Samuel Freeman “has replied in comments to my post about his response to cosmopolitan critics of Rawls”:https://crookedtimber.org/2008/12/10/language-requires-what/#comment-260984 . It is a genuinely helpful and clarifying response, for which I’m grateful. I could quibble about the semantics of “invariably”, but I won’t. Rather, I’d highlight just two points in Freeman’s remarks. The first concerns the non-identity of “state” with “people” and “society”. Of course, I agree with Freeman that they on sensible construals of either term they would be non-identical, but I’d argue that Rawlsian fastidiousness in this respect merely highlights something rather evasive about their view. For what is it that picks out a Rawlsian “people” as distinct from other “peoples”, as a distinctive cooperative unit? Usually, it is their legal and institutional unity. In fact, this is normally the only thing, since state boundaries are rarely congruent with ethnic, religious or linguistic boundaries. Rawlsians may want, given the morally dubious history of nationalisms, to promote this as a feature rather than a bug. But it is questionable, then, whether Rawlsian peoples are really distinct from the states that organize them as such. (And, somewhat counterintuitively, lots of peoples fail to be “peoples” – the Kurds, for example.) (I hereby promise a proper post about Rawlsian “peoples” soon: Rawlsians want to be neither “statist” nor “nationalist”, but I’m sceptical about the existence of the middle ground.)
The second concerns Freeman’s concession (though “concession” is unfair of me) that what is key to the notion of social-cooperation is not coercive enforcement, but rather the inescapability, for individuals, of compliance with social rules. This seems to me to open up two difficulties for Freeman. The first, which I won’t develop here, is the blurring of the distinction between a society’s “basic structure” and its “ethos”, a distinction that Freeman needs be sharper for another dispute (that with G.A. Cohen). The second is brought out by the following statement:
bq. compliance with the rules of basic social institutions, even if generally voluntary, is unavoidable for the members of a society, since these rules are inescapable and structure their daily lives in innumerable ways (unlike members of other societies, whose lives are structured by their own system of basic institutions).
Perhaps something special is meant here by “structured”, since if it means that people’s lives are shaped in systematic ways that open some opportunites and deny others, then it can hardly be denied that, for example, Malian cotton producers are subject to a good deal of structuring by the US government. And, of course, one can make a similar point with respect to the lives of would-be economic migrants from poor countries to rich ones. Systematic structuring, then, doesn’t do the job of dividing insiders from outsiders in the way Freeman needs it to.