Constitutionalism as Mindset: Reflections on Kantian Themes About International Law and Globalization

TLDR

Globalization causes anxiety among international lawyers because its fluid dynamics undermine traditional diplomatic rules, while attempts to reimagine law in purely managerial terms are seen as shallow and objectionable. The article argues that constitutionalism, viewed as a mindset rather than a set of rules, offers no definitive solutions to international problems and that Kant’s writings support this view, implying that meaningful transformation requires professional and spiritual regeneration beyond legislation. The authors frame international problems through a constitutional vocabulary, citing Kant, to treat constitutionalism as a tradition and sensibility rather than institutional architecture. The study finds that Kant’s political writings endorse this mindset perspective, indicating that a meaningful international transformation demands professional and spiritual regeneration in addition to legislative or institutional intervention.

Abstract

Globalization is a topic of some anxiety among international lawyers. On the one hand, its fluid dynamics — fragmentation, deformalization and empire — undermine traditional diplomatic rules and institutions. On the other hand, the effort to reimagine international law in purely managerial terms appears intellectually shallow and politically objectionable. To avoid marginalization and instrumentalization, many lawyers have begun to think about international problems through a constitutional vocabulary and have often cited Kant in that connection. This Article argues that, while it is always possible to grasp the world through a constitutional vocabulary, this does not provide determinate answers to international problems. Instead of an institutional architecture or a set of legal rules, constitutionalism is best seen as a mindset — a tradition and a sensibility about how to act in a political world. Contrary to a widespread assumption, Kant’s political writings may also be read in this fashion and, if so, a meaningful international transformation might necessitate not only legislative or institutional intervention but a professional and perhaps spiritual regeneration.