Perpetual Peace: A Philosophical Essay

Of heroes, whose infirm and baby minds

Are gratified with mischief, and who spoil,

Because men suffer it, their toy the world.”

[47] “Les troupes réglées, peste et dépopulation de l’Europe, ne sont bonnes qu’a deux fins: ou pour attaquer et conquérir les voisins, ou pour enchâiner et asservir les citoyens.” (Gouvernement de Pologne, Ch. XII.)

[48] Hobbes realises clearly that there probably never was such a state of war all over the world nor a state of nature conforming to a common type. The case is parallel to the use of the term “original contract” as an explanation of the manner in which the civil state came to be formed. (Cf. p. 52, note.)

See also Hume (Inquiry concerning the Principles of Morals, Sect. III. Part I.). “This poetical fiction of the golden age is, in some respects, of a piece with the philosophical fiction of the state of nature; only that the former is represented as the most charming and most peaceable condition, which can possibly be imagined; whereas the latter is painted out as a state of mutual war and violence, attended with the most extreme necessity.” This fiction of a state of nature as a state of war, says Hume, (in a note to this passage) is not the invention of Hobbes. Plato (Republic, II. III. IV.) refutes a hypothesis very like it, and Cicero (Pro Sext. l. 42) regards it as a fact universally acknowledged.

Cf. also Spinoza (Tract. Pol. c. ii. § 14): “Homines ex natura hostes.” And (c. v. § 2): “Homines civiles non nascuntur sed fiunt.” These expressions are to be understood, says Bluntschli (Theory of the State, IV. Ch. vi., p. 284, note a), “rather as a logical statement of what would be the condition of man apart from civil society, than as distinctly implying a historical theory.”

While starting from the same premises, Spinoza carries Hobbes’ political theories to their logical conclusion. If we admit that right lies with might, then right is with the people in any revolution successfully carried out. (But see Hobbes’ Preface to the Philosophical Rudiments and Kant’s Perpetual Peace, p. 188, note.) Spinoza, in a letter, thus alludes to this point of difference:—“As regards political theories, the difference which you inquire about between Hobbes and myself, consists in this, that I always preserve natural right intact, and only allot to the chief magistrates in every state a right over their subjects commensurate with the excess of their power over the power of the subjects. This is what always takes place in the state of nature.” (Epistle 50, Works, Bohn’s ed., Vol. II.)

[49] The italics are mine.—[Tr.]

[50] Professor Paulsen (Immanuel Kant, 2nd ed., 1899, p. 359—Eng. trans., p. 353) points out that pessimism and absolutism usually go together in the doctrines of philosophers. He gives as instances Hobbes, Kant and Schopenhauer.

Hobbes (On Dominion, Ch. X. 3, seq.) regarded an absolute monarchy as the only proper form of government, while in the opinion of Locke, (On Civil Government, II. Ch. VII. §§ 90, 91) it was no better than a state of nature. Kant would not have gone quite so far. As a philosopher, he upheld the sovereignty of the people and rejected a monarchy which was not governed in accordance with republican principles; as a citizen, he denied the right of resistance to authority. (Cf. Perpetual Peace, pp. 126, 188, note.)

[51] We find the same rule laid down as early as the time of Dante. Cf. De Monarchia, Bk. II. 9:—“When two nations quarrel they are bound to try in every possible way to arrange the quarrel by means of discussion: it is only when this is hopeless that they may declare war.”

