Perpetual Peace: A Philosophical EssayKant, Immanuel
PhilosophyPhilosophy
Perpetual Peace: A Philosophical Essay
Kant, Immanuel
Peace
In the beginning of the seventeenth century, Grotius laid the
foundations of a code of universal law (_De Jure Belli et Pacis_,
1625) independent of differences of religion, in the hope that its
recognition might simplify the intercourse between the newly formed
nations. The primary object of this great work, written during the
misery and horrors of the Thirty Years’ war, was expressly to draw
attention to these evils and suggest some methods by which the
severity of warfare might be mitigated. Grotius originally meant to
explain only one chapter of the law of nations:[27] his book was
to be called _De Jure Belli_, but there is scarcely any subject of
international law which he leaves untouched. He obtained, moreover,
a general recognition for the doctrine of the Law of Nature which
exerted so strong an influence upon succeeding centuries; indeed,
between these two sciences, as between international law and
ethics, he draws no very sharp line of demarcation, although, on
the whole, in spite of an unscientific, scholastic use of quotation
from authorities, his treatment of the new field is clear and
comprehensive. Grotius made the attempt to set up an ethical
principle of right, in the stead of such doctrines of self-interest
as had been held by many of the ancient writers. There was a law, he
held, established in each state purely with a view to the interests
of that state, but, besides this, there was another higher law in
the interest of the whole society of nations. Its origin was divine;
the reason of man commanded his obedience. This was what we call
international law.[28]
[27] See Maine’s _Ancient Law_, pp. 50-53: pp. 96-101. Grotius
wrongly understood “Jus Gentium,” (“a collection of rules
and principles, determined by observation to be common to
the institutions which prevailed among the various Italian
tribes”) to mean “Jus _inter_ gentes.” The Roman expression for
International Law was not “Jus Gentium,” but “Jus Feciale.”
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