The _reservatio mentalis_, too, of "_rebus sic stantibus_" is an
unwarrantable and wicked reservation. Nothing prevents a decent man when
making a contract from adding a clause reserving the right to terminate
it if the essential conditions should change. If the other party to the
contract does not agree to this, well, then the contract cannot be
concluded. But to sign it with the mental reservation that one will
disavow one's signature if the obligations undertaken become irksome,
that is swindling. There is one consideration so simple that it is
inconceivable that those who break contracts do not realize it. In some
concrete case the leader of the state judges it to be profitable to the
state to disregard good faith. What guarantee has he that his judgment
is right? He is a man, and no man is infallible. But all mankind have
made good faith the foundation of their life in communities, and if a
single man has the temerity to draw a conclusion violating the immutable
convictions and doctrines of all mankind, he must be mad not to see that
most probably he is wrong and that all mankind in every age and every
clime is right. I have left out of consideration the fact that any
possible advantage arising from the breach of faith would not excuse him
morally, and setting aside the ethical aspect of the case, I dwell only
on the logical argument.
There is one case and one only in which a contract is not binding,
either on the state or on the private individual, and that is when the
signatory was forced to enter upon it with a knife at his throat.
Obligations which a victor imposes on his defeated and disarmed opponent
are by their very nature invalid. The old cry of Brennus: "_Vae
victis!_" is might and cannot constitute a right. Civil law calls this
kind of thing compulsion and decrees that it invalidates any contract.
Only a pedantic mind, stupid and depraved, immersed in hair-splitting
trickery and incapable of a straight thought, could complacently
maintain in the face of all common sense that might and compulsion, far
from doing away with right, are the source of all right. The silly
formula coined for this is: "Might is right." Might may be a fact, but
it is not right. The source of right is not might but Morality, which
might disavows and destroys. The necessary condition of any obligation
which is to be valid is freedom. Kant proved this, but his proof was
unnecessary, for it is self-evident. A forced treaty is no treaty, for
it is the victor's fist which has guided the hand of the vanquished, and
it is he who wrote the latter's signature under the document. The will,
the consciousness of the seeming signatory were absent at the time.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account