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Univers*^ M icioilm s International 300 N. Zeeb Road Ann Arbor, Ml 48106 8306744 Lovett, Perry Glenn JUSTIFYIÎJG WAR: THE JUST WAR TRADITION UNTIL 1919 The University o f Oklahoma Ph.D. 1982 University Microfilms Internstionslm X. zeeb Rœd. Ann Arbor. MI 48106 Copyright 1982 by Lovett, Perry Glenn All Rights Reserved THE UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE JUSTIFYING WAR: THE JUST WAR TRADITION UNTIL 1919 A DISSERTATION SUBMITTED TO THE GRADUATE FACULTY in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY BY PERRY GLENN LOVETT Norman, Oklahoma 1982 JUSTIFYING WAR: THE JUST WAR TRADITION UNTIL 1919 APPROVED BYBY DISSERTATION COMMITTEE TABLE OF CONTENTS Page PREFACE..................................... vi INTRODUCTION ............................. 1 Purpose of Justification The Growth of Justification: A Historical Approach Ethical Issues in the Study of Politics Meeting the Human Needs of Will and Knowledge Overview Chapter I. THE FIRST JUSTIFICATIONS OF WAR .. 25 The Eastern World Justifying War in the Classical World II. GENESIS OF THE CHRISTIAN JUST WAR . 62 Overview From Pacifism to Militarism Augustine and the Divine Control of War III. CHRISTIAN DOMINION.......... 91 Overview Isidore Gratian The Civil and Canon Law The Just War of Thomas Aquinas Medieval Issues, Events, and Institutions IV. THE MODERN JUST WAR 1500-1650: PART ONE....................... 148 Overview 1500-1650 Overview of Part One 111 Page Machiavelli; The Nationalist Erasmus and More: The Humanists Elizabethan Writers: The Diverse, Neglected Thinkers Luther and Calvin: The Protestants V. THE MODERN JUST WAR 1500-1650: PART TWO........................... 210 Overview of Part Two Vitoria Suarez Ayala Gentili Grotius VI. THE MODERN JUST WAR 1650-1919: PART ONE— INTERl'IATIONAL LAW .... 271 Overview of International Law Richard Zouche Samuel Rachel Samuel Pufendorf Cornelius van Bynkershoek Christian Wolff and Emeric de Vattel Nineteenth Century International Law: The Grotian Tradition International Law in the Posi­ tivist Interlude Just Conduct and Peaceful Settlement Conclusion VII. THE MODERN JUST WAR 1650-1919: PART TWO— POLITICAL THOUGHT............. 324 Overview Thomas Hobbes Benedict de Spinoza John Locke Charles de Montesquieu J. J. Rousseau Voltaire Joseph de Maistre Immanuel Kant G. W. F. Hegel Jeremy Bentham William Goodwin IV Page William Lovgtt and John Bright Herbert Spencer William G. Sumner Leo Tolstoy Petr Kropotkin William Morris and John Hobson V. I. Lenin Von Moltke, Nietzsche, and Spengler VIII. THE MODERN JUST WAR 1650-1919: PART THREE— JUST WAR IN ONE LITERATURE: BRITISH POETRY..................... 376 Characteristics The First Hundred Years The Romantics From Romantics to Moderns Conclusion IX.. THE MODERN JUST WAR 1650-1919: PART FOUR— JUSTIFYING WAR IN ONE COUNTRY: AMERICA ................. 392 Wide Participation The Puritans William Penn Growth of American Opinion Benjamin Franklin John Jay The American Outlook The Peace Movement Poetry and Peace Era of the Mexican War Mark Twain Theodore Roosevelt Militaristic Interlude Worry about War Conclusion CONCLUSION................................. 428 BIBLIOGRAPHY ............................. 440 V PREFACE A quarter century has passed since the Ivy League professor's opus appeared on the paperback racks of a shiny drugstore in the Southwest.^ To a curious nineteen-year- old student, interested in world affairs but untutored in the handiwork of publish or perish, this prescription for limited nuclear war appeared to be incredibly unwise. Then— almost two decades ago— John Kennedy edged the human race to the brink of disaster with his October resolution to force the U.S.S.R. to remove I.R.B.M. missiles from Cuba. Throughout those days the worried reaction of a young married person to the affair was amazement at the President's poor judgment. Surprise slipped into dismay when, during the decade before this dissertation was begun, the anguish of Vietnam dominated American national life. Year after year, the Vietnamese War proved public policy to be deficient in reason, knowledge, honesty, and humane