The Evolution of the Concept of Perpetual Peace in the History of Political-Legal Thought

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The evolution of the concept of perpetual peace in the history of political-legal thought

Bogumil Terminski*

Abstract The subject of this work is the question of the philosophical evolution and legal concept of perpetual peace throughout history. Its aim is also to show the importance of the issue to our broad understanding of the causative agents of development concepts for the rights of individuals, communities and human rights position in the surrounding world. The views enunciated by philosophers, thinkers and authors of the law of nations constitute the base on which not only Euro-American culture is resisting but also our contemporary understanding of society, individual liberty and fundamental human rights. That is why so important to undertaken within the discourse on human rights is to show the historical, philosophical and legal genesis of such issues as the evolution of the theory of peaceful coexistence, collective security or religious tolerance and minority rights. Presented in this work an analysis is not exhaustive. I assume that it is the task of presenting mainly the most important currents of thought and encourage the reader to further study, while leaving sufficient space for own thoughts.

Introduction The phenomena of peace and war constitute the eternal and immanent elements of the history of mankind. It is assumed that they originate in the deeply rooted in the human nature lust for power, prestige and respect. That drive is characteristic of individuals, as well as entire nations, and often becomes apparent on the level of foreign policies of states. Waging wars or striving for peace are two basic instruments for countries thanks to which they pursue their vital interests. The rules of conduct adopted by states result from subjective and objective factors. Apart from the obvious ones, such

* Author: Bogumil Terminski – political scientist, international relations specialist. He studied archaeology, political science and international relations at University of Warsaw. His research work encompasses protection of human rights, international organizations, as well as some aspects of social-political history of the 19th-century Europe. He participated in numerous conferences on human rights organized by the United Nations. At present, he is preparing for his PhD dissertation on the international protection of human rights.

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as the country’s position or the line- as international dimension. When up in its closest environment, also pondering over the phenomenon of ideological and consciousness related peace, ancient thinkers based upon factors are of crucial importance the historical experience of social here. According to contemporary groups they were part of. First realistic concepts, war is a normal contemplations on peaceful co- means of execution of states’ existence of nations emerged, almost interests and exerting influence upon simultaneously, in the Hellenic and international environment. Liberal Chinese civilisations. Mo Ti, in theories, as opposed to realistic Europe know as Micius (470 – 381 concepts, highlight the necessity BC), is regarded as the first Chinese of cooperation among states and philosopher to create the concept of peaceful co-existence of nations. perpetual peace. Within the Hellenic While analysing contemporary civilisation, the discussion upon the trends in thought on peace and war peace among nations was started by among nations, one should bear in Thucidides (460 - 395 BC). It seems mind that they are reminiscences of that these two traditions had the most previous views on that matter, which eminent impact in the creation and are deeply rooted in the history of evolution of the concept of peace, European philosophy. which developed parallel with each Philosophers from different other in European and Asian cultural eras who observed the conduct, circles. Profound differences in the nature, and consequences of wars comprehension of the origin and tended to show the possibilities of social consequences of peace among making and preserving peace. One nations in the European and Asian may say that the thought on peace cultural circles are also reflected derives form the reflection on war, today. They are proved by the lack hence is secondary to it, nevertheless, of understanding within the Asian they are inextricably linked to circle of several contemporary pillars each other. The idea to build peace of Western world, such as human among states has developed since rights, individual freedom form the ancient times. It is an eminent collective constraint, or national element of the political-legal thought, minorities’ and POW rights. both due to its long-standing and The subject matter of extensive history, as well as because this thesis has been taken up of its important repercussions over the centuries by the greatest for the contemporary social and philosophers, from Plato or Aristotle political life in internal, as well onwards. Great contribution into

