SECTION II
 

CONTAINING THE DEFINITIVE ARTICLES
FOR PERPETUAL PEACE AMONG STATES

 

The state of peace among men living side by side is not the natural state (status naturalis); the natural state is one of war. This does not 'always mean open hostilities, but at least an unceasing threat of war. A state of peace, therefore, must be established, for in order to be secured against hostility it is not sufficient that hostilities simply be not committed; and, unless this security is pledged to each by his neighbor (a thing that can occur only in a civil state), each may treat his neighbor, from whom he demands this security, as an enemy.'  

FIRST DEFINITIVE ARTICLE FOR PERPETUAL PEACE

 "The Civil Constitution of Every State Should Be Republican"

 The only constitution which derives from the idea of the original compact, and on which all juridical legislation of a people must be based, is the republicans This constitution is established, firstly, by principles of the freedom of the members of a society (as men); secondly, by principles of dependence of all upon a single common legislation (as subjects); and, thirdly, by the law of their equality (as citizens). The republican constitution, therefore, is, with respect to law, the one which is the original basis of every form of civil constitution. The only question now is: Is it also the one which can lead to perpetual peace?

The republican constitution, besides the purity of its origin (having sprung from the pure source of the concept of law), also gives a favorable prospect for the desired consequence, i.e., perpetual peace. The reason is this: if the consent of the citizens is required in order to decide that war should be declared (and in this constitution it cannot but be the case), nothing is more natural than that they would be very cautious in commencing such a poor game, decreeing for themselves all the calamities of war. Among the latter would be: having to fight, having to pay the costs of war from their own resources, having painfully to repair the devastation war leaves behind, and, to fill up the measure of evils, load themselves with a heavy national debt that would embitter peace itself and that can never be liquidated on account of constant wars in the future. But, on the other hand, in a constitution which is not republican, and under which the subjects are not citizens, a declaration of war is the easiest thing in the world to deci e upon, because war does not require of the ruler, who is the proprietor and not a member of the state, the least sacrifice of the pleasures of his table, the chase, his country houses, his court functions, and the like. He may, therefore, resolve on war as on a pleasure party for the most trivial reasons, and with perfect indifference leave the justification which decency requires to the diplomatic corps who are ever ready to provide it.

In order not to confuse the republican constitution with the democratic (as is commonly done), the following should be noted. The forms of a state (civitas) can be divided either according to the persons who possess the sovereign power or according to the mode of administration exercised over the people by the chief, whoever he may be. The first is properly called the form of sovereignty (forma imperii), and there are only three possible forms of it: autocracy, in which one, aristocracy, in which some associated together, or democracy, in which all those who constitute society, possess sovereign power. They may be characterized, respectively, as the,power of a monarch, of the nobiliti, or of the people. The second division is that by the form of government (forma regiminis) and is based on the way in which the state makes use of its power; this way is based on the constitution, which is the act of the general will through which the many persons become one nation. In this respect government is either republican or despotic. Republicanism is the political principle of the separation of the executive power (the administration) from the legislative; despotism is that of the autonomous execution by the state of laws which it has itself decreed. Thus in a despotism the public will is administered by the ruler as his own will. Of the three forms of the state, that of democracy is, properly speaking, necessarily a despotism, because it establishes an executive power in which "all" decide for or even against one who does not agree; that is, "all," who are not quite all, decide, and this is a contradiction of the general will with itself and with freedom. 

Every form of government which is not representative is, properly speaking, without form. The legislator can unite in one and the same person his function as legislative and as executor of his will just as little as the universal of the major premise in a syllogism can also be the subsumption of the particular under the universal in the minor. And even though the other two constitutions are always defective to the extent that they do leave room for this mode of administration, it is at least possible for them to assume a mode of government conforming to the spirit of a representative system (as when Frederick II 3 at least said he was merely the first servant of the state).4 On the other hand, the democratic mode of government makes this impossible, since everyone wishes to be master. Therefore, we can say: the smaller the personnel of the government (the smaller the number of rulers), the greater is their representation and the more nearly the constitution approaches to the possibility of republicanism; thus the constitution may be expected by gradual reform finally to raise itself to republicanism. For these reasons it is more difficult for an aristocracy than for a monarchy to achieve the one completely juridical constitution, and it is impossible for a democracy to do so except by violent revolution. 

The mode of governments (5) however, is incomparably more important to the people than the form of sovereignty, although much depends on the greater or lesser suitability of the latter to the end of [good] government. To conform to the concept of law, however, government must have a representative form, and in this system only a republican mode of government is possible; without it, government is despotic and arbitrary, whatever the constitution ' may be. None of the ancient so-called "republics" knew this system, and they all finally and inevitably degenerated into despotism under the sovereignty of one, which is the most bearable of all forms of despotism. 


