flatters and fulfills will
be pointless with a skeptic who resists it. There is no prospect of finding
an account of deception that does not have to be adjusted to the cognitive
capacities and states of those who are deceived. It is irrelevant to point
to procedures that would be adequate to avoid deceiving idealized rational
beings. As deceivers have always known, successful deception must work
on its victims' specific vulnerabilities.
If principles of noncoercion and nondeception do not have a unique
interpretation, their application must deploy deliberation that takes account
of actual conditions of action. Deontological liberalism cannot meet its
critics' charges merely by sticking to abstraction and avoiding idealization
in selecting principles of justice. An abstract deontological liberalism
cannot guide action or be accessible to agents of varying Sittlichkeitunless
abstract principles can be connected to determine judgments that take
account of the actual identities and capacities of agents. A real commitment
to abstraction rather than idealization has to be balanced by a serious
consideration of the move from abstract principles to actual judgments.
However, this need for deliberation is not a peculiar liability of abstract
liberal thinking. The move from abstract principle to determinate interpretation in a given context is part and parcel of all ethical reasoning
(indeed of all practical reasoning) and so is fundamental within any mode
of Sittlichkeit.When Socrates asks Cephalus what justice is and is given
the conventional Athenian answer that it is a matter of giving every man
his own, he promptly asks whether this includes giving back a knife to
its frenzied owner. Even within Athenian Sittlichkeit-our classic image
of a community with shared ideals-principles do not entail their own
applications.
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Although the move from abstract principle to its determinate implications for a given context is so important, deontological liberals say
little about it. This may be because idealized rather than merely abstract
accounts of the principles of justice have so often been preferred. Once
idealized accounts of agency are deployed, the preferred ideals will invade
all applications of principles ofjustice, and the need for deliberation may
be less obvious. So long as we have it in mind that there is some unique
criterion for noncoercion or for informed consent, it may seem unnecessary
to talk about deliberation. Yet it is here, in debates about what it would
take for determinate agents with specific modes of Sittlichkeitto act justly
in specific situations, that the move from abstract principle to accessible
and action-guiding judgments must be made.
Will it not also be here that liberal principles become hostage to
received views? Will the categories and modes of discourse of a particular
Sittlichkeitnot shape, and perhaps corrupt, the process of deliberation in
which liberal principles are applied? There are endless examples. An
example that is revealing, because it invokes the ideal of mutually independent citizenship inappropriately, is that of the 'treaty' of Waitangi,
which was 'signed' by newly and barely literate Maori chiefs who thereby
'ceded' lands and sovereignty.22 Here the outward forms of negotiation,
consent, and legal contract were used to achieve 'agreement' that is
transparently an element of a coercive policy, and liberal principles were
mockingly subordinated to imperial goals. Coercion and deception in
international affairs often do not need to be crude or obvious. Where
some agents are far more powerful than others it is easy for them to
subvert or undercut the agency of the weak.23Such deception and coercion
readily presents the outward face of legal, diplomatic, and commercial
negotiation and masks injustice. Others' agency cannot be respected by
inflicting on them modes of bargaining and negotiation which, while
they would not undercut or subvert idealized agents, coerce or deceive
those with limited rationality and power. It is always easy for the powerful
to make the weak offers that they cannot refuse and to lead the ignorant
to hold beliefs that they cannot test.
If abstract principles can so readily be assimilated to the policies of
the powerful, what are they worth? They certainly are not and cannot
be algorithms for action that generate determinate guidance for each
situation. In this they do not differ from other principles, including those
for which no universal scope is claimed. The procedures of deliberation
by which situations are specified and described in one way and the specification then challenged and modified are more difficult when we are
22. D. F. McKenzie, "The Sociology of a Text: Orality and Print Literacy in Early
New Zealand," The Library, 6th ser., 6, no. 4 (1984): 333-65.
23. I say nothing here about who the agents in international affairs may be; it is a
corollary of taking the contextualized view of agency that I have relied on here that they
may include institutions, groups, and even nation-states as well as individuals. I have
discussed the topic in "Who Can Endeavor Peace?" CanadianJournal of Philosophy12, suppl.
(1986): 41-73.
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dealing with very abstract principles; but they are continuous with procedures by which specification and articulation of cases goes on within
the most enclosed of Sittlichkeiten. From this we may conjecture that
abstract liberalism should view the need for deliberation not as an intellectual defeat but as an essential task.
The claim that a given way of acting would or would not constitute
coercion (or deception) in a given situation is often controversial. It is
open to assessment, challenge, and rejection. Nobody lives ensconced in
a unique mode of ethical discourse which settles all questions. However,
the very multiplicity of modes of discourse which is the distinctive feature
of modern circumstances of justice allows not only for disagreement but
also for debate and, with it, for the possibility of finding reasons that
convince not merely within but across frontiers. Those who can follow
and listen to a swirl of distinct discourses can also dispute which of them
gives the most pertinent and complete account of matters. Ethical pluralism
provides the context for conflict; the same pluralism allows for discussion
and revision of descriptions and discourses between those who disagree.
No doubt such discussions will be buffeted by powerful interests who
advocate construing matters in one way rather than in another. Politics
begins here, in debates about the terms of discussion themselves. If
liberals are to advocate international ethics they must not only articulate
the international implications of liberal political discourse; they must also
explore what liberalism can say about the ethics and the politics of discourse.