DÁVILA, JOHNNY ANTONIO
No
Isonomia.
Article
Científica
01/01/2024
2-s2.0-85198989605
Luigi Ferrajoli has proposed the so-called Constitution of the Earth to face the serious global problems of our time. In Ferrajoli’s view, his proposal follows Kantian cosmopolitan ideas and envisions creating the Federation of the Earth, which would be Kant’s federation of peoples. This writing shows three problematic issues that emerge from such a regulatory project and undermine its strength. These three points are problematically connected to Kant’s legal ideas. First, it is argued that the Federation of the Earth has a different normative nature from the federation of peoples and is closer to the model of the world state that Kant mistrusted. Second, it claims that the inclusion of the democratic principle in the Constitution of the Earth is not a sufficient guarantee against despotic tendencies of some members of the Federation of the Earth and, third, it asserts that the concept of state of nature used by Ferrajoli does not fit the global normative reality. © 2024, Instituto Tecnologico Autonomo de Mexico. All rights reserved.
constitutionalism; cosmopolitanism; democracy; Federation of the Earth; Kant; state of nature