John Rawls’ proposes that liberal democracies accept certain well-ordered hierarchical societies1 as equals on the basis that the latter would accept the same principles of global justice as liberal democratic peoples. Well-ordered hierarchical societies are those illiberal societies that do not commit aggression against their neighbors, and respect basic human rights. However, the list of human rights that well-ordered hierarchical societies must respect is short, and it excludes some familiar democratic rights such as the right to free speech or the right to vote. Because of the brevity of his catalog of human rights, Rawls’ proposal of tolerance for these well-ordered hierarchical societies has subjected The Law of Peoples to criticism by liberals who argue that the Law of Peoples creates a double – and lower – standard for well-ordered hierarchical societies, which view their members as components of larger groups rather than free and equal citizens (Tesón, 79-80).
While they raise some important considerations, these critics undervalue the good reasons for tolerating well-ordered hierarchical societies. Rawls places a premium on toleration of well-ordered hierarchical societies because toleration recognizes and allows for a reasonable diversity of human values. These well-ordered hierarchical societies, organized around a comprehensive idea of the good, lack the perfect justice of liberal peoples. Some individuals may even be excluded from certain positions or opportunities based on the principles of the comprehensive doctrine on which society is organized. However, as Rawls states, an injustice is tolerable where it is necessary to prevent a greater injustice. In the present case, accepting these well-ordered hierarchical societies, which do secure some justice for those within their borders, avoids the greater injustice that would ensue from potentially destructive attempts to enforce global ideological conformity. Additionally, we should not discount the capacity of these hierarchical societies to reform. Toleration, Rawls argues, grants well-ordered hierarchical.....
