The Right of Circulation for Persons from Kant to Rosmini

The Transformations of the Jus Hospitalitatis in the Path Towards the Constitutional State

Abstract

The modern evolution of the subjects’ rights and the formation of the international law is highlighted, in an emblematic way, around the figure of the migrant and the challenge that the latter poses to constitutional law. Kant, Fichte and Rosmini offer three different perspectives on how to understand human dignity in a philosophical way and on how to translate it juridically into law, thus anticipating (in different ways) specific issues of the current debate. With Kant, Rosmini shares the cosmopolitan dimension of law, while, with Fichte, he recognizes the need for foundation.