Adaletle yasal düzen arasında: Kantçı kozmopolitanizmi yeniden düşünmek
Özet
Modern cosmopolitanism, as an ethical/political project based on inalienable rights, embraces a tension between the aim of a political order protecting particular rights and the idea of openness to new right-claims. In this context, this study aims to outline Kantian cosmopolitanism and to point out that although we learn from this line of thought –from Kant to Habermas- the strong relationship between citizenship and cosmopolitan political imaginary, it is impossible to neglect the inherent tension of cosmopolitanism. Immanuel Kant, inarguably the founder of modern cosmopolitanism, outlines a three-layered juridical system of rights in order to guarantee individual autonomy and a lasting peace among nations. He defines the civil rights as the rights of citizens in their relation to each other and the state, the rights of nations as the rights of states in international realm, and the cosmopolitan right as the universal right of all human-beings in their peaceful relations in all over the world. Jürgen Habermas can be considered as the most influential and systematical successor of Kantian cosmopolitanism. After dealing with the problems of Kantian understanding of cosmopolitanism, Habermas reminds us that cosmopolitanism is strongly related to whether we conceptualize citizenship on the basis of national communities or constitutional principles. In spite of the importance of Habermas' arguments, it is my contention that his attempts to build the connection between claiming new rights and protecting them through a cosmopolitan constitution implemented by the UN results with limiting the capacities of publicity, which lies in the center of politics. That is why this study tries to explain that on the one hand, constitutional patriotism/citizenship is the true cosmopolitan proposal with its openness to establish transnational public spheres but on the other, a cosmopolitan institutional framework under a strong UN should be a subject of critique.