2020 ◽  
Vol 63 (1) ◽  
pp. 85-100
Author(s):  
Arseniy D. Kumankov

The article considers the modern meaning of Kant’s doctrine of war. The author examines the context and content of the key provisions of Kant’s concept of perpetual peace. The author also reviews the ideological affinity between Kant and previous authors who proposed to build alliances of states as a means of preventing wars. It is noted that the French revolution and the wars caused by it, the peace treaty between France and Prussia served as the historical background for the conceptualization of Kant’s project. In the second half of the 20th century, there is a growing attention to Kant’s ethical and political philosophy. Theorists of a wide variety of political and ethical schools, (cosmopolitanism, internationalism, and liberalism) pay attention to Kant’s legacy and relate their own concepts to it. Kant’s idea of war is reconsidered by Michael Doyle, Jürgen Habermas, Ulrich Beck, Mary Kaldor, Brian Orend. Thus, Doyle tracks democratic peace theory back to Kant’s idea of the spread of republicanism. According to democratic peace theory, liberal democracies do not solve conflict among themselves by non-military methods. Habermas, Beck, Kaldor appreciate Kant as a key proponent of cosmopolitanism. For them, Kant’s project is important due to notion of supranational forms of cooperation. They share an understanding that peace will be promoted by an allied authority, which will be “governing without government” and will take responsibility for the functioning of the principles of pacification of international relations. Orend’s proves that Kant should be considered as a proponent of the just war theory. In addition, Orend develops a new area in just war theory – the concept of ius post bellum – and justifies regime change as the goal of just war.


Author(s):  
Alec Stone Sweet ◽  
Clare Ryan

The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The authors then describe and assess the European Court’s progressivie approach to both the absolute and qualified rights. Today, the Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.


1987 ◽  
Vol 8 (x) ◽  
pp. 111-123
Author(s):  
Theodore Caplow

One thinks of him as a voluble, untidy little priest, his pockets stuffed with papers and his mind with projects. But the portrait in the mairic of his home town, St. Pierre-Eglise in Normandy, shows a face full of serenity and power. He bears a distinct resemblance to William Penn, another well-connected social inventor, who published his own plan for perpetual peace twenty years before St. Pierre.


Legal Theory ◽  
2018 ◽  
Vol 24 (3) ◽  
pp. 159-190
Author(s):  
Aravind Ganesh

ABSTRACTAfter defining Cosmopolitan Right as being limited to the conditions of “hospitality,” Kant includes “Wirtbarkeit” in brackets, a word that connotes innkeeping. Moreover, significant similarities obtain between the relevant passages of the Perpetual Peace and those of the Digest of Justinian on the obligations of ships’ masters, innkeepers, and stable keepers. Unlike for ordinary householders, hospitality for innkeepers is a legal obligation, not a matter of philanthropy: they have traditionally been deemed public officials with limited discretion to refuse travelers, and as fiduciaries of their guests strictly liable for losses to their property. This article attempts to explain Kant's concept of Cosmopolitan Right by analogy to the private law of innkeeping, and ultimately engages in the central philosophical debate about Cosmopolitan Right by accounting for Cosmopolitan Right solely from the “innate” right to freedom, rather than from “acquired” facts such as land or resource distributions or historical injustices.


Author(s):  
V. S. Rzhevska

The article investigates how the so-called perpetual peace projects contributed to the scholarly thought of international law. Such projects have been proposed for centuries and came to constitute a rather remarkable trend in human thought, many of them being created by people, prominent of history and representing various fields of activity. Although such projects may be considered an interdisciplinary invention, their contribution to the development of the concepts and ideas of international law can be esteemed as especially significant. The meaning of some famous examples of such projects is summarized. The conclusion is made that among the traces of the influence that the perpetual peace projects had upon the scholarly thought of international law are the preservation and propaganda of the idea of peace, the acknowledgment of law and its means as a valuable component of peace achievement, the investigation of the causes of peace-breaking and combating them, the formation of the principles of peaceful settlement of international disputes and of non-use of force or threat of force, the establishing of theoretical grounds for creating international organizations and elaborating the concept of collective security.


2004 ◽  
pp. 101-111
Author(s):  
Predrag Cicovacki

This essay examines the significance of Kant's transcendental philosophy by focusing on the central metaphors used in his works. The four metaphors singled out here are those of (a) the Copernican turn, (b) the land of truth and the ocean of illusion, (c) the starry heavens and the moral law, and (d) of perpetual peace. The author emphasizes the strong and the weak points of Kant's philosophy that these metaphors reveals, and argues that these central metaphors work together and point toward the two essential concerns of Kant's entire philosophical opus: (1) an active role of the creative subject in all forms of human experience, and (2) the boundaries of the subject's creativity. Further reflection should not only reveal some other metaphors and their role in Kant's philosophy, but also clarify how he himself understand the nature of metaphors: Are metaphors the expression of our creativity, or of the limitations of our creativity?.


2016 ◽  
Vol 16 (1) ◽  
pp. 77-92
Author(s):  
Konstantin Troitskiy ◽  
Keyword(s):  

Sign in / Sign up

Export Citation Format

Share Document