CONTAINING THE DEFINITIVE ARTICLES OF A PERPETUAL PEACE BETWEEN STATES

A state of peace among men who live side by side is not the natural

state (_status naturalis_), which is rather to be described as a

state of war:[116] that is to say, although there is not perhaps

always actual open hostility, yet there is a constant threatening

that an outbreak may occur. Thus the state of peace must be

_established_.[117] For the mere cessation of hostilities is no

guarantee of continued peaceful relations, and unless this guarantee

is given by every individual to his neighbour—which can only be done

in a state of society regulated by law—one man is at liberty to

challenge another and treat him as an enemy.[118]

[116] “From this diffidence of one another, there is no way for

any man to secure himself, so reasonable, as anticipation; that

is, by force, or wiles, to master the persons of all men he can,

so long, till he see no other power great enough to endanger him:

and this is no more than his own conservation requireth, and is

generally allowed.” (Hobbes: _Lev._ I. Ch. XIII.) [Tr.]

[117] Hobbes thus describes the establishment of the state. “A

_commonwealth_ is said to be _instituted_, when a _multitude_

of men do agree, and _covenant, every one, with every one_,

that to whatsoever _man_, or _assembly of men_, shall be given

by the major part, the _right_ to _present_ the person of them

all, that is to say, to be their _representative_; everyone,

as well he that _voted for it_, as he that _voted against it_,

shall _authorize_ all the actions and judgments, of that man, or

assembly of men, in the same manner, as if they were his own, to

the end, to live peaceably amongst themselves, and be protected

against other men.” (_Lev._ II. Ch. XVIII.)

There is a covenant between them, “as if every man should say to

every man, _I authorise and give up my right of governing myself,

to this man, or to this assembly of men, on this condition, that

thou give up thy right to him, and authorize all his actions in

like manner_.” (_Lev._ II. Ch. XVII.) [Tr.]

[118] It is usually accepted that a man may not take hostile

steps against any one, unless the latter has already injured

him by act. This is quite accurate, if both are citizens of a

law-governed state. For, in becoming a member of this community,

each gives the other the security he demands against injury, by

means of the supreme authority exercising control over them both.

The individual, however, (or nation) who remains in a mere state

of nature deprives me of this security and does me injury, by

mere proximity. There is perhaps no active (_facto_) molestation,

but there is a state of lawlessness, (_status injustus_) which,

by its very existence, offers a continual menace to me. I can

therefore compel him, either to enter into relations with me

under which we are both subject to law, or to withdraw from my

neighbourhood. So that the postulate upon which the following

articles are based is:—“All men who have the power to exert

a mutual influence upon one another must be under a civil

government of some kind.”

A legal constitution is, according to the nature of the

individuals who compose the state:—

(1) A constitution formed in accordance with the right of

citizenship of the individuals who constitute a nation (_jus

civitatis_).

(2) A constitution whose principle is international law which

determines the relations of states (_jus gentium_).

(3) A constitution formed in accordance with cosmopolitan law,

in as far as individuals and states, standing in an external

relation of mutual reaction, may be regarded as citizens of one

world-state (_jus cosmopoliticum_).

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.

Perpetual Peace: A Philosophical Essay · 第 17 / 28 题