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Kantian Cosmopolitan Law and the Idea of a Cosmopolitan Constitution

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Abstract:

The purpose of this article is to outline a Kantian form of cosmopolitan law and the jurisprudence involved in the creation of a cosmopolitan constitution. This article explores and discusses Kantian cosmopolitan law, the idea of cosmopolitan right, the laws of hospitality and a Kantian approach to constitutional cosmopolitanism. In doing so, the article argues beyond Kant's discussion of constitutionalism, suggesting that a written constitution not only articulates many of Kant's cosmopolitan concerns, but also provides a reasonable ethical foundation for an international society. Throughout this discussion, more particular aspects of Kant's legal conception of cosmopolitanism are examined, focusing on the possibility of an ethical cosmopolitan order based on jurisprudence, the necessity of a minimal consensus bound by constitutional provisions, and the corresponding legal obligations maintained by cosmopolitan law.

Keywords: Kant; Kantianism; constitutionalism; cosmopolitan consitution; cosmopolitan law; cosmopolitanism; global consitutionalism; hospitality; international law; laws of hospitality; legal cosmopolitanism; world federation

Document Type: Research Article

Affiliations: Dept. of Politics, University of Sheffield, Elmfield Building, Northumberland Drive, Sheffield, S10 2TU., Email: g.w.brown@sheffield.ac.uk

Publication date: January 1, 2006

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