Kantian Cosmopolitan Right
In: Politics and Ethics Review, Band 3, Heft 1, S. 57-72
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In: Politics and Ethics Review, Band 3, Heft 1, S. 57-72
In: Citizenship and Education in Liberal-Democratic Societies, S. 23-45
In: Citizenship and Education in Liberal-Democratic Societies, S. 299-319
In: Cooke , S 2013 , ' Perpetual strangers: Animals and the cosmopolitan right ' Political Studies .
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. ContraDonaldson 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. © 2013 Political Studies Association.
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In: Constellations: an international journal of critical and democratic theory, Band 7, Heft 1, S. 23-45
ISSN: 1351-0487
Explores Immanuel Kant's concept of "cosmopolitan right," arguing that his mandate for global political institutions contains a pluralist potential evidenced by the inclusion of justice as a consideration in regulating state-foreigner interactions. Kant sought to give foreigners moral respect while simultaneously allowing nations/groups to develop distinct ways of life. An examination of his understanding of humanity/human diversity indicates that his concept of cosmopolitanism was based on a view of humans capable of making individual choices that cannot be judged according to universal norms. Kant's impression of moral issues raised by conflicts among peoples who practice different collective ways of life is discussed, maintaining that he saw the European imperial effort as both an ethical & historical reality. In Metaphysics of Morals (1797), Kant stressed the need for justice at the domestic, international, & cosmopolitan levels of human interaction. Although he ultimately attacks imperialism by rejecting universal standards, his reasoning is partially based on the cross-cultural concepts of the distinctive human reason & freedom central to cultural practices. J. Lindroth
In: Constellations: an international journal of critical and democratic theory, Band 7, Heft 1, S. 23-45
ISSN: 1467-8675
In: Jurisprudence (forthcoming)
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In: European journal of political theory: EJPT, Band 20, Heft 3, S. 421-442
ISSN: 1741-2730
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 confederal 'league of nations'? However, while the systematic nature of Kant's tripartite 'doctrine of right' is well recognised, this debate has been conducted with all but exclusive focus on 'international right' in particular. This article, by contrast, brings 'cosmopolitan right' firmly into view. It proceeds by way of engagement with the two Kantian arguments made in defence of a 'league of nations' in discussion of international right, each of which appeals to aspects of states' supposed 'personhood': the first appeals to states' distinctive moral personality; the second to states' physical manifestation. The article considers what happens when we assess these arguments not just in light of the demands of international right, but also in light of cosmopolitan right, and thus in light of public right more comprehensively. The answer is that such arguments cannot succeed as full defences of a league of nations. Indeed, when we assess such arguments with cosmopolitan right in view, they point instead – either tentatively or definitively – in the direction of world government.
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 confederal 'league of nations'? However, while the systematic nature of Kant's tripartite 'doctrine of right' is well recognised, this debate has been conducted with all but exclusive focus on 'international right' in particular. This article, by contrast, brings 'cosmopolitan right' firmly into view. It proceeds by way of engagement with the two Kantian arguments made in defence of a 'league of nations' in discussion of international right, each of which appeals to aspects of states' supposed 'personhood': the first appeals to states' distinctive moral personality; the second to states' physical manifestation. The article considers what happens when we assess these arguments not just in light of the demands of international right, but also in light of cosmopolitan right, and thus in light of public right more comprehensively. The answer is that such arguments cannot succeed as full defences of a league of nations. Indeed, when we assess such arguments with cosmopolitan right in view, they point instead – either tentatively or definitively – in the direction of world government.
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In: Political studies: the journal of the Political Studies Association of the United Kingdom, Band 62, Heft 4, S. 930-944
ISSN: 1467-9248
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. Adapted from the source document.
In: Political studies: the journal of the Political Studies Association of the United Kingdom, Band 62, Heft 4, S. 930-944
ISSN: 1467-9248
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.
