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.]

The principle of lawful independence requires no explanation,

as it is involved in the general concept of a constitution.

The validity of this hereditary and inalienable right, which

belongs of necessity to mankind, is affirmed and ennobled by the

principle of a lawful relation between man himself and higher

beings, if indeed he believes in such beings. This is so, because

he thinks of himself, in accordance with these very principles,

as a citizen of a transcendental world as well as of the world

of sense. For, as far as my freedom goes, I am bound by no

obligation even with regard to Divine Laws—which are apprehended

by me only through my reason—except in so far as I could have

given my assent to them; for it is through the law of freedom

of my own reason that I first form for myself a concept of a

Divine Will. As for the principle of equality, in so far as it

applies to the most sublime being in the universe next to God—a

being I might perhaps figure to myself as a mighty emanation of

the Divine spirit,—there is no reason why, if I perform my duty

in the sphere in which I am placed, as that aeon does in his,

the duty of obedience alone should fall to my share, the right

to command to him. That this principle of equality, (unlike the

principle of freedom), does not apply to our relation to God is

due to the fact that, to this Being alone, the idea of duty does

not belong.

As for the right to equality which belongs to all citizens as

subjects, the solution of the problem of the admissibility of

an hereditary nobility hinges on the following question:—“Does

social rank—acknowledged by the state to be higher in the case

of one subject than another—stand above desert, or does merit

take precedence of social standing?” Now it is obvious that, if

high position is combined with good family, it is quite uncertain

whether merit, that is to say, skill and fidelity in office, will

follow as well. This amounts to granting the favoured individual

a commanding position without any question of desert; and to

that, the universal will of the people—expressed in an original

contract which is the fundamental principle of all right—would

never consent. For it does not follow that a nobleman is a man

of noble character. In the case of the official nobility, as one

might term the rank of higher magistracy—which one must acquire

by merit—the social position is not attached like property to the

person but to his office, and equality is not thereby disturbed;

for, if a man gives up office, he lays down with it his official

rank and falls back into the rank of his fellows.

Now the republican constitution apart from the soundness of its

origin, since it arose from the pure source of the concept of right,

has also the prospect of attaining the desired result, namely,

perpetual peace. And the reason is this. If, as must be so under this

constitution, the consent of the subjects is required to determine

whether there shall be war or not, nothing is more natural than that

they should weigh the matter well, before undertaking such a bad

business. For in decreeing war, they would of necessity be resolving

to bring down the miseries of war upon their country. This implies:

they must fight themselves; they must hand over the costs of the war

out of their own property; they must do their poor best to make good

the devastation which it leaves behind; and finally, as a crowning

ill, they have to accept a burden of debt which will embitter even

peace itself, and which they can never pay off on account of the new

wars which are always impending. On the other hand, in a government

where the subject is not a citizen holding a vote, (_i.e._ in a

constitution which is not republican), the plunging into war is the

least serious thing in the world. For the ruler is not a citizen,

but the owner of the state, and does not lose a whit by the war,

while he goes on enjoying the delights of his table or sport, or

of his pleasure palaces and gala days. He can therefore decide on

war for the most trifling reasons, as if it were a kind of pleasure

party.[120] Any justification of it that is necessary for the sake of

decency he can leave without concern to the diplomatic corps who are

always only too ready with their services.

[120] Cf. Cowper: _The Winter Morning Walk_:—

“But is it fit, or can it bear the shock

Of rational discussion, that a man,

Compounded and made up like other men

Of elements tumultuous, . . . . . . .

. . . . . . . . . . . . . . . . . . .

Should when he pleases, and on whom he will,

Wage war, with any or with no pretence

Of provocation giv’n or wrong sustain’d,

And force the beggarly last doit, by means

That his own humour dictates, from the clutch

Of poverty, that thus he may procure

His thousands, weary of penurious life,

A splendid opportunity to die?”

. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . .

“He deems a thousand or ten thousand lives

Spent in the purchase of renown for him,

An easy reckoning.” [Tr.]

