Kant's Cosmopolitan Law: World Citizenship for a Global Order
Kantian Review 2:72-90 (1998)
| Abstract | Kant's unduly neglected concept of cosmopolitan law suggests a third sphere of public law -- in addition to constitutional law and international law -- in which both states and individuals have rights, and where individuals have these rights as ‛citizens of the earth' rather than as citizens of particular states. I critically examine Kant's view of cosmopolitan law, discussing its addressees, content, justification, and institutionalization. I argue that Kant's conception of ‛world citizenship' is neither merely metaphorical nor dependent on an ideal of a world-government. Kant's views are particularly relevant in light of recent shifts in international law, shifts that lead away from the view that individuals can only be subjects of international law insofar as they are citizens of particular states. Thereby, a category of rights has emerged that comes close to what Kant understands by cosmopolitan law. | |||||||||
| Keywords | Cosmopolitan law Immanuel Kant Human rights | |||||||||
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Antonio Franceschet (2005). Cosmopolitan Ethics and Global Legalism. Journal of Global Ethics 1 (2):113 – 126.
Charles Covell (1998). Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations. St. Martin's Press.
B. Sharon Byrd (2010). Kant's Doctrine of Right: A Commentary. Cambridge University Press.
Robert Fine (2009). Cosmopolitanism and Human Rights: Radicalism in a Global Age. Metaphilosophy 40 (1):8-23.
Pauline Kleingeld (2011). Kant and Cosmopolitanism: The Philosophical Ideal of World Citizenship. Cambridge University Press.
Jordy Rocheleau (2007). State Consent Vs. Human Rights as Foundations for International Law. Social Philosophy Today 23:117-132.
Otfried Höffe (2006). Kant's Cosmopolitan Theory of Law and Peace. Cambridge University Press.
Sharon Anderson-Gold (2007). Cosmopolitan Community and the Law of World Citizenship. The Proceedings of the Twenty-First World Congress of Philosophy 3:45-50.
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