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Introduction -The Kantian Project of International Law: Engagements with Jürgen Habermas' The Divided West

Published online by Cambridge University Press:  06 March 2019

Extract

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After Habermas' Der gespaltene Westen was published in Germany in 2004 to wide acclaim, Polity Press published an English language edition of the book in 2006. The Divided West contains Habermas' recent writings on international law and, particularly, his landmark essay on “The Kantian Project and the Divided West – Does the Constitutionalization of International Law Still Have a Chance?” The essay constitutes the most elaborate contribution by Habermas on the challenges facing the international legal order today. While carefully unfolding his inquiry into the dynamics of international law within the current state of transatlantic relations and the role played by the United States in this and the global context, his essay has an objective beyond this. Habermas revisits Kant's concept of cosmopolitan citizenship and a world legal order, as elaborated in the essays “To Eternal Peace” and “Idea for a Universal History with Cosmopolitan Intent.” Habermas explores the chances of a revival Kant's thesis in a (post)-Kosovo and (post)-lraq Era of International Relations. Habermas' essay makes a number of poignant and provocative observations that have already been taken up in an increasingly global discussion.

Type
Research Article
Copyright
Copyright © 2009 by German Law Journal GbR 

References

1 Habermas, Jürgen, Does the Constitutionalization of International Law Still Have a Chance?, in The Divided West 115, 175 (Ciaran Cronnin trans., 2006)Google Scholar

2 Id. at 118 (a “politically constituted world society”).Google Scholar

3 Id. at 136–137, 140, 176.Google Scholar

4 Robert Kagan, Of Paradise and Power (2003)Google Scholar

5 Habermas, Jürgen, The Fall of a Monument, 4 German Law Journal 701 (2003); republished in 10 Constellations 364–370 (2003); reprinted as ch. 2 in The Divided West.Google Scholar

6 Jacques Derrida and Jürgen Habermas, February 15, or: What Binds Europeans Together. A Plea for a Common Foreign Policy, Beginning in Core Europe, in Old Europe, New Europe, Core Europe. Transatlantic Relations after the Iraq War 3 (Daniel Levy, Max Pensky & Torpey, John eds., 2005); republished as ch. 3 in The Divided West.Google Scholar

7 Jack Goldsmith & Eric Posner, The Limits of International Law (2005).Google Scholar