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IMMANUEL KANT
ON PERPETUAL PEACE
A PHILOSOPHICAL SKETCH
Translated
from the German by Ian Johnston of Vancouver Island University, Nanaimo, BC,
March 2012
(This
document may be downloaded for personal or classroom use and distributed to
students in a printed or electronic form without permission and without charge.
No commercial use of this text is permitted without the written consent of the
translator. For detailed copyright information please use the following
link: Copyright. If you would like
a pdf or Word version of this text or a booklet which you can print
and distribute to students, please contact Ian Johnston.
Note that
all phrases in square brackets within the text have been added by the
translator. The endnotes from Kant’s text begin with the phrase: [Kant’s note].
All other endnotes have been added by the translator.]
We do not
need to determine whether the satirical phrase Perpetual Peace inscribed
above the painting of a graveyard on a Dutch innkeeper’s sign is directed at
human beings in general, or at rulers of states in particular, who never can
have enough of war, or perhaps merely at philosophers who dream the sweet dream
of peace. However, the author of this essay would like to stipulate one
point: the practical politician adopts a particular stance towards the
political theorist—he looks down on him with great self-satisfaction as a
pedant, whose empty ideas pose no danger to the state, which must proceed on
principles drawn from experience. And so people can always let the
theorist play at knocking down his eleven skittles all at once, without the
worldly wise statesman concerning himself about it. This being the case, if a
quarrel between the theorist and the statesman arises, the latter should always
act consistently and not sniff out dangers to the state behind the former’s
opinions, which he ventures to offer and which he expresses publicly with no
ulterior purpose. With this clausula
salvatoria [saving clause] the
writer of this tract wishes formally and emphatically to acknowledge that he is
protected against all malicious interpretation.
SECTION ONE
CONTAINING THE PRELIMINARY ARTICLES FOR A PERPETUAL PEACE AMONG STATES
1. No peace
treaty which is drawn up with a secret reservation of some matter for a future
war will be considered valid.
For in
such a case the treaty would, in fact, be merely a truce, a suspension of
conflict, but not peace, which means an end to all hostilities, so that to
attach that word “perpetual” to it is a suspicious pleonasm. The existing
causes of future wars may at the time of the treaty perhaps not yet be known
even to the contracting parties, but every one of those causes becomes null and
void through the treaty of peace, even if perspicacious and skilful research
could dig them up out of archival documents. Silent reservations (reservation mentalis [mental reservations]) concerning old
claims to be considered at some time in the future, issues which neither party
brings into the discussion at this time, because they are both too worn out to
continue the war, while still nurturing the evil desire to use the first
favourable opportunity to pursue these claims—that tactic belongs to Jesuitical
casuistry and, judged in and of itself, is beneath the dignity of rulers, just
as a willing participation in this kind of thinking is beneath the dignity of
one of their ministers.
But if, given
enlightened ideas about shrewd statesmanship, the true glory of the state rests
on the constant increase in its power by any means whatsoever, this conclusion
will naturally appear academic and pedantic.
2. No state
standing on its own (whether it is small or large is irrelevant here) can be
acquired by another state through inheritance, exchange, purchase, or donation.
For a
state, unlike the soil on which it sits, is not a possession (patrimonium)
but a society of people, which no one other than itself may command or dispose
of. It is like a tree trunk with its own roots, and to incorporate it, like a
graft, onto another state means that one is destroying its existence as a moral
person and reducing it to a thing. This, therefore, contradicts the idea of the
original contract, without which no right over a people is conceivable.* Everybody understands
what dangers this prejudiced way of acquiring states, which stems from the belief
that nations could even marry one another, has brought to Europe right up to
our own day (other regions of the world know nothing about it). This has been,
in part, a new kind of industry enabling states to make themselves powerful
through family alliances without squandering their forces and, in part, a way
of expanding the territory they possess.
Moreover,
lending the soldiers of one state to another for money to fight against an
enemy who is not hostile to the first state should be included here, for the
subjects of that state are, in this case, used and abused as if they were
things for the state to deal with however it wishes.
3. Over time
standing armies (miles perpetuus) shall be completely abolished.
For
standing armies constantly threaten other states with war, because their
preparedness makes them look as if they are always equipped for one, and they
encourage nations to compete with one another in the number of their armed
forces, a contest which has no limit. Moreover, given the amount of money spent
on standing armies, in the long run peace becomes even more oppressive than a
short war, and thus standing armies are themselves the cause of aggressive
conflicts launched to ease this financial burden. In addition, paying men to
kill or be killed seems to involve using human beings as mere machines and
tools in the hands of someone else (the state), and this practice cannot be
properly reconciled with the rights of humanity in our own person. The
situation is entirely different with the periodic and voluntary exercises of citizens
under arms, for in this way they keep themselves and their fatherland safe
against attacks from beyond their borders.
If the
state accumulates a large sum of money, that would have the same effect as a
standing army, because it is viewed by other states as a military threat and
would force them to make a pre-emptive attack. For of the three
powers of the state—the power of armies, the power of alliances,
and the power of money—the third would probably be the most reliable
instrument of war, if the difficulty of discovering how much money was involved
did not create obstacles.
4. No
national debts shall be incurred in connection with the foreign affairs of the
state.
When the
intention is to help the domestic economy (improve roads, create new
settlements, establish stores of resources for difficult years of crop failure,
and so on), then the expedient of seeking aid outside or inside the state is
above suspicion. But when a system of credit is used as an instrument of power
by states against each other and grows out of sight, yet remains a secure debt
for present demands (because all the creditors do not demand payment at the
same moment), it becomes a dangerous financial power. For this ingenious invention
of a commercial people [England] in this present century
creates a treasure for carrying out war, a fund which is greater than the
financial resources of all other states collectively. It cannot be exhausted
except by an impending tax default (although that will still be postponed for a
long time because of the trade stimulus created by the repercussions of the
credit on industry and commerce). This easy way of engaging in war, combined
with the inclination of rulers to do so, something which seems to be incorporated
into human nature, is consequently a great obstacle to perpetual peace. Hence,
forbidding this use of credit must be a preliminary article of such a peace,
all the more so because bankrupting the state, which is eventually inevitable,
must involve many other states in the loss, through no fault of their own, and
publicly harm them. That being the case, these other nations are justified at
least in forming alliances among themselves against such a state and its arrogant
ways.
5. No state
shall use force to involve itself with the constitution and government of
another state.
For what
can justify such an action? Perhaps the offense which one state gives to the
subjects of another? But the example of the great evil which people have
brought on themselves because of their lawlessness can serve instead as a
warning. And generally the bad example which one free person gives to another
(as a scandalum acceptum [a received offence]) is
no injury to the latter.* But the case is
different if inner dissension splits a state into two parts, each of which
represents itself as a separate state claiming the whole. For an external state
to provide assistance to one of these parts could not be considered
interference in the constitution of the other state (for at the time it is in a
condition of anarchy). However, as long as this inner conflict has not yet
reached this stage, such interference by external powers would be an abuse of
the rights of an independent people merely struggling with its own internal
sickness and would thus itself, in fact, constitute an offence and make
the autonomy of all states insecure.
6. No state
at war with another shall permit acts of hostility which would necessarily make
mutual trust in a future peace impossible. Such acts include using assassins
(percussores) and poisoners (venefici), breaching the terms of
surrender, inciting treason (perduellio) in the enemy state, and so on.
These are
dishonourable stratagems. For even in the middle of a war there must be some
trust in the way the enemy thinks, because otherwise no peace could be
concluded, and the hostilities would turn into a war of extermination (bellum
internecinum). But war is merely the miserable expedient of asserting one’s
rights by force in a state of nature, where there is no tribunal which could
use the power of law to render judgment. In war neither of the two parties can
be declared an unjust enemy, because that would presuppose that a judicial sentence
had already been made. However, the outcome of the conflict (as in a so-called
judgment of God) determines which side is in the right. But between states a
punitive war (bellum punitiuum) is inconceivable, because with them
there is no relationship of superiors and inferiors. Thus, it follows that a
war of extermination in which the annihilation extended to both sides and which
could, in the process, strike at all rights, would allow perpetual peace to
occur only over the vast graveyard of the human race. Hence, such a war, along
with the use of those methods which lead to it, must be absolutely forbidden.
What makes it clear that the above-mentioned methods invariably lead there is
the fact that once these hellish and inherently despicable arts are employed,
they do not long confine themselves within the limits of war, as we see from
the use of spies (uti exploratoribus), a practice in which people
take advantage of the dishonesty of others (which can never be eliminated once
and for all). These arts are then carried over even into a condition of peace.
In this way, the goal of peace is totally destroyed.
* * *
Although
the laws listed above are objectively (that is, as far as the
intention of the rulers is concerned) merely prohibitive laws (leges prohibitivae),
nevertheless, some of them are of the strict kind, which are
valid in all circumstances (leges strictae) and which demand the immediate
abolition of something (for example, Numbers 1, 5, and 6). Others, however,
(like Numbers 2, 3, and 4), which are not exceptions to the rule of law,
nevertheless, with respect their application, are subjectively broader
(leges latae). They take circumstances into account and entail
permission to postpone their application, provided one does not, however, lose
sight of their purpose. For example, in the case of Number 2, this principle
does not mean that one is permitted to delay until doomsday (or as Augustus
used to promise, ad calendas graecas [to the Greek calends])
reinstituting the freedom of certain states which have been deprived of it, so
that their liberty would never be restored, but only that a postponement is
permitted so that one is not overhasty and thus acting in such a way as to
counter the very purpose of the law. For the prohibition here concerns
only the manner of acquisition, which is no longer valid. It
does not refer to the state of possession, which, although it does
not have the requisite title of right, nonetheless has been considered
lawful by public opinion in all states at the time of the putative acquisition.*
SECOND SECTION
WHICH CONTAINS THE DEFINITIVE ARTICLES FOR A PERPETUAL PEACE
AMONG STATES
The
condition of peace among human beings who live beside each other is not a
natural situation (status naturalis), for the natural state is
rather a condition of war. In other words, although there is not always an
outbreak of hostilities, nevertheless there is a constant threat that this will
occur. The state of peace must therefore be established, for the
cessation of hostilities is not yet a guarantee of peace, and unless such a
guarantee is given by each group to its neighbour (which can only happen under
conditions governed by law) one party, who has been demanding such
a guarantee, can treat the other as an enemy.*
THE FIRST DEFINITIVE ARTICLE FOR PERPETUAL PEACE
THE CIVIL CONSTITUTION IN EACH STATE SHALL BE REPUBLICAN
The republican constitution
is founded, firstly, in accordance with the principles of the freedom of
the members of a society (as human beings), secondly, in accordance
with the principles of the dependence of all of its members on
a single common system of laws (as subjects), and, thirdly, in
accordance with the law of equality of its members (as
citizens). Hence, this form of constitution is the only one which emerges
from the idea of the original contract, upon which all legitimate legislation
of a people must be based.* Where the issue of
rights is concerned, this is also the constitution which inherently and
originally lies at the foundation of every form of civil constitution. So now
the only question is this: Is it also the only constitution which can lead to
perpetual peace?
Now,
apart from the integrity of its origin—for it sprang up from the pure source of
the concept of right—the republican constitution also promises to obtain the
desired result, namely, perpetual peace. The reason is as follows: If (as must
be the case with a constitution like this) the consent of the subjects is
required in order to resolve the question whether there should be a war or not,
nothing is more natural than for them to consider very carefully whether they
should launch such a dreadful gamble. For they would inevitably be deciding
whether to bring upon themselves all the horrors of war (these would include
the following: having to fight battles themselves, paying for the costs of the
war out of their own goods, making wretched attempts to repair the devastation
which war leaves in its wake, and finally, to crown their misery, assuming a
burden of debt which will make even peace itself something bitter and which
will never be paid off, because new wars will always be an imminent threat). By
contrast, in a constitution where the subject is not a fellow citizen, that is,
a state which is not republican, deciding to launch a war is the most trifling
concern in the world, because the ruling power is not a civil comrade but the
owner of the state. With his fine table, his hunting, his pleasure palaces, his
court holidays, and so on, he does not suffer in the least from the war, and
thus he can make the decision to fight for petty reasons, as if it were a sort
of pleasant outing, and without worrying about a justification for going to war
in order to look respectable. He can leave that unimportant matter to the diplomatic
corps which is always prepared to assist with such things.
