Perpetual Peace: A Philosophical Essay — Kant — John Shaqi
Perpetual Peace: A Philosophical Essay
Kant · en
2.—=International Law.= There can be no question of an international
law, except on the assumption of some kind of a law-governed
state of things, the external condition under which any right can
belong to man. For the very idea of international law, as public
right, implies the publication of a universal will determining the
rights and property of each individual nation; and this _status
juridicus_ must spring out of a contract of some sort which may not,
like the contract to which the state owes its origin, be founded
upon compulsory laws, but may be, at the most, the agreement of a
permanent free association such as the federation of the different
states, to which we have alluded above. For, without the control
of law to some extent, to serve as an active bond of union among
different merely natural or moral individuals,—that is to say, in
a state of nature,—there can only be private law. And here we find
a disagreement between morals, regarded as the science of right,
and politics. The criterion, obtained by observing the effect of
publicity on maxims, is just as easily applied, but only when we
understand that this agreement binds the contracting states solely
with the object that peace may be preserved among them, and between
them and other states; in no sense with a view to the acquisition of
new territory or power. The following instances of antinomy occur
between politics and morals, which are given here with the solution
in each case.
_a._ “When either of these states has promised something to another,
(as, for instance, assistance, or a relinquishment of certain
territory, or subsidies and such like), the question may arise
whether, in a case where the safety of the state thus bound depends
on its evading the fulfilment of this promise, it can do so by
maintaining a right to be regarded as a double person:—firstly,
as sovereign and accountable to no one in the state of which that
sovereign power is head; and, secondly, merely as the highest
official in the service of that state, who is obliged to answer to
the state for every action. And the result of this is that the state
is acquitted in its second capacity of any obligation to which it has
committed itself in the first.” But, if a nation or its sovereign
proclaimed these maxims, the natural consequence would be that every
other would flee from it, or unite with other states to oppose such
pretensions. And this is a proof that politics, with all its cunning,
defeats its own ends, if the test of making principles of action
public, which we have indicated, be applied. Hence the maxim we have
quoted must be wrong.