Note 69 — TRANSLATOR’S INTRODUCTION

A large part of Kant’s requirements as they are expressed in these Preliminary Articles has already been fulfilled. The first (Art. 1) is recognised in theory at least by modern international law. More cannot be said. A treaty of this kind is of necessity more or less forced by the stronger on the weaker. The formal ratification of peace in 1871 did not prevent France from longing for the day when she might win back Alsace-Lorraine and be revenged on Prussia. Not the treaty nor a consciousness of defeat has kept the peace west of the Rhine, but a reluctant respect for the fortress of Metz and the mighty army of united Germany.

Articles 2 and 6 are already commonplaces of international law. Article 2 refers to practices which have not survived the gradual disappearance of dynastic war. Art. 6 is the basis of our modern law of war. Art. 3 has been fulfilled in the literal sense that the standing armies composed of mercenary troops to which Kant alludes exist no longer. But it is to be feared that Kant would not think that we have made things much better, nor regard our present system of progressive armaments as a step in the direction of perpetual peace. Art. 4 is not likely to be fulfilled in the near future. It is long since Cobden denounced the institution of National Debts—an institution which, as Kant points out, owes its origin to the English, the “commercial people” referred to in the text. Art. 5 no doubt came to Kant through Vattel. “No nation,” says the Swiss publicist, (Law of Nations, II. Ch. iv. § 54) “has the least right to interfere with the government of another,” unless, he adds, (Ch. v. § 70) in a case of anarchy or where the well-being of the human race demands it. This is a recognised principle of modern international law. Intervention is held to be justifiable only where the obligation to respect another’s freedom of action comes into conflict with the duty of self-preservation.

Puffendorf leaves much more room for the exercise of benevolence. The natural affinity and kinship between men is, says he, (Les Devoirs de l’homme et du citoien, II. Ch. xvi. § xi.) “a sufficient reason to authorise us to take up defence of every person whom one sees unjustly oppressed, when he implores our aid and when we can do it conveniently.” (The italics are mine.—[Tr.])