Right of Entry or Right of Refusal? Hospitality in the Law of Nature and Nations

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Title Right of Entry or Right of Refusal? Hospitality in the Law of Nature and Nations
Author Baker, Gideon Bruce
Journal Name Review of International Studies
Editor Kimberly Hutchings
Year Published 2011
Place of publication United Kingdom
Publisher Cambridge University Press
Abstract This article explores the account of international hospitality found in the natural law tradition from Vitoria to Kant. Rather than limit itself to intellectual history, the focus here is on a more enduring theme: the double-bind of hospitality which the natural lawyers encountered in seeking to find a place for the welcome of the foreigner in the 'law of nations'. Although these thinkers agreed on a natural right of communication, this proved destabilising, even destructive, of the property claims by which hosts establish their domain as properly theirs in the first place. All struggled with this double-bind, though this took different forms, from the concern that the law of hospitality might thereby justify colonial appropriation to fears for how it could threaten sovereignty. Two thinkers arguably find a way out of the double-bind of right of communication-right of property in hospitality, but sacrifice the law of hospitality in the process: Pufendorf, subordinating communication to property, turns hospitality into charity and thereby effectively denies it status as a law of nature; Kant, putting communication first, makes hospitality a matter of right, not philanthropy, but also sees it as instrumental to the development of a global civil condition, where it would be redundant.
Peer Reviewed Yes
Published Yes
Alternative URI http://dx.doi.org/10.1017/S0260210510001269
Copyright Statement Copyright 2011 British International Studies Association. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Volume 37
Issue Number 3
Page from 1423
Page to 1445
ISSN 0260-2105
Date Accessioned 2011-06-15
Language en_AU
Faculty Griffith Business School
Subject International Relations
URI http://hdl.handle.net/10072/40682
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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