CONCERNING THE HARMONY OF POLITICS WITH MORALS ACCORDING TO THE
TRANSCENDENTAL IDEA OF PUBLIC RIGHT
If I look at public right from the point of view of most professors
of law, and abstract from its _matter_ or its empirical elements,
varying according to the circumstances given in our experience of
individuals in a state or of states among themselves, then there
remains the _form_ of publicity. The possibility of this publicity,
every legal title implies. For without it there could be no justice,
which can only be thought as before the eyes of men; and, without
justice, there would be no right, for, from justice only, right can
come.
This characteristic of publicity must belong to every legal title.
Hence, as, in any particular case that occurs, there is no difficulty
in deciding whether this essential attribute is present or not,
(whether, that is, it is reconcilable with the principles of the
agent or not), it furnishes an easily applied criterion which is to
be found _a priori_ in the reason, so that in the particular case we
can at once recognise the falsity or illegality of a proposed claim
(_praetensio juris_), as it were by an experiment of pure reason.
Having thus, as it were, abstracted from all the empirical elements
contained in the concept of a political and international law, such
as, for instance, the evil tendency in human nature which makes
compulsion necessary, we may give the following proposition as the
_transcendental formula_ of public right:—“All actions relating to
the rights of other men are wrong, if the maxims from which they
follow are inconsistent with publicity.”
This principle must be regarded not merely as ethical, as belonging
to the doctrine of virtue, but also as juridical, referring to the
rights of men. For there is something wrong in a maxim of conduct
which I cannot divulge without at once defeating my purpose, a maxim
which must therefore be kept secret, if it is to succeed, and which
I could not publicly acknowledge without infallibly stirring up the
opposition of everyone. This necessary and universal resistance with
which everyone meets me, a resistance therefore evident _a priori_,
can be due to no other cause than the injustice with which such a
maxim threatens everyone. Further, this testing principle is merely
negative; that is, it serves only as a means by which we may know
when an action is unjust to others. Like axioms, it has a certainty
incapable of demonstration; it is besides easy of application as
appears from the following examples of public right.