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)

Cosmopolitanism is said by many critics to be arrogant. In emphasizing universal principles and granting no fundamental moral significance to national or other group belonging, it wrongly treats those making non-universalist claims as not authorized to speak, while treating those in non-Western societies as not qualified. This book works to address such objections. It does so in part by engaging the work of B.R. Ambedkar, architect of India's 1950 Constitution and revered champion of the country's Dalits (formerly "untouchables"). Ambedkar cited (...) universal principles of equality and rights in confronting domestic exclusions and the "arrogance" of caste. He sought to advance forms of political humility, or the affirmation of equal standing within political institutions and openness to input and challenge within them. This book examines how an "institutional global citizenship" approach to cosmopolitanism could similarly advance political humility, in supporting the development of input and challenge mechanisms beyond the state. It employs a grounded normative theory method, taking insights for the model from field research among Dalit activists pressing for domestic reforms through the UN human rights regime, and from their critics in the Hindu nationalist Bharatiya Janata Party. Insights also are taken from Turkish protesters challenging a rising domestic authoritarianism, and from UK Independence Party members demanding "Brexit" from the European Union-in part because of possibilities that predominantly Muslim Turkey will join. Overall, it is shown, an appropriately configured institutional cosmopolitanism should orient fundamentally to political humility rather than arrogance, while holding significant potential for advancing global rights protections and more equitable rights specifications. (shrink)

Jeremy Waldron’s essay centres around Martha Nussbaum’s ideas on cosmopolitan education: Nussbaum argues that we should make ‘world citizenship, rather than democratic or national citizenship, the focus for civic education’. The essay provides just a few examples to illustrate the concrete particularity of the world community for which we are urged by Nussbaum to take responsibility, with the aim of refuting the view of those who condemn cosmopolitanism as an abstraction. The arguments for and against Nussbaum’s idea are presented, (...) and one of the opposing views highlighted: that cosmopolitan moral education is not just an education in moral ideas; it is an education in the particular ways in which people have inhabited the world. The different sections of the chapter look at how a society becomes multicultural, the infrastructure of cultural interaction, the identification of citizenship, the language of citizenship, and its concrete reality and its cosmopolitan dimensions. (shrink)

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)

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)

Declaring a cosmopolitan right to scientific progress risks perpetuating many of the inequities it aims to overcome. This calls for a re-imagination of science that directly responds to science’s links to violent nationalist projects and the harms of capitalism.

Despite the title, Arthur Ripstein’s Kant and the Law of War is best read as a comprehensive account of rightful international order.1 While the book is certainly a groundbreaking intervention into...

Kant’s philosophy of natural science has traditionally concentrated on a host of issues including the role of laws of nature and teleological judgements. However, so far, the literature has made virtually no contact with the no less important tradition in Kant’s legal and political philosophy. This article explores one aspect of such connection in relation to the normative foundations of Kant’s notion of cosmopolitan right. I argue that Kant’s argument for cosmopolitan right is based on two (...) main premises: the first is what I call the law of equilibrium, and the second is the premise of physical interaction (commercium in Latin) at work behind what Kant called the original ‘community of land’. The article argues that the relevant notion of community qua commercium should be understood in the context of Kant’s metaphysics of nature as a ‘real community of substances’ governed by a dynamical law of equality of action and reaction. This metaphysical-causal interpretive reading has far-reaching implications for the foundations of cosmopolitan right and its scope of applicability well beyond Kant’s envisaged right to universal hospitality. (shrink)

The purpose of this article is to respond to Jacques Derrida’s reading of Immanuel Kant’s laws of hospitality and to offer a deeper exploration into Kant’s separation of a cosmopolitan right to visit ( Besuchsrecht) and the idea of a universal right to reside ( Gastrecht). Through this discussion, the various laws of hospitality will be examined, extrapolated and outlined, particularly in response to the tensions articulated by Derrida. By doing so, this article will offer a reinterpretation (...) of the laws of hospitality, arguing that hospitality is not meant to capture all the conditions necessary for cosmopolitan citizenship or for a thoroughgoing condition of cosmopolitan justice as Derrida assumes. This is because hospitality could be understood as the basic normative requirement necessary to establish an ethical condition for intersubjective communication at the global level, where discursive communication regarding the substance of a future condition of cosmopolitan justice is to be subjected to global public reason. (shrink)

