This paper provides an outline of Kant's ideas on international right showing how they derive from his general view of law and showing how they relate to his cosmopolitan ideal of hospitality, his views on colonialism and the vexed issue of intervention in the internal politics of other states. It can be shown – based on his ideal of hospitality and good state practice – that Kant is reluctant to recommend intervention by advanced states in the affairs of other states (...) and societies even where those societies have not attained a settled, civil status. This is not to imply that we should be indifferent to the situation of other peoples, but rather that we should encourage them to find their own way to a more advanced condition. We can best encourage them by setting and abiding by rigorous standards of law both domestically and internationally that create the possibility of a wholly legally regulated international system.War should be regarded as neither a desirable nor, ultimately, a legitimate means of pursuing foreign policy. (shrink)

Immanuel Kant is recognized as one of the first philosophers who wrote systematically about global justice and world peace. In the current debate on global justice he is mostly appealed to by critics of extensive duties of global justice. However, I show in this paper that an analysis of Kant’s late work on rights and justice provides ample resources for disagreeing with those who take Kant to call for only modest changes in global politics. Kant’s comments in the Doctrine of (...) Right clarify that he thinks we need a coercively enforced global civil condition. But his work also contains ideas that imply that within such a global legal order there must be no extreme forms of poverty and inequality, and that the current holdings of states are by no means conclusive possessions without confirmation by the global legal order we have a duty to establish. Thus, this paper challenges the prevailing interpretation of Kant as a conservative thinker about global justice that is held, for instance, by the leading contemporary liberal thinkers such as John Rawls, Thomas Nagel, and Ronald Dworkin. (shrink)

This essay aims to bring to light the distinctive features of Fichte's construal of cosmopolitan right in the Foundations of Natural Right—in comparison to Kant's—in the light of the current philosophical debate on migration and global justice. The paper is articulated in three steps. First, it analyzes the addressees and content of Fichte's cosmopolitan right by emphasizing its limited scope: by focusing on those individuals who do not come “from any state,” Fichte's discussion of cosmopolitan right foreruns Arendt's philosophical theorization (...) of statelessness and the “right to have rights.” Second, it considers Fichte's justification of cosmopolitan right—and its compatibility with his justification of private property rights—by stressing its ontological anchoring in the notions of “absolute will,” “personhood,” and “original right.” Finally, the essay considers the systematic position of cosmopolitan right with regard to the “right of nations” and the “right of a state” in Fichte's doctrine of right by giving special attention to the range of reasons that, according to Fichte, can legitimate the rejection of a stranger. (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)

In this article, we observe the possibility of ‘practicing’ cosmopolitanism in three distinct experiential spaces intrinsic to human existence: knowledge spaces, habitation spaces and marketplaces. Although cosmopolitanism has been overwhelmingly deliberated upon across multiple disciplines, it has been confined to ‘conceptualisms’ in the Western scholarship. On the other hand, we find that some of the works of thinkers, such as, Rabindranath Tagore’s Creative Unity, Aurobindo Ghosh’s The Ideal of Human Unity and Mikhail Bakhtin’s Rabelais and His World, open the possibilities (...) of experiencing cosmopolitanism in lived human spaces. Cosmopolitanism emerges through knowledge generation and exchanges in the academic vision of Tagore’s ideal Visva-Bharati, in the everydayness of city life through Aurobindo’s Auroville and in the cultural spaces of the Bakhtinian marketplace. Further, we find that cosmopolitanism in these thinkers interweaves the physical place with spaces of the mind. The individual emerges as a core of their cosmopolitan worldview. We argue that these thinkers not only pave the way for recognizing cosmopolitanism in real, lived spaces but also inspire a future vision, practicable in the society through academic institutions, human habitats and regular interactions at marketplaces. (shrink)

: Most contemporary attempts to draw inspiration from Kant's cosmopolitan project focus exclusively on the prescriptive recommendations he makes in his article, ‘On Perpetual Peace’. In this essay, I argue that there is more to his cosmopolitan point of view than his normative agenda. Kant has a unique and interesting way of problematizing the way individuals and peoples relate to one another on the stage of world history, based on a notion that human beings who share the earth in common (...) ‘originally’ constitute a ‘commercium’ of thoroughgoing interaction. By unpacking this concept of ‘commercium’, we can uncover in Kant a more critical perspective on world history that sets up the cosmopolitan as a specific kind of historical-political challenge. I will show that we can distinguish this level of problematization from the prescriptive level at which Kant formulates his familiar recommendations in ‘Perpetual Peace’. I will further show how his particular way of framing the cosmopolitan problematic can be expanded and expatiated upon to develop a more critical, reflexive, and open-ended conception of cosmopolitan thinking. (shrink)

Tourism is a complex phenomenon in scale and scope. Interrelated with other systems from the local to the global, its impacts and effects transcend borders, making coordination and regulation highly challenging. Global mobilities and neoliberal globalization further complicate enabling just and sustainable tourism. New forms of governance are needed to address global threats like climate change and pandemics. This paper explores Immanuel Kant’s transcendental perspective on “perpetual peace” and traces his evolving cosmopolitanism over a decade of essays. We then turn (...) towards what appears to be a contradictory, immanent posthumanist approach from Gilles Deleuze. Radicalizing Kant using Deleuze leads to a different concept of ‘normativity’, grounded in an ideal of perpetual self-critique and self-creation. Such a critical, affirmative ethic opens possibilities for situated approaches to cosmopolitan rights and global justice, rather than global regulatory structures to coordinate effective and proactive actions. (shrink)