FOOTNOTES TO SECTION II

We ordinarily assume that no one-may act inimically toward another except when he has been actively injured by the other. This is quite correct if both are under civil law, for, by entering into such a state, they afford each other the requisite security through the sovereign which has power over,both. Man (or the people) in the state of nature deprives me of this security and injures me, if he is near me, by this mere status of his, even though he does not injure me actively (facto): he does so by the lawlessness of his condition (statu iniusto) which constantly threatens me. Therefore, I can compel him either to enter with me into a state of civil law or to remove himself from my neighborhood. The postulate which is basic to all the following articles is: All men who can reciprocally influence each other must stand under some civil constitution.

Every juridical constitution which concerns the person who stands under it is one of the following: 

(1) The constitution conforming to the civil law of men in a nation (ius civitatis).

(2) The constitution conforming to the law of nations in their relation to one another (ius gentium).

(3) The constitution conforming to the law of world citizenship, so far as men and states are considered as citizens of a universal state of men, in their external mutual relationships (ius cosmopoliticum).

This division is not arbitrary, being necessary in relation to the idea of perpetual peace. For if only one state were related to another by physical influence and were yet in a state of nature, war would necessarily follow, and our purpose here is precisely to free ourselves of war.

2juridical (and hence) external freedom cannot be defined, as is usual, by the privilege of doing anything one wills so long as he does not injure another. For what is a privilege? It is the possibility of an action so far as one does not injure anyone by it. Then the definition would read: Freedom is the possibility of those actions by which one does no one an injury. One does another no injury (he may do as he pleases) only i f be does another no injury-an empty tautology. Rather, my external Ouridical) freedom is to be defined as follows: It is the privilege to lend obedience to no external laws except those to which I could have given consent. Similarly, external Ouridical) equality in a state is that relationship among the citizens in which no one can lawfully bind another without at the same time subjecting himself to the law by which he also can be bound. No definition of juridical dependence is needed, as this already lies in the concept of a state's constitution as such.

The validity of these inborn rights, which are inalienable and be. long necessarily to humanity, is raised to an even higher level by the principle of the juridical relation of man to higher beings, for, if he believes in them, he regards himself by the same principles as a citizen of a supersensuous world. For in what concerns my freedom, I have no obligation wi th respect to divine law, which can be acknowledged by my reason alone, except in so far as I could have given my consent to it' Indeed, it is only through the law of freedom of my own reason that I frame a concept of the divine will. With regard to the most sublime reason in the world that I can think of, with the exception of God-say, the great Aeon-when I do my duty in my post as he does in his, there is no reason under the law of equality why obedience to duty should fall only to me and the right to command only to him. The reason why this principle of equality does not pertain to our relation to God (as the principle of freedom does) is that this Being is the only one to which the concept of duty does not apply.

But with respect to the right of equality of all citizens as subjects, the question of whether a hereditary nobility may be tolerated turns upon the answer to the question as to whether the pre-eminent rank granted by the state to one citizen over another ought to precede merit or follow it. Now it is obvious that, if rank is associated with birth, it is uncertain whether merit (political skill and integrity) will also follow; hence it would be as if a favorite without any merit were 'given command. The general will of the people would never agree to this in the original contract, which is the principle of all law, for a nobleman is not necessarily a noble man. With regard to the nobility of office (as we might call the rank of the higher magistracy) which one must earn by merit, this rank does not belong to the person as his property; it belongs to his post, and equality is not thereby infringed, because when a man quits his office he renounces the rank it confers and re-enters into the class of his fellows.

3 [Frederick the Great, in his Anti-Macchiavel.]

4 The lofty epithets of "the Lord's anointed...... the executor of the divine will on earth," and "the vicar of God," which have been lavished on sovereigns, have been frequently censured as crude and intoxicating flatteries. But this seems to me without good reason. Far from inspiring a monarch with pride, they should rather render him humble, providing he possesses some intelligence (which we must assume). They should make him reflect that he has taken an office too great for man, an office which is the holiest God has ordained on earth, to be the trustee of the rights of men, and that he must always stand in dread of having in some way injured this "apple of God's eye."

5 Mallet du Pan,* in his pompous but empty and hollow language, pretends to have become convinced, after long experience, of the truth of Pope's well-known saying:

"For forms of government let fools contest:
Whateer is best administered, is best." †

If that means that the best-administered state is the state that is best administered, he has, to make use of Swift's expression, "cracked a nut to come at a maggot." But if it means that the best-administered state also has the best mode of government, i.e., the best constitution, then it is thoroughly wrong, for examples of good governments prove nothing about the form of government. Whoever reigned better than a Titus and a Marcus Aurelius? Yet one was succeeded by a Domitian and the other by a Comniodus. This could never have happened under a good constitution, for their unworthiness for this post was known early enough and also the power of the ruler was sufficient to have excluded them.

* [Jacques Mallet du Pan (1749-1800), in his Ober die franzdsische Revolution und die Ursachen iltrer Dauer (1794).]

 † [Essay on Man, III, 303-4.]


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