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IMMANUEL KANT
ON PERPETUAL PEACE
A PHILOSOPHICAL SKETCH
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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
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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.]
ON PERPETUAL PEACE
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.1 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.2 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, aresubjectively 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.3
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.4
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.5 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.6 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).7 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.8 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.9 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].10 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.11 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.12 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.13
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.14 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.15 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 heought 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).16
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.17 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 PEACE18
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), butonly 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.19
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.20
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 a political constitution according
to the ideas of right (hence, not empirically but a priori).21 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.22
* * *
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)?23
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 techni-cum). 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?24 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 highestofficial
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 publiclyto 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 philo-sophicum [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.25
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
1[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]
2[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]
3[Translator’s
note]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]
4[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]
5[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]
6[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]
7[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]
8[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]
9[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]
10[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.
[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). [Back to Text]
11[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 Concioa
means 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] 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]
12[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]
13[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]
14[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]
15[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]
16[Translator’s
note] Friedrich Bouterwek (1766-1828)
was a German philosopher, critic, historian, and novelist. [Back to Text]
17[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]
18[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]
19[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]
20[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]
21[Translator’s
note] The term a priori (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]
22[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]
23[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]
24[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]
25[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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