The paper provides a systematic account of Kant’s ‘right to be somewhere’ as introduced in the Doctrine of Right. My claim is that Kant’s concern with the concurrent existence of a plurality of corporeal agents on the earth’s surface occupies a rarely appreciated conceptual space in his mature political philosophy. In grounding a particular kind of moral relation that is ‘external’ but not property-mediated, it provides us with a fundamentally new perspective on Kant’s cosmopolitanism, which I construe as a cosmopolitanism (...) for ‘earth dwellers’. (shrink)

‘[S]o act externally that the free use of your choice can coexist with the freedom of everyone in accordance with a universal law’ . This is Immanuel Kant's first principle of justice, stated in the imperative form appropriate for human beings, beings who can comply with it but who might not do so. For Kant it is a principle that applies not only to relations among citizens within a state, but to those among states themselves and among citizens of varying (...) nationality. As Kant's Rechtslehre makes clear, the universal law of justice, as he terms it, lies at the foundation of a set of standards that together form his theory of justice. Subsidiary standards follow from this most fundamental one by argument and together form a system, or metaphysics, of related principles. The system is hierarchical, that is, we can argue from the universal law of justice to increasingly concrete standards that help us apply it to various questions and in varying contexts. (shrink)

Resumen En este artículo defiendo la postura según la cual el republicanismo -en comparación con otras nociones o motivos centrales- no se ha interpretado como uno de los rasgos que caracteriza a la filosofía jurídica y política de Kant como un todo. Una posible razón es que el republicanismo kantiano no ha ocupado un lugar destacado dentro de las narrativas republicanas, ya sea históricas o sistemáticas, que son más dominantes en las discusiones contemporáneas. A mi parecer, esto es así porque (...) hay características innovadoras en la empresa republicana kantiana que se encuentran en tensión con otros proyectos republicanos de otra índole. Aquí discuto algunos de los rasgos distintivos del proyecto de Kant en lo que atañe a concepciones suyas sobre el estado de derecho, la ciudadanía, la autoridad política, la libertad de expresión y el derecho internacional, con el fin de señalar que estas son parte integral de una teoría política y legal que todavía es atractiva y sugerente.In this paper, I defend the stance that republicanism -in comparison to other central notions- has not been interpreted as one of the main traits that characterize Kant’s legal and political philosophy. A plausible reason for this is that Kantian republicanism has not occupied a prominent place in the republican narratives, historiographical or systematic, that are dominant in contemporary discussions. To my mind, the reason for this is that some innovative characteristics in the Kantian republican enterprise are at odds with other republican philosophical projects. Here I discuss some distinctive traits of Kant’s project regarding his conceptions of the rule of law, citizenship, political authority, free speech, and international law with the aim of showing that they are an integral part of a political and legal theory that is still attractive and compelling. (shrink)

This article suggests that Tagore’s conception of cosmopolitan education can provide the basis for advancing matters of global social justice, when considering the problem posed by Nancy Fraser in her essay ‘Reframing Justice in a Globalizing World’: ‘How can we integrate struggles against maldistribution, misrecognition and misrepresentation within a post-Westphalian frame?’. To this end, the article briefly reflects on the perspective of cosmopolitanism, setting the scene for an exploration of Tagore’s distinctive cosmopolitan educational philosophy. The article develops the argument that (...) framing pedagogy centred on Tagore’s principles of cosmopolitan education to produce cosmopolitan-minded citizens can help bring about social, political, and economic change at local, national, and international level, in order to integrate the three-dimensional struggle for social justice outlined by Fraser. The article concludes by suggesting what can be done at the institutional and curriculum levels to help foster the cosmopolitan attitude. (shrink)

In this article we examine Kant’s understanding of toleration by including a study of all instances in which he directly uses the language of toleration and related concepts. We use this study to resolve several key areas of interpretative dispute concerning Kant’s views on toleration. We argue that Kant offers a nuanced and largely unappreciated approach to thinking about toleration, and related concepts, across three normative spheres: the political, the interpersonal and the personal. We examine shortcomings in earlier interpretations and (...) conclude by arguing that the theme of toleration in Kant’s work, while coherent and important, is neither as central nor as peripheral as suggested by previous interpretations. Further, while Kant is critical of the arrogance of toleration in the political sphere, he is more positive toward the role of toleration in the interpersonal and personal spheres since it promotes virtue. (shrink)

Although Kant defends a cosmopolitan ideal, his philosophy is problematically vague regarding how to achieve it, which lends support to the empty formalism charge. How Kant would respond to the crisis in Syria reveals that judgement plays too central a role, because Kantian principles lead to equally reasonable but opposite conclusions on how to weigh the duty of hospitality to refugees against a state’s duty to its own citizens, the right of prevention towards ISIS against the duty not to harm (...) non-combatants, and the responsibility to protect the people of Syria against the duty of non-interference in its internal affairs. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)