Investigates, by way of Derrida's engagements with Kant, how the foundations of modern constitutionalism can be differently conceived to address some of the challenges of the twenty-first century.

1795 erschien die 1. Auflage von Kants Schrift Zum ewigen Frieden. Zu einer der vordringlichsten, von der Philosophie aber häufig vernachlässigten Aufgaben der Politik stellt sie bis heute den wichtigsten klassischen Text dar. Kant entfaltet in ihm die philosophischen Grundlagen für eine internationale Rechts- und Friedensgemeinschaft. Gleichzeitig stellt er sich aber auch die Frage nach einer Vermittlung von normativer Theorie und politischer Praxis. In 12 Beiträgen wird Kants Text in diesem Band 'entschlüsselt', interpretiert, auf seine systematische Überzeugungskraft und auf seine (...) politische Tragweite hin untersucht und in seinen und unseren sozialgeschichtlichen Kontext gestellt. Der kooperative Kommentar wurde anlässlich des 300. Jubiläums Immanuel Kants überarbeitet und auf den neuesten Forschungsstand gebracht. Mit Beiträgen von Reinhard Brandt, Monique Castillo, Michael W. Doyle, Volker Gerhardt, Otfried Höffe, Wolfgang Kersting, Pierre Laberge, Jean-Christophe Merle, Hans Saner. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is the (...) means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

This essay traces the influence of Carl Schmitt on an interpretative tendency found in a number of contemporary readings of Kant’s political philosophy. This influence can be traced back to two basic commitments: the idea that Kant’s philosophy seeks to defend a pacifist and humanitarian ideal of history and progress, and that political conflict must, for this reason, be somehow pacified or eradicated. I argue that these ‘anti-conflict’ readings of Kant go astray in ignoring the systemic role conflict plays in (...) Kant’s understanding of agency and freedom on the one hand, and in overlooking that this conflict is not empirical but normative, and thereby, unavoidable. In light of this ‘agential conflict’, Schmitt’s critique to Kant begins to lose all its force. (shrink)

This article presents a defense of Kant’s idea of a league of states. Kant’s proposal that rightful or just international relations can be achieved within the framework of such a league is often criticized for being at odds with his overall theory. In view of the analogy he draws between an interpersonal and an international state of nature, it is often argued that he should have opted for the idea of a state of states. Agreeing with this standard criticism that (...) a league of states cannot establish the institutional framework for international justice, others also suggest an alternative stage model interpretation. According to this interpretation, Kant’s true ideal is in fact a state of states, whereas the league is merely introduced as a temporary and second best solution. In contrast to both the standard criticism and the stage model interpretation, I argue that fundamental normative concerns count in favour of a league rather than a state of states. I also argue that Kant’s defense of such a league is consistent with his position on the institutional preconditions for just interaction in the domestic case because of crucial relevant differences between the state of nature among individuals and the external relations between states. (shrink)

The purpose of this article is to present a critical assessment of Jürgen Habermas' reformulation of Kant's philosophical project Toward Perpetual Peace. Special attention is paid to how well Habermas' proposed multi-level institutional model fares in comparison with Kant's proposal—a league of states. I argue that Habermas' critique of the league fails in important respects, and that his proposal faces at least two problems. The first is that it implies a problematic asymmetry between powerful and less powerful states. The second (...) is that it entails creating a global police force that has an obligation to intervene against egregious human rights violations worldwide, and that this seems incompatible with the idea that every person has an innate right to freedom. There are important normative constraints relevant for institutional design in the international domain that Habermas does not take sufficiently into account. However, this does not mean that Kant's league cannot be supplemented with more comprehensive forms of institutional cooperation between states. On the basis of my assessment of the multi-level model, I propose a hybrid model combining elements from Kant and Habermas. (shrink)

The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. In asserting (...) this view, we will look closer at the Kantian influence in Habermas' legal construct at the international level, and show why this institutional approach is to be sharply distinguished from and preferred to any exclusively non-institutional approach to international justice. (shrink)

The goal of this paper is to better understand Kant’s conception of philosophy as a “world concept”, which is at the heart of the Architectonic of Pure Reason. This is pursued in two major parts. The first evaluates the textual foundation for reading Kant’s world concept of philosophy as cosmopolitanism and concludes that he most probably never himself equated philosophy as a world concept with any form of cosmopolitanism. The second major part of the paper clarifies this concept of philosophy (...) through the specific role it plays in the argument of the Architectonic. Kant’s unique concept of science is examined and compared with several specific applications of it found elsewhere in Kant’s writings. From this it is concluded that Kant’s intention in the Architectonic was to derive his world concept of philosophy from its logical counterpart, namely the scholastic concept of philosophy, and that its function there is to provide the idea from which the entire structure of Kantian critical metaphysics can be derived. Philosophy as a world concept, it is further argued, is the complete system of critical or Kantian metaphysics in application and the philosopher in this sense is the ideal critical metaphysician who fully realizes its laws through her own understanding and will. (shrink)

Kant’s 1795 essay on perpetual peace has been lauded as one of his most important and influential political texts as well as one of the most important texts on peace. Kant’s text was largely forgotten until the 1980s and 1990s, with numerous commentaries appearing around the time of its 200 years existence. The French philosopher Jacques Derrida’s interest in Kant’s text appears to have arisen around the same time, and his analyses of this text continued after the turn of the (...) century. The references to Kant’s essay in Derrida’s texts appear mostly in the context of a discussion of the concept of hospitality. The latter concept is understood by Derrida as including both a demand for absolute hospitality, that is, hospitality without the imposition of any limitations, as well as a demand, in the interests of survival, for such limitations or conditions. A negotiation between these dimensions of hospitality is ultimately required. The aim of this article is to elucidate Derrida’s analysis of Kant’s essay, specifically his recasting of the concept of peace as absolute hospitality, as well as to briefly outline its implications for international and cosmopolitan law. (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)

This paper claims that a particular interpretation of Kant`s legal-political philosophy, as it is presented in his Doctrine of Right, provides us with the much needed resolution to the question of the normativity of law, precisely because it brings in a perspective that avoids both positivism and ethicism. This particular interpretation follows a strategy of argumentation that I call the “argument for the intrinsic normativity of law”, i.e., the argument that law is defined and justified on its own grounds, without (...) any need to refer to ethics, or rational/enlightened self-interest. This argument highlights the concept of legal person with the innate right to freedom as the necessary presupposition of legal practices, and sets forth a fundamental sense of justice inherent to the concept of law that consists in the reciprocal recognition of legal personality. In the end, I come up with a distinctive conception of law that I formulate as a last resort of normativity in the face of a conflict wherein an ethical solution does not appeal to all parties. (shrink)