The Rights of Strangers: Theories of International Hospitality the Global Community and Political Justice since Vitoria / Edition 1

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Overview

This study investigates the thinking of European authors from Vitoria to Kant about political justice, the global community, and international hospitality as one special form of interaction among individuals of divergent societies, political communities, and cultures. Taking an interdisciplinary approach, it covers historical material from a predominantly philosophical perspective, interpreting authors who have tackled problems related to immigration rights under the heading of international hospitality. Their analyses of the civitas maxima or the societas humani generis covered the nature of the global commonwealth. Their doctrines of natural law (ius naturae) were supposed to provide what we nowadays call theories of political justice.
The focus of the work is on international hospitality as part of the law of nations, on its scope and justification. For Vitoria, international hospitality was not a matter of benevolence or goodwill on the side of the natives, but a right foreigners could enforce if denied. It included the freedom of residence, nationalization, and citizenship in his account. It is predominantly a study in intellectual history which contextualizes ideas, but also emphasizes their systematic relevance.

Author Biography: Dr Georg Cavallar, Bundesgymnasium, Vienna, Austria.

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Editorial Reviews

Booknews
An intellectual history of the thinking of Europeans about political justice, the global community, and international hospitality as a special form of social and political interaction. Covering the period between the 16th-century Spanish Scholastics to the writings of Immanuel Kant, the author focuses on the development of natural law theory and argues that most of the problems tackled by the natural law theorists are of systematic relevance to today's globalizing world. He finds the arguments of the thinkers studied to be surprisingly consistent overtime, as exemplified by the recognized tensions between natural justice and implicit or explicit consent and the tensions between reasonable and unreasonable constraints on commercial interaction. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780754606321
  • Publisher: Ashgate Publishing, Limited
  • Publication date: 2/1/2002
  • Edition number: 1
  • Pages: 430
  • Product dimensions: 6.14 (w) x 8.90 (h) x 1.06 (d)

Table of Contents

Foreword
Introduction 1
Ch. 1 The Present and the Past: Iustitia, Cosmopolis and Hospitalitas 13
1 Issues of international ethics and law 13
2 Political and cultural contexts: Globalization, modern, postmodern and anti-postmodern confusions 17
3 Intellectual history: Objectivity, methodology and the dialogical approach 27
4 Iustitia: Moral minimalism and political justice 46
5 Cosmopolis: Ancient and medieval foundations 59
6 Hospitalitas: Interaction, commerce, and trade 71
Ch. 2 Vitoria and the Second Scholastic 75
1 European colonialism and Amerindian rights 75
2 Natural law and human rights 80
3 Vitoria's lecture 'On the American Indians' 84
4 Vitoria's law of nations as a theory of political justice 90
5 The problem of humanitarian intervention 98
6 The right of hospitality 107
7 An assessment of Vitoria's achievement 113
Ch. 3 The Age of Hugo Grotius 121
1 Beyond scepticism: A modern theory of natural rights 124
2 Justice or Consent? 134
3 The 'great society of states' and the law of nations 138
4 The ocean as common property and 'the sacrosanct law of hospitality' 144
5 The contributions of Francisco Suarez and Alberico Gentili 156
6 The Gortian legacy and the origins of modern international law 162
Ch. 4 In the Shadow of Leviathan: Hobbes to Wolff 169
1 Hobbes on the state of nature and sovereignty 173
2 The domestic analogy 179
3 Pufendorf I: The society of states 189
4 Pufendorf II: The imperfect right of hospitality 201
5 Wolff I: Civitas maxima, or the universal commonwealth 208
6 Wolff II: International hospitality qualified 215
7 Contextualizing theory: State practice and hospitality rights 221
Ch. 5 The Age of Enlightenment 229
1 Natural law, history, sociability, and commercial society: Pufendorf to Smith 230
2 The failure of conquest, agriculture, hospitality and free trade 253
3 The attack on and transformation of natural law 276
4 La societe generale du genre humain: Rousseau on cosmopolitanism, international relations and republican patriotism 284
5 The synthesis of natural law and state practice: Vattel and Moser 306
Ch. 6 Kant and the Ius Cosmopoliticum 321
1 Revolution and synthesis 323
2 Kant's global commonwealth 338
3 Political and cultural contexts: European perspectives on Chinese and Japanese isolationism 350
4 The scope and legitimacy of cosmopolitan right 359
5 Epilogue: The rights of strangers in the nineteenth century 368
Conclusion 391
Selected Bibliography 403
Index 417
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