Note 118 — TRANSLATION[107] “PERPETUAL PEACE”[108]

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.