The legitimation and criticism of violence in international law. A po¬litical science perspective
This article considers the practice of justification of arbitrary use of force, which poses a paradox and was not foreseen in Kant’s peace project. It is paradoxical because modern international law — unlike classical law — is aimed not at regulating wars but maintaining peace. However, the UN Charter provides for the right to self-defence before the collective resolution is adopted. Despite rather strict legal restrictions and international court procedures, cases of abuse of this right occur on...
Duty and Coercion in Kant’s Republican Cosmopolitanism
This paper argues whether Kant’s cosmopolitanism entails a specific theory of coercion. I will especially tackle Kant’s account of international political order. First, I claim that Kant attributes a systematic role to the cosmopolitan right, what justifies considering this part of the doctrine of law as a necessary rational conclusion of the legal system, although its institutional embodiment differs from that required by the rights of states. I highlight that according to Kant states may not behave...
Antecedents to the idea of constitutional control in the French legal thought of the Enlightenment
In this article, I consider the institution of constitutional control and its development during the Enlightenment. I stress that enlighteners thoroughly disapproved of French parliaments as forerunners of modern bodies of constitutional justice and explain why this was the case. In an early modern state, conditions for constitutional control and its very possibility were viewed in conjunction with the principles of sovereignty and the division of power. I conclude that the enlightenment doctrine...
Do Historians Need Categories of State Cordiality and Incurable Wounds?
Historical examples reveal the peculiarities of bilateral intergovernmental relations. There are two non-convertible variants, based on the positive contribution of the actual international agent into the formation of a new state — the prospective added value variant — or aimed at deliberated suspension/breach of relations — the prospective tension variant. This suspension of sovereignty leaves a permanent scar in the national memory and leads to continuous alienation of the states.
1.
Путин В...
The democratic aspects of the notions of "general will" in the social philosophy of Jean-Jacques Rousseau, Immanuel Kant, and Sergey Gessen
This article analyses the interrelation between general will and democracy in the philosophical systems of J.-J. Rousseau and I. Kant, their influence on the concept of general will, and its connection with democracy in the philosophy of S. Gessen. The author compares the classical system of division of powers, supported by J.-J.Rousseau and I. Kant, and the new system proposed by S. Gessen.
1.
Гессен С.
И.
Идея нации // Избр. соч. М., 1998.
2.
Его же.
Политическая свобода и социализм...
Kant on the rights of citizens in matters of religion: The concept of religious tolerance in the German Enlightenment
... einem glückseligen, galanten und vergnügten Leben zu gelangen, oder: Einleitung der Sitten-Lehre, Halle.
18. Wolff, Chr. 1747, Jus naturae methodo scientifica pertractatum. Pars septima, Halle.
Kant, natural law, religion, church, clergy, rites, sovereign, state
Kryshtop L. E.
24-32
10.5922/0207-6918-2017-2-2
