Kant's Cosmopolitan Law and the Idea of a Cosmopolitan Constitution

Abstract

This chapter outlines a Kantian form of cosmopolitan law and the legal system involved in a cosmopolitan constitution. In doing so, this chapter explores and discusses Kant's notion of cosmopolitan law, the idea of cosmopolitan right, the laws of hospitality and a revised Kantian approach to constitutional cosmopolitanism. The chapter 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 moral and legal foundation for an international society. The chapter focuses on the possibility of a cosmopolitan order based on jurisprudence, the necessity of a minimal consensus bound by constitutional provisions, and the corresponding legal obligations maintained by cosmopolitan law.