The right to the “possibility of acquiring rights”: Cosmopolitan right and migration in Fichte's doctrine of right

This essay aims to bring to light the distinctive features of Fichte's construal of cosmopolitan right in the Foundations of Natural Right—in comparison to Kant's—in the light of the current philosophical debate on migration and global justice. The paper is articulated in three steps. First, it analyzes the addressees and content of Fichte's cosmopolitan right by emphasizing its limited scope: by focusing on those individuals who do not come “from any state,” Fichte's discussion of cosmopolitan right foreruns Arendt's philosophical theorization of statelessness and the “right to have rights.” Second, it considers Fichte's justification of cosmopolitan right—and its compatibility with his justification of private property rights—by stressing its ontological anchoring in the notions of “absolute will,” “personhood,” and “original right.” Finally, the essay considers the systematic position of cosmopolitan right with regard to the “right of nations” and the “right of a state” in Fichte's doctrine of right by giving special attention to the range of reasons that, according to Fichte, can legitimate the rejection of a stranger.