Kantian Political Philosophy and the Social Contract
Legal Freedom
Legal freedom, together with independence and freedom, is one of the essential characteristics of a citizen of a state. Legal freedom responds to the principle of not obeying a law to which we have not previously given our consent; i.e., that those who obey the law must be direct or indirect perpetrators thereof. The state must ensure this principle and allow the coexistence of individual freedom through political rights and the existence of individual legal autonomy for the defense of the general will of the people.
The Social Contract
The Social Contract is an expression that refers to the hypothetical agreement by which people decided to create a civil state to leave the state of nature where they lived before. Because the violent passions of men should be countered with the power of the state, each individual is protected by law and the recognition of their property. What is missing in the state of nature is the law and an authority endowed with the power to enforce the laws. Thus, only the state ensures civil and public law by the power that ensures compliance with the law. The state of peace is not a natural state.
The Right of Nations
The Right of Nations should be based on a federation of free states, and this law governs relations between states to ensure peace. It is impossible to force rulers to join the federation. This law serves as a means of giving up the state of nature and entering into society through the social contract. The federation seeks to avoid military conflict between states, resolving them with a body of law. War can only be prevented by creating some kind of international organization for peace.
Democracy and Despotism
Democracy is a despotic form of government; there is no separation of powers or political representation, nor any guarantee of the rights of freedom, equality, and citizenship. In this sense, democracy is the worst of despotisms. In a democracy, the power is held by the people through voting. Therefore, there is an oppression of the majority over minorities because they never reach unanimity.
Cosmopolitan Right
Cosmopolitan Right is defined by universal hospitality; that is, it is the right of any alien not to be abused for appearing in a society other than his own. This law is a relationship between states and citizens as members of a global human community. We oppose foreigners taking possession of our territory, but never their right to visit.
The State of Nature
The State of Nature is the state in which man finds himself before the foundation of society. It is the absence of legal principles governing relations between individuals, so it is a wild, lawless freedom—a state of war. Insecurity in the state does not depend on one not having any rights, but on the fact that in that state there is no public right which has the support of a power to enforce the laws. A man in the state of nature is a threat.