It is, by now, a well-established thesis that one major path that runs from Kant, through Fichte and Schelling, up to Hegel is defined by the conception of freedom as autonomy. It is less known and has been less frequently the object of study that from Kant to Hegel a new idea of life takes shape as well. Even less taken into account is the fact that these two paths from Kant to Hegel might be systematically intertwined. If the notion (...) of life in German Idealism is discussed at all, it has been discussed mostly in dealing with the philosophies of nature and biology of Kant and his successors. This framing is, of course, not wrong in itself; yet to my mind we can only fully account for the thought of what is living and the new interest that the idealist philosophies of nature actually deserve if we regard life as a practical notion. For the idealists, life is, as Fichte has it, an “analogue of freedom in nature,” and it describes the one form of object we can encounter in nature that possesses a kind of unity and organization that comes close to the unity and the organization of spirit. In various accounts of German Idealism, life is not only regarded as an analogue of a self-grounded order, but figures furthermore as a precondition of the actuality of freedom: It is in being alive that we might become free. How exactly this is so is of course not only a very complicated issue but also a contested one among Kant and his successors. In order to outline at least two basic approaches to relating ‘life’ and ‘autonomy,’ I would like to present a sketch of a reading of Kant, in whose works the analogy of life and autonomy first manifests itself, and of Hegel, who has to my mind most fully developed the potential of this constellation. (shrink)

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations.This is what Alexander Somek argues is the creation (...) of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world. (shrink)

For post-Kantian philosophy, “life” is a transitory concept that relates the realm of nature to the realm of freedom. From this vantage point, the living seems to have the double character of being both already and not yet free: Compared with the external necessity of dead nature, the living already seems to exhibit a basic type of spontaneity and normativity that on the other hand still has to be superseded on the path to the freedom and normativity of spirit. The (...) contributions in the third volume of the series Freedom and Law take their departure from Hegel in order to investigate the extent to which we need figures and concepts of the living to understand the genesis and structure of theoretical and practical self-determination. In these analyses, Hegel’s philosophy reveals itself as a thinking not restricted to a mere opposition between the determinations of life and the freedom of spirit, but rather conceives of a freedom that realizes itself in and through life: a freedom of life. (shrink)