Why We Are at War (2nd Edition, revised)University of Oxford. Faculty of Modern History
History
Why We Are at War (2nd Edition, revised)
University of Oxford. Faculty of Modern History
World War, 1914-1918
failed to see that might must justify itself by having a content, that
is to say, by being used to spread the highest moral culture. It is
naturally assumed by German nationalists that this is German culture.
Two results flow from this philosophy, one negative, the other positive.
The negative result is the repudiation of any idea of the final
character of international obligation; the other is the praise of the
glory of war.
_Salus populi suprema lex_; and to it all international 'law' so called
must bend. The absolute sovereignty of the state is necessary for its
absolute power; and that absolute sovereignty cannot be bound by _any_
obligation, even of its own making. Every treaty or promise made by a
state, Treitschke holds, is to be understood as limited by the proviso
_rebus sic stantibus_. 'A state cannot bind its will for the future over
against other states.' International treaties are no absolute
limitation, but a voluntary self-limitation of the state, and only for
such time as the state may find to be convenient. The state has no judge
set over it, and any 'legal' obligation it may incur is in the last
resort subject to its own decision--in other words, to its own
repudiation.[180] That the end justifies the means (in other words, that
the maintenance of the German Empire as it stands justifies the
violation of an international obligation) 'has a certain truth'. 'It is
ridiculous to advise a state which is in competition with other states
to start by taking the catechism into its hands.' All these hints of his
master were adopted and expanded by Bernhardi, the faithful disciple of
Treitschke, whose Berlin lectures were attended in the last quarter of
the nineteenth century by soldiers and officials as well as by students.
There is no such thing, Bernhardi feels, as universal international law.
'Each nation evolves its own conception of Right (_Recht_): none can say
that one nation has a better conception than another.' 'No
self-respecting nation would sacrifice its own conception of Right' to
any international rule: 'by so doing it would renounce its own highest
ideals.' The ardent nationalism which will reject foreign words and
foreign wares will reject international law as something 'foreign'.
Again, Bernhardi makes play with the proviso _rebus sic stantibus_; and
this, curiously enough, he does in reference to Belgium. Things are
altered in Belgium, and therefore the plighted word of Germany may no
longer be binding. 'When Belgium was proclaimed neutral, no one
contemplated that she would lay claim to a large and valuable region of
Africa. It may well be asked whether the acquisition of such territory
is not _ipso facto_ a breach of neutrality.'[181]
Public-domain text, read in full here on John Shaqi.
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