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the development of the concept thought. In order to do that, I shall of peaceful co-existence among study different views on that matter nations was made by, among others, voiced by authors starting from Desiderius Erasmus of Rotterdam ancient times up to the end of the or Hugo Grotius, not to mention 18th century. I shall acutely focus Immanuel Kant and his essay on Immanuel Kant’s Perpetual Perpetual Peace: A Philosophical Peace: A Philosophical Sketch Sketch written at the end of the due to its complementarity, as 18th century. Although Kant’s well as its significance in some of programme was not put into effect, contemporary aspects of law and just like most of the other concepts contemplations undertaken on its encouraging to eliminate wars and basis by some of social sciences. I promote universal peace, it had a would also like to draw the reader’s profound impact on the 20th century attention to programmes that are less thought on the principles of co- frequently presented in the literature existence of nations. Programmes for devoted to the concept of perpetual perpetual peace became the source peace, which have recurred in the of inspiration for the representatives European thought since the end of the 20th century liberal thought of the 13th century. I believe they in international relations, who, like are worth presenting, due to some Woodrow Wilson - the greatest interesting institutional solutions idealist of that time, believed that they introduced. Also, the diagnosis military conflicts might be eliminated of the impact of the suggested by the codification of international solutions on social and political life law or the institutionalization of of that time, or on the contemporary the principles of the international development of legal doctrine seems cooperation. However, enthusiasts to be a very significant issue for such as Wilson and others did not discussion. anticipate that borders of countries delineated over a cup of tea will 1. Antiquity and the Middle prove unstable and short-lived, Ages with regard to the similar to international institutions concept of peace among which were set up to secure them. the countries. In this thesis, I would like to Ancient thinkers, who present the evolution of the concept observed wars of their time, paid of perpetual peace as based on the much attention to the necessity of views of selected representatives securing peaceful relations among of philosophical and political-legal the countries. Such necessity proved

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more significant in the atomized instances of fratricidal and ruthless world of Hellenic poleis. In Antiquity, wars. there were no coherent concepts of Another ancient civilization, securing perpetual and universal apart from the Greek one, which peace. However, the idea that any developed the contemplation on the warfare should be eliminated was peaceful co-existence of political not entirely alien to many authors of communities, was the Chinese that time. Thucidides, in his Melian civilisation in the ancient period. Dialogue, highlights the need to Significant dismemberment of maintain the balance of power political centres, just like in Greece, in Hellas, as well as claims that was a source of constant conflicts alliances to other’s disadvantage do with mainly territorial background. not serve peace. The author of the In Chinese world, the contemplation History of the Peloponnesian War on peace has its roots in the trend underlines how important it is not which stood in opposition to to breach agreements made between continuous tribal conflicts and countries, and to act fairly on the a peculiar “culture of conquest” battlefield. These features, however, which was started in ca. 8th century were strange to the citizens of Athens BC. Sun Tzu, in his work Art of who violated the agreement with the War paradoxically, presents his very Melians and committed genocide interesting opinion on peace. Master of most of the inhabitants of the Sun recommends to settle conflicts island in order to maintain strategic by peaceful means, and to engage balance between Athens and Sparta. in wars only in extreme situations. Aristotle, in his Nicomachean He believed that war should be as Ethics, points that peace results from shortest as possible and entail as good and wise rule and just law. least losses as possible, to the benefit He claimed that trade and peaceful of the civilians who are not directly cooperation are a better form of engaged in it. relations among communities than A similar stance was waging wars against one another. presented by Chinese philosopher This observation seems very acute and social thinker Mo Ti, know with regard to the Hellenic world as Micius. His more developed in the Classical era. In spite of concept interprets peace as a state the startling cultural, artistic or of ascetic order based on love and ideological development, the Greek mutual kindness among individuals, reality abounded with innumerable but also among large communities.

