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A Cosmopolitan Legal OrderKant, Constitutional Justice, and the European Convention on Human Rights$
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Alec Stone Sweet and Clare Ryan

Print publication date: 2018

Print ISBN-13: 9780198825340

Published to Oxford Scholarship Online: June 2018

DOI: 10.1093/oso/9780198825340.001.0001

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Perpetual Peace and the Cosmopolitan Constitution

Perpetual Peace and the Cosmopolitan Constitution

(p.11) 1 Perpetual Peace and the Cosmopolitan Constitution
A Cosmopolitan Legal Order

Alec Stone Sweet

Clare Ryan

Oxford University Press

In Toward Perpetual Peace among States (1795), Kant outlined a blueprint for achieving peace and Right on the basis of six preliminary and three definitive articles, which are stated in the form of a treaty or constitution. In Europe, the definitive articles map onto a massive transformation of institutions that combined to enable the CLO to emerge. Political scientists have focused on Kant’s explanation of the absence of war among liberal states. Yet Kant himself prioritized a broader goal: the achievement of a Rightful condition among states and persons. In his essay, Kant argued forcefully to his conclusion that all state officials bear a moral duty to work to achieve a Rightful condition, while telling us little about how to proceed in practice. In subsequent chapters, the authors develop a Kantian-congruent account of a modern system of constitutional justice at both the domestic and transnational levels.

Keywords:   Kant, Perpetual Peace, cosmopolitan legal order, Rightful condition, transformation, hospitality, republican state, federalism

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