This article deploys a double conceptual framework. One frame is positioned through the ideas of absolute strangers and outsiders. The other frame develops out of, though is distinct from, the first, and refers to the disaggregated forms of modern citizenship. The citizen-as-absolute-stranger in addition to accruing political rights may also accrue social, economic or identity rights, or traverse wider relations between him or herself and other absolute strangers in either national or international settings. It is in this context that outsiders (...) are configured - aliens who have no national-juridical status. (shrink)

This paper approaches the issue of cosmopolitanism from the vantage point of hospitality. The notion of hospitality throws into relief some issues that are at the heart of political cosmopolitanism, but cannot be addressed by it. This is because these issues do not necessarily revolve around the category of the citizen, but around the categories of stranger and outsider. The paper critiques the tendency to conflate the categories of the stranger and the outsider and goes on to argue that the (...) standard cosmopolitan extension of democracy to international contexts risks reproducing the exclusion of “outsiders” by nation-states, even democratic ones. (shrink)

From a more systematic point of view, the appendix is the final occasion for Kant to reinforce the role of the Critique of the Power of Judgment as part of the system of critical philosophy. It is true that in a sense each and every ...

Although Kant argues that a world republic with coercive public law is the only rational way to secure a lawful cosmopolitan condition, he states that it is an unachievable ideal, and he proposes a voluntary, non-coercive federation of states as a substitute. While some scholars have criticized Kant for moving away from this ideal due merely to pragmatic considerations, I argue that his rejection of a coercive world republic is based on his conception of state sovereignty and what is required (...) for a lawful condition. I consider how we can institutionalize a lawful condition between states without a coercive world republic in ways that go beyond Kant’s voluntary federation. I also consider how we can resolve this dilemma in Kant’s account to support a federal world republic. (Published online first on June 16, 2014). (shrink)

For Kant, the contents of cosmopolitan law are to be ‘limited’ to non-citizens' subjective rights to hospitality. Although hospitality yields universal and far-reaching communicative rights, its limits may seem overly restrictive at first. I argue that this narrow focus is intended to fend off justifications for colonial occupation that could otherwise draw support from Kant's own doctrine of private law. Kantian hospitality is further limited in that it does not cover all forms of communicative exchange. As can be shown from (...) his endorsement of China's and Japan's protectionist policies, Kant is not averse to limiting cosmopolitan citizens' commercial speech. In conclusion, I discuss rivalling interpretations of Kant's justification of hospitality. I argue that this justification cannot rest exclusively on the innate human right to freedom, but must draw on facts about the world as well. (shrink)

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. (shrink)

In the age of globalization, and increased interdependence in the world that we face today, there is a question we may have to raise: Do we need and could we attain a world government, capable of insuring the peace and facilitating worldwide well-being in a just and efficient manner? In the twenty chapters of this book, some of the most prominent living philosophers give their consideration to this question in a provocative and engaging way. Their essays are not only of (...) wide theoretical interest but also provide a thought-provoking approach to this most timely and urgent issue. A wide range of perspectives are represented here. -/- The authors include Richard Falk, Michael Walzer, Thomas Pogge, Larry May, Alfred Rubin, Stanley Hoffman, Jan Narveson, Virginia Held, Pauline Kleingeld and Luis Cabrera. Jovan Babic is Professor of Ethics at the University of Belgrade and Visiting Professor at Portland State University. Petar Bojanic is Senior Research Fellow at the Centre for Ethics, Law and Applied Philosophy (CELAP) as well as the Institute of Philosophy and Social Theory (Belgrade). (shrink)

The problem of violence for social theory is not only a normative question which can be answered in political-ethical terms, but it is also a cognitive question relating to the definition of violence. This cognitive question is one of the main problems with the contemporary discourse of violence and it is this that makes the idea of a cosmopolitan public sphere particularly relevant since it is in public discourse that cognitive models are articulated. The real power of cosmopolitanism lies in (...) communicative power, the problematizing, the reflexive transformation of cultural models and the raising of `voice'. Unless global civil society is based on a cosmopolitan political sphere there is the danger that it will be disembodied and helpless in the face of new forms of violence. (shrink)

Reviso tres maneras diferentes como los ideales de la democracia deliberativa han cambiado a la luz de las preocupaciones prácticas sobre su viabilidad, es decir, haciendo cada vez más importante el problema de cómo este ideal puede acercarse a sociedades caracterizadas por profundos desacuerdos, problemas sociales de enorme complejidad e instrumentos inoperantes en sus instituciones existentes. En primer lugar, las teorías de la democracia deliberativa enfatizan el proceso mismo de la deliberación, y no sus condiciones y procedimientos ideales y contrafácticos. (...) En segundo lugar, los demócratas deliberativos se interesan cada vez más en los problemas de la institucionalización, en hacer del voto, la regla de mayorías, la representación, los tribunales y el derecho constitucional, instituciones más deliberativas, en pro de una mayor democracia directa. En tercer lugar, los deliberativistas se ocupan de examinar y comparar los diferentes escenarios y procedimientos de la deliberación, señalando problemas empíricos y obstáculos que no siempre pueden anticiparse al recurrir únicamente a argumentos conceptuales. (shrink)

The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection of individual (...) expression by means of marketable property rights in authors’ works serves as an engine of progress towards a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights – and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the possibility of a free culture. (shrink)