Perpetual Peace: A Philosophical Essay — Kant — John Shaqi
Perpetual Peace: A Philosophical Essay
Kant · en
Although the laws stated are, objectively regarded, (_i.e._ in so far
as they affect the action of rulers) purely prohibitive laws (_leges
prohibitivæ_), some of them (_leges strictæ_) are strictly valid
without regard to circumstances and urgently require to be enforced.
Such are Nos. 1, 5, 6. Others, again, (like Nos. 2, 3, 4) although
not indeed exceptions to the maxims of law, yet in respect of the
practical application of these maxims allow subjectively of a certain
latitude to suit particular circumstances. The enforcement of these
_leges latæ_ may be legitimately put off, so long as we do not lose
sight of the ends at which they aim. This purpose of reform does not
permit of the deferment of an act of restitution (as, for example,
the restoration to certain states of freedom of which they have been
deprived in the manner described in article 2) to an infinitely
distant date—as Augustus used to say, to the “Greek Kalends”, a day
that will never come. This would be to sanction non-restitution.
Delay is permitted only with the intention that restitution should
not be made too precipitately and so defeat the purpose we have
in view. For the prohibition refers here only to the _mode of
acquisition_ which is to be no longer valid, and not to the _fact of
possession_ which, although indeed it has not the necessary title of
right, yet at the time of so-called acquisition was held legal by all
states, in accordance with the public opinion of the time.[115]
[115] It has been hitherto doubted, not without reason, whether
there can be laws of permission (_leges permissivæ_) of pure
reason as well as commands (_leges præceptivæ_) and prohibitions
(_leges prohibitivæ_). For law in general has a basis of
objective practical necessity: permission, on the other hand, is
based upon the contingency of certain actions in practice. It
follows that a law of permission would enforce what cannot be
enforced; and this would involve a contradiction, if the object
of the law should be the same in both cases. Here, however,
in the present case of a law of permission, the presupposed
prohibition is aimed merely at the future manner of acquisition
of a right—for example, acquisition through inheritance: the
exemption from this prohibition (_i.e._ the permission) refers
to the present state of possession. In the transition from a
state of nature to the civil state, this holding of property can
continue as a _bona fide_, if usurpatory, ownership, under the
new social conditions, in accordance with a permission of the Law
of Nature. Ownership of this kind, as soon as its true nature
becomes known, is seen to be mere nominal possession (_possessio
putativa_) sanctioned by opinion and customs in a natural state
of society. After the transition stage is passed, such modes of
acquisition are likewise forbidden in the subsequently evolved
civil state: and this power to remain in possession would not