This book proposes an account of the place of the theory of race in Kant’s thought as a central part of philosophical anthropology in his political system. Kant’s theory of race, this book argues, is integral to the analysis of the “Charakteristik” of the human species and determined by human natural predispositions. The understanding of his theory as such suggests not only an alternative reading to the orthodox narrative we have seen so far but also reveals the underlying centrality of (...) the notion of human natural predispositions in a way that is consequential for Kant’s philosophy as a whole. What is the impact of Kant’s racial theory on his philosophy and political thought? Is Kant a consistent egalitarian or a partisan Universalist thinker? Is he the symbol of racist prejudices of his time? What is the influence of his racial hierarchy on his cosmopolitan right? Or more simply, is Kant racist? From a systematic examination of Kant relevant writings, this book provides answers to these questions and shed light on two fundamental problems of his theory of race for moral philosophy, namely: the completeness of the character of the White race and the dispossession of the character of the beauty and the dignity of human nature of the Negro race. These two issues, unperceived from the “orthodox” reading’s perspective, however, uncovered by the “heterodox” reading, not only shape Kant’s race thinking from the beginning to the end of his life, transform his cosmopolitan right into a non-universalist form of right, but merely define Kant as a fundamental racist thinker since he developed the anthropology, the philosophy, and the politics of racism in a systematic way. (shrink)

In this article I propose a cosmopolitan approach to animal rights based upon Kant's right of universal hospitality. Many approaches to animal rights buttress their arguments by finding similarities between humans and non-human animals; in this way they represent or resemble ethics of partiality. In this article I propose an approach to animal rights that initially rejects similarity approaches and is instead based upon the adoption of a cosmopolitan mindset acknowledging and respecting difference. Furthermore, and in agreement (...) with Martha Nussbaum, and Sue Donaldson and Will Kymlicka, I endorse the view that theories of animal rights need to be theories of justice and include a political component. Contra Donaldson and Kymlicka, however, I argue that the starting point for analysis of political theories of animal rights should be at the global rather than national level. Taking animals as strangers, I propose adopting a Kantian cosmopolitan mindset and ethic of universal hospitality towards them. I address how a ius cosmopoliticum that is hospitable to the interests of non-human animals can govern interactions with animals on fair terms, and I respond to concerns that cosmopolitanism cannot accommodate non-human animals because it is a democratic ideal, is grounded in logocentrism or rests upon ownership of territory by humans. (shrink)

Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 1 Seiten: 160-178.

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 (...) class='Hi'>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)

La posesión común de la tierra fue una idea prominente en la filosofía moderna del siglo xvii. En este artículo, sostendré que Kant no sólo propuso una versión secular de la posesión común de la tierra, sino que también se diferenció de forma radical de la concepción iusnaturalista de sus predecesores. Propongo que la revisión kantiana del derecho cosmopolita se dirige al mismo problema que el derecho de necesidad de Grocio, a saber, la implausibilidad de asumir derechos adquiridos absolutos cuando (...) esto contradice la razón por la que se introducen esos mismos derechos. Sin embargo, mientras que Grocio pretendió excusar violaciones de la propiedad privada en casos de necesidad, Kant limitó su discusión al derecho de rechazar la entrada de personas en un territorio. Muestro que para Kant, negar la ocupación del espacio que puede salvar la vida a otro ser humano que está, en principio, tan legitimado como cualquier otro a tener un derecho en la tierra está en contradicción con la justificación misma del derecho territorial de los Estados. Esto se debe a que el permiso para controlar el territorio y el derecho de los visitantes involuntarios a ser admitidos en una región están basados en el mismo fundamento legal o Rechtsgrund, a saber, la comunidad original de la tierra. (shrink)

I argue that although in the Foundations of Natural Right Fichte adopts a theory of cosmopolitan right that is in a number of important respects formally identical to the one developed by Kant, he later came in The Closed Commercial State to reassess his earlier Kantian cosmopolitanism. This work can in fact be seen to identify a problem with Kant's cosmopolitanism, namely, Kant's failure to recognize the possibility of an indirect form of coercion based on unequal relations (...) of economic dependence. I argue that Kant's failure to acknowledge such a possibility stems from his uncritical acceptance of this type of relation. Whereas Fichte's awareness of the possibility of one-sided forms of economic dependence leads him to offer a solution to the problems it raises: the severing of all commercial relations with other states. This solution is itself highly problematic, however, as I indicate with reference to Fichte's remarks on ‘natural frontiers’. (shrink)

