The article shows firstly the analytical relationship between the German – based on theKant’s philosophy of law – federal order and its trial to be extended to the dimension of Europeancomplexity. Next, the article aims at answering the following questions: Is Kant’s (cosmopolitan)rule of law, which is promoted within the frames of European federal thought, more a friend or foeto entrepreneurship? In other words, does this norm not recode the classical free trade rule in thedirection of deontological inclusiveness of a market? Does linking EU funds or state’s subventionsfor companies with cosmopolitan rule of law norm makes that the return to a flexible free tradeattitude will be legally restricted, or even impossible? Or more, is the rule of cosmopolitan(deontological) law economically beneficial to the same extent either to entities with weaker capitalor rising economies and to companies with powerful capital and developed economies?
In recent years, in the European Union, constantly stronger tendencies have been observedthat refer to the actual extension of European Union institutions’ competencies to thoseareas of life that were not imposed to them by the decisions of member states in the treaties.This is how the process of federalization is supposed to look like – to aim at creating within theEU one ‘cosmopolitan empire’ in the place of current union of nations. The aim of the article is theattempt to reveal the characteristics of the spirit exposed by the European’s institutions of federativelaw and order, prove if it was really included in European documents and explain from which lawphilosophy it derives from, what it can mean – in the case of its institutional complementation – forthe understanding of traditional family and marriage pattern as well as pluralistic forms of life.In the article, I would also like to confront cosmopolitan federation’s idea with the spirit of classicaland Christian philosophy spirit as well as answer, among other things, to the following question:is the spirit able to face the multicultural and multinational European complexity, or is it ratherthe next historical attempt of ideological possession of nations, culture and axiology?
The paper refers to Michael Novak’s book The Spirit of Democratic Capitalism. In his book Novak advances, among others, the thesis that in the light of the encyclical Laborem Exercens, published by John Paul II (1981), one can speak about some converging elements of Catholic and liberal social thought, e.g.: the creativity of modern labour, which would reflect, however, in the two doctrines the theological symbols of the Creator and His creation. But this paper cools down the enthusiasm of Novak and in six analysed aspects seeks to show that, despite some convergence in the phraseology between “the spirit of democratic capitalism” and “the spirit of Christian ethics”, there extends between them an essential abyss, which is the result of basing each “spirit” on different models of ethics.
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