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.”

[A] Cf. K. v. Stengel: _Der Ewige Friede_, Munich, 1899; also Vaihinger: _Kantstudien_, Vol. IV., p. 58.

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_.)

[59] Cf. _Idea for a Universal History_, Prop. 8; _Perpetual Peace_, pp. 142, 157.

This scheme of a federation of the nations of the world, in accordance with principles which would put an end to war between them, was one whose interest for Kant seemed to increase during the last twenty years of his life.[60] It was according to him an idea of reason, and, in his first essay on the subject—that of 1784—we see the place this ideal of a perpetual peace held in the Kantian system of philosophy. Its realisation is the realisation of the highest good—the ethical and political _summum bonum_, for here the aims of morals and politics coincide: only in a perfect development of his faculties in culture and in morals can man at last find true happiness. History is working towards the consummation of this end. A moral obligation lies on man to strive to establish conditions which bring its realisation nearer. It is the duty of statesmen to form a federative union as it was formerly the duty of individuals to enter the state. The moral law points the way here as clearly as in the sphere of pure ethics:—“Thou can’st, therefore thou ought’st.”

[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.

Let us be under no misapprehension as to Kant’s attitude to the problem of perpetual peace. It is an ideal. He states plainly that he so regards it[61] and that as such it is unattainable. But this is the essence of all ideals: they have not the less value in shaping the life and character of men and nations on that account. They are not ends to be realised but ideas according to which we must live, regulative principles. We cannot, says Kant, shape our life better than in acting as if such ideas of reason have objective validity and there be an immortal life in which man shall live according to the laws of reason, in peace with his neighbour and in freedom from the trammels of sense.

[61] It is _eine unausführbare Idee_. See the passage quoted from the _Rechtslehre_, p. 129, _note_.

Hence we are concerned here, not with an end, but with the means by which we might best set about attaining it, if it were attainable. This is the subject matter of the _Treatise on Perpetual Peace_ (1795), a less eloquent and less purely philosophical essay than that of 1784, but throughout more systematic and practical. We have to do, not with the favourite dream of philanthropists like St. Pierre and Rousseau, but with a statement of the conditions on the fulfilment of which the transition to a reign of peace and law depends.

_The Conditions of the Realisation of the Kantian Ideal._

These means are of two kinds. In the first place, what evils must we set about removing? What are the negative conditions? And, secondly, what are the general positive conditions which will make the realisation of this idea possible and guarantee the permanence of an international peace once attained? These negative and positive conditions Kant calls Preliminary and Definitive Articles respectively, the whole essay being carefully thrown into the form of a treaty. The Preliminary Articles of a treaty for perpetual peace are based on the principle that anything that hinders or threatens the peaceful co-existence of nations must be abolished. These conditions have been classified by Kuno Fischer. Kant, he points out,[62] examines the principles of right governing the different sets of circumstances in which nations find themselves—namely, (_a_) while they are actually at war; (_b_) when the time comes to conclude a treaty of peace; (_c_) when they are living in a state of peace. The six Preliminary Articles fall naturally into these groups. War must not be conducted in such a manner as to increase national hatred and embitter a future peace. (Art. 6.)[63] The treaty which brings hostilities to an end must be concluded in an honest desire for peace. (Art. 1.)[64] Again a nation, when in a state of peace, must do nothing to threaten the political independence of another nation or endanger its existence, thereby giving the strongest of all motives for a fresh war. A nation may commit this injury in two ways: (1) indirectly, by causing danger to others through the growth of its standing army (Art. 3)[65]—always a menace to the state of peace—or by any unusual war preparations: and (2) through too great a supremacy of another kind, by amassing money, the most powerful of all weapons in warfare. The National Debt (Art. 4)[66] is another standing danger to the peaceful co-existence of nations. But, besides, we have the danger of actual attack. There is no right of intervention between nations. (Art. 5.)[67] Nor can states be inherited or conquered (Art. 2),[68] or in any way treated in a manner subversive of their independence and sovereignty as individuals. For a similar reason, armed troops cannot be hired and sold as things.

[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.

These then are the negative conditions of peace.[69] There are, besides, three positive conditions:

[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.])

(_a_) The intercourse of nations is to be confined to a right of hospitality. (Art. 3.)[70] There is nothing new to us in this assertion of a right of way. The right to free means of international communication has in the last hundred years become a commonplace of law. And the change has been brought about, as Kant anticipated, not through an abstract respect for the idea of right, but through the pressure of purely commercial interests. Since Kant’s time the nations of Europe have all been more or less transformed from agricultural to commercial states whose interests run mainly in the same direction, whose existence and development depend necessarily upon “conditions of universal hospitality.” Commerce depends upon this freedom of international intercourse, and on commerce mainly depends our hope of peace.

[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.

(_b_) The first Definitive Article[71] requires that the constitution of every state should be republican. What Kant understands by this term is that, in the state, law should rule above force and that its constitution should be a representative one, guaranteeing public justice and based on the freedom and equality of its members and their mutual dependence on a common legislature. Kant’s demand is independent of the _form_ of the government. A constitutional monarchy like that of Prussia in the time of Frederick the Great, who regarded himself as the first servant of the state and ruled with the wisdom and forethought which the nation would have had the right to demand from such an one—such a monarchy is not in contradiction to the idea of a true republic. That the state should have a constitution in accordance with the principles of right is the essential point.[72] To make this possible, the law-giving power must lie with the representatives of the people: there must be a complete separation, such as Locke and Rousseau demand, between the legislature and executive. Otherwise we have despotism. Hence, while Kant admitted absolutism under certain conditions, he rejected democracy where, in his opinion, the mass of the people was despot.

[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.’”

Kuno Fischer (_op. cit._, Vol. V., I. Ch. 11, pp. 150, 151) to whom Professor Paulsen’s reference may here perhaps allude, states that Kant’s objection to the English constitution is that it was an oligarchy, Parliament being not only a legislative body, but through its ministers also executive in the interests of the ruling party or even of private individuals in that party. It seems more likely that what most offended a keen observer of the course of the American War of Independence was the arbitrary and ill-directed power of the king. But see the passage quoted by Fischer (pp. 152, 153) from the _Rechtslehre_ (