El objetivo de este trabajo es examinar el modo en que Kant concibe la relación entre el derecho político, el derecho de gentes y el derecho cosmopolita, en dos de sus textos de madurez: Hacia la paz perpetua y La metafísica de las costumbre s. El análisis de esta cuestión no solo permite esclarecer principios fundamentales de su filosofía jurídico-política, sino que aporta además nociones relevantes para la actual discusión acerca de los derechos humanos, el cosmopolitismo y el derecho internacional; (...) temáticas que posicionan a Kant como uno de los autores modernos de mayor presencia en el marco del debate filosófico contemporáneo. En primer lugar, examinaré la posición asumida por el filósofo con respecto al intervencionismo, que resulta especialmente relevante para comprender la relación entre el derecho político y el derecho de gentes, ya que obliga a pensar el alcance y los límites del principio de soberanía estatal. En segundo lugar, haré referencia al modo en que este autor concibe la conexión entre el republicanismo y la institución de una comunidad jurídica internacional, e intentaré mostrar que se trata aquí de fines independientes —y a la vez, vinculados— a los que debemos aproximarnos en un proceso de perfeccionamiento gradual de las instituciones jurídicas. (shrink)

There exists a longstanding debate over the global institutional implications of Immanuel Kant's political philosophy: does such a philosophy entail a federal world government, or instead only a co...

The paper has the following structure. In Section I, I introduce some important methodological preliminaries by asking: How should one reason about global environmental justice in general and global climate change in particular? Section II introduces the key normative argument; it argues that global climate change damages some fundamental human interests and results in a state of affairs in which the rights of many are unprotected: as such it is unjust. Section III addresses the complexities that arise from the fact (...) that some of the ill effects of global climate change will fall on the members of future generations. Section IV shows that some prevailing approaches are unable to deal satisfactorily with the challenges posed by global climate change. If the argument of this paper is correct, it follows that those who contribute to global climate change through high emissions are guilty of human rights violations and they should be condemned as such. (shrink)

There is a globalization trend in teacher education, emphasizing the role of teachers to make judgments based on human rights in their teaching profession. Rather than emphasizing the epistemological dimension of acquiring knowledge about human rights through teacher education, an ontological dimension is emphasized in this paper of what it means to become a professional teacher. An ontological dimension of ‘learning to become’ can be captured in critical examination of a cosmopolitan awareness of teachers in relation to judgment and (...) justice. I read the critique through studies on human rights in teacher education, which transforms notions of openness and respect in relations marked by difference. (shrink)

: Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.

Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.

Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.

The recent transnational wave of destruction that was caused by the earthquake-induced tsunamis in South East Asia has raised the issue of global justice in terms of the rights of victims to expect aid relief and the moral responsibility of the rest of the world to provide it. In this paper I will discuss the issue of global ethics in terms of positive rights that people have to assistance from others when they cannot provide such assistance themselves. The main object (...) of the paper is to demonstrate that positive rights are universal and global in scope and cannot therefore be restricted by any national, religious, cultural or other social boundaries. Such rights provide a rational and ethical foundation for global justice that is cosmopolitan. The argument for the position offered in the paper will be broadly based on the moral philosophy of Alan Gewirth.1. (shrink)

It may be suggested that much of what goes by the name of contemporary cosmopolitanism is liberalism envisioned at the global level. It has become a common claim that the liberalism which provides the ethical content for cosmopolitanism is not tolerant enough of diverse ways of living; that liberalism’s claim to be a just referee between competing conceptions of the good life in fact hides a failure to treat diverse forms of life with an egalitarian hand. This essay argues this (...) is a correct observation that is in principle a good thing, not something to be derided. At least from the liberal point of view, part of the misunderstanding lies in the tendency to translate liberalism’s claim to be egalitarian towards all individuals into the claim that this means liberalism must be egalitarian towards all the conceptions of the good life that are held by these individuals. Such an extension of liberalism’s tolerance and egalitarianism would in fact undermine liberalism’s core values and render the cosmopolitan project a series of contradictions in terms. (shrink)

Identity politics and citizenship are often envisaged in dichotomous terms, but cosmopolitan theorists believe commitments to “thin” universal values can be generated from divergent “thick” positions. Yet, they often gloss over the ways in which the nexus of thick and thin is negotiated in practice—a weak link in the cosmopolitan argument. To understand this nexus better, we turn to women’s rights organizations (WROs) in polarized Turkey to show that women affiliated with rival camps (e.g., pro-religious/pro-secular, Turkish/Kurdish, liberal/leftist) can (...) mobilize over issues like empowerment, violence against women, and education. However, thick readings of these issues inflect upon collaboration. This has spurred pro-religious and Kurdish women to develop strategies that flag their specific concerns. As such, mutual recognition along cosmopolitan lines appears possible—and is reinforced through iterative encounters—but is not necessarily negotiated between equally empowered agents and entails complex processes of contestation and concession-making. (shrink)