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Micius claimed that world peace In his treatise De recuperatione could be achieved provided that all terrae sanctae, he voted that a people stood for justice, trust and universal peace be made among the could distinguish between good and Christian countries, armed conflicts evil. To a large extent, these views eliminated, and any disputes settled were reminiscent of earlier views by peaceful means. He also called voiced by Confucius, who described for establishing a federation of the rules of conduct of individuals Christian countries and a special in pursuit of universal harmony. It conciliation tribunal, which would seems that in these two main ancient be an institutionalized centre traditions, despite many significant securing peace in Europe. The Pope differences in the concept of would serve as body of appeal. peace, one could also find several Dubois believed that establishing elements that are common for both such confederation of countries of them. Worth mentioning are would help to maintain peace in especially the highlighted necessity Europe and liberate the Holy Land. of harmony and bonding with other Another programme for communities, as well as just rule maintaining peace in Europe was which would protect them against delivered by George of Poděbrady wars. Another element emphasized – a king of Bohemia. It was an idea in both traditions relates to the to establish a special international importance of respecting concluded organisation which would ensure agreements and commitments. safety in Europe. The concept was The period of European based on founding an anti-Turkish Middle Ages, which abounded association of European monarchs with religious wars and territorial which was to encompass Bohemia, dismemberment, resulted in a more France, Poland, Burgundy, and in-depth philosophical and political- Venice. There was a possibility to legal study on the issue of peace expand the association by other among the countries. First complete countries later on. Like in Dubois’ (in the functional meaning of that programme, the leadership would notion) concepts of perpetual peace belong to France. However, by emerged at the close of the period. contrast with Dubois’ concept, the French philosopher and lawyer - Bohemian king’s plan assumed the Pierre Dubois, who lived at the predominance of nation-states, and it turn of the 13th and 14th centuries, is did not refer to earlier universalistic regarded as the first author of such programmes, which main objective a programme for perpetual peace. was to create a world state.

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While discussing the redefinition of many views on medieval concepts of peaceful peace. Desacralization of social life, relations among the countries, it including wars, helped the rulers to is worth to mention the concept understand that that their relations of maintaining peace thanks to with other states were not determined religious tolerance towards pagans. to end at battlefields, and that they Polish scientist - Paulus Vladimiri, could cooperate on independent in his Treatise on the Power of the terms. The decline of the traditional Pope and the Emperor Respecting role of the Pope also added to the Infidels of 1415, condemned change of attitude towards peace converting pagans to Christianity by and war in the Renaissance. A treaty force and looting their lands by the concluded between France and the knights of the Teutonic Order. Paulus Ottoman Empire in 1535, was a Vladimiri felt very strongly against significant breakthrough, as it was wars and highlighted the fact that the first official document drawn converting pagans by force violates up by and between Catholic and fundamental commandments of Muslim rulers. faith. His teachings reverberated In the first half of the through entire Europe of that time, 16th century, Desiderius Erasmus and nowadays, Paulus Vladimiri is of Rotterdam was the foremost regarded as one of the forerunners of advocate for the idea of universal the principle of religious tolerance peace in Europe. He established a and peaceful co-existence among division of wars into justified and nations. unjust ones. This order, subsequently modified by Hugo Grotius, entered 2. Renaissance concepts of the canons of law and was valid for peaceful relations among hundreds of years on. Desiderius Erasmus of Rotterdam called for states. quitting all kinds of wars, except The philosophical and for defensive ones and compulsory political-legal contemplation over arbitration among states. the issue of international peace Elements of the concept of peaceful during the Renaissance was greatly co-existence of countries can be influenced by general ideological traced even in the works of Niccolò and cultural changes of that period. Machiavelli – the precursor of The end of 3-century long crusades political realism. He wrote that and a humanistic turn in philosophy rulers could influence the increase of and culture were to bring an essential the morality of societies by enacting