* * *
So that
people do not confuse a republican constitution with a democratic one (as
commonly happens), it is necessary to make the following remarks. The forms of
the state (civitas) can be distinguished either by the difference
between the people who possess the highest power in the state or by the way the
people are governed by the ruling power, whatever it may be. The first is
properly called the form of the sovereignty (forma imperii),
and it has only three possible options, depending on whether one person,
or several people working in combination, or all the people who
collectively make up the civil society possess the ruling power (in other
words, an Autocracy, where a monarch has the power, an Aristocracy,
where the nobles have the power, or a Democracy, where the people
have the power). The second way of distinguishing the form of the state is
by the form of the government (forma regiminis).
This involves the way the state makes use of its supreme power, an arrangement
based on the constitution (the act of the general will by which a crowd of
people becomes a nation). From this point of view the form of government is
either republican or despotic. Republicanism rests
on the political principle of separating the executive power (the government)
from the legislative power. Despotism is the form in which the state
arbitrarily executes laws which it has given itself. Thus, it will carry out
the public will to the extent that this is the same as the private will of the
ruler. Of these three forms of the state, democracy is, in the
proper sense of the word, necessarily despotism, because it
establishes an executive power in which everyone makes decisions for and, if
necessary, against any individual who does not agree with them. Therefore, all
the people who decide are not really all the people, a situation in which the
general will contradicts itself and the principle of freedom.
In fact,
every form of government which is not representative is
really no form at all, because no lawgiver can be, in one and the
same person, also the one who carries out his own will (any more than the
general major principle in a syllogism can be at the same time
the subsumption of the particular under that principle in the minor
premise). Although the other two state constitutions, [autocracy and
aristocracy], are always defective, insofar as they leave room for such a form
of non-representative government, nonetheless, with them it is at least
possible that they come close to the spirit of a
representative system in the way they shape the government. Thus, Frederick II
at least used to remark that he was merely the highest servant
of the state.* The democratic form,
by contrast, makes that impossible, because in it everyone wishes to be master.
One can
therefore say the following: the smaller the number of people holding state
power (i.e., the number of rulers) and, on the other hand, the greater the
number of people they represent, the more the state’s constitution agrees with
the possibility of republicanism, and they can hope with gradual reforms
eventually to raise themselves to that level. For this reason, reaching this
single perfectly legitimate constitution is more difficult with an aristocracy
than with a monarchy, and with a democracy it is impossible, except through a
powerful revolution.
However,
for a nation the form of government is incomparably more important than the
form of the constitution (although a great deal depends on how much or how
little the constitution is appropriate to the goals of government).*But if the form of government
is to conform to the concept of right, it must incorporate the representative
system—the only form in which a republican style of ruling is possible and
without which (no matter what the constitution) the government is autocratic
and violent. None of the older so-called republics understood this, and
for that reason they inevitably dissolved into an absolute despotism, which, of
all despotisms, is most easily endured under the sovereignty of a single
individual.
SECOND DEFINITIVE ARTICLE OF PERPETUAL PEACE
THE LAW OF NATIONS SHALL BE BASED ON A FEDERATION OF FREE
STATES
Nations,
as states, could be judged like human individuals who, in their state of nature
(i.e., in their independence from external laws) inflict injuries on each other
by the very fact that they live in close proximity to each other. Every nation
can and should, for the sake of its own security, demand from the
others that they should combine with it under a constitution similar to one in
a civil state, in which each of them can have its rights protected. This would
be an alliance of nations. However, it would not have to consist of
a single state made up of these nations, for that would create a contradiction,
since every state involves a relationship between those above (the
ones who make the laws) and those below(the ones who obey, namely,
the people), and many nations in a single state would amount to only a single
nation, a situation which contradicts what we are assuming (for here we have to
take into account the right of nations with
respect to each other, to the extent that they exist as so many separate
nations and are not to be fused into a single state).
We look
with profound contempt on the attachment of savages to their lawless freedom,
on the way they would rather fight each other constantly than subject
themselves to the restraint of laws which they themselves establish, and thus
on their preference for a wild freedom over a rational one, and we consider
them a crude, uncivilized, and brutal degradation of humanity. Thus, one would
think that civilized peoples (each one united in its own state) would hurry to
come out of such a depraved condition as soon as possible. But instead of this
each state considers its majesty (the majesty of a people is a meaningless
expression) arises directly from its not being subject to any external legal
compulsion, and the glory of its ruler stems from the fact that without his
even having to place himself in any danger, many thousands stand at his command
prepared to be sacrificed for some cause which is of no concern to them.* The difference between
the European savages and those in America consists for the most part in the
fact that, while many American tribes have been totally devoured by their
enemies, those in Europe know a better way of using the people they have
conquered than making a meal of them: they prefer to have them increase the
number of their subjects and thus the quantity of instruments for still more wide-ranging
wars.
Given the
viciousness of human nature, which reveals itself openly in the unrestrained
relations of nations with each other (whereas in a lawful civil condition the
constraints of government keep it heavily veiled), one could well be amazed
that people have not yet been able to banish the word right entirely
from the politics of war as pedantic and that no state has as yet been so bold
as to advance this opinion in public. For Hugo Grotius, Puffendorf, Vattel,
and others (all of them merely tiresome comforters) are always sincerely cited
as justification for an outbreak of war, although their legal
codes, whether treated in a philosophical or diplomatic manner, have not and cannot
have the slightest legal force (because the states as such do
not stand under any common external compulsion), and there is not a single example
of a state which was ever moved to give up what it planned to do by means of
arguments, even those armed with the testimonies of such important men.* However, this homage
which every state pays to the concept of rights (at least verbally) shows that
there exists in human beings an even greater moral predisposition, although it
may be asleep at the moment, at some point to become masters of the evil
principle in them (for they cannot deny its existence). And they have the same
hope for others. If they did not, the word right would never
be mentioned by states who wish to attack each other, unless merely as a joke,
like that Gallic prince who remarked: “The privilege that nature has given the
strong over the weak is that the weak are to obey them.”
The ways
in which states prosecute their rights can never involve a judicial process, as
they could if there were an external tribunal. Their only resort is war. But
even if with war and a favourable outcome in victory, the question of rights
will not be determined. A peace treaty may well bring this particular war to an
end, but not the condition of war (people can always find a new pretext, which
we cannot declare obviously unjust, because in this situation everyone is a
judge in his own cause). Nevertheless, the principle which holds that, according
to natural rights, human beings in lawless circumstances “should move out of
this condition” does not, thanks to the rights of nations, apply precisely to
states, because, as states, they already have an internal legal constitution
and thus have developed beyond the point where others can, according to their
concept of right, forcefully bring them under a wider legal constitution.
However,
reason, on the throne of the loftiest moral-giving power, absolutely denounces
war as a legal procedure and, by contrast, makes the condition of peace an
immediate obligation. But without a compact of nations among themselves, peace
cannot be founded or secured. Hence, it requires a special form of alliance,
which one could call an alliance for peace (foedus pacificum).
This would not be the same as a peace treaty (pactum pacis),
for, while the latter seeks merely to end a particular war,
the former seeks to put an end to all wars forever. This
alliance does not seek to acquire any power whatsoever of the state but merely
to maintain and guarantee the freedom of a state for itself
and at the same time the freedom of other states in the alliance. But these
states are not required to subject themselves to public laws and their coercive
power (as happens with people in a state of nature).
Our
ability to implement this idea of federalism (its objective
realization), which is to extend itself gradually over all states and thus lead
to perpetual peace, can be readily demonstrated. For if fortunate circumstances
lead to the point where a powerful and enlightened people can form themselves
into a republic (which, according to its nature, must be inclined to perpetual
peace), it will provide a central point of a federal union for other states, so
that they can attach themselves to it and in this way secure the condition of
freedom for states, in accordance with the idea of the right of nations.
Gradually, with more alliances of this kind, the federation can extend further
and further.
It is
understandable that a people should say, “There shall be no war among us. For
we wish to form ourselves into a state, that is, we shall on our own make
ourselves a supreme legislative, governing, and judicial power, which will
resolve our quarrels peacefully.” But when this state says, “There shall be no
war between me and other states, although I recognize no supreme legislative
authority which will guarantee my rights and those of the other states,” then
it is impossible to understand what it is on which I should ground my trust in
my rights, unless it is the surrogate for the alliance basic to civil society,
namely, on a free federalism, which reason must of necessity link to the idea
of the rights of nations, if in fact there is anything further to think about
in relation to that idea.
The
notion that the rights of nations contain a right to make war is
truly unintelligible, for that would be a right to determine what is
legitimate, not in accordance with the universally valid laws restricting the
freedom of every individual, but by using one-sided maxims driven home by
force. Thus, we must understand the rights of nations as follows: people who
think this way about war get everything they deserve when they destroy each
other and thus find eternal peace in the wide grave which covers all the
atrocities of violent acts, along with those who initiate to them. According to
reason, there can be no way for states, in their relationships with each other,
to emerge from a condition of lawlessness, which entails never-ending war,
unless they give up their lawless savage freedom, in the same way individual
human beings have done, and learn to live under public and coercive laws and,
in the process, construct an ever-growing state of nations (civitas
gentium), which would end up including all the nations of the earth. But
since nation states, according to their ideas of national rights, have no
desire for this, they reject in hypothesi [in
practice] what is correct in thesi [in
theory].* Thus, if we are not
to lose everything, instead of the positive idea of a world republic,
only its negative surrogate of an enduring and
ever-expanding alliance preventing war may check the flow of
hostile tendencies which reject the idea of rights, although there will
constantly be a danger that war will break out (Furor impius intus .
. . fremit horridus ore cruento—Vergil [Impious
inner fury with bloody lips roars savagely] Aeneid 1.294
ff.).
THIRD DEFINITIVE ARTICLE FOR PERPETUAL PEACE
THE RIGHTS OF HUMAN BEINGS AS CITIZENS OF THE WORLD SHALL BE
RESTRICTED TO THE CONDITIONS OF UNIVERSAL HOSPITALITY
The issue
here, as in the previous article, is not one of philanthropy, but of right, and
here hospitality (Wirtbarkeit) means the right of a
stranger who arrives in the land of someone else not be treated by him in a
hostile manner. The latter can turn the stranger away, if this can be done
without bringing about his death, but so long as the new arrival acts
peacefully, he cannot treat him as an enemy. The stranger cannot claim
the rights of a guest (which would require a special
charitable compact of friendship to make him for a certain period a member of
the household) but rather the rights of a visitor. All human beings
share in a right to present themselves to society, by virtue of their right to
a common possession of the surface of the earth, on which, since it is a globe,
people cannot be scattered for infinite distances but finally have to put up
with living in close proximity to each other. But no one originally had more
right to a particular place on earth than anyone else. Uninhabitable parts of
this surface, like the sea and deserts, divide this human community, but in
such a way that a ship or a camel (the ship of the desert) makes it possible
for people to approach each other over these unclaimed regions and thus to make
use of their right to the surface of the earth, which men share in common, for
potential social interaction. The absence of hospitality along the sea coasts
(for example, the Barbary Coast), the habit of plundering ships in nearby seas
or of making slaves of stranded sailors or in deserts—where people (for
example, the Arab Bedouins) believe that their proximity to the nomadic races
gives them the right to rob them—is thus contrary to natural law, that is, the
privilege of those visiting a foreign land, a right which does not extend
further than the conditions which make it possible for them to attempt to
interact with the original inhabitants. In this way, distant parts of the world
can enter into peaceful relations with each other. These relations may end up
becoming publicly governed by law, and thus the human race will finally be able
to bring a cosmopolitan constitution closer to realization.
