O projeto jusfilosófico de constitucionalização do direito internacional

Abstract

The political (or public) right of the modern state, in the twentieth century, passed through a structural metamorphosis extending its dominion to the supranational terrain. There is a remodeling and / or remaking of its guiding concepts. The principles that have structured the state in modernity have been revised and / or refuted, and the question now arises as to what path the political philosophy of law will follow. If, in modernity, it has limited itself to governing the State, today it is no longer limited by its borders. Its internationalization comes as much with the creation of the LN (League of Nations) as of the UN, in an attempt to submit the war to the law, to restrain the development of conflicts and to organize relations of cooperation between the States, in order to achieve peace among the peoples by means of a juridical organization of the coexistence of the States that provided the order and the rationalization of the world-wide society. With a possible juridicization of the politics in the post-national scope a democratic and human rights policy could be realized at world-wide level. Our article deals with the Kantian genesis of this project, its continuity with Kelsen and Bobbio and, finally, its resumption in the Habermasian thought.