Say a rule R establishes some outcome O if it explicitly calls for the realization of O. Say R engenders O if the realization of O is merely a forseeable consequence of R. (Cf. Pogge 1989, p. 38) It seems obvious to judge a rule unjust if it establishes an unjust outcome. It’s perhaps more controversial in some cases but not uncommon to judge a rule unjust if it engenders an unjust outcome.
Suppose someone claims that a rule R (and our enforcement of it) is unjust because the rule incentivizes predatory conduct on the part of state leaders under certain domestic conditions C. (Thomas Pogge and Leif Wenar make such a claim with respect to the “international resource privilege”; see Pogge 2002 and Wenar 2008.) Suppose that R induces the predatory conduct only in the presence of C; in the absence of C, no predatory conduct ensues. In some cases, I want to claim that R does not engender the predatory conduct even if it does generate incentives to engage in predation. Here’s the argument.