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2 Discourse Ethics, Democracy, and International Law: Toward a Globalization of Practical Reason
Author(s) -
Apel KarlOtto
Publication year - 2007
Publication title -
american journal of economics and sociology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.199
H-Index - 38
eISSN - 1536-7150
pISSN - 0002-9246
DOI - 10.1111/j.1536-7150.2007.00497.x
Subject(s) - transcendental number , relation (database) , discourse ethics , democracy , foundation (evidence) , law , state (computer science) , political science , epistemology , universal law , sociology , philosophy , politics , mathematics , algorithm , database , computer science
A bstract . This paper deals with the foundational “architectonics” (Kantian) at the ground of the internal relation between the three concepts raised in the title. First, I provide a short introduction into the ultimate foundation of practical philosophy by the transcendental‐pragmatic conception of discourse ethics . Then, I discuss the foundational relation between discourse ethics , positive law , and democracy as a constitutional state of law . Finally, I explore the foundational relation between human rights as part of universal law, the democratic state of law, and international law or jus gentium . By taking issue with Kant, Habermas, and Rawls, I try to show that a rational foundation of ethics, as well as a rational approach to the traditional problems of international law, is only possible through a critical transformation of Kant's approach via a transcendental‐pragmatic conception of discourse ethics.