Transnational Justice - interpreting classic and contemporary theories of cosmopolitanism

Abstract

This thesis examines and attempts to give an answer to the following question: In what way can the international political order be reconfigured in order to achieve transnational justice, especially when referring to the problematic status of refugees and stateless persons? The goal of this thesis is to reconsider in what direction the international political order ought to be headed, given the assumption that it is her task to achieve transnational justice. It specifically focusses on the what and how of transnational justice: different interpretations will be discussed as well as ways to achieve it. By doing this, some light will be shed on some of the essential concepts that propel today’s discussion on political governance – such as state sovereignty, individuality and human rights. The philosophers whose work is to be considered in the following chapters share a common denominator: in one way or another their work touches upon the idea of cosmopolitanism. Thomas Pogge noted that cosmopolitans share at least these presumptions: i) that individual human beings are the ultimate units of moral concern, ii) this status applies to all humans equally, iii) everyone should be treated as ultimate units of concern by all others. It will become evident that cosmopolitanism is built up from these premises and that it ultimately justifies the basic principles of human rights, global democracy and social justice. This thesis will have the following structure. First of all, Chapter 2 gives an explanation why it should be relevant and important to examine the question of transnational justice. In Chapter 3, Immanuel Kant’s theory of state and cosmopolitan law will be discussed. In Chapter 4, the political theories of philosophers Hannah Arendt, Robert Fine and David Held will be properly introduced and explained. Their theories will be reconstructed in order to get an understanding of cosmopolitanism in terms of the present day. In Chapter 5 an important part of this thesis is put forward that consists in a comparative analysis of the classic and contemporary cosmopolitans – between Kant’s work and theories of Arendt, Fine and Held. Along with this comparison, a critical eye will be cast (by Costas Douzinas) on the function that human rights should have within the cosmopolitan discourse. Lastly, Chapter 6 will conclude this thesis.