Imperfect Cosmopolis: Studies in the History of International Legal Theory and Cosmopolitan Ideas PDF
Preview Imperfect Cosmopolis: Studies in the History of International Legal Theory and Cosmopolitan Ideas
Political Philosophy Now Imperfect Cosmopolis Studies in the History of International Legal Theory and Cosmopolitan Ideas Georg Cavallar University of Wales Press political philosophy now IC.indd 1 17/03/2011 12:54:31 Chief Editor of the Series: Howard Williams, Aberystwyth University, Wales Associate Editors: Wolfgang Kersting, University of Kiel, Germany Steven B. Smith, Yale University, USA Peter Nicholson, University of York, England Renato Cristi, Wilfrid Laurier University, Waterloo, Canada Political Philosophy Now is a series which deals with authors, topics and periods in political philosophy from the perspective of their relevance to current debates. The series presents a spread of subjects and points of view from various traditions which include European and New World debates in political philosophy. For other titles in this series, please see the University of Wales Press website: www.uwp.co.uk IC.indd 2 17/03/2011 12:54:31 political philosophy now Imperfect Cosmopolis Studies in the History of International Legal Theory and Cosmopolitan Ideas Georg cavallar UniVERsity oF walEs pREss • caRdiFF • 2011 IC.indd 3 17/03/2011 12:54:31 © Georg Cavallar, 2011 All rights reserved. No part of this book may be reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or inciden- tally to some other use of this publication) without the written permission of the copyright owner except in accordance with the provisions of the Copyright, Designs and Patents Act 1988. Appli- cations for the copyright owner’s written permission to reproduce any part of this publication should be addressed to The Univer- sity of Wales Press, 10 Columbus Walk, Brigantine Place, Cardiff, CF10 4UP. www.uwp.co.uk British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. ISBN 978-0-7083-2367-0 (hardback) 978-0-7083-2382-3 (paperback) e-ISBN 978-0-7083-2368-7 The right of Georg Cavallar to be identified as author of this work has been asserted by him in accordance with sections 77 and 79 of the Copyright, Designs and Patents Act 1988. Printed by CPI Antony Rowe, Chippenham, Wiltshire IC.indd 4 17/03/2011 12:54:31 Contents Acknowledgements vii 1 Introduction 1 2 Vitoria, Grotius, Pufendorf, Wolff and Vattel: Accomplices of European Colonialism and Exploitation, or True Cosmopolitans? 17 3 British Enlightenment: the Triumph of Commercial Cosmopolitanism 39 4 Kant and the ‘Miserable Comforters’: Contractual Cosmopolitanism 64 5 Late Eighteenth-century International Legal Theory: from Cosmopolis to the Idea of Europe 85 6 Immigration, Rights and the Global Community: Pufendorf, Vattel, Bluntschli and Verdross 109 7 Conclusion 128 Notes 141 Select Bibliography 193 Index 205 IC.indd 5 17/03/2011 12:54:31 IC.indd 6 17/03/2011 12:54:31 Acknowledgements This book grew out of several papers I delivered at various confer- ences over the last three years, and articles I published in different journals. Above all, I want to thank my wife Angelika for her almost stoic indifference when I was continuously absent-minded, especially during shared meals, conversations, and whenever she had some- thing important to tell me. With kind amusement, she allowed me to work on this book which, in her opinion, has one major disadvan- tage: it is not going to make me rich. I am grateful to our children Clemens, Antonia and Valentina for tons of hugs, kisses, and laugh- ter. The Stoics conceived humans as surrounded by a series of con- centric circles, one of them being one’s immediate family. I realized the truth hidden in Edmund Burke’s famous statement that affec- tions begin at home, and that we should not forget to ‘love the little platoon we belong to in society’, as it is ‘the first link in the series by which we proceed toward a love . . . to mankind.’ I am indebted to many people for their help and continuous sup- port, sometimes for years, especially to Sharon Anderson-Gold, Gideon Baker, Moritz Csáky, Lisa Ellis, Bardo Fassbender, Jörg Fisch, Pauline Kleingeld, Chris Laursen, Rebecka Lettevall, Herta Nagl-Docekal, August Reinisch, Karl-Heinz Ribisch, Garrett W. Sheldon and, above all, Howard Williams. I am grateful to Uni- versity of Wales Press and their staff for their helpful and patient supervising of this book project. Several chapters are based on previous papers and articles: Chapter 2 was published in the Journal of the History of Interna- tional Law, 10 (2008), 181–209. Chapter 3 is a modified version of a paper delivered at a conference in Frankfurt am Main, and subsequently published in German. ‘Late eighteenth-century inter- national legal theory’ grew out of a conference at Tours, October 2007. Chapter 6 is based on ‘Immigration and sovereignty. Nor- mative approaches in the history of international legal theory (Pufendorf – Vattel – Bluntschli – Verdross)’, published in Austrian IC.indd 7 17/03/2011 12:54:31 viii impERFEct cosmopolis Review of International and European Law, 11 (2006), 3–22, and presented at a conference in Tilburg, The Netherlands, May 2007. I am fully aware of the fact that a book like this has its limita- tions. The range of publications I have consulted is limited, includ- ing only relevant ones in English and German. As English is not my native tongue, I should like to ask my readers’ forgiveness, still hoping that I have succeeded in presenting my ideas clearly and intelligibly in spite of this fact. In any case, I trust that this book is a convincing example of what in the first chapter I will call intel- lectual cosmopolitanism, and that my readers will be able to feel my fascination with the intellectually vibrant and fascinating eight- eenth century. IC.indd 8 17/03/2011 12:54:31
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