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ID090134
Title ProperLiving without freedom
Other Title Informationcosmopolitanism at home and the rule of law
LanguageENG
AuthorBohman, James
Publication2009.
Summary / Abstract (Note)For Kant and many modern cosmopolitans, establishing the rule of law provides the chief mechanism for achieving a just global order. Yet, as Hart and Rawls have argued, the rule of law, as it is commonly understood, is quite consistent with "great iniquities." This criticism does not apply to a sufficiently robust, republican conception of the rule of law, which attributes a basic legal status to all persons. Accordingly, the pervasiveness of dominated persons without legal status is a a fundamental violation of the rule of law. This legal status can be understood in Kant's sense as an original "right to freedom," one that is not derived from or acquired by membership in a community or from citizenship. The realization of this kind of legal status can already be found in the "cosmopolitan constitutions" of many democracies, which include rights of persons (and not just citizens) to habeas corpus and other statuses that protect those vulnerable to domination. In order that all persons have the appropriate institutional space within which to exercise the powers of persons to address and make claims, institutions such as human rights courts to which those who lack legal status can appeal and be recognized are necessary for a form of the rule of law that is adequate to current circumstances.
`In' analytical NotePolitical Theory Vol. 37, No. 4; Aug 2009: p.539-561
Journal SourcePolitical Theory Vol. 37, No. 4; Aug 2009: p.539-561
Key WordsRepublicanism ;  Rule of Law ;  Nondomination ;  Legal Status ;  Democracy