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Kantian Constitutional Jurisprudence and a Minimal Ethical Foundation for a Cosmopolitan Order

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Kantian Constitutional Jurisprudence and a Minimal Ethical Foundation for a Cosmopolitan Order Garrett Wallace Brown Department of Government London School of Economics and Political Science Submitted for the Degree of Doctorate of Philosophy March 2006 1 UMI Number: U215B9B All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U215393 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 10 7 n =} 22. Abstract The purpose of this project is to outline a Kantian form of cosmopolitan theory in relation to the normative requirements necessary for a constitutional global order and to provide a comprehensive defense of cosmopolitan ethics against realist, pluralist and communitarian critiques. The project consists in a theoretical exploration of Kantian cosmopolitanism and the normative requirements consistent with, and necessary to, a Kantian based cosmopolitan constitution. The project addresses such topics as Kantian cosmopolitanism, the principle of cosmopolitan law, cosmopolitan right, the laws of hospitality, the normative principles behind the idea of a federation of states, a cosmopolitan epistemology of culture and a possible normative basis for a Kantian form of global distributive justice. Contrary to many historical conceptions of cosmopolitanism, the project interprets Kantian cosmopolitan thought as a form of international constitutional jurisprudence that requires minimal ethical / legal demands versus the more rigorous demand of establishing a world state or a utopian moral order. By viewing Kantian cosmopolitan theory as a form of international jurisprudence, it has better promise to satisfy communitarian, realist and pluralist concerns without surrendering cosmopolitan principles of human worth and global ethical order. In contrast to an extreme form of cosmopolitanism, this project provides an alternative Kantian version of cosmopolitanism that allows for various ethical perspectives on a culturally local and state level, while providing a minimal global ethical umbrella for international cooperation and cosmopolitan principles. However, this thesis does not represent a strict interpretation of Kant or of his political theory. What this project provides is a Kantian based form of cosmopolitanism, which not only pulls from Kant, but also from contemporary cosmopolitan arguments found throughout political philosophy. In this regard, it provides a more comprehensive understanding of Kantian cosmopolitanism and what normative implications this vision has for contemporary international political theory. 2 Table of Contents Abstract Acknowledgments Song of the Universal Introduction I. An Abridged History of Cosmopolitan Thought and the Connections to Kantian Cosmopolitanism II. Contemporary Cosmopolitan Themes and the Distinctiveness of a Kantian Approach to Cosmopolitanism III. Some Concerns and Critiques of Kantian Cosmopolitanism IV. Kant the Cosmopolitan versus a Kantian form of Cosmopolitanism V. Thesis Summary Part One 1. Kantian Cosmopolitan I. Moral Foundations of Kantian Cosmopolitanism II. Cosmopolitanism, Globalization and Kant’s Problematic Theory of History III. Cosmopolitan Jurisprudence and the Foundation for a Cosmopolitan Matrix IV. Cosmopolitan Jurisprudence and the Development of a Cosmopolitan Matrix V. Conclusion 2. Kantian Cosmopolitan Law and the Idea of a Cosmopolitan Constitution I. Cosmopolitan Law and a Condition of Cosmopolitan Right II. Cosmopolitan Right and the Laws of Hospitality III. Kantian Constitutionalism and the Idea o f a Cosmopolitan Constitution IV. Conclusion Part Two 3. State Sovereignty, Federation and Kantian Cosmopolitanism I. A Kantian Move from Natural Law to Lawful Cosmopolitanism II. The Definitive Articles of Perpetual Peace and the Jurisprudence of Kantian Cosmopolitanism III. The Scope of Federation and Kantian Cosmopolitanism IV. Kantian Cosmopolitanism and its Relationship to Contemporary International Relations Theory V. Conclusion 4. Cultural Difference and Kantian Cosmopolitanism I. Claims from Culture: Cultural Relativism and Cultural Pluralism II. Some Confusion Regarding Cultural Communities and Identity III. Kant’s Pragmatic Anthropology and the Cosmopolitan Alternative to the Reductionist Sociology of Culture IV. Cultural Relativism and the Critique of Kantian Universalism V. Coexist versus Cohere: Kantian Cosmopolitanism and Cultural Pluralism VI. Conclusion: Kantian Cosmopolitanism and Diversity 