[52] Rousseau (Contrat Social: I. vi.) regards the social contract as tacitly implied in every actual society: its articles “are the same everywhere, and are everywhere tacitly admitted and recognised, even though they may never have found formal expression” in any constitution. In the same way he speaks of a state of nature “which no longer exists, which perhaps never has existed.” (Preface to the Discourse on the Causes of Inequality.) But Rousseau’s interpretation of these terms is, on the whole, literal in spite of these single passages. He speaks throughout the Contrat Social, as if history could actually record the signing and drawing up of such documents. Hobbes, Hooker, (Ecclesiastical Polity, I. sect. 10—see also Ritchie: Darwin and Hegel, p. 210 seq.) Hume and Kant use more careful language. “It cannot be denied,” writes Hume, (Of the Original Contract) “that all government is, at first, founded on a contract and that the most ancient rude combinations of mankind were formed chiefly by that principle. In vain are we asked in what records this charter of our liberties is registered. It was not written on parchment, nor yet on leaves or barks of trees. It preceded the use of writing and all the other civilised arts of life. But we trace it plainly in the nature of man, and in the equality, or something approaching equality, which we find in all the individuals of that species.”

This fine passage expresses admirably the views of Kant on this point. Cf. Werke, (Rosenkranz) IX. 160. The original contract is merely an idea of reason, one of those ideas which we think into things in order to explain them.

Hobbes does not professedly make the contract historical, but in Locke’s Civil Government (II. Ch. VIII. § 102) there is some attempt made to give it a historical basis.—By consent all were equal, “till by the same consent they set rulers over themselves. So that their politic societies all began from a voluntary union, and the mutual agreement of men freely acting in the choice of their governors, and forms of government.”

Bluntschli points out (Theory of the State, IV. ix., p. 294 and note) that the same theory of contract on which Hobbes’ doctrine of an absolute government was based was made the justification of violent resistance to the government at the time of the French Revolution. The theory was differently applied by Hobbes, Locke and Rousseau. According to the first, men leave the “state of nature” when they surrender their rights to a sovereign, and return to that state during revolution. But, for Rousseau, this sovereign authority is the people: a revolution would be only a change of ministry. (See Cont. Soc., III. Ch. xviii.) Again Locke holds revolution to be justifiable in all cases where the governments have not fulfilled the trust reposed by the people in them. (Cf. Kant’s Perpetual Peace, p. 188, note).

[53] “If you unite many men,” writes Rousseau, (Cont. Soc., IV. I.) “and consider them as one body, they will have but one will; and that will must be to promote the common safety and general well-being of all.” This volonté générale, the common element of all particular wills, cannot be in conflict with any of them. (Op. cit., II. iii.)

[54] In Eng. trans., see p. 348.

[55] See p. 107.

[56] See p. 120.

[57] Unlike Hegel whose ideal was the Prussian state, as it was under Frederick the Great. An enthusiastic supporter of the power of monarchy, he showed himself comparatively indifferent to the progress of constitutional liberty.

[58] Isolated passages are sometimes quoted from Kant in support of a theory that the present treatise is at least half ironical[A] and that his views on the question of perpetual peace did not essentially differ from those of Leibniz. “Even war,” he says, (Kritik d. Urteilskraft, I. Book ii. § 28.) “when conducted in an orderly way and with reverence for the rights of citizens has something of the sublime about it, and the more dangers a nation which wages war in this manner is exposed to and can courageously overcome, the nobler does its character grow. While, on the other hand, a prolonged peace usually has the effect of giving free play to a purely commercial spirit, and side by side with this, to an ignoble self-seeking, to cowardice and effeminacy; and the result of this is generally a degradation of national character.”

This is certainly an admission that war which does not violate the Law of Nations has a good side as well as a bad. We could look for no less in so clear-sighted and unprejudiced a thinker. Kant would have been the first to admit that under certain conditions a nation can have no higher duty than to wage war. War is necessary, but it is in contradiction to reason and the spirit of right. The “scourge of mankind,” “making more bad men than it takes away,” the “destroyer of every good,” Kant calls it elsewhere. (Theory of Ethics, Abbott’s trans., 4th ed., p. 341, note.)

[A] Cf. K. v. Stengel: Der Ewige Friede, Munich, 1899; also Vaihinger: Kantstudien, Vol. IV., p. 58.

[59] Cf. Idea for a Universal History, Prop. 8; Perpetual Peace, pp. 142, 157.

