This classification is not an arbitrary one, but is necessary
with reference to the idea of perpetual peace. For, if even
one of these units of society were in a position physically to
influence another, while yet remaining a member of a primitive
order of society, then a state of war would be joined with these
primitive conditions; and from this it is our present purpose to
free ourselves.
FIRST DEFINITIVE ARTICLE OF PERPETUAL PEACE
I.—“The civil constitution of each state shall be republican.”
The only constitution which has its origin in the idea of the
original contract, upon which the lawful legislation of every nation
must be based, is the republican.[119] It is a constitution, in the
first place, founded in accordance with the principle of the freedom
of the members of society as human beings: secondly, in accordance
with the principle of the dependence of all, as subjects, on a common
legislation: and, thirdly, in accordance with the law of the equality
of the members as citizens. It is then, looking at the question of
right, the only constitution whose fundamental principles lie at the
basis of every form of civil constitution. And the only question for
us now is, whether it is also the one constitution which can lead to
perpetual peace.
[119] Lawful, that is to say, external freedom cannot be defined,
as it so often is, as the right [_Befugniss_] “to do whatever one
likes, so long as this does not wrong anyone else.”[B] For what
is this right? It is the possibility of actions which do not lead
to the injury of others. So the explanation of a “right” would be
something like this:—“Freedom is the possibility of actions which
do not injure anyone. A man does not wrong another—whatever his
action—if he does not wrong another”: which is empty tautology.
My external (lawful) freedom is rather to be explained in
this way: it is the right through which I require not to obey
any external laws except those to which I could have given my
consent. In exactly the same way, external (legal) equality in a
state is that relation of the subjects in consequence of which
no individual can legally bind or oblige another to anything,
without at the same time submitting himself to the law which
ensures that he can, in his turn, be bound and obliged in like
manner by this other.
[B] Hobbes’ definition of freedom is interesting. See _Lev._ II.
Ch. XXI.:—“A FREEMAN, _is he, that in those things, which by his
strength and wit he is able to do, is not hindered to do what he
has a will to_.” [Tr.]