The method by which states prosecute their rights can never be by
process of law—as it is where there is an external tribunal—but
only by war. Through this means, however, and its favourable issue,
victory, the question of right is never decided. A treaty of peace
makes, it may be, an end to the war of the moment, but not to the
conditions of war which at any time may afford a new pretext
for opening hostilities; and this we cannot exactly condemn as
unjust, because under these conditions everyone is his own judge.
Notwithstanding, not quite the same rule applies to states according
to the law of nations as holds good of individuals in a lawless
condition according to the law of nature, namely, “that they ought
to advance out of this condition.” This is so, because, as states,
they have already within themselves a legal constitution, and have
therefore advanced beyond the stage at which others, in accordance
with their ideas of right, can force them to come under a wider
legal constitution. Meanwhile, however, reason, from her throne of
the supreme law-giving moral power, absolutely condemns war[129] as
a morally lawful proceeding, and makes a state of peace, on the
other hand, an immediate duty. Without a compact between the nations,
however, this state of peace cannot be established or assured. Hence
there must be an alliance of a particular kind which we may call a
covenant of peace (_foedus pacificum_), which would differ from a
treaty of peace (_pactum pacis_) in this respect, that the latter
merely puts an end to one war, while the former would seek to put
an end to war for ever. This alliance does not aim at the gain of
any power whatsoever of the state, but merely at the preservation
and security of the freedom of the state for itself and of other
allied states at the same time.[130] The latter do not, however,
require, for this reason, to submit themselves like individuals in
the state of nature to public laws and coercion. The practicability
or objective reality of this idea of federation which is to extend
gradually over all states and so lead to perpetual peace can be
shewn. For, if Fortune ordains that a powerful and enlightened people
should form a republic,—which by its very nature is inclined to
perpetual peace—this would serve as a centre of federal union for
other states wishing to join, and thus secure conditions of freedom
among the states in accordance with the idea of the law of nations.
Gradually, through different unions of this kind, the federation
would extend further and further.
[129] “The natural state,” says Hobbes, (_On Dominion_, Ch. VII.
§ 18) “hath the same proportion to the civil, (I mean, liberty to
subjection), which passion hath to reason, or a beast to a man.”