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good laws, and this in turn would the need of broadmindedness in facilitate the increase of safety. the sphere of religious tolerance. The plan of Maximilien A dynamic concept of peace by Hugo de Béthune, Duke of Sully called Grotius was a theoretic concept Grand Design is regarded as one which profoundly formed the of the most interesting ideas of foundations of contemporary law. ensuring universal peace in Europe. Grotius believed that war could only Formed in 1662, the conception be waged in order to restore peace. was frequently attributed to Henry He also claimed that wars could be IV of France. Its main assumption utterly eliminated by codification was to achieve universal peace of nations’ laws and establishing by establishing European Council supranational tribunals and judicial – a body which would serve as a institutions. plenary authority consisting of 70 Deliberations about peace delegates, i.e. the representatives of were an eminent part of Leviathan, the member countries. Due to his a work of Thomas Hobbes. Hobbes premature death, Henry IV did not believed peace could only be manage to put his ambitious plan into achieved by concluding social effect, however, many of its points contract by individuals with a are still valid. These are, among sovereign. According to Hobbes, others, those relating to the balance people are prone to disagreements, of power in Europe or founding a and this feature is a deeply rooted permanent arbitration body, which part of human nature. Hobbes would settle any kind of dispute. lists competition, distrust, and lust Another, widely discussed 17th- for kudos as main factors which century universalistic conception determine wars, as people attack for bringing perpetual peace was one another mainly to acquire announced by a French monk Émeric fame, profit, or to ensure safety for Crucé. He proposed establishing a themselves. However, he makes commonwealth of nations which a point that affection originates in would include, as well as those of people the need of peace, whereas Europe, the nations of Asia and their sense helps them execute it. Africa, namely India, Persia, China, That is the reason why people enter the Ottoman Empire, and Ethiopia. into a social contract because only He called for a permanent assembly firm state authority can guarantee of the representatives of monarchs social peacefulness. A sine qua non and a mediatory body to arbitrate for maintaining peace is, according to disputes. Crucé highlighted also Hobbes, respecting the agreements.

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Here is an adequate passage 3. Reflection upon peace form his work: “From that law of among countries in 18th nature by which we are obliged to century. transfer to another such rights as, The 18th century is a very being retained, hinder the peace of prominent stage in historical mankind, there followeth a third; evolution of the reflection upon which is this: that men perform their peace. Maintaining lasting peace covenants made”. The conception among countries was a subject of Hobbes aroused many polemics of studies of great thinkers of the expressed by other political thinkers Enlightenment, such as: Charles- of that time, and frequently was a Louis de Montesquieu, Jean Jacques source of formulation of conceptions Rousseau, or Immanuel Kant. There expressly oppositionist to it. were also many programmes for An overview of 17th-century perpetual peace which were based conceptions of perpetual peace on a very close cooperation of would not be complete without the countries by means of institutions presentation of the idea of William they proposed to establish. A Penn – the leader of Quakers. In programme for perpetual peace his An Essay towards the Present delivered by abbot Charles Francois and Future Peace of Europe by Castel de Saint-Pierre, announced the Establishment of an European in 1713, was a very interesting one. Dyet, Parliament or Estates The programme included a statute published in 1693, Penn proposed of European union, which would establishing “Parliament of Europe” be a confederation of monarchs. - a common European government A membership of the institution and an arbitration tribunal. These would be obligatory. The author institutions, apart from arms also proposed establishing a sort of control, would also be responsible European senate with official seat for punishment of European states in Strasbourg or Dijon. Peace and resistant to cooperation. Penn safety would be guaranteed by union pointed out that war, thought army of five thousand soldiers. profitable for the wining party, is not Baron de Montesquieu’s as cost-effective for both countries writings present a very note-worthy as peaceful co-existence attained by outlook on peace and acceptable by such methods as trade. law wars. He believed that peace is

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a natural state and the only justified be legal and acceptable. Although wars are “just wars,” i.e. wars in fairly sceptical towards the idea defence of one’s nation or country. that perpetual peace is possible to Montesquieu pointed out the last, Rousseau believed that his inconsistency of aggressive war with conceptions on that matter could be the principle of a state’s sovereignty put into effect. Despite his aversion and the rule to respect agreements. to wars, Rousseau undoubtedly did The idea of universal peace can also not believe they could be utterly be found in Jean Jacques Rousseau’s eliminated. The contemporary treatises. The author of The Social science of international relations Contract related the attainment regards Rousseau as one of of perpetual peace with armed the precursors of a doctrine on overthrow of despotic authority lawfulness and acceptability of imposed on people. However, he humanitarian intervention (together believed that perpetual peace is with Hugo Grotius). illusory and impossible to achieve, because rulers usually make use of 4. Immanuel Kant’s Perpetual wars to promote their own interests. Peace: A Philosophical Sketch Rousseau included some original ideas for attainment of lasting (1795). peace in his treatises A Project The programme for perpetual for Perpetual Peace (1761), and peace by Immanuel Kant is a peculiar Judgement sur la paix Perpetuelle. study, both because of its structure In the aforementioned works, and its contents. One could say that, Rousseau engaged in polemics with in a way, the work breaks with the abbot’s de Saint-Pierre concept of convention of programmes of this perpetual peace, and also presented kind created in the Enlightenment. his own reflections upon the subject. A single chapter of this thesis is The author of The Social Contract devoted to this conception, due appears as a supporter of establishing to its exceptional nature and its a federation of countries in Europe, prominent influence on development and assumes the appointment of of later social-political thought. The European plenary body, as well as a historical context of the work’s permanent international tribunal to creation is also worth noting. arbitrate any disputes among states. The subject of peace had He suggests that an armed sanction emerged in earlier writings of Kant against sovereigns who do not in the 1750’s and 1760’s. In these abide by the tribunal’s regulations works, Kant interprets peace as a gift,