[60] The immediate stimulus to Kant’s active interest in this subject as a practical question was the Peace of Basle (1795) which ended the first stage in the series of wars which followed the French Revolution.

[61] It is eine unausführbare Idee. See the passage quoted from the Rechtslehre, p. 129, note.

[62]Geschichte der neueren Philosophie, (4th ed., 1899), Vol. V., I. Ch. 12, p. 168 seq.

[63] See p. 114.

[64] See p. 107.

[65] See p. 110.

[66] See p. 111.

[67] See p. 112.

[68] See p. 108.

[69] A large part of Kant’s requirements as they are expressed in these Preliminary Articles has already been fulfilled. The first (Art. 1) is recognised in theory at least by modern international law. More cannot be said. A treaty of this kind is of necessity more or less forced by the stronger on the weaker. The formal ratification of peace in 1871 did not prevent France from longing for the day when she might win back Alsace-Lorraine and be revenged on Prussia. Not the treaty nor a consciousness of defeat has kept the peace west of the Rhine, but a reluctant respect for the fortress of Metz and the mighty army of united Germany.

Articles 2 and 6 are already commonplaces of international law. Article 2 refers to practices which have not survived the gradual disappearance of dynastic war. Art. 6 is the basis of our modern law of war. Art. 3 has been fulfilled in the literal sense that the standing armies composed of mercenary troops to which Kant alludes exist no longer. But it is to be feared that Kant would not think that we have made things much better, nor regard our present system of progressive armaments as a step in the direction of perpetual peace. Art. 4 is not likely to be fulfilled in the near future. It is long since Cobden denounced the institution of National Debts—an institution which, as Kant points out, owes its origin to the English, the “commercial people” referred to in the text. Art. 5 no doubt came to Kant through Vattel. “No nation,” says the Swiss publicist, (Law of Nations, II. Ch. iv. § 54) “has the least right to interfere with the government of another,” unless, he adds, (Ch. v. § 70) in a case of anarchy or where the well-being of the human race demands it. This is a recognised principle of modern international law. Intervention is held to be justifiable only where the obligation to respect another’s freedom of action comes into conflict with the duty of self-preservation.

Puffendorf leaves much more room for the exercise of benevolence. The natural affinity and kinship between men is, says he, (Les Devoirs de l’homme et du citoien, II. Ch. xvi. § xi.) “a sufficient reason to authorise us to take up defence of every person whom one sees unjustly oppressed, when he implores our aid and when we can do it conveniently.” (The italics are mine.—[Tr.])

[70] See p. 137. The main principle involved in this passage comes from Vattel (op. cit., II. Ch. viii. §§ 104, 105: Ch. ix. §§ 123, 125). A sovereign, he says, cannot object to a stranger entering his state who at the same time respects its laws. No one can be quite deprived of the right of way which has been handed down from the time when the whole earth was common to all men.

[71] See p. 120.

[72] Kant believed that, in the newly formed constitution of the United States, his ideal with regard to the external forms of the state as conforming to the spirit of justice was most nearly realised. Professor Paulsen draws attention, in the following passage, to the fact that Kant held the English government of the eighteenth century in very low esteem. (Kant, p. 357, note. See Eng. trans., p. 352, note.) It was not the English state, he says, which furnished Kant with an illustration of his theory:—“Rather in it he sees a form of despotism only slightly veiled, not Parliamentary despotism, as some people have thought, but monarchical despotism. Through bribery of the Commons and the Press, the King had actually absolute power, as was evident, above all, from the fact that he had often waged war without, and in defiance of, the will of the people. Kant has a very unfavourable opinion of the English state in every way. Among the collected notes written by him in the last ten years of the century and published by Reicke (Lose Blätter, I. 129) the following appears:—‘The English nation (gens) regarded as a people (populus) and looked upon side by side with other races is, as a collection of individuals, of all mankind the most highly to be esteemed. But as a state, compared with other states, it is the most destructive, high-handed and tyrannical, and the most provocative of war among them all.’”