* * * * *

The following remarks must be made in order that we may not fall into

the common error of confusing the republican with the democratic

constitution. The forms of the state (_civitas_)[121] may be

classified according to either of two principles of division:—the

difference of the persons who hold the supreme authority in the

state, and the manner in which the people are governed by their

ruler whoever he may be. The first is properly called the form

of sovereignty (_forma imperii_), and there can be only three

constitutions differing in this respect: where, namely, the supreme

authority belongs to only one, to several individuals working

together, or to the whole people constituting the civil society. Thus

we have autocracy or the sovereignty of a monarch, aristocracy or

the sovereignty of the nobility, and democracy or the sovereignty

of the people. The second principle of division is the form of

government (_forma regiminis_), and refers to the way in which the

state makes use of its supreme power: for the manner of government

is based on the constitution, itself the act of that universal will

which transforms a multitude into a nation. In this respect the form

of government is either republican or despotic. Republicanism is the

political principle of severing the executive power of the government

from the legislature. Despotism is that principle in pursuance of

which the state arbitrarily puts into effect laws which it has itself

made: consequently it is the administration of the public will, but

this is identical with the private will of the ruler. Of these three

forms of a state, democracy, in the proper sense of the word, is

of necessity despotism, because it establishes an executive power,

since all decree regarding—and, if need be, against—any individual

who dissents from them. Therefore the “whole people”, so-called, who

carry their measure are really not all, but only a majority: so that

here the universal will is in contradiction with itself and with the

principle of freedom.

[121] Cf. Hobbes: _On Dominion_, Ch. VII. § 1. “As for the

difference of cities, it is taken from the difference of the

persons to whom the supreme power is committed. This power is

committed either to _one man_, or _council_, or some _one court_

consisting of many men.” [Tr.]

Every form of government in fact which is not representative is

really no true constitution at all, because a law-giver may no more

be, in one and the same person, the administrator of his own will,

than the universal major premise of a syllogism may be, at the same

time, the subsumption under itself of the particulars contained

in the minor premise. And, although the other two constitutions,

autocracy and aristocracy, are always defective in so far as

they leave the way open for such a form of government, yet there

is at least always a possibility in these cases, that they may

take the form of a government in accordance with the spirit of a

representative system. Thus Frederick the Great used at least to

_say_ that he was “merely the highest servant of the state.”[122] The

democratic constitution, on the other hand, makes this impossible,

because under such a government every one wishes to be master. We

may therefore say that the smaller the staff of the executive—that

is to say, the number of rulers—and the more real, on the other

hand, their representation of the people, so much the more is the

government of the state in accordance with a possible republicanism;

and it may hope by gradual reforms to raise itself to that standard.

For this reason, it is more difficult under an aristocracy than

under a monarchy—while under a democracy it is impossible except by

a violent revolution—to attain to this, the one perfectly lawful

constitution. The kind of government,[123] however, is of infinitely

more importance to the people than the kind of constitution,

although the greater or less aptitude of a people for this ideal

greatly depends upon such external form. The form of government,

however, if it is to be in accordance with the idea of right, must

embody the representative system in which alone a republican form

of administration is possible and without which it is despotic

and violent, be the constitution what it may. None of the ancient

so-called republics were aware of this, and they necessarily slipped

into absolute despotism which, of all despotisms, is most endurable

under the sovereignty of one individual.

[122] The lofty appellations which are often given to a

ruler—such as the Lord’s Anointed, the Administrator of the

Divine Will upon earth and Vicar of God—have been many times

censured as flattery gross enough to make one giddy. But it

seems to me without cause. Far from making a prince arrogant,

names like these must rather make him humble at heart, if he has

any intelligence—which we take for granted he has—and reflects

that he has undertaken an office which is too great for any

human being. For, indeed, it is the holiest which God has on

earth—namely, the right of ruling mankind: and he must ever live

in fear of injuring this treasure of God in some respect or other.

[123] Mallet du Pan boasts in his seemingly brilliant but shallow

and superficial language that, after many years experience, he

has come at last to be convinced of the truth of the well known

saying of Pope [_Essay on Man_, III. 303]:—

“For Forms of Government let fools contest;

Whate’er is best administered is best.”

If this means that the best administered government is best

administered, then, in Swift’s phrase, he has cracked a nut to

find a worm in it. If it means, however, that the best conducted

government is also the best kind of government,—that is, the

best form of political constitution,—then it is utterly false:

for examples of wise administration are no proof of the kind of

government. Who ever ruled better than Titus and Marcus Aurelius,

and yet the one left Domitian, the other Commodus, as his

successor? This could not have happened where the constitution

was a good one, for their absolute unfitness for the position was

early enough known, and the power of the emperor was sufficiently

great to exclude them.

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