If we
compare these examples with the inhospitable conduct of the
civilized nations, especially with the trading states of our part of the world,
the injustice which they demonstrate in their visits to
foreign lands and peoples (which they consider equivalent to conquest)
fill us with horror. America, the Negro lands, the Spice Islands, the Cape, and
so on were for them, at the time of their discovery, lands which
belonged to no one. For they considered the inhabitants nothing at
all. In the East Indies (Hindustan) using their intention to establish
trading posts as a mere pretext, they brought in foreign troops, and, along
with them, the suppression of the inhabitants, the incitement of the different
states of the Indies to widespread wars, famine, turmoil, disloyalty, and the
entire litany of evil which can oppress the human race.
China and
Japan (Nipon) had made an attempt to cope with guests like this and have
therefore acted wisely.* China permits them
coastal access but not entrance into the country, and Japan gave the same
permission to only one European people, the Dutch, who, even so, are treated
like prisoners and prohibited from social intercourse with the inhabitants. The
worst result of this—or, from the standpoint of a moral judge, the best—is that
all these trading societies get no satisfaction from their violence, for they
are all close to ruin. The Sugar Islands [Caribbean Islands]—the
headquarters of the most horrific and deliberate slavery—have yielded no real
profit, but only an indirect one, and what they produce is nothing to boast
about. For they serve to train sailors for warships and thus to carry on more
wars in Europe. And this is done by powers which loudly proclaim their piety
and, as they drink up injustice like water, wish to be considered among the
elect for their religious orthodoxy.
The
greater or lesser social interactions among the nations of the earth, which
have been constantly increasing everywhere, have now spread so far
that a violation of rights in one part of the earth is felt everywhere. Hence,
the idea of a cosmopolitan right is not a fantastic, hysterical way of
imagining rights, but a necessary completion of the unwritten code of both
national and international law for the public rights of human beings generally
and so for perpetual peace. Only under the conditions of international law can
we flatter ourselves that we are continually approaching such a peace.
FIRST SUPPLEMENT
CONCERNING THE GUARANTEE OF PERPETUAL PEACE
What
provides the guarantee of perpetual peace is nothing less than
the great artist nature (natura daedala rerum [nature
the fashioner of things]), whose mechanical course clearly shows a
purposeful design to allow harmony to emerge from the conflicts among human
beings, even against their will. That is why this power, when it works as a
necessary causal force by laws unknown to us is called fate, but
when we consider its purposefulness in the course of the world and see it as
the profound wisdom of a Higher Cause directed at the objective and ultimate
purpose of the human race and predetermining world events, we call it providence.* We do not, in fact,
truly recognize this providence in the artistic formations of
nature, nor do we make conclusions about it on the basis of
these designs, but, as in all connections between the forms of things and their
final causes generally, we can and must merely supply the idea of a
higher cause in order to create for ourselves a concept of their
possibility, using the analogy of human artistic actions. But to form a picture
for ourselves of their relationships to and their harmony with a final moral purpose,
which reason at once prescribes for us, is an idea which from a theoretical point
of view transcends our experience, but from a practical point
of view is dogmatic, and its reality is well established (for example, in connection
with the idea of our having a duty to perpetual peace and
using the mechanism of nature in its pursuit). And when, as in this case, our
concern is merely with theory (and not with religion) the use of the word nature is
also more appropriate, given the limits of human understanding (for in
considering the relationship of effects to their causes, we must remain within
the boundaries of possible experience). It is also more modest,
because to use the expression providence to describe something
we could know would be the height of presumption—we would be putting on the
wings of Icarus in order to come closer to the secret of its unfathomable
design.*
Now,
before we go into this guarantee in greater detail, we first have to explore
the circumstances which nature has arranged for those people who act on her
great stage, conditions which finally make her assurance of peace necessary.
Only after that will we consider the manner in which she provides this assurance.
The
arrangements by which nature provides for us consist of the following: (1) she
has seen to it that human beings can live in all regions of the world; (2) by
means of war she has scattered them everywhere, even in the
most inhospitable regions, so that these will be populated; (3) by the very
same means she has forced people to enter into more or less lawful
relationships. Surely it is wonderful that in the
frozen deserts around the Arctic Ocean, moss still grows, which the
reindeer scrapes off from under the snow, so that it can serve as food or draw
the sled for the Ostyiak or Samoyed, or that salty sand deserts have
the camel, which seems to have been created for travelling through them, so
that those areas will not be left unused. But nature’s purpose is even more
evident when we learn how, in addition to the fur-bearing animals on the shores
of the Arctic Ocean, there are seals, walruses, and whales, whose flesh provides
food for the people living there and whose oil gives them fire. But nature’s providential
care excites the most admiration through the driftwood which she brings to
these barren shores (without our having any clear idea of where it comes from).
Without this material the inhabitants could not make their means of
transportation or their weapons or even the huts where they live.
In this
region they have enough to do warring against animals, so that they live
peacefully amongst themselves. But what drove the people there was
probably nothing other than war. Among all the animals, the first one men used
as an instrument of war was the horse, which they had
learned to tame and domesticate at the time the earth was being populated (for
the elephant belongs to a later age, a period of luxury for already established
states). Similarly, the art of cultivating certain types of grasses
called grains—ones whose original qualities we no longer know—as
well as the copying and refining of different varieties of fruit by
transplanting and grafting (perhaps in Europe of only two species, the crab
apple and the wild pear) could arise only under conditions produced in already
established states, where there was secure ownership of land, after human
beings had moved beyond the earlier lawless freedom of a life of hunting,
fishing, and herding animals to a life of working the land.* Now salt and iron
were discovered, which were perhaps the first articles searched out far and
wide for the commercial interactions of different peoples and through which
they were initially brought into a peaceful relationship with
one another and so developed a mutual understanding, a sense of community, and
peaceful relations, even with those living further away.
Now,
while nature has seen to it that human beings could live in
all regions of the earth, she has, like a despot, also willed that they ought to
live all over the earth, even when they had no inclination to do so and even
without assuming that this ought is linked to an idea of duty arising
from a moral law which would bind them to her. Instead she has chosen war as
the way to achieve this end. For we see certain peoples whose shared ancestry
is revealed in the common features of their speech, like the Samoyeds of the
Arctic Ocean, on the one hand, and a people whose speech is similar living two
hundred miles away in the Altai Mountains [in Central Asia], on the
other. Between these two another people, namely, the Mongols, who ride horses
and are therefore warlike, have inserted themselves and thus driven one part of
the original race far away from the other, into the inhospitable icy regions,
which they certainly had no inclination to move to on their own.* In the same way those
Finns living in the northernmost regions of Europe, who are called Laplanders,
are just as far distant from the Hungarians, whose language is related to
theirs, because of the intrusion of Gothic and Sarmatic peoples
between the two. And what else but war, which nature uses as her means to
populate all regions of the earth, could have driven the Eskimos (perhaps
ancient European adventurers, a race completely different from all Americans)
into the north and the Pescharais into the south of the Americas,
right down to Tierra del Fuego?
War,
however, does not require a particular reason for its motivation but appears to
be grafted onto human nature, even as something inherently noble, to which men
are inspired through an urge for glory, without being motivated by selfish
desires. As a result, courage in war (among the American
savages as well as among Europeans in the age of chivalry) is considered
something of immediate and great value, not merely when war is
going on (as is reasonable), but also in order to encourage war.
Wars have often started merely to demonstrate this courage, so that an
inner worth has been attributed to war in and of itself. Even
philosophers have praised war as a certain ennoblement of human beings,
ignoring the proverbial expression of that Greek who said, “War is bad, for it
makes more evil people than it destroys.” So much, then, about what nature
does in pursuit of her own purpose concerning the
human race as a class of animals.
Now we
come to the questions which concern the essential feature of this design for
perpetual peace: “What does nature do in this respect with reference to the
purpose which man’s own reason establishes as a duty for him? Hence, what does
nature do to encourage his moral intentions? And how does she provide
a guarantee that man will do those things which he ought to
do, according to the laws of his freedom, and yet fails to do, without injuring
his freedom by using her coercive power? How does nature do this in accordance
with the three forms of public right: constitutional rights, international
rights, and cosmopolitan rights? When I say of nature
that she wills this or that to happen, it does not mean that
she imposes a duty on us to do it (for that can only be done by the practical
reason acting without any constraints) but rather that she does it
herself, whether we are willing or not (fata volentem ducunt, nolentem
trahunt [The fates lead the willing but drag the unwilling]).
1.
Even if a people were not forced by their inner quarrels to place
themselves under the compulsion of public laws, a war from outside would
nonetheless compel them to do so, according to the previously mentioned design
in nature, through which every nation finds another neighbouring people
pressuring it, and it must form itself internally into a state in
order to be equipped, as a power, against this external nation. Now a republican constitution is the only one
which is perfectly adapted to the rights of human beings, but it is also the
most difficult to establish and is even more difficult to maintain, so much so
that many have asserted that a republic must be a state made up of angels,
because human beings, given their selfish tendencies, are incapable of such a
sublime form of constitution. But now nature comes to the assistance of that
admirable but in practice powerless general will of human beings, grounded in
reason. She does this precisely through those selfish tendencies, so that the
only issue which matters is a good organization for the state (which is
certainly within human capabilities), is one in which the state’s inner forces
are directed against each other in such a way that one checks the destructive
effects of the others or neutralizes them. Thus, the outcome, from the point of
view of reason, is as if neither of them were present, and so the human being,
even if he is not a morally good person, is nonetheless compelled to be a good
citizen. The problem of establishing a state, as difficult as that sounds, can
be resolved, even for a nation of devils (provided only that they have reason).
We may explain the issue as follows: “A large number of reasonable beings who
collectively require general laws for their own preservation and yet each of
whom is inclined secretly to exclude himself from their control have to be
organized and a constitution has to be established for them, so that, even if
in their private feelings they work against each other, these feelings
nonetheless act as a check against each other in such a way that in their
public behaviour the effect is the same as if they had no such evil feelings.”
There must be a solution to such a problem. For we do not have
to know how to achieve moral improvement in human beings, but only how to use
the mechanism of nature on people in order to direct the conflict of their
hostile attitudes in such a way that they mutually require each other to submit
themselves to the control of law and so have to introduce a condition of peace
in which the laws have force.
We can
observe this happening in actually existing states, even ones which are very
imperfectly organized, so that in their external relationships they are already
coming very close to what the idea of right prescribes, although their inner
morality is certainly not the cause (and we should not expect a good political
constitution to come from this inner moral principle but rather the other way
around—for good moral culture among a people first comes once such a
constitution is in place). Thus, the mechanism of nature through these selfish
inclinations, which naturally work against each other in their external
effects, can be used by reason as a tool to create room for the realization of
reason’s end goal, the rule of right, and in the process also promote and
safeguard both inner and external peace, to the extent that the state has power
to do that. And so the issue here is as follows: nature irresistibly wills that
right finally has supreme power. What people neglect to do here will finally be
accomplished on its own, although with a great deal of inconvenience. “If we bend
a reed too much, it breaks, and the person who wants to do too much, does
nothing” (Bouterwek).*
2.
The idea of international law assumes the separation of
many neighbouring states independent of one another. Although in such a
situation a condition of war already inherently exists (unless a united
federation of these states prevents an outbreak of hostilities), nonetheless,
according to the idea of reason, this is still better than the fusing together
of these nations thanks to a power which has come to dominate the others and
has transformed itself into a universal monarchy, because, as the extent of the
government’s control increases, the laws always keep losing some of their
influence, and a soulless despotism, once it has rooted out the seed of good,
finally sinks into anarchy. However, every state (or its ruling power) desires
to establish a lasting condition of peace in this way, so that, if possible, it
rules the entire world. But nature wills it otherwise. She
uses two means to prevent nations from intermingling and to keep them separate:
the differences in the languages and in the religions,
which bring with them a tendency to mutual hatred and pretexts for war.* But the developing
culture and the way people gradually come closer to a greater agreement in
principle lead to a common understanding about peace, which, unlike that
despotism (the graveyard of freedom), is produced and secured not by a
weakening of all forces, but by a balancing of the most energetic competitive
forces.
3.