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context (...) of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection. (shrink)

This dissertation explores a family of theoretical models of humanitarian military intervention. A number of recent theorists, including Tesón, Caney, Buchanan, Orend, Moellendorf, and Wheeler, build their models from a perspective called ‘cosmopolitanism.’ They offer arguments based on the moral supremacy of human rights, the arbitrary character of territorial boundaries, and the duty to protect individual human beings exposed to serious and systematic violence by their own governments. I develop a model of intervention that recognizes the moral significance of political (...) self-government. To the extent that international society should countenance a ‘duty to protect’ human rights, the duty ought to be constrained by a commitment to the values of self-government. The model developed in this dissertation also recognizes the significance of international law enforcement. Insofar as we should permit a role of enforcement for international human rights, that role should be constrained by formally accepted global principles and in particular by positive obligations to prevent and punish actions regarded as international crimes. These other global values are viewed with suspicion by cosmopolitan theorists, who tend to construe them in stark contrast to the vision of global responsibility for human rights protection. But I will show how these other values emerged simultaneously with cosmopolitanism and share many of its underlying intuitions. Because self-government and law enforcement are linked politically to the cosmopolitan vision, these two distinctive global values can be utilized as tools to fortify or expand cosmopolitanism by enlarging the global sense of responsibility for human rights. The aim of this project is to explain how these other values came to be neglected by cosmopolitan theorists, and why they should not be forgotten. (shrink)

During the Danish cartoons controversy in 2005–2006, a group of ambassadors to Denmark representing eleven predominantly Muslim countries requested a meeting with the Danish Prime Minister, Anders Fogh Rasmussen, to protest against the cartoons. Rasmussen interpreted their viewpoint as one of demanding limits to freedom of speech and he ignored their request for a meeting. Drawing on this case study, the article argues that it is an appropriate, and potentially effective, moral criticism of anyone who is in a position of (...) political power—taking into account reasonable constraints of feasibility and practicality—that they have refused to receive information, ideas, or opinions from individuals, or their representatives, with dissenting viewpoints. The article also articulates one possible theoretical ground for such a moral criticism: that they could be violating a fundamental moral right of people to submit information, ideas, or opinions to those who wield power over them and to be meaningfully heard—a right which can span state borders. (shrink)

This chapter links a conception of global justice, moral cosmopolitanism, with plurinational democracies. After giving a brief description of moral cosmopolitanism, I go on to analyse notions of cosmopolitanism and patriotism in Kant's work and the political significance that the notion of unsocial sociability and the Ideas of Pure Reason of Kant's first Critique have for cosmopolitanism. Finally, I analyse the relationship between cosmopolitanism and minority nations based on the preceding sections. I postulate the need for a moral and institutional (...) refinement of democracies and international society that is better able to accommodate national pluralism than has so far been achieved by traditional liberal constitutionalism and cosmopolitanism. (shrink)

I defend the cosmopolitan instrumentalist theory of secession, according to which a group has a right to secede only if this would promote cosmopolitan justice. I argue that the theory is preferable to other theories of secession because it is an entailment of cosmopolitanism, which is independently attractive, and because, unlike other theories of secession, it allows us to give the answers we want to give in cases like secession of the rich or secession that would make (...) things worse for minorities. I defend the view against the objections that it allows for colonialism and annexation, that it is not a distinct theory, and that it is impractical. (shrink)

The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of justice in multicultural societies. (...) In this thesis I examine the idea of special cultural rights. In the first part, I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: that having culture is an essential part of individual autonomy; that people have morally significant interests qua members of particular cultures; and that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that is correct, I argue that both and are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part, I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights. (shrink)

In this paper the author examines the main features of Jürgen Habermas's cosmopolitan view of the global political order. He specifically examines the importance Habermas accords respectively to individual rights and the nationstate in such an order. After demonstrating that a global political order founded on the defence of individual human rights rather than the nation-state is an assumption that should be taken seriously, the author maintains that it would be undesirable to attribute only a secondary role to the (...) nation-sate. In the second part of the paper, he demonstrates that the nation-state has a positive role to play in the global era, and that those who predict its imminent demise will have to revisit their positions. (shrink)