Além do tempo

a perenidade do Weltbürgerrecht de Kant diante da abordagem de Rawls

Abstract

The primary objective of this essay is to critically examine and compare the core concepts of international justice as articulated by Kant and Rawls. Specifically, the focus centers on Kant's cosmopolitan law (Weltbürgerrecht) and Rawls' law of peoples. This analysis delves into the international dimensions of these theories, exploring key aspects such as the philosophers' perspectives on war, immigration, and the moral imperative to provide refuge for those in need. Throughout the article, a parallel examination of these theories will be conducted alongside contemporary developments in international law and the safeguarding of individual rights, particularly within the realms of human rights and refugee law. The aim is to elucidate how the authors grappled with the practicality of their theories, revealing them to be "realistic utopias" that aspire to transformative change while acknowledging the challenges of implementation. These themes were chosen due to their inherent connection to the discourse surrounding international justice and the pressing challenges faced by this discipline in the present era. By analyzing the theories put forth by two prominent political philosophers, we seek to provide a comprehensive framework for reflecting upon the complex issue of refugees in the modern world. Moreover, our intention is to demonstrate that Kant's theory, by embracing the inherent dignity and autonomy of individuals while emphasizing humanitarian and cosmopolitan duties, presents a more suitable approach for addressing the multifaceted challenges posed by refugees in our contemporary global landscape.