Just as nature, on the one hand, judiciously separates nations
which the will of each state, even according the principles of international
right, would be happy to combine into one by duplicity or force, so, on the
other hand, by using mutual self-interest, she also unites states which the
idea of a cosmopolitan right would not have kept safe from violence and war.
She achieves this with the spirit of commerce, which cannot
co-exist with war and which sooner or later seizes every nation. For among all
powerful means at the state’s disposal, the power of gold may
well be the most reliable. Hence, states find themselves driven to promote
noble peace (naturally what motivates them to do this does not come from morality)
and, wherever in the world war threatens to break out, to avert it through
negotiation, just as if they were in a permanent alliance for this purpose.
Great coalitions formed for waging war can, according to the nature of things,
happen only very rarely, and they succeed even more rarely. In this way,
through the mechanisms in human inclinations, nature guarantees perpetual
peace—not, it is true, with sufficient certainty for us to prophesy the
future (theoretically), but still well enough from a practical point of view.
And this makes it a duty for human beings to work towards this goal (which is
not merely illusory).
SECOND SUPPLEMENT
A SECRET ARTICLE FOR PERPETUAL PEACE*
A secret
article in transactions dealing with public right is, from an objective point
of view, that is, according to its meaning, a contradiction. But subjectively,
when we judge it according to the quality of the person dictating it, the
clause might well contain a secret which he could consider injurious to his
dignity were it announced publicly as originating from him.
The
single article of this kind is contained in the following proposition: The
maxims of the philosophers concerning the conditions which make a public peace
possible shall be taken into account by those states armed for war.
However,
it seems to be disparaging the legislative authority of a state—to which we
must naturally attribute the greatest wisdom—to seek for instruction from subjects (the
philosophers) about the principles of its relations with other nations, even
though the state is well advised to do so. Therefore, the state will invite
them to do that silently (while at the same time keeping
the matter secret). This amounts to saying that the state will allow philosophers to speak freely and openly about the
general precepts for conducting war and establishing peace (philosophers will
do that anyway on their own, unless they are forbidden to do so). For states to
come to an understanding with each other on this point does not require them to
draw up a special international agreement promoting this goal, for it is
already part of the obligation established by universal human reason (which
imposes moral laws). However, this does not mean that the state must give the
principles of the philosopher precedence over the opinions of the jurist (who
represents the authority of the state), but only that people should listen to
the philosopher. The jurist, who has made the scales of right
and the sword of justice his symbols, not only commonly uses
that sword to keep all foreign influences away from the scales, but also, when
one side of the balance will not move down, throws the sword into it (Vae victis [Woe
to the conquered!]). The jurist who is not also a moral philosopher
has the greatest temptation to do this because his official position simply
requires him to apply existing laws but not to explore whether these need to be
improved. Moreover, although his faculty is, in fact, a lower one, he considers
it nobler, because it involves power (as is the case with the other two
faculties, medicine and theology). The faculty of philosophy stands on a step
very much lower than this combined power. Hence, the saying goes, for example,
that philosophy is the handmaiden of theology (and the same has been said about
her relationship to medicine and law). However, we cannot clearly discern
“whether she bears the torch before her gracious ladies or carries their
train.”
That
kings become philosophers or philosophers become kings is not something we
should expect or even hope for, because holding power inevitably corrupts the
free judgments of reason. However, kings or sovereign nations (who rule
themselves according to laws of equality) should not allow the class of
philosophers to disappear or to be silenced, but should let them speak
publicly, because this casts light on the work they both do, something
indispensible to them. And given that the class of philosophers by its very
nature is incapable of stirring up trouble and uniting into political factions,
it cannot be suspected of generating propaganda.*
APPENDIX I
CONCERNING THE DISAGREEMENT BETWEEN
MORALITY AND POLITICS
IN CONNECTION WITH PERPETUAL PEACE
Morality
is inherently a practical activity [Praxis] in an objective
sense, for is it the embodiment of unconditionally commanding laws, according
to which we ought to act, and, once we have conceded the
authority of this idea of duty, it is clearly inconsistent to continue wishing
to assert that nevertheless we cannot act in that way, because
then this idea of morality would collapse on its own (ultra
posse nemo obligatur [no one is obliged beyond what is
possible]). As a result, there can be no conflict between politics as the
practical doctrine of right and morality as a theoretical doctrine of right
(hence, no conflict between theory and practice). For such a dispute to arise,
we would have to understand the word morality to mean a
general doctrine of shrewdness, that is, a theory of precepts for
selecting the most suitable means for achieving those ends which we have
determined are to our advantage—and that would be to deny the very existence of
morality.
Politics
says “Be as clever as serpents.” Morality adds (as a limiting
condition), “and as innocent as doves.” If both precepts cannot stand
together in a single command, then there is truly a dispute between politics
and morality. If, however, the two are in harmony throughout, then the idea of
opposition is absurd, and the question about how the conflict between them
might be reconciled does not even arise as a task to be addressed. Although the
saying Honesty is the best policy involves a theory which practice
unfortunately very often contradicts, nonetheless, the equally theoretical saying Honesty
is better than all policy is infinitely higher than any objection one
could make to it and is, indeed, the necessary condition of policy. The god who
marks out the boundaries of morality does not yield to Jupiter, the
god determining the boundaries of force, for Jupiter still stands subject to
fate. That is to say, reason is not sufficiently enlightened to perceive the
series of predetermining causes which would allow it to announce with certainty
the happy or unhappy results of everything human beings do in accordance with
the mechanisms of nature (although it does allow us to hope that these results
will be what we want). However, reason is bright enough to illuminate for us
everything we have to do in order to remain on the beaten path of duty
(following the rules of wisdom) and thus to pursue our final end.
Now, the
practical man (for whom morality is merely theoretical, even as he concedes
that what ought to be done can be done) bases
his dreary rejection of our good-natured hope essentially on the following point:
he pretends that he can predict, on the basis of human nature, that
people will never be willing to do what is required to bring
about that goal which leads to perpetual peace. Of course, the will of all
individual human beings to live under a lawful constitution based on
principles of freedom (the distributive unity of the will
of all) is not enough to achieve this goal. Instead, everyone must desire this condition
together (the collective unity of
their united wills). This solution to a difficult problem is still required so
that civil society may become a totality. Since, over and above the differences
among the particular wills of all the individuals, one still needs to add a
unifying cause in order to bring out a common will, something which no collection
of individual will is capable of doing, it follows that, for the implementation of
this idea in practice, no other beginning for a state of justice can be relied
upon other than one created by force, on whose coercive power
public right will afterwards be based. This situation, then, in actual
experience naturally leaves us right from the start expecting huge departures
from the theoretical idea of right (since we can hardly assume that the
lawgiver in this matter will, on the basis of his moral sentiments, simply
leave it to the people to bring about a legal constitution through their common
will, once the unification of a wild multitude into a nation has taken place).
What this
means is that once someone has the power in his hands, he will not let the
people determine the laws for him. In the matter of how a nation is to seek its
rights with respect to other nations, a state that is now in a position where
it is not subject to any external laws will not make itself dependent on the
judicial tribunals of others, and even a continent, when it feels it is
superior to another continent, which, as it so happens, does not stand in its
way, will not neglect to use means to increase its power by robbing that
continent or even conquering it. And thus all theoretical plans concerning
national, international, and cosmopolitan rights fade away into empty
impractical ideals, while, by contrast, a political practice which is based
upon empirical principles derived from human nature and which does not consider
it demeaning to draw instruction for its maxims from the way the world actually
operates is the only way one can hope to find a sure foundation for building a
political system based on expediency.
Of
course, if there is no freedom and no moral law founded on it and if whatever
happens or can happen is merely the mechanical working of nature, then
practical wisdom would consist entirely of politics (as the art of using this
mechanism to govern people), and the concept of rights is an empty idea. But if
we find that the concept of rights is inextricably and necessarily linked to
politics and if we even raise it to the position of a limiting condition of politics, then we
must admit that the two of them can be reconciled. I can imagine a moral
politician, that is, a man who thinks of the principles of national
expediency in such a way that they could coexist with morality, but I cannot
imagine a political moralist, someone who concocts a morality for
himself so that it helps to promote benefits for the statesman.
The moral
politician will adopt the following basic principle: if we ever come across a
defect in the political constitution or in our international relations which we
could not have avoided, there is a duty, especially for those who govern the
state, to take care to correct it as soon as possible, so that it can be made
to comply with natural right, as that presents itself as a model before our
eyes in the idea of reason, even if that comes at the expense of their own
self-interest. Now, to rip apart the bonds of a state or a cosmopolitan union
before an even better constitution is ready to take its place is contrary to
all political discretion, which, in this respect, agrees with morality. Thus,
it would be absurd to demand that such a defect in the constitution must be
immediately and impetuously altered. But at least one can demand that the
ruling power seriously acknowledge the notion that such a change is necessary,
so that it can continue constantly to approach the end goal (the best
constitution according to the laws of right).
A state
can govern itself in a republican manner, even if it still
has, according to its existing constitution, a despotic arrangement of the
ruling power, until the people gradually become capable of being influenced
simply by the idea of the authority of the law (just as if the law had physical
power) and, as a result, are found competent enough to give themselves their
own laws (a practice which is originally founded on right). But even if the violence
of a revolution produced by a bad constitution were to set up
by unlawful means a constitution more in keeping with the law, then it would
have to be no longer permissible to lead the people back to the old
constitution, although during the revolution anyone who took part in it either
violently or surreptitiously would have been rightly subject to the punishment
meted out to rebels. However, as far as the foreign relations of a state are
concerned, one cannot demand that a state give up its constitution, even though
it could be a despotic one (and thus stronger in its dealings with external enemies),
so long as there is a danger that it could be immediately swallowed up by other
states. As a result, faced with such a proposed change, a state is permitted to
delay its implementation until a more favourable opportunity.*
It could
also always be the case that the despotic moralists (who are failures in
practical matters) collide with political expediency in many ways (with
measures they have taken up or recommended too quickly). When they make these
mistakes against nature, experience must bring them gradually to a better path;
whereas, moralizing politicians, by making excuses for political principles
which contravene what is right, under the pretext that human nature is
not capable of good the way the idea of reason stipulates, do
everything within their power to make improvement impossible and
to perpetuate violations of rights.
Instead
of following the practice [Praxis] which these shrewd
statesmen boast about, they circumvent the issue with practices [Praktiken],
and, while they are careful to tell those presently in power what they want to
hear, in order not to neglect their own private interests, they give away the
people and, where possible, the entire world. In this way, they are like
genuine lawyers (the ones who act like tradesmen, not those who legislate)
when they presume to meddle in politics. For since it is not their business to
reason about legislation itself but rather to enforce the present laws of the
land, they must always consider every legal constitution presently in
existence—and, if this is altered by a higher power, the one which follows
it—as the best, where everything is in proper mechanical order. This adroitness
of theirs at turning their hands to anything may delude them into thinking that
they also have the ability to judge the general principles of apolitical constitution according
to the ideas of right (hence, not empirically but a priori).* When they boast
about how they understand people (which, of course, is
something we expect, because they have to deal with a great many of them), but
without knowing anything of human beings and what can be made
of them (something which requires a higher anthropological point of view) and
apply these ideas of theirs to civil and international right, as reason
requires, they can take this step only in a spirit of sophisticated subterfuge.
For they will follow their usual practice (of applying laws of a mechanical
system according to coercive principles despotically handed down), even where
the only legal compulsion the ideas of reason are willing to recognize is one
which meets the principles of freedom, through which a durable and legitimate
political constitution becomes for the first time possible. The supposedly
practical man believes he can solve the problem empirically by circumventing
this idea of reason and consulting his experience of how the constitutions
which have up to this point lasted the longest were established, even though
they were for the most part contrary to right. The precepts which he uses for
this task (although he does not allow them to be publicized) involve more or
less the following sophistic maxims:
1.