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and also presents three indispensable peace constitutes an integral part conditions for attaining perpetual of the treaty. Undoubtedly, the peace. According to him, these are: general conclusion of that fragment the union of nations, social contract presents Kant’s strong belief that and upbringing. These concepts philosophers are responsible for are further developed in his work maintaining peace among nations. Idea For A Universal History The form of the first part With A Cosmopolitan Purpose of of the Treaty resembles simple and 1784. The philosophical treatise concise international treaties of that Perpetual Peace: A Philosophical period. The first article excludes the Sketch, written eleven years later, possibility to enter into any treaties is a synthesis of centuries of with a future war in mind. “No secret philosophical reflections on that treaty of peace shall be held valid in subject, but also a conclusion of which there is tacitly reserved matter Kant’s personal contemplations with for a future war”. The second article regard to the mechanisms securing relates to an important problem international peace. of the state’s sovereignty in the Kant’s work, to a large international arena. Kant writes that extent, becomes a part of a more no state (neither large nor small) in-depth reflection on the nature shall be conquered by other. This of international life that was concept made Kant a precursor of commenced in the decade of the the principle of sovereign equality French Revolution. Incidentally, among nations organized into states, the very notion “international” was widely accepted as late as 250 used, for the first time, by Jeremy years later by the United Nations Bentham - an English advocate Charter. Next article concisely of utilitarianism, only six years reads: “Standing armies shall in prior to Kant’s Perpetual Peace: time be totally abolished”. It proves A Philosophical Sketch. The structure the author’s pacifist stance, but of the text in a form of a treaty the phrase “in time” tells about poses a very interesting subject for his belief that the execution of the analysis. The first part consists of six article would be difficult. The fourth “preliminary” and three “definitive” article introduces a ban on incurring articles. There are also two annexes, debts for wars, as he believed that the second of which consists of states could only raise loans in order confidential clauses. Moreover, a text to improve the general economic describing the role of philosophers situation of the country, and not to in the process of attaining perpetual reinforce their militant capability.

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Article number five points out that Here Kant voices his opinion that state authorities of one country should to ensure the aforementioned state not interfere with internal affairs of of peace, a federation of states other states. Similar to the principle should be established. This kind of sovereign equality among states, of institutionalized cooperation this aspect of Kant’s conception was would protect freedom, sovereignty, generally recognised in 1945 in the and the right of nations to self- United Nations Charter. In the last determination. Unlike many earlier preliminary article, Kant stands out thinkers, Kant definitely rejected the against acts of hostility committed idea of creating a universal world by states, that could harm the state. Kant believed that only a future peace. Such acts are, among union of sovereign republican states others: assassinations, breaching of could lead to future universal peace. truce, fomenting, or using poisons. By entering such union, states Kant’s instructions can be regarded could put into effect their ideals as a prototype of later international of sovereignty, justice, and self- conventions, and may be also called determination in universal order. with the use of a contemporary The third and last definitive article notion – a development of means of is more abstract in its nature. It is mutual trust and safety. related to international cooperation In the second part of the and co-existence among nations. The Treaty, called “definitive articles”, philosopher stresses every man’s Kant reviews mechanisms which right to make use of the Earth’s help to secure the already attained benefactions. Also, he highlights state of peace. The first article the necessity for establishing close points out that republican form of rapport with other people in the government can secure universal surrounding world. These rules are peace. According to Kant, only called by Kant as general conditions republican system may guarantee of “universal hospitability”. Article lasting peace among countries, three presents the role of members as peace can only be achieved by of communities in the construction states which are governed justly, of peaceful co-existence among where fundamental rights and nations. This is also supported by people’s freedom are respected. Kant’s condemnation of any form Another “definitive” article of colonialism and the attempts of describes functional fundaments stronger states to dominate over the of nations’ rights and the rules of weaker ones. peaceful co-existence of states.

