Citation

Apel KO. Am. J. Econ. Sociol. 2007; 66(1): 49-70.

Copyright

(Copyright © 2007, John Wiley and Sons)

DOI

10.1111/j.1536-7150.2007.00497.x

PMID

unavailable

Abstract

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.