Kant and Habermas on International Law

Ratio Juris 26 (2):302-324 (2013)
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Abstract

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

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Citations of this work

Capitalism, Alienation and Critique: Studies in Economy and Dialectics.Asger Sørensen - 2019 - Boston, Massachusetts, USA: Brill. Edited by Lisbet Rosenfeldt Svanøe.
Kant on just war and international order.Nenad Milicic - 2021 - Filozofija I Društvo 32 (1):105-127.

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References found in this work

The law of peoples.John Rawls - 1999 - Cambridge, Mass.: Harvard University Press. Edited by John Rawls.
Force and freedom: Kant's legal and political philosophy.Arthur Ripstein - 2009 - Cambridge, Mass.: Harvard University Press.
Practical philosophy.Immanuel Kant - 1996 - New York: Cambridge University Press. Edited by Mary J. Gregor.

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