5. Kantian Distributive Justice and the Capability for Effective Autonomy I. Normative Principles of Kantian Distributive Justice II. Kantian Social Welfare and Distributive Justice III. Effective Autonomy and Capabilities for Freedom IV. Effective Autonomy and Cosmopolitan Concerns for Distributive Justice V. Conclusion 6. Conclusion: Applied Theory and a Continued Cosmopolitan Enthusiasm I. Implications of Kantian Constitutional Cosmopolitanism: Globalization, Global Markets and Inequality II. The Protection of Cosmopolitan Right and the Global Forum III. Humanitarian Assistance and Global Justice IV. The Idea of Universal Human Rights as a Basis for Cosmopolitan Right V. Conclusion Bibliography Acknowledgments Toward the middle of my thesis I had the wonderful opportunity to have an extended lunch with Katrin Flikschuh and Daniele Archibugi. During what developed into a two-hour discussion, we debated the meaning and nature of Kantian cosmopolitanism and how it should be understood. By the end of the conversation we agreed on one point. That whatever Kantian cosmopolitanism is, it is not easily understood. Daniele concluded our lunch by suggesting another commonplace between everyone at the table, the shared belief that Kant was not an idiot. Throughout the trails and tribulations of a doctoral thesis on Kantian cosmopolitanism it is easy to sometimes feel like an idiot. To reduce this feeling I have sought expertise and valuable advice from people along the way. A number of people deserve special mention for their efforts. I owe much appreciation to John Charvet who has been willing to read substantial portions of this thesis and who has kindly offered constructive comments while sharing a few bottles of wine. In addition, Paul Kelly, Katrin Flikschuh, Daniele Archibugi, Brian Barry, Rodney Barker and John Gray are just a few who have commented on various chapters of this thesis and deserve mention for their keen observations. It is also important to mention that this thesis has benefited greatly from questions raised within the Political Philosophy Seminars at the London School of Economics. My colleagues have provided wonderful criticism and support and it is my hope that I repaid the favor with my own dedication to their work. My supervisor Cecile Fabre, who carefully read multiple versions of everything I wrote with uncompromising dedication and academic vigor, gave the most vital assistance. Her force of logic and ability to balance criticism with unfailing support has been invaluable. She has been an outstanding friend and mentor for which I am eternally indebted. Much appreciation is also due to my advisor and boss on the Project on Global Institutional Design, David Held. Not only has he provided sage advice and criticism as my thesis advisor, but he has also taken a personal interest in furthering my academic career. His guidance and enthusiastic support has made all the difference and it is because of his continued confidence to promote my academic future that I launch into academia with a sense of optimism. Furthermore, I am very appreciative of the time spent exploring this thesis by my two examiners, Jeremy Waldron and Kim Hutchings. Not only did they make the viva experience an enjoyable one, but they also posed some challenging and difficult exploratory questions that will help to strengthen and broaden this thesis, when and if, it is ever published. There are those that say that writing a doctoral thesis is a lonely and isolated experience. Gratefully I have had the opportunity to develop friendships with outstanding people who have not only provided me with wonderful companionship, but have also been excellent intellectual sparring partners with which to test my ideas. This circle of friends has eliminated any feeling of loneness. The incomparable Sujith Kumar, James Gregory and Girish Daswani all deserve my most profound appreciation for their continued friendship and love. A special mention however is reserved for Camille Monteux. Her companionship has had a tremendous positive effect on my life and on the success of this project. Her love and support made all the difference. A doctoral thesis is not a cheap experience. Since teaching at the LSE pays next to nothing, I have relied on economic assistance and grants from various organizations and 5 private parties. I would like to thank the Academy of World Studies, LSE’s John Charvet Research Scholarship, Victor Jin and my spiritual guru Martin Skewes-Cox for their generous contributions, support and research grants. It is nice to know that
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