Re-evaluating Kant’s cosmopolitan law. European citizenship as a transition from the right to visitation to the right to residence
(2014) Revue française de science politique — Vol. 64, n° 1, p. 79-93 (2014)
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- Around the eighties, in the French-speaking philosophical community, an impassioned debate was still raging over two diverging understandings of the first and the second definitive articles of Kant's Perpetual peace project. Following Fichte, Alexis Philonenko defended the idea that the first article should overrule the second or, in other words, that a civic peace should first be established inside the Republic in order to convince neighboring states of the superiority of this political model. The spread of republicanism should then be the vehicle of world peace. Alain Renaut argued for a different lexical order regarding the two articles. According to him, no Republic can hope to preserve its internal democracy if it is under the threat of aggressive foreign interference. The second article should then overrule the first. Peace should be established before we can hope to spread republicanism. The project of perpetual peace could then be read either as a condemnation of revolutionary France's foreign policy or as its enthusiastic support. Nevertheless, both sides of the debate converge in a strange omission. They both turn a blind eye on the third article concerning the right of hospitality. This omission is made even more surprising by the text's brevity and by Kant's explicit mention of its systematic feature. In this paper, I will attempt to develop a two-fold argument. First, I would like to argue that minimizing the third definitive article leads to a misunderstanding. It deprives us from a crucial component of the perpetual peace and therefore gives us a biased view of how it should be implemented. This will be done following Stéphane Chauvier's book entitled Du droit d'être étranger. In a second time, I would like to tackle the watertight analytical distinction that Chauvier draws between the unconditional right of sojourn and the privilege of residence.
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Deleixhe, M. (2014). Re-evaluating Kant’s cosmopolitan law. European citizenship as a transition from the right to visitation to the right to residence. Revue française de science politique, 64(1), 79-93. https://hdl.handle.net/2078.5/176873 (Original work published 2014)