In: History of European ideas, Band 36, Heft 1, S. 61-70
ISSN: 0191-6599
In: History of European ideas, Band 36, Heft 1, S. 61-71
ISSN: 0191-6599
In: Analele Universității din Craiova: Annales de l'Université de Craiova = Annals of the University of Craiova. Seria Filosofie = Serie de philosophie = Philosophy series, Heft 50
My essay is dedicated to the analysis of aspects of Benhabib's interpretations of the birth of cosmopolitan rights. The expression "the right to have rights" is contained in different works of Seyla Benhabib: it refers, in the thought of Benhabib, to the birth of a new constellation of human rights. This new constellation of human rights consists in the claim, which every individual may raise, to be acknowledged and protected as a person by the world community. In Benhabib's view, rights and the interpretation of rights have profoundly changed after and thanks to the different covenants and conventions signed by the countries belonging to the world community for the protection of human rights: this process of transformation of the interpretation of human rights began with the Universal Declaration of Human Rights of 1948. The new dimension of human rights is a cosmopolitan one: it is not merely a national dimension. This new dimension overcomes the dimension of particular countries; it promotes, and, at the same time, it calls for the creation of new juridical spaces. Through this new dimension, moreover, individuals are no longer seen as being only citizens of a particular country: individuals are elevated, thanks to the new dimension of the rights, to the condition of world citizens possessing rights which are independent of their belonging to a particular country. Cosmopolitan norms create a new universe of values, of juridical meanings and of social relationships that did not exist at all before the creation of these norms. Seyla Benhabib has expressed the birth of the new constellation of rights in many of her works such as, for instance, The Rights of Others. Aliens, Residents and Citizens, Another Cosmopolitanism. With Commentaries by J. Waldron, B. Honig, W. Kymlicka, and Dignity in Adversity. Human Rights in Troubled Times. The new dimension of rights directly (that is, without the mediation of a particular country) connects every individual to the world community: the right dimension does not depend on a particular country and it is not limited to the validity it possesses within a particular country. The authority that corresponds to and is responsible for, at least, some rights of the individuals is the world community. The right of men qua men, that is, the rights independent of a determined citizenship and not coinciding with a determined citizenship emerge gradually, even though this process is steadily being affected by backlashes. As covenants and conventions signed by the countries of the world community, Benhabib mentions the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (adopted by the United Nations General Assembly on 9 December 1948); the Convention Relating to the Status of Refugees (approved on 28 July 1951); the International Convention on the Elimination of All Forms of Racial Discrimination – ICERD – (adopted by the United Nations General Assembly on 21 December 1965); the International Covenant on Civil and Political Rights – ICCPR – (adopted by the United Nations General Assembly on 16 December 1966); the International Covenant on Economic, Social and Cultural Rights – ICESCR – (adopted by United Nations General Assembly on 16 December 1966); the Convention on the Elimination of all Forms of Discrimination Against Women – CEDAW – (adopted by the United Nations General Assembly in 1979); the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – UNCAT – (adopted by the United Nations General Assembly on 10 December 1984).Within the new constellation of human rights, particular countries are being surpassed by the world community: particular countries do not represent the first and last authority for the acknowledgement of rights. Correspondingly, individuals possess determined rights qua human beings: to have certain rights does not depend on the individuals' possession of a particular citizenship; to have rights depends on the fact that individuals belong to mankind. A new dimension of the individuals comes about: individuals are not only citizens of a country; they are, first of all, human beings, and they have to be recognised as human beings. Benhabib sees a fundamental difference between the Westphalian and the post-Westphalian concept of country and rights. Within the Westphalian interpretation of rights, countries are the first and last authority for the acknowledgement of rights. Within the post-Westphalian interpretation of rights, countries depend on common values and on common principles which they have accepted: countries obligate themselves to the protection of definite rights and definite principles; this means that countries acknowledge these rights and these principles as being over the sovereignty of the countries themselves. A new dimension of countries, a new dimension of rights, and a new dimension of individuals arise at the same time. An indispensable presupposition for the promotion of the integration between inhabitants of a country is, according to Benhabib, that citizenship does not depend on ethnos: to belong to a definite ethnos ought not to be the condition for possessing citizenship. If the condition for possessing a citizenship depends on belonging to a definite ethnos, all the inhabitants of a country not belonging to the definite ethnos are automatically excluded from citizenship. This kind of condition for possessing the citizenship of a country is steadily being used to bring about the exclusion of definite inhabitants and groups of inhabitants, for instance, the exclusion of all the inhabitants that have been compelled to or are compelled to migrate to a country. Benhabib strongly differentiates between the concepts of ethnos and of demos as criteria for the possession of the citizenship: Whereas the concept of ethnos represents a closed concept, the concept demos represents a completely different conception as regards the conditions for membership: demos is a flexible concept, since demos can always be modified by political decisions. Benhabib is particularly firm when it comes to all the structures establishing the right to citizenship on belonging to an ethnos; she is likewise firm as to all the structures excluding certain inhabitants of a country from the right to citizenship because these inhabitants belong to a culture which is different from the culture of the majority of a country: a democratic institution may not afford to forever exclude inhabitants from acquiring citizenship; every kind of such an exclusion is, in the opinion of Benhabib, simply not compatible with a democratic order.To conclude, I believe it should be noted that Benhabib endorses a kind of flexible, dynamic interpretation of the concept of culture: this means that cultures do not constitute unchangeable patterns; cultures are structures continuously changing: they are dynamic patterns. Moreover, Benhabib considers all individuals as not being prisoners of their own culture; Benhabib does not accept concepts like culture essentialism or culture reductions, as if individuals essentially belonged to only a culture and as if individuals could be reduced to only a culture: individuals possess cultures, they are not possessed by them. All individuals maintain, in the opinion of Benhabib, autonomy in relation to their own culture: individuals are more than just a culture.
"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"--