How Kantian is Kelsen’s Early Theory of International Law?

Abstract

In this article, the author examines the influence of Immanuel Kant’s philosophical ideas on Hans Kelsen’s early theory of international law. He situates Kelsen’s work within the post-World War I context, where Kant’s vision of perpetual peace significantly impacted the creation of international organizations. The article delves into Kelsen’s seminal work “Das Problem der Souveränität und die Theorie des Völkerrechts,” exploring how Kelsen’s pure theory of law parallels and diverges from Kant’s concepts. While Kelsen’s ideas were shaped by Kantian philosophy, particularly in promoting a lawful international order, Kelsen transcended Kant by developing a more rigorous, epistemologically grounded legal theory. The author argues that Kelsen’s adaptation of Kantian principles reflects both a continuation and transformation of Kant’s vision, tailored to the political and cultural challenges of early 20th-century Europe.