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Kant, Migration, and the Cosmopolitan Right Not to Be Treated with Hostility

  • Corinna Mieth

    Corinna Mieth is Full Professor for Practical Philosophy at Ruhr-University Bochum since 2010. She got her PhD from the University of Tuebingen (2002) with a book on “Utopian Thinking in Literature and Philosophy” and her Habilitation from the University of Bonn (2009) with a book on “Positive Duties”. She’s published on Kant’s Practical Philosophy, the Political Philosophy of John Rawls, Positive and Negative Duties, Human Dignity, Moralism, Global (In)justice and Challenges of Migration. She had Fellowships at the Research Institute for Philosophy, Hanover (2006–2007), the Ethics Center at the University of Zurich (2008), the Institute for Advanced Studies at Berlin (2020–2021) and the Fondation de la Science de L’Homme at Paris (2022). She was a visiting professor at Trinity College Dublin (2019) and the University of Rijeka (2022). Currently she’s leading a joint Germany/UK research project with Martin Sticker (Bristol) about “Using People Well and Treating People Badly: Towards a Kantian Realm of Ends and Means”.

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Kant’s Cosmopolitanism and Migration
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Abstract

In the Third Definitive Article For Perpetual Peace, Kant states that “hospitality (hospitableness) means the right of a foreigner not to be treated with hostility because he has arrived on the land of another” (TPP 8:357f.). I show that the right not to be treated with hostility has two dimensions, a legal and an ethical one. The legal dimension refers to hostile actions, the ethical one to hostile attitudes. In an ethical sense, Kant dismisses hostility as a vice that is rooted in “comparing self-love,” which leads to “secret or open hostility to all whom we consider alien to us” (Rel, 6:27), whereas he uses hostility as a technical term when it comes to hostilities between states. In the context of warfare, hostility can be legitimate against an aggressor. The aim of my paper is twofold: firstly, I will provide an account of what it means to treat someone with hostility and what kind of wrong this constitutes. I will focus on the individual level of wrongdoing by drawing on Kant’s formula of humanity. This formula has usually been interpreted as prohibiting the instrumentalization of others or treating them as mere means. However, this prohibition has a significant blind spot as it does not extend to other forms of wrongdoing, such as treating others with indifference or (unjustified) hostility. Here, taking a look at the Doctrine of Virtue is also helpful. Secondly, I will discuss what a right not to be treated with hostility in the context of migration to Western countries today could amount to.

Abstract

In the Third Definitive Article For Perpetual Peace, Kant states that “hospitality (hospitableness) means the right of a foreigner not to be treated with hostility because he has arrived on the land of another” (TPP 8:357f.). I show that the right not to be treated with hostility has two dimensions, a legal and an ethical one. The legal dimension refers to hostile actions, the ethical one to hostile attitudes. In an ethical sense, Kant dismisses hostility as a vice that is rooted in “comparing self-love,” which leads to “secret or open hostility to all whom we consider alien to us” (Rel, 6:27), whereas he uses hostility as a technical term when it comes to hostilities between states. In the context of warfare, hostility can be legitimate against an aggressor. The aim of my paper is twofold: firstly, I will provide an account of what it means to treat someone with hostility and what kind of wrong this constitutes. I will focus on the individual level of wrongdoing by drawing on Kant’s formula of humanity. This formula has usually been interpreted as prohibiting the instrumentalization of others or treating them as mere means. However, this prohibition has a significant blind spot as it does not extend to other forms of wrongdoing, such as treating others with indifference or (unjustified) hostility. Here, taking a look at the Doctrine of Virtue is also helpful. Secondly, I will discuss what a right not to be treated with hostility in the context of migration to Western countries today could amount to.

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