Pluralism, Religion, and the Moral Fairness of International Law

This article criticizes Thomas Franck’s theory of moral fairness for refusing a possible voice for religion in the fairness discourse. After deconstructing the theory and explaining its relationship to Rawls's notion of overlapping consensus, this article explores how religion plays a role with the implementation of international law. This article concludes by observing how the inclusion of religion at the implementation stage injects a measure of regionalism and pluralism into the discourse. Such regionalism and pluralism alleviate the tension between universalism and localism associated with globalization and to improve social stability throughout the world.

Epistemology · Law and economics · Pluralism (philosophy) · Political science · Sociology · American Constitutional Law and Politics · Law · Philosophy