Contra las tesis que sostienen que Kant presenta versiones empobrecidas, poco originales o timoratas de republicanismo, tolerancia e ilustración, aquí se argumenta que tales versiones kantianas son, con todos los matices que se quiera, tendencialmente radicales, y terminan por descansar en la coimplicación entre moralidad y estado constitucional y republicano de derecho.

What does the growing tide of displaced persons today teach us about the ongoing paradoxes of human rights regimes, which rely on the particular sovereignty of nation-states for their constitution and application but are framed and normatively justified as universal? Working with Arendt’s defense of ‘the right to have rights’ in response to the problem of statelessness which is the practical lynchpin of these historical and theoretical tensions, I specify that and why any person on earth, regardless of their legal (...) status as a national or resident or non-resident alien, can legitimately expect two things from the political community in which they reside: hospitality and membership. (shrink)

Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article examines (...) central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's. (shrink)