This paper was motivated by a dissatisfaction with the move to justify armed humanitarian intervention to deal with widespread and systematic human rights violations. I’m skeptical of arguments that defend a right or duty of armed intervention for a few reasons, but prominent among these is their failure to engage adequately with the empirical literature to determine whether armed intervention is an effective means to bringing about long-term progress on human rights performance. Some recent studies suggest that it’s not.
Although this paper was motivated by this worry, I don’t actually talk about humanitarian intervention here. Rather, I simply assume that we should look for alternatives to addressing human rights atrocities and proceed to consider how we might go about reforming the institution of sovereignty to deal with this problem. I don’t actually articulate any positive reform proposals here; I’m not in a position to do that yet. So this paper begins to lay the groundwork for a positive proposal.
I try to do three things in this paper. First, I discuss the role of non-ideal theory in political philosophy and try to work out an account of the sorts of considerations a theory of sovereignty must take into account if the theory is to serve as a basis for feasible reform proposals. The result is an account of what I’m calling pragmatic theory. I then use this account to evaluate Allen Buchanan’s (2004) theory of recognitional legitimacy, concluding that the view isn’t realistic enough to provide practical political guidance. Finally, I provide a preliminary framework for pragmatic moral theorizing about state sovereignty, concluding that such theorizing is limited to proposing ways to reform the sovereignty institution that restructure political relationships so that the interests of political leaders become aligned with the protection of individuals’ human rights.
I should note that I’ve been rethinking the sections on non-ideal and pragmatic theory since I sent the paper to Simon Caney for comments and am confident that I’ve mischaracterized the distinction between ideal and non-ideal theory and, as a result, misconstrued the relationship between non-ideal theory and pragmatic theory. I don’t think the problems here are fatal; I think the important distinction for the rest of the paper still holds. I just think the picture should be cast differently than I’ve done here. All this is to say: if you’re looking for a place to zero in on, this is a section one which I’m particularly interested in getting feedback. I’ve got some sketchy ideas on what to say, but I’d like to hear others’ thoughts on this.
Thanks to Simon May for organizing this symposium. Thanks to Simon Caney for his comments.
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