behavior. Were the student of international studies ever to have lost hope, this tragic period would have been the time. ^Henry A. Kissinger, Nuclear Weapons and Foreign Policy abrid. ed. (Garden City: Doubleday, 1958). VI 2 Yet hope "adorns and cheers our way" as concern for world affairs and matters of foreign policy persist. From these three cases and from many other events, issues, and ideas has come not an inclination to abandon public policy but the motivation to pursue this dissertation. To these beginnings the academic community of the University of Oklahoma has added much inspiration. An English proverb says, "Gratefulness is the poor man's payment." The directing committee earns gratitude for textual improvements, for encouragement, and for the patience of Job. Geri Rowden, who types everything with polished professionalism, merits a treasure of thanks. The libraries of the University of California at Berkeley, Washington State University, the University of Kansas, Oklahoma State University, Oklahoma City University, and the University of Oklahoma plus many other institutions affiliated with inter- library loan are due recognition for valuable assistance to the research effort. Patricia A. Zidek of the inter-library loan at Oklahoma, helping always with prompt expertise, deserves special praise. Final fond mention goes out to the Graduate College for granting research funds. The dissertationist must produce if he or she is to graduate; but the wiser student avoids getting carried 2 Oliver Goldsmith, The Captivity: An Oration in The Collected Works of Oliver Goldsmith, vol. 1, ed. Arthur Friedman (Oxford; At The Clarendon Press, 1966), p. 222. V I 1 away by the laborious research and the hard task of composing, A contemporary literary figure playfully told her readers about the origin of contagion : Once the disease of reading has laid hold upon the system it weakens it so that it falls as easy prey to that other scourge which dwells in the ink pot and festers in the quill. The wretch takes to writing.3 The ailment turns chronic. A historian concluded that "those who are infected with the writer's malady . write because they must. The dissertation student needs no such added compulsion. The about-to-be-doctor seldom possesses genius; and, as Maupassant discovered, average writers are "simply conscientious and tireless workers" who can only struggle unrelentingly.^ A modest perspective would help, lest one fare like Goethe, who took nearly sixty years to finish Faust. Still, academic writings of any kind ought to be deeply serious matters that are done well. Dante held that lovers of truth, who have inherited the rich work of the past, "should labour for those that are to come after them. 3 Virginia Woolf, Orlando (New York: Harcourt, Brace, and Jovanovich, 1956) , p. 75. ^Carl L. Becker, Detachment and the Writing of History, ed. Phil L. Snyder (Ithaca: Cornell University Press, 1958) , p. 131. ^Guy de Paupassant, Pierre and Jean, trans. Leonard Tancock (New York: Penguin Books, 1979), p. 31. ^Dante Alighieri De monarchia 1. 1, trans. F. J. Church in R. W. Church, Dante (London: MacMillan and Co., 1879) , p. 1. viii This attitude of civilization-building ought to prevail airong all scholars— graduate students included. Whether or not the present effort serves this purpose of truth, the reader must decide. What does stand out is that the project got carried away. The search was over-done, the reading excessive, and the writing painstak­ ingly slow. The words of an Englisiiman four centuries past faithfully tell the tale : And the longer I have tarried . like a ma that would fayne travell a great journey, having a weake body, and a lusty mind. And before he commes halfe way to the end of his pilgrimage : his legges waxe lame, and he calleth for his crutche, and yet when there is no remedy, must either of force hoppe homeward againe, or hale forward as fast as he may, to come to the knitting up of his attempted labour.^ 'Thomas Churchyard, A Lamentable and Pitfull Description of the Wofull Warres in Flanders (London; Ralph Newberie, 1578; reprint ed., Amsterdam: Theatrum Orbis Terrarum, Ltd., 1976) , n.p.