by them. The Providence that orders the course of the world is hereby justified. For the moral principle in mankind never becomes extinguished, and human reason, fitted for the practical realisation of ideas of right according to that principle, grows continually in fitness for that purpose with the ever advancing march of culture; while at the same time, it must be said, the guilt of transgression increases as well. But it seems that, by no theodicy or vindication of the justice of God, can we justify Creation in putting such a race of corrupt creatures into the world at all, if, that is, we assume that the human race neither will nor can ever be in a happier condition than it is now. This standpoint, however, is too high a one for us to judge from, or to theorise, with the limited concepts we have at our command, about the wisdom of that supreme Power which is unknowable by us. We are inevitably driven to such despairing conclusions as these, if we do not admit that the pure principles of right have objective reality that is to say, are capable of being practically realised-and consequently that action must be taken on the part of the people of a state and, further, by states in relation to one another, whatever arguments empirical politics may bring forward against this course. Politics in the real sense cannot take a step forward without first paying homage

to the principles of morals. And, although politics, per se, is a difficult art, * in its union with morals no art is required; for in the case of a conflict arising between the two sciences, the moralist can cut asunder the knot which politics is unable to untie. Right must be held sacred by man, however great the cost and sacrifice to the ruling power. Here is no half-and-half course. We cannot devise a happy medium between right and expediency, a right pragmatically conditioned. But all politics must bend the knee to the principle of right, and may, in that way, hope to reach, although slowly perhaps, a level whence it may shine upon men for all time.

* Matthew Arnold defines politics somewhere as the art of "making reason and the will of God prevail"—an art, one would say, difficult enough. [Tr.]

CONCERNING THE HARMONY OF POLITICS WITH MORALS ACCORDING TO THE TRANSCENDENTAL

IDEA OF PUBLIC RIGHT.

IF I look at public right from the point of view of most professors of law, and abstract from its matter or its empirical elements, varying according to the circumstances given in our experience of individuals in a state or of states among themselves, then there remains the form of publicity. The possibility of this publicity, every legal title implies. For without it there could be no justice, which can only be thought as before the eyes of men; and, without justice, there would be no right, for, from justice only, right can come.

This characteristic of publicity must belong to every legal title. Hence, as, in any particular case that occurs, there is no difficulty in deciding whether this essential attribute is present or not, (whether, that is, it is reconcilable with the principles of the agent or not), it furnishes an easily applied criterion

which is to be found a priori in the reason, so that in the particular case we can at once recognise the falsity or illegality of a proposed claim (praetensio juris), as it were by an experiment of pure reason.

Having thus, as it were, abstracted from all the empirical elements contained in the concept of a political and international law, such as, for instance, the evil tendency in human nature which makes compulsion necessary, we may give the following proposition as the transcendental formula of public right:-"All actions relating to the rights of other men are wrong, if the maxims from which they follow are inconsistent with publicity."

This principle must be regarded not merely as ethical, as belonging to the doctrine of virtue, but also as juridical, referring to the rights of men. For there is something wrong in a maxim of conduct which I cannot divulge without at once defeating my purpose, a maxim which must therefore be kept secret, if it is to succeed, and which I could not publicly ackowledge without infallibly stirring up the opposition of everyone. This necessary and universal resistance with which everyone meets me, a resistance therefore evident a priori, can be due to no other cause than the injustice with which such a maxim threatens everyone. Further, this testing principle is merely negative; that is, it serves only as a means by which we may know

when an action is unjust to others. Like axioms, it has a certainty incapable of demonstration; it is besides easy of application as appears from the following examples of public right.

1. Constitutional Law. Let us take in the first place the public law of the state (jus civitatis), particularly in its application to matters within the state. Here a question arises which many think difficult to answer, but which the transcendental principle of publicity solves quite readily:-"Is revolution a legitimate means for a people to adopt, for the purpose of throwing off the oppressive yoke of a so-called tyrant (non titulo, sed exercitio talis)?" The rights of a nation are violated in a government of this kind, and no wrong is done to the tyrant in dethroning him. Of this there is no doubt. None the less, it is in the highest degree wrong of the subjects to prosecute their rights in this way; and they would be just as little justified in complaining, if they happened to be defeated in their attempt and had to endure the severest punishment in consequence.

A great many reasons for and against both sides of this question may be given, if we seek to settle it by a dogmatic deduction of the principles of right. But the transcendental principle of the publicity of public right can spare itself this diffuse argumentation. For, according to that principle, the