PERSPECTIVES ON LEGAL COSMOPOLITANISM IN LIGHT OF KANTIAN PROJECT OF PERPETUAL PEACE

Abstract

This paper aims to revisit the ideal of perpetual peace proposed by Immanuel Kant (1724-1804) in light of the theses presented by Jürgen Habermas (1929) in “Kant’s Ideia of Perpetual Peace – with the Benefit of 200 Years’ Hindsight” (1995). It explores the transition in Kantian thought from a strong cosmopolitanism to a more lenient approach, centered on international law. The proposals of Habermas to reformulate the United Nations (UN) are analyzed, emphasizing the need for binding norms and a global constitution. This interdisciplinary research between philosophy and law also highlights contemporary challenges in maintaining state sovereignty in the face of globalization. The dialogue among philosophers Kant and Habermas and jurist Herbert Hart (1907-1992) reveals divergent perspectives on the construction of effective international law. In conclusion, the urgency of collaboration between philosophers and jurists is emphasized in the search for alternatives that promote peace and safeguard state sovereignty, underscoring the continued relevance of the Kantian theoretical framework in addressing contemporary challenges in the pursuit of a project for perpetual peace.