The Kantian Theory of International Law

Kant's accomplishment in the field of international theory and ethics is magnificent. Few other thinkers have successfully combined so many disparate elements of morality, politics, epistemology, and history in a theory of international law. The community of free nations envisioned by Kant will hopefully expand gradually and maintain itself, as it has done for the past two hundred years. . . . (102).

This high praise of Kant is a sign that the reader should be cautious in accepting Teson's views on Kant. However, his personal appreciation of Kant does not mean that he is wrong in his views. Teson may go a little overboard in praising Kant's ideas and mind (words like "genius" and "magnificent" abound) at times. In the passage above, Teson seems to be almost suggesting that Kant's ideas are responsible for the "community of free nations" and its expansion over two centuries. However, Teson is usually careful to keep his adoration for Kant separate from his analysis of Kant's ideas. Teson also provides reasoned support for his analysis of Kant's ideas, and e

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rnal justice (54). Such values "should underlie the relations among nations" (57-58), but in fact they often do not, except where these values happen to coincide with the need for the state to survive above all. Kant, however, recognizes the difference between the real world and the ideal world. He argues that the dualism must be resolved on the side of justice and freedom. Kant argues that the legitimacy of states should be based not on power but on the treatment of individuals. He advocates an international organization with the authority to ostracize nations which apply brute force to their own or other people, as Teson writes: Justice and legitimacy are always conceptually separate, but whereas in domestic law justice permeates legitimacy, in the international legal system the main goals are order and compliance. In contrast, the Kantian theory of international law rejects this dual paradigm and dual purpose, attempts to unify our theory of justice, and makes legitimacy depend on justice. Thus, there is only one theory of justice, embracing both global and national institutional arrangements (98). Law, ethics, reason, freedom, justice, and individual rights are all bound together in Kant's theory. Kant believes that states
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Approximate Word count = 1270
Approximate Pages = 5 (250 words per page)

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