Fac et excusa [Act and make excuses]. Seize a favourable
opportunity for unauthorized appropriation of something (a right of the state
either over its own people or over another neighbouring state). One can gloss
over the use of force and offer a justification far more easily and fluently after
the fact (particularly in the first case, where the ruling power within
the state is also the legislative authority, which people must obey without
raising objections) than when one wants to think up convincing reasons for the
action in advance and wait for all the objections. This boldness even provides
a certain appearance of inner conviction that the act is just, and the god bonus eventus (the god of success) is
the best advocate afterwards.
2. Si fecisti, nega [If you have done
something, deny it]. In the case of any crime you have committed—something
which has, for example, led your people to despair and thus to rebellion—you
should deny that it is your fault. Instead you must insist
that it was the unruliness of the subjects or even, when it is a matter of your
seizing power of a neighbouring state, the fault of human nature: if we do not
forcefully anticipate the aggression of someone else, we can certainly count on
the fact that he will anticipate us and use force to take what is ours.
3. Divide et impera [Divide
and conquer]. This means the following: if there are certain privileged
leading citizens among your people who have chosen you merely as their ruler (primus
inter pares [the first among equals]), make them quarrel with
each other, and create divisions between them and the people. Then, set yourself
up as the champion of the people under the pretense of offering them greater
freedom, and now everything will depend upon your unconditional will. Or if you
are dealing with foreign states, then inciting disagreements among them, while
appearing to assist the weaker ones, is a fairly reliable way of subjecting
them to your will one after the other.
Now, it
is true that no one is deceived by these political precepts, for they are all
universally known already. And it is not the case that there is something to be
ashamed of with them, as if their injustice were just too patently obvious.
For, since great powers are never shamed by how the crowd of common people
judge them, but only by what one of the other powers might think, as far as the
above principles are concerned, what can embarrass these powers is not their
being publicly known but only their failure to succeed (for,
as far as the morality of those precepts goes, they are all in agreement). And
so what is always left is their political honour, on which they can
securely rely: that is, increasing their own power, in whatever way
that can be achieved.*
* * *
From all
these snake-like contortions of an immoral doctrine of expediency,
which seeks to derive a condition of peace among human beings out of the
warlike conditions of a state of nature, at least one thing is clear: people
cannot evade the idea of right in their relationships, both public and private,
and they do not dare openly to ground politics merely on the manipulations of
expediency and thus to reject all obedience to the idea of public right (this
is especially striking with international right). By contrast, they allow this
concept all the honour inherently due to it, even if they have to dream up a
hundred evasions and subterfuges in order to avoid it in practice and assign authority
to the shrewd use of force as the origin and unifying element of all right. In
order to do away with this sophistry (if not to the injustice which it glosses
over) and to bring the false representatives of the powerful
people in the world to confess that they are not speaking on behalf of right,
but rather of might, whose tone they adopt (just as if in this
matter they had the right to give orders), it will be good to lay bare the deception
thanks to which people hoodwink themselves and others and to discover the
highest principle from which the goal of perpetual peace is derived, thus
showing how everything evil which stands in the way of this goal is due to the
fact that the political moralist begins where the moral politician rightly ends
and, by subordinating principles to an end (that is, putting the cart before
the horse), defeats his own purpose of bringing politics and morality into
agreement.
In order
to make practical philosophy internally consistent, we must first of all
determine the answer to the following question: In dealing with issues of
practical reason, do we have to start from the material principle of
practical reason—that is, from the goal (as an object of free
choice)—or from the formal principle—that is, the principle (which
rests only on freedom in external relations) which states: Act in such
a way that you can will your maxim should become a universal law (whatever the
goal may be)?*
There is
no doubt that the second principle must come first, for, as a principle of
right, it is unconditionally necessary; whereas, the first one is essential
only if one assumes that the empirical conditions of the proposed goal are
present, that is, that the goal can be achieved. Besides, if this purpose (for
example, perpetual peace) were also a duty, then it would have to be derived
from the formal principle of the maxims guiding external action. Now, the first
principle, the one used by the political moralist (dealing
with the problem of constitutional, international, and cosmopolitan rights),
involves purely technical tasks (problema technicum). The second, by
contrast, as a principle of the moral politician, for whom the
issue is a moral task (problema morale), is vastly
different from the other in the procedures one uses in order to bring in
perpetual peace, which people desire not merely as a physical benefit, but also
as a condition arising from an acknowledgment of their duty.
The
solution of the first problem, that is, of political expediency, requires
considerable knowledge of nature, so that one can use her mechanical system for
the end one has in mind, and yet, as far as perpetual peace is
concerned, the result of all this knowledge is uncertain. This is the case no
matter which of the three categories of public right we select. It is unclear
what one should do to keep the people obedient as well as prosperous for a long
period of time: Is it better to treat them severely or to feed their
vanity? Should sovereign authority be vested in a single individual, or in
several leaders acting collectively, or perhaps merely in an aristocracy of
government officials [Dienstadel], or in the power of the people
within the state?* For every form of
government, history provides us examples which have had the opposite effect
(with the single exception of a genuine republican government, a system which
only a moral politician can imagine). Even more uncertain is an international
right allegedly established on statutes planned by government
ministers, for that, in fact, is nothing but empty words. It rests on treaties
which, even as they are being ratified, contain a secret reservation—the right
to violate them. By contrast, the solution to the second problem—that is, to
the issue of wisdom in the state—naturally forces itself upon us,
so to speak, is obvious to everyone, puts all artificiality to shame, and, in
the process, leads directly to the goal. But one needs to remember prudence and
not use force to bring it in too quickly, but rather continually draw nearer to
it when circumstances are favourable.
This
point may be stated as follows: “Seek ye first the kingdom of pure practical
reason and its righteousness, and then your goal (the blessing of
perpetual peace) will come to you on its own.” For morality inherently has a
unique quality—and this applies to the moral principles of public right (and
consequently to a politics that can be known a priori), in that the
less it makes a person’s conduct dependent on his proposed goal, the physical
or moral advantage he has in mind, the more it is in general agreement with
this end. This comes about precisely because it is the general will (in a
people or in the relations of different peoples to each other) given a
priori which is the sole determinant of what is right among human
beings. But if this union of the will of all individuals in practice proceeds
consistently and according to the mechanism of nature, it can at the same time
be the cause which brings about the effect one is aiming at and effectively
realize the idea of right. Thus, it is, for example, a basic principle of moral
politics that a people should unite together in a state, in accordance with the
only valid ideas of right, those of freedom and equality. This principle is not
based on expediency but on duty.
Now,
political moralists may propose all sorts of counterarguments involving the
natural mechanism of a crowd of people who enter into a society, something
which weakens these principles and frustrates their purpose. Or they may seek
to prove their assertion with examples of poorly organized constitutions from
both ancient and modern times (for example, democracies without a system of representation).
But these political moralists do not deserve a hearing, mainly because such a
corrupting theory could itself well bring about the evil which it prophesies,
for it throws human beings into a class with the other living machines which
need only the awareness that they are not free creatures to make them, in their
own judgment, the most miserable beings in the world.
The
proverbial saying fiat justitia, pereat mundus [let
justice prevail, though the world perish] is somewhat overstated, but
it is true. We may translate it as follows: “Let justice prevail, even though
all the knaves in the world perish in the process.” It is a bold principle of
right, which cuts off all the crooked pathways indicated by cunning or force.
However, we must not misunderstand it as granting permission for someone to
pursue his own right with the utmost severity (that would conflict with his
ethical duty), but rather interpret it as an obligation laid on those who wield
power not to deny or to curtail anyone’s right because of unfavourable feelings
or sympathy with others. This requires, in particular, an inner political
constitution drawn up according to the pure principles of right and then the
union of that state with other neighbouring or even distant states (analogous
to a universal state) for the legal resolution of their conflicts. This
proposition means to suggest nothing more than the following: political
maxims must not begin with the prosperity and happiness that a particular state
can expect from adhering to them, that is, with the end goal which each state
makes the objective (of its will) as the highest (but empirical) principle of political
wisdom; instead, such maxims must begin with the pure idea of the duty of right
(with the ought, whose principle is given a priori through
pure reason), no matter what the physical consequences of that may be. The
world will certainly not perish because the number of wicked people in it is
reduced. What is morally evil has, by its very nature, this inseparable
characteristic: in its purposes (especially in its relationship with other
like-minded people) it is self-contradictory and self-destructive, and so it
makes room for the moral principle of goodness, even if such progress is slow.
* * *
Thus,
there is objectively (in theory) no quarrel at all between
morality and politics; whereas, subjectively (in the selfish
tendency of human beings, which we must not call their moral practice [Praxis],
because it is not based on the precepts of reason) such a conflict exists and
may well remain forever, because it serves as the whetstone of virtue. In the present
case, the true courage of virtue (according to the principle tu ne cede malis, sed contra audentior ito
[you must not yield to evils but confront them more
boldly—Virgil, Aeneid, 6.96]) does not consist so much of firmly
resolving to face up to the evil and self-sacrifice which one has to take on,
but rather of seeing, confronting, and overcoming the far more dangerous,
lying, wily, and treacherous evil principle within ourselves, which pretends
with sophisticated reasoning to justify all violations of right as a weakness
in human nature.
In fact,
the political moralist can say that the ruler and the people or one nation and
another do no wrong to one another when they attack each other with
force or deceit, although with such actions they generally do wrong by refusing
to respect the idea of right, which is the only thing on which perpetual peace
could be based. For since one party oversteps his duty with the respect to the
other one and the latter’s feelings are every bit as wrongfully directed against
the former, they both fully and rightly deserve what happens when they wear
each other out, but in such a way that enough of this contest remains to allow
the game to continue to the most remote ages, so that at some point their
distant posterity will take their example as a warning.
In having
the world operate this way, providence is justified, for the moral principle in
human beings is never extinguished, and their reason, which is capable of the
pragmatic implementation of ideas of right according to that principle in the
process constantly grows stronger through the continuing advance of culture.
But with it also grows the guilt for those transgressions. However, if we
assume that the human race will not or cannot ever be any better off, then
Creation itself—the fact that such corrupt beings should be on earth at
all—appears incapable of justification by any theodicy. But this is far too
lofty a position for us to judge from, as if we could theoretically apply our
ideas of wisdom to a supreme power unknowable to us. We will be inevitably
driven to such desperate conclusions, unless we assume that the pure principles
of right are objectively real, i.e., that they let themselves be realized, and
that thus they must be taken into account, both by those within the state and,
beyond that, by states in their relations with each other, no matter what
objections empirical politics may raise.
True
politics can thus take no step, without previously paying homage to morality.
Although politics is indeed an inherently difficult art, nevertheless, uniting
politics with morality requires no art at all, for morality cuts the knot which
politics is unable to loosen as soon as the two come into conflict. The rights
of human beings must be held sacred, no matter how great the sacrifice to the
ruling power. We cannot go half way here and dream up a pragmatically
conditioned right (between right and utility). Instead all politics must bend
the knee before right and, in so doing, can hope to reach a stage, however
slowly, where it will always shine.
APPENDIX II
ON THE UNANIMITY BETWEEN POLITICS AND MORALITY ACCORDING TO THE TRANSCENDENTAL
IDEA OF PUBLIC RIGHT
When I abstract from all the materials of
public right (on the basis of the different empirically given relationships of
people in a state or of states among themselves), following the customary
thinking of professors of law, I am still left with the Form of Publicity,
whose possibility is inherently contained in every legal claim, since without
that there would be no justice (which can only be imagined as something we
can publicly proclaim) and hence no right either, for right can
only be conferred by justice.
Being
capable of publication must be a characteristic of every legal claim. And since
one can very easily judge whether it holds in any particular case which arises,
in other words, whether it can be reconciled with the principles of the agent
or not, this standard provides a readily applicable criterion which is
found a priori in reason, so that in a particular case we can
immediately recognize the falsity (its opposition to what is right) of the
alleged claim (praetensio iuris), as if by an experiment of pure
reason.
Once we
have abstracted from everything empirical contained in the idea of political
and international law (such as the viciousness in human nature which makes
coercion necessary) we can call the following proposition the transcendental formulation of public
right:
Where the
rights of other people are involved, every action whose maxim is not compatible
with publicity is unjust.