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The second part of Immanuel as early as in the Greek world and, Kant’s work on perpetual peace in the course of time, developed into constitutes a deeper philosophical great programmes for establishing reflection upon the indispensability perpetual peace among nations. of establishing and maintaining This matter was taken up by great universal peace in the world. Kant, philosophers like Aristotle, Rousseau in this part of his contemplation, or Kant. Medieval and Renaissance expresses his belief that universal rulers investigated it for more and lasting peace is inevitable. He practical reasons - they were trying claims that wars will be eventually to create an international order on eliminated as a result of irreversible foundations that would be more historical process. Such view proves favourable for them. Some of the that Kant adopted an optimistic authors who dwelled on that matter outlook on the development of were dreamers and visionaries. future international order. On that These were for instance Émeric understanding, the last part of Kant’s Crucé and Tommaso Campanella work is worth special attention. This – the author of The City of the fragment is called the “secret clause”, Sun. Most of the pacifist thinkers, and the author listed here a number however, shared the opinion that of instructions for philosophers, establishing perpetual peace would who should promote and popularize be difficult and protracted. An the concept of universal and example of such view is presented perpetual peace. In Kant’s opinion, by Immanuel Kant in his Perpetual philosophers can promulgate the Peace: A Philosophical Sketch. idea of perpetual peace in the world Despite his enlightened belief in only if they can express their views people’s pursuit of peaceful life, without any constraint and negative the philosopher draws his readers’ pressure on the part of authorities. attention to the fact that a complete elimination of wars would not happen Conclusions in a foreseeable future. An almost People’s perennial dreams 20-year long period of Napoleonic of perpetual and universal peace wars, which commenced as soon have for centuries been a source of as three years after Kant’s death, inspiration for the representatives irrefutably proved that establishing of the political-legal thought. lasting peace in Europe is much more The reflection on the necessity to remote than what the philosopher build peaceful foundations of co- expected. Subsequent European existence among nations emerged history confirms our conviction how

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difficult it is to attain universal peace. Bielefeldt Heiner, Symbolic Repre- Most of the pacifist thinkers express sentation in Kant`s Practical their view that establishing perpetual Philosophy, Cambridge Uni- peace in the world is inevitable versity Press, 2003 and indispensable, whereas, such philosophers as Hobbes or Sun Tzu Boucher David, Kelly Paul, The So- highlight the necessity of protection cial Contract from Hobbes against permanent wars with the to Rawls, Routledge, 1994 use of efficient institutions. The experiences of the 19th-century Casin Renée, Quand l’Europe était pacifist congresses or the failure française, Résiac, 2004 of the League of Nations with its institutional and normative Clements Jonnathan, Confucius, infrastructure prove the fact that Sutton Publishing Limited, putting forward theses on the 2008. inevitability of universal peace is rather utopian than reasonable. One Frängsmyr Tore, Abrams Irwin, Ha- should bear in mind, however, that berman Frederick W., Peace, dreams are a source of progress, and World Scientific, 1999 sometimes can inspire people to do great things. Grewe Wilhelm Georg, The Epochs of International Law, Walter Bibliography de Gruyter, 2000

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Th e e v o l u t i o n o f t h e c o n c e p t o f p e r p e t u a l p e a c e in t h e h i s t o r y o f political-l e g a l t h o u g h t