A secret article in contracts under public law is objectively, i.e., from the standpoint of its content, a contradiction. Subjectively, however, a secret clause can be present in them, because the persons who dictate it might find it compromising to their dignity to declare openly that they are its authors.
The only article of this kind is contained in the statement: "The opinions of philosophers on the conditions of the possibility of public peace shall be consulted by those states armed for war."
But it appears humiliating to the legislative authority of a state, to whom we must naturally attribute the utmost wisdom, to seek instruction from subjects (the philosophers) on principles of conduct toward other states. It is nevertheless very advisable to do so. Therefore, the state tacitly and secretly invites them to give their opinions, that is, the state will let them publicly and freely talk about the general maxims of warfare and of the establishment of peace (for they will do that of themselves, provided they are not forbidden to do so). It does not require a particular convention among states to see that this is done, since their agreement on this point lies in an obligation already established by universal human reason which is morally legislative.
I do not mean that the state should give the principles of philosophers any preference over the decisions of lawyers (the representatives of the state power); I only ask that they be given a hearing. The lawyer, who has made not only the scales of right but also the sword of justice his symbol, generally uses the latter not merely to keep back all foreign influences from the former, but, if the scale does not sink the way he wishes, he also throws the sword into it (vae victis), a practice to which he often has the greatest temptation because he is not also a philosopher, even in morality. His office is only to apply positive laws, not to inquire whether they might not need improvement. The administrative function, which is the lower one in his faculty, he counts as the higher because it is invested with power (as is the case also with the other faculties). The philosophical faculty occupies a very low rank against this allied power. Thus it is said of philosophy, for example, that she is the handmaiden to theology, and the other faculties claim as much. But one does not see distinctly whether she precedes her mistress with a flambeau or follows bearing her train.
That kings should philosophize or philosophers become kings is not to be expected. Nor is it to be wished, since the possession of power inevitably corrupts the untrammeled judgment of reason. But kings or kinglike peoples which rule themselves under laws of equality should not suffer the class of philosophers to disappear or to be silent, but should let them speak openly. This is indispensable to the enlightenment of the business of government, and, since the class of philosophers is by nature incapable of plotting and lobbying, it is above suspicion of being made up of propagandists.
Main Document, "Perpetual Peace"
First Supplement, "Secret Article for Perpetual Peace"
Appendix I, "On the Opposition Between Morality and Politics With Respect to Perpetual Peace"
Text Version | Liberty
Library | Constitution Society