One
should not look on this principle as merely ethical (part of
the doctrine of virtue) but also as juridical (referring to
human rights). For a maxim which I cannot allow to be openly declared without
in the process also frustrating my own purpose and which I must keep a deep
secret if it is to succeed—if I cannot publicly announce it,
without thereby inevitably prompting everyone’s opposition to my proposal—then
this necessary and general disagreement of all the others with me, a resistance
which is understandable a priori, can originate in nothing other
than the injustice with which such a maxim threatens everyone. Moreover, this
principle of publicity is merely negative, in other words it serves
only as a means by which we can recognize what is not right concerning
others. Like an axiom, its certainty cannot be demonstrated. In addition, it is
easy to apply, as we can see from the following examples of public right.
1. In the
matter of political right (ius civitatis)—that is, matters
within the state—the following question arises, which many people consider
difficult to answer and which the transcendental principle of publicity
resolves quite easily: “Is rebellion a legitimate way for people to throw off
the oppressive power of a so-called tyrant (non titulo sed exercitio talis [not
in title but in the way he acts])?” The rights of the people have been
injured, and to usurp the tyrant would not be a violation of his rights. Of
that there is no doubt. Nonetheless, it is in the highest degree wrong for the
subjects to seek their rights in this manner, and, if they were defeated in the
conflict and later had to suffer the harshest punishment because of their
rebellion, they would have even less justification for complaining about injustice.
Now, one
can make many subtle arguments here for and against, if one wants to settle the
matter with the dogmatic deduction of principles of right. But by itself the
transcendental principle of the publicity of public right can spare us a
long-winded discussion. In applying this principle, the people ask themselves,
before drawing up the civil contract, whether they would dare to make publicly
known the maxim of their intention to rebel at certain times. We can readily
see that if, while establishing a state constitution, we wanted to set the condition
that in certain circumstances force could be used against the ruling
power, then the people must be arrogating to itself a legitimate
power over the sovereign. But in that case, he would not be the head of state
or, if both of these clauses were made conditions for the establishment of a
state, then creating a state would be impossible, even though that was what the
people were proposing.
The
injustice of rebellion is thus is illuminated by the fact that its maxim, if we
were to openly publicize it, would make its own purpose impossible.
We would of necessity have to keep it a secret. But this secret would simply
not be necessary on the part of the ruler of the state. He can freely proclaim
that in every rebellion the leaders of the insurrection will be punished with
death, even if these ringleaders believe that he was the first to violate
fundamental laws. For if the ruler is aware that he possesses irresistible power
(and we must assume this in any civil constitution, because any sovereign who
does not possess sufficient power to protect an individual member of the people
against another also has no right to give him orders). Hence, he need not worry
about frustrating his own purposes by the publication of his maxim. It is also
entirely consistent with this position that, if the popular rebellion succeeds,
the sovereign move back to the status of a subject. Thus he is not entitled to
initiate any uprising to restore his rule, but he also need have no fear of
being legally summoned to account for his previous administration.
2. Matters concerning
international right: One can talk about international right only if one assumes that
some sort of law-governed situation is in place (that is, the external
condition under which a person can truly be given a right), because, as a
public right, the very idea of it already entails the publication of a common
will which assigns to each state its individual rights, and this status iuridicus [legal
status] must arise out of some sort of contract, which cannot be based
on compulsory laws (like the contract which gives birth to a state), but which
can at most rest on a continuing free association, like the
above-mentioned federation of different states. For in a state of nature, a
situation which lacks any form of law-giving to connect the different
(physical or moral) individuals in some effective way, there can be nothing
other than a merely private right. And here again a conflict arises between
politics and morality (if we consider morality as the doctrine of right), a
dispute where we can easily apply the criterion of the publicity of maxims, but
only in such a way that the contract binds the states with the sole intention
of keeping the peace among them and between them and other states, but not in
any way with a view to acquiring new possessions. I offer here the following
examples of conflicts between politics and morality, along with their
solutions.
(a) “When one of these states
has promised something to another state, for example, to provide assistance, or
to transfer certain lands, or to give subsidies, and so on, the question is
whether in a particular case where the welfare of the first state is involved,
the ruling power can break its promise by claiming it must be regarded as a double
person, first, as a sovereign, since it is not answerable to anyone
in its own state, but then, second, merely as the highest official of the
state, who must be accountable to the state, and then by concluding that
any obligations it had assumed in the first capacity as a sovereign it can set
aside in its second capacity as a state’s official.” But if a state (or its
sovereign) were to let its maxims be publicized, then naturally every other
state would either run away from it or else unite itself with others to resist
its presumptuousness. That demonstrates how, by applying this principle of
publicity, politics, for all its cunning tricks, would thwart its own purpose,
and so the maxim quoted above must be unjust.
(b) “If a neighbouring power
has grown so large that it has become formidable (potentia tremenda)
and arouses concern, can one assume that because it is able to
oppress others it also desires to do so, and does that give
those states with less power a right to a united attack against it, even
without some previous offence?” A state which wanted publicly to
affirm this as its maxim would only bring about the evil even more surely and
quickly. For the greater power would anticipate the smaller ones and, as far as
the alliance of those weaker states is concerned, that is only a weak reed
against someone who understands how to use the precept divide et impera [divide
and conquer]. This maxim of political expediency, once openly announced,
thus necessarily frustrates its own purpose and, as a result, is unjust.
(c)
“If a smaller state by its
location divides the continuity of a larger state, which needs this continuity
for its own preservation, is the larger state not justified in overwhelming the
smaller state and uniting their two territories?” It is easy to see that the
greater state must not let such a maxim become publicly known in advance. For
then, either the smaller states would combine beforehand, or other powers would
compete for this prize. Hence, publicizing the maxim would make it unworkable,
and this would indicate that the precept is unjust. Indeed, it could rank very
high on the scale of injustice. For the fact that the object of injustice is small
does not prevent the manifest injustice done to it from being very great.
3. So far as cosmopolitan right is concerned, I will
pass over this subject in silence, since the analogy between it and
international law makes its maxims easy to state and evaluate.
* * *
So now
with the principle of the incompatibility of the maxims of international law
with publicity we have a good benchmark for the lack of agreement between
politics and morality (as a doctrine of right). But we also need to be
instructed about the condition under which its maxims agree with the right of
nations. For we are not permitted to draw the reverse conclusion that because
the maxims are compatible with the principle of publicity they are for that
reason also just, since whoever has a decisive sovereign power does not have to
keep quiet about his maxims. The condition which makes international law at all
possible is this: first of all, a law-governed condition must
be in place. For without this there is no public right, and the only right
which we can imagine where there is no public right (in a state of nature) is
merely private right. Now, we have seen above that a situation where there is a
federation of states which is directed only at preventing war is the only legal condition
compatible with the freedom of these states. Thus, the
agreement between politics and morality is possible only in a federated union
(which is also, according to the principles of right, established a
priori and is essential), and all political expediency derives the
basis of its legitimacy from the creation of such a federation to the greatest
possible extent. Without that goal, all its political cleverness is sophistry
and concealed injustice. Now, this sham politics has its own casuistry,
which puts the best Jesuit schools to shame—that is, the reservatio mentalis [mental
reservation]. For in drawing up public contracts, it employs certain
expressions which one can interpret to one’s own advantage when the occasion
presents itself, if that is what one wishes to do (for example, using the
difference between the status quo de fait and de droit [the
status quo in fact and in right]). It also invokes the doctrine of Probabilism
[Probabilismus] to fabricate evil intentions which it attributes to
others, or it even makes the probability of their possible predominance a
justifiable ground for undermining other peaceful states. Finally, it commits
its peccatum philosophicum
[philosophical sin] (peccadillo, bagatelle), when it claims that
swallowing up a small state should be a readily pardonable
triviality, if it works to the advantage of a much greater state,
an action which allegedly benefits the entire world.*
Duplicity
in these matters encourages politics, when dealing with morality, to use one or
other branches of morality to pursue its own purposes. Both the love of our
fellow human beings and respect for their rights are duties.
But the former is only a conditional duty; whereas, the latter
is an unconditional duty, which is absolutely binding. And
anyone who wants to surrender to the sweet feeling of doing good must
first be completely confident that he has not violated what is right. Politics
is easy to reconcile with morality in the first sense (as ethics) so that human
beings surrender their rights to those with sovereign power over them. But with
the second branch of morality (as a doctrine of right), before which politics
must bend its knees, politics finds it advisable to have nothing whatsoever to
do with contracts and prefers to deny morality all reality and to interpret all
duties as nothing but good will. Philosophy would easily frustrate the
duplicity of shady politics by publicizing its maxims, if politics were only
willing to have the courage to allow the philosopher a chance to make his own
views known.
With this
purpose in mind, I offer another transcendental and affirmative principle of
public right, whose formulation would be as follows:
All maxims
which require publicity (in order not to miss their goal) are in agreement with
right and with politics.
For if
they can attain their end only when they are publicized, then they must be
consistent with the universal public goal (happiness), and it is the essential
business of politics to be in agreement with this (to make members of the
public satisfied with their condition). However, if this goal is to be attained merely by
publicity, that is, through the distancing of all mistrust for the maxims politics
uses, then these maxims must be in harmony with the rights of the public, for
this is the only condition which makes a unity of ends possible for everyone. I
must postpone to another time a further explanation and discussion of this
principle, but one can appreciate that this is a transcendental formulation
because all the empirical conditions (of a doctrine of happiness)—the material
facts of the law—have been removed and it is concerned only with the form of
universal legality.
* * *
If it is
our duty to realize a condition of public right and if, at the same time, there
are grounds for hope we can achieve that, although only by an endless progress
which takes us closer to it, then perpetual peace, which follows
what have so far been falsely called peace treaties (which are really truces suspending
hostilities) is not an empty idea, but a task which is gradually resolving
itself and is always coming nearer to its goal (because the time it takes to
make equal advances will, one hopes, grow shorter and shorter).
NOTES
*[Kant’s note] A hereditary kingdom is not a state which
can be bequeathed to some other state. However, the right to rule it can be
passed on to another physical person. In that case, the state acquires a
regent, but the latter, in his capacity as ruler (that is, as someone already
in possession of another kingdom), does not acquire the state. [Back to Text]
*[Translator’s note] A scandalum acceptum is
a term from Catholic theology. Scandalum
(scandal) refers to an evil act (or failure to act) which leads to someone
else’s spiritual ruin. A scandalum acceptum (a received
scandal) is a term for an action which is perceived as scandalous thanks to
the ignorance or weakness of the person judging it (when, in fact, the person
carrying out the action may have behaved quite morally according to his own
standards). [Back to Text]
*The calends was the first day of the month in the
Roman calendar, but the Greeks had no calends. Hence, postponing an
action ad calendas graecas means never doing it.
[Kant’s
note] The question whether, in addition to commands (leges praeceptivae)
and prohibition (leges prohibitivae) there could also be permissive laws (leges permissivae) of pure reason has up
to this point been doubted, and not without reason. For laws in general contain
a principle of objective practical necessity, but permission contains a principle
of the contingency of certain actions in practice. Hence, a permissive
law would involve the necessity for an action which no one could be compelled
to carry out, and that would be a contradiction, if the object of the law in
both examples had one and the same meaning. However, in this case with the
permissive law, the presumed prohibition concerns only the future method of
acquiring a right (for example, through inheritance), but the freedom from this
prohibition, in other words, the permission, concerns the present state of
possession, which, although it is illegal, can continue to endure even longer
in the transition from a state of nature into civil society, as honourable
ownership (possessio putativa), in keeping with permissive
laws of natural right, even though a putative possession is forbidden in a
state of nature, as soon as it is recognized for what it is, and a similar
method of acquiring possession in the civil state which emerges (after the
transition has occurred) is also prohibited. This privilege [Befugnis] of
continuing ownership would not occur if the alleged possession had taken place
in civil society, for then it would be a violation of someone’s rights, which
would have to end as soon as its illegality was discovered.
