Kant and the End of War 10.1057/9780230360228 - Kant and the End of War, Howard Williams International Political Theory series Series Editor: Gary Browning, Professor of Politics, Department of International Relations, Politics and Sociology, Oxford Brookes University, UK The Palgrave International Political Theory Series provides students and scholars with cutting-edge scholarship that explores the ways in which we theo- rise the international. Political theory has by tradition implicitly accepted the bounds of the state, and this series of intellectually rigorous and innovative monographs and edited vol- umes takes the discipline forward, reflecting both the burgeoning of IR as a dis- cipline and the concurrent internationalization of traditional political theory issues and concepts. Offering a wide-ranging examination of how international politics is to be interpreted, the titles in the series thus bridge the IR–political theory divide. The aim of the series is to explore international issues in analytic, historical and radical ways that complement and extend common forms of conceiving inter- national relations such as realism, liberalism and constructivism. Titles in the series include: Keith Breen and Shane O’Neill (editors) AFTER THE NATION Critical Reflections on Nationalism and Postnationalism Gary Browning GLOBAL THEORY FROM KANT TO HARDT AND NEGRI Mihaela Neacsu HANS J. MORGENTHAU’S THEORY OF INTERNATIONAL RELATIONS Disenchantment and