Here I
have wanted, merely in passing, to draw the attention of teachers of natural
law to the idea of a lex permissive [permissive law], which
manifests itself in a systematic classification of reason, particularly because
it is often used in civil law (involving statutes), but with this difference:
the prohibiting law stands alone by itself, while permission is not brought
into it as a limiting condition (as it ought to be). Instead it is thrown in
among the exceptions. So the law then says: This or that is
forbidden, except Number 1, Number 2, Number 3, and so on in
an endless series. The exceptions are added to the law only haphazardly, not
according to some principle, but by groping around among cases as they come up.
Otherwise the conditions would have had to have been incorporated into
the formulation of the prohibitive law, and that would have immediately
made it a permissive law. Thus, it is unfortunate that the subtle question
posed in a prize-winning essay by Count von Windischgrätz, a man
as wise as he is acute, has remained unanswered and has been quickly abandoned,
since it emphasized the very point I mention. For the possibility of such
a formulation (similar to those in mathematics) is the only real touchstone for
a piece of legislation which would remain consistent. Without that, the
so-called ius certum [certain law] will
remain a pious wish, and we can have merely general laws
(which are valid for the most part) but no universal laws (which
are valid in every case), something which the idea of law seems to
require.
[Translator’s
note] Count von Windischgrätz (1744-1892) had posed a
question about writing unambiguous land contracts.
Kant’s
point here is that, while the six preliminary articles for peace must all be
firm laws, some of them would not be immediately binding. For example, if
Nation A conquers Nation B and seizes some of Nation B’s land, then Nation A’s
possession is, strictly speaking, illegal, but it can continue as honourable
ownership, after war has concluded, even though any further seizures of
land would be unjust. Over time, however, Nation A should restore the liberty
of the land it has appropriated (but it should not do that too quickly if such
restoration would disturb the peaceful arrangements following the war). [Back to Text]
*[Kant’s note] It is commonly assumed that someone may
not act in a hostile manner against any other person, unless the latter has
already done something to harm him first. This is entirely correct
when both of them are in living in a civil community governed by law.
For, since each of them has entered this community, they each afford the other
the security he requires (thanks to the authority which has power over them
both). But a human being (or a people) in a mere state of nature removes from
me this security and simply by living in this state inflicts harm on me because
he is close by. This harm may not be active (facto), but,
given the lawlessness of his condition (statu iniustu [a
state of injustice]), he is a constant threat to me. I can require him
either to enter with me into the state of a community ruled by law or to move
away from my neighbourhood. So the hypothesis which forms the basis of all the following
articles is this: All people who can exercise a reciprocal influence on
each other must share some form of civil constitution.
Depending
on the people who are covered its provisions, a legal constitution is
one of the following:
1. one
formed in accordance with the rights of citizenship of the
individuals making up a people (ius civitatis);
2. one formed in accordance
with international law for states in relation to one another (ius gentium);
3. one formed in
accordance with cosmopolitan law, insofar as individuals and states
standing in an external relationship of reciprocal influence are to be viewed
as citizens in a universal human state (ius cosmopoliticum).
These
divisions are not arbitrary, but are necessarily related to the idea of perpetual
peace. For if even one of these elements in society was in a position to
exercise physical influence on another and yet was still in a state of nature,
then a condition of war would be joined, the very situation from which our
purpose here is to free ourselves.
[Translator’s
note] These three constitutions (which confer legal rights) affect
individuals because they are members of a particular state and thus have civil
rights, because they are citizens of a state which has forged international
agreements with other states and thus have international rights,
and because they are all human beings and thus have human rights.
In a state of nature, where there is no constitution, as free and equal people,
we still have private rights, but it is not clear in Kant (here and
elsewhere) what these amount to exactly. Since there is no constitution in a
state of nature, there is no law and hence no authority to guarantee or enforce
such private rights. [Back to Text]
*[Kant’s note] Lawful (hence external) freedom cannot
be defined, as people so often do, as the right “to do anything one wishes,
provided one’s actions do not injure anyone else.” For what does this right mean? The
possibility of an action so long as in carrying it out one does not injure
another. So the explanation for the authority would be “a person does not
wrong someone else (no matter what he does) if he does not wrong someone
else”—and thus is an empty tautology. Rather than that, the explanation for my
external (lawful) freedom is as follows: it is the right to obey no external
laws, other than those to which I could have given my consent. In just the same
way, external (legal) equality in a state is that relationship
among the citizens according to which no person can legally bind another,
unless at the same time he submits himself to the law by which he, in
turn, could be bound in the same way by the other person. (The
principle of lawful dependence requires no clarification, for it is
already present in the general idea of a political constitution). The validity
of these inherited and inalienable rights, which necessarily belong to mankind,
is confirmed and ennobled by the principle of the lawful relationship between
man himself and higher beings (when he believes in them), because, in keeping
with these very principles, he sees himself also as a citizen of a supernatural
world. For where my freedom is concerned, I have no binding obligation even
with respect to divine laws, which I can recognize only with my reason, except
insofar as I myself could have consented to them (for through the law of
freedom of my own reason I first create for myself an idea of the Divine Will).
Where the principle of equality is concerned in connection
with the most exalted being in the world other than God, a presence I could
perhaps picture for myself (say, a great Aeon), there is no reason
why, if I carry out the duties of my position, as Aeon carries out his, I
should be the only one with the obligation to obey and he should be the one
with the right to command. This principle of equality (like
that of freedom) does not extend to our relationship with God,
because this Being is the only one to whom the idea of duty does not belong.
However,
where the right to equality of all citizens as subjects is concerned, the
answer to the question about the admissibility of a hereditary aristocracy depends
solely on the following question: “Does the rank endorsed by
the state (which makes one subject superior to another) take precedence
over merit, or does merit have to take precedence over rank?” Now,
this much is clear: when rank is tied in with birth, it is completely uncertain
whether merit (skill and integrity in discharging one’s office) will follow as
well. Thus, a hereditary aristocracy amounts to awarding the
favoured person a position (making him a commander) without his having any
merit. This arrangement is something the general will of the people would never
agree to in the original contract (which is the principle of all right). For
the fact that someone is a nobleman does not immediately make him a noble man.
So far as the nobility of an official is concerned (a term we
might use to describe the rank of a higher magistrate, which someone must earn
by merit), the rank is not attached to the person, like a possession, but to
the position, and equality is not harmed by this, because when someone gives up
his official position, he also sets aside his rank and moves back among the people. [Back to Text]
*[Kant’s note] People have often criticized the lofty
titles which are frequently given to a ruler (e.g., the Lord’s Anointed, the Representative
of the Divine Will on Earth, and the Vicar of God) as gross, dizzying flattery.
But, in my view, this criticism has no foundation. Far from making a sovereign
arrogant, these titles must rather make his soul humble, if he has any common
sense (which we must assume he has), for they remind him that he has undertaken
an office which is too great for any man, that is, the holiest which God has on
earth, the right to rule mankind, and he constantly has to worry
about offending this apple of God’s eye in some way or other.
[Translator’s
note] Frederick II (1712-1786)—Frederick the Great—was King of Prussia. [Back to Text]
*[Kant’s note] In his brilliant sounding but hollow and superficial
language, Mallet du Pan brags that after many years of experience he has
finally become convinced of the truth of Alexander Pope’s famous saying: “For
Forms of Government let fools contest;/ Whate’er is best administered
is best.” If that amounts to saying that the best administered government is
the one which is best administered, then Pope has, to use Swift’s expression,
bitten open a nut and been rewarded with a maggot. But if it means that the
best administered government is also the best form of government, i.e., the
best constitution, then it is completely false. For examples of good leadership
prove nothing about the form of government. Who has governed better than Titus and Marcus
Aurelius, and yet one left Domitian as his successor and
the other Commodus? That could not have happened with a good political
constitution, for the fact that they were unfit for this position was known
sufficiently early, and the ruler was powerful enough to prevent their
succession.
[Translator’s
note] Jacques Mallet du Pan (1749-1800) was a Swiss journalist.
The lines from Alexander Pope (1688-1744) are taken from The Essay
on Man. Kant quotes the lines in German, but in the text above the
quotation comes from Pope’s text directly. Titus (39-81 AD), Marcus Aurelius
(121-180 AD), Domitian (51-95 AD), and Commodus (161 to 192 AD) were all Roman
emperors. [Back to Text]
*[Kant’s note] A Greek emperor in a generous mood offered
to fight a Bulgarian prince in single combat in order to end a conflict between
them. The prince replied: “A blacksmith who has tongs will not take red hot
iron from the coals with his own hands.” [Back to Text]
*[Translator’s note] Hugo Grotius
(1583-1645) was a Dutch jurist whose writings had a great influence on
developments in international law; Samuel Pufendorf (1632-1694) was a
German philosopher who wrote extensively on politics and law;
Emmerich de Vattel (1714-1767) was a Swiss philosopher and
diplomat who wrote about international law (among other things). [Back to Text]
*[Translator’s note] Nation states endorse
the idea that they have rights, and this implies that these states accept the
authority of reason (since the idea of rights arises from reason). Hence, they
ought to accept the establishment of a rational solution to world peace (the
thesis, or in thesi). But their desire for no interference in
their state sovereignty prevents the establishment of what is rationally
necessary, a government of nations (the hypothesis, or in hypothesi).
[Kant’s
note] Once a war has ended and peace treaty has been signed, it
might not be inappropriate for a nation to announce a day of penance after its
holiday of thanksgiving and, in the name of the state, to pray to heaven for
mercy for the great sin which the human race is guilty of to this day, because
in its interactions with other nations it is unwilling to agree to a legal
constitution. Instead it takes pride in its national independence and would
rather use the barbaric method of war (which, however, does not resolve what is
looked for, namely the right of each state). The celebrations of thanksgiving
during the war for a victory which has been fought and won and the hymns which
people sing to the Lord of Hosts (to use a fine Israelite expression) stand in
just as sharp a contrast to the moral idea of a Father of Mankind,
because, apart from the indifference these show to the methods nations use to
seek their mutual rights (which is sad enough), they introduce a sense that
people are celebrating the fact that the happiness or the lives of a great many
people have been destroyed. [Back to Text]
*[Kant’s note] In order to call this great empire by the
name which it uses for itself (that is China, not Sina or a word which sounds similar),
we need only to examine Georgii: Alphab.
Tibet [Antonio Georgi, Alphabetum Tibetanum, 1762],
pp. 651 to 654, particularly Note b at the bottom. According to the
observation of Professor Fischer from St. Petersburg, there is really no fixed
name this state uses to identify itself. The most common is still the
word Kin, meaning gold (which the Tibetans express
as Ser). Thus, the emperor is called the King of Gold (king
of the most beautiful land in the world). The word Kin, which in
the empire itself is probably pronounced Chin, may have become Kin in
the speech of Italian missionaries (because of the guttural sounds). From this,
we see the land of the Seres, called that by the Romans, was China.
The silk, however, was sent to Europe across Greater Tibet (probably
through Lesser Tibet and Bukhara, across Persia, and then on
from there). These points lead to many reflections about the age of this
astonishing state at the time of its union with Tibet, in comparison with the
age of Hindustan, and beyond that, with Japan; whereas, the name Sina orTschina,
which is allegedly given to this land by its neighbours, leads nowhere. Perhaps
we can clarify the ancient association of Europe with Tibet from
what Hesychius maintained about it, something which has never been
properly understood, that is, the shout Κονξ Ομπαξ (Konx Ompax)
made by the hierophant in the Eleusianian mysteries (see The
Travels of Anacharsis the Younger, Part 5, p. 447 ff.). For
according to Georgii, Alph[abetum] Tibet[arum], the word Concioameans God,
a word which has a remarkable similarity to Konx. Pah-cio (ibid.,
p. 520), which could easily have been pronounced by the Greeks as peace, means promulgator legis [the
one who promulgates the law], the divine being immanent in all nature (also
called Cencresi, p. 177). However, Ohm, which
La Croze translates as benedictus, or blessed,
can, when it describes the divinity, probably mean nothing other than the
beatified one (p. 507). Now, when P. Franz Horatius [Father
Francisco Orazio] asked the Lamas of Tibet, whom he often
questioned, what they understood by God (Concioa), he always received
this answer: “It is the assembly of all the holy ones” (that is, the
blessed ones who, after many wanderings through all kinds of bodies, according
the lama’s doctrine of rebirth, finally return back to the divinity in Burchane,
that is, they are transmigrated souls, beings worthy of adoration (p. 223). And
so that mysterious phrase Konx Ompax probably should mean the holy (Konx), blessed (Om), and wise (Pax) Supreme Being
permeating the entire world (the personification of nature), and it was used in
the Greek mysteries probably to designate monotheism for
the Epoptes [those with repeated
experience of the mysteries], in contrast to the polytheism of
the people. P. Horatius [Father Orazio] (loc.
cit.), however, suspected atheism here. But how that
mysterious expression came from Tibet to the Greeks can probably be accounted
for by the explanation given above and, conversely, through the early communication
of the Europeans with China by way of Tibet (perhaps even earlier than between
Europe and Hindustan).
[Translator’s
note] Father Antonio Geogi (1711-1797) was an Augustine
friar who compiled and published materials sent by missionaries back to Italy
from Tibet. Hesychius was a Greek living in Alexandria in the 5th century
AD. The Travels of Anacharsis the Younger in Greece, published
in 1788 by Jean Barthelemy, was an imaginary travel journal. Father
Francesco Orazio Olivieri della Penna (1680-1745) was an Italian Capuchin
missionary in Tibet who produced a small Tibetan-Italian dictionary and
translated some Tibetan works into Italian. [Back to Text]
*[Kant’s note] In the mechanical operations of nature, to
which human beings, as sentient beings, belong, a form manifests itself as the
fundamental basis of its existence, something which we are incapable of making
intelligible to ourselves, unless we conceive of the idea that these operations
have a purpose set in advance by the original creator of the world. This
predetermination in nature we generally call Divine Providence. To
the extent that this providence is present in the beginning of the world we think of it as a founding providence (providentia conditrix; semel iussit, semper parent [founding providence; when she commands,
they always obey]—Augustine). But insofar as it maintains the actions of
nature according to universal laws of purposefulness, we call it ruling providence
(providentia gubernatrix). Beyond that, when it manifests itself in
special ends which human beings cannot predict but merely suspect from the result,
we call it guiding providence (providentia directrix).
Finally, when particular events are involved as divine ends, we no longer talk
of providence but of dispensation (directio extraordinaria [extraordinary
direction]). Human beings want to explain what these are in their essence,
but such a desire is foolish presumptuousness in people, since such events are,
in fact, miracles, although they are not called that. For to make conclusions
about a special principle of efficient causes on the basis of a single event—to
infer that this event is an end and not merely a mechanical and natural
consequence of another purpose completely unknown to us—is absurd and full of
arrogance, no matter how devout and humble the language used to talk about such
things. In the same way, to divide providence (from a material viewpoint)
in connection with objects in the world into universal and
particular is false and self-contradictory (for example, to assert
that there may be a providence which maintains the animal species but
which leaves the individuals to chance). For we describe providence with the
specific term universal, so that we do not consider a single thing
exempt from it. Technically speaking, by dividing providence like this, people
presumably mean here the ways in which it carries out its purpose, that is,
they separate it into ordinary providence (e.g., the annual
death and rebirth in nature according to the changes in the seasons) and extraordinary providence
(e.g., the way in which the sea currents carry wood to frozen coasts where
trees cannot grow, for the inhabitants there, who could not live without it).
In this case, although we can quickly explain the physical-mechanical cause of
this phenomenon (for instance, in temperate lands the river banks are overgrown
with trees, which fall into the water and are carried far away, perhaps by the
Gulf Stream), nonetheless, we must not overlook the teleological cause, which
indicates the care of a wisdom ruling over nature. But the idea commonly used
in philosophy schools of a divine collaboration
or cooperation (concursus) in the operations of the sensible world must be
abandoned. For to want to link together two things of different kinds (gryphes
iungere equis [to yoke griffins with horses]) and to allow
Him who is Himself the complete cause of the changes in the world to amend his
own predetermining providence during the running of the world (which thus must
have been defective)—for example, to say that next to God the
doctor healed the patient, and so He was there as a support—is, firstly,
inherently contradictory. For causa solitaria non iuvat [an
isolated cause does not help]. God is the creator of the doctor and of all
his remedies, and so, if we want to ascend to the highest cause, which is
theoretically inconceivable to us, we must ascribe the effect entirely to
Him. Or we can also give the entire credit to the doctor, insofar
as we explain this event in terms of natural order in the chain of causes in
the world. Secondly, such a way of thinking destroys all the fixed principles
by which we assess an effect. But from the view of practical morality,
which is directed entirely at the transcendent world, the idea of a divine concursus [cooperation] is
entirely fitting and even necessary, for example, the belief that, if only our
basic convictions are sincere, God will make up for the defects in our own justice,
even with means incomprehensible to us, and thus we should not relax our
striving for what is good. From this it clearly follows that no one has
to explain a good action (as an event in the world) by
appealing to such cooperation, for that would be assuming a theoretical understanding
of the supersensible, and consequently it would be illogical. [Back to Text]
*[Translator’s note] In Greek
mythology, Icarus and his father Daedalus put on artificial
wings to fly over the sea away from Crete. Icarus flew too high, and
the sun melted the wax which held the feathers of his wings in place. As a
result, he fell into the sea and drowned.
Kant’s
point here is that we cannot, on the basis of designs in nature, make any
theoretical conclusions about supersensible beings (e.g., God), because we
cannot use our sense experience to make claims about what lies beyond sense
experience. However, from a point of view of practical morality we must assume
the purposefulness of nature and assist its mechanical operations in order to
move closer to perpetual peace. [Back to Text]
*[Kant’s note] Of all the ways of life, hunting is
undoubtedly the one most incompatible with a civilized constitution. For the
families must live separate from each other, soon become strangers,
and then, as they scatter across the sprawling forests, quickly become enemies,
since each of them needs a great deal of room to obtain its food and clothing.
The blood prohibition Noah received in Genesis,
IX, 4-6 (which was often repeated and which later was even imposed as a
condition by Jewish Christians on those recently converted from paganism to
Christianity—although they had something else in mind, Acts XV, 20, XXI,
25—appears originally to have been nothing other than a prohibition against the
hunter’s way of life, for with hunters the opportunity to eat raw meat must
often occur, and so when they banned the eating of raw meat, they also banned
hunting. [Back to Text]
*[Kant’s note] We could ask the following: If nature has
willed it that these icy coasts should not remain uninhabited, what will become
of the people living there if the time comes (as we can expect) when no more
driftwood is carried to them? For we can well believe that with further
cultural developments the inhabitants of the temperate zones of the earth will
make better use of the wood which grows on the banks of their rivers and will
not let it fall into the streams and thus be carried away by the sea. My answer
is that the inhabitants who live along the Ob, the Yenisei, the Lena, and so on
will supply the wood through trade, accepting in exchange the animal products
in which the Arctic seas are so rich, but only when nature has first forced
them to make peace among themselves. [Back to Text]
*[Translator’s note] Friedrich Bouterwek (1766-1828)
was a German philosopher, critic, historian, and novelist. [Back to Text]
*[Kant’s note] Difference of religion! An odd
expression, as if one were speaking about different moralities.
There can certainly be historically different forms of belief, not
in religion but in the history of the ways used to promote religion—a subject
for scholarly investigation. In the same way there are different religious
books (the Zendavesta, Vedas, Koran,
and so on), but there is only one religion, valid for all human
beings and for all ages. These therefore can be considered nothing other than
the mere vehicles of religion—something accidental—which can vary according to
differences in time and place. [Back to Text]
*[Translator’s note] The
Second Supplement was not in the original (1795) edition of Perpetual
Peace. It was added to the second edition of 1796. [Back to Text]
*[Translator’s note] In this curious and
interesting addition to the original text of his essay, Kant is urging rulers
to let philosophers speak openly about political matters involving war and
peace, so that the rulers can benefit from their advice, while keeping such
assistance a secret, because openly accepting the advice of their subjects
might be demeaning to the rulers. They can do this safely, he claims, because
philosophers are politically ineffectual. [Back to Text]
*[Kant’s note] These are the permissive laws of reason.
They allow us to leave in place a system of public law which is tainted with
injustice, until such time as everything has matured and is ready for a
complete revolution, either spontaneously or encouraged and brought close to
fruition by peaceful means. For any legal constitution, even
if it bears only a slight resemblance to what is right, is better than none at
all, for the latter fate (anarchy) is what comes about through overhasty reforms.
Hence, political wisdom will make it a duty to enact reforms which are
appropriate to the ideal of public right, given the present political
conditions, but will not use revolutions, when these have been brought about by
nature herself, as pretexts for even greater oppression, but rather as the cry
of nature summoning it to introduce fundamental reforms so as to bring in a
lawful constitution based upon the principles of freedom, the only constitution
which endures. [Back to Text]
*[Translator’s note] The term a prioi (which
occurs frequently in Kant’s text) refers to a form of knowledge which is not
based on experience but on pure reasoning. [Back to Text]
*[Kant’s note] Even though some still may question
whether with people living together in a state there is a
certain wickedness rooted in human nature and, instead of that, propose, with
some apparent plausibility, that a lack of culture, which has not yet
progressed far enough (their crudity) is the cause of the hostility to law
which their way of thinking demonstrates, nonetheless, in the external
relationships of states with each other, such wickedness
manifestly and incontestably reveals itself. Within every state, this is
concealed by the coercive force of civil law, because the inclination of the
citizens to commit reciprocal acts of violence is powerfully offset by a
greater force, namely, the government. This not only gives the whole state the
appearance of morality (causae non causae [a non-cause
as the cause]), but also, by clamping down on the outbreak of tendencies
hostile to the law, truly makes it much easier for human beings to develop a
moral aptitude which leads to an immediate respect for what is right. For every
individual believes of himself that he would surely hold the idea of right
sacred and truly follow it, if he could only be assured that everyone else
would do the same. This assurance is guaranteed for him, in part, by the
government, and that constitutes a great step towards morality
(although it is not yet a moral step)—towards the idea of duty for its own
sake, without relying on any thoughts of a return. However, since everyone,
with his good opinion of himself, still assumes an evil disposition in all the
others, people mutually judge each other as follows: all of them, as a matter
of fact, are worth little (where this judgment comes from may remain
unaccounted for, since it cannot be the fault of the nature of
man, as a free being). However, since respect for the idea of right, which
human beings find impossible to shake off, sanctions in the most solemn way the
theory of our capacity to conform to it, so every individual sees that, for his
part, he must act in accordance with it, no matter how others may behave. [Back to Text]
*[Translator’s note] This statement
is one formulation of Kant’s famous and influential Categorical Imperative, the
centre piece of his moral philosophy (explained in his Groundwork for
the Metaphysics of Morals). As rational moral beings, no matter what our
circumstances or desires, we have an obligation to act in such a way that the
precept we use to guide our actions could become a universal law, without
thereby creating a contradiction. For Kant, all moral duties stem from this
objective rule of reason (rather than from consequences, or prudential maxims,
or desires, and so on). Kant is concerned here to stress the primary importance
of the rational idea of moral duty (as compared with a morality based upon
political expediency). [Back to Text]
*[Translator’s note] The
German word Dienstadel (sometimes
translated as as nobles of the robe) refers to members of the
French nobility who derived their titles from the posts they occupied in the royal
government. Nowadays, we might use a phrase like “an aristocracy made up of
civil servants.” [Back to Text]
*[Translator’s note] Probabilism is a
theory which claims that certainty is unattainable and therefore one is
justified in doing what is probable, even at times when something different may
appear more probable.
[Kant’s
note] One can find evidence for such maxims
in Hofrat Garve’s treatise “Concerning the Union of Morality and
Politics, 1788.” This worthy scholar concedes at the outset that he cannot give
a satisfactory answer to this question. But nonetheless, his approval of such
maxims, even with the admission that he is unable completely to remove the
arguments raised against them, seems to be an even greater concession to those
who would be very inclined to misuse them than it is perhaps advisable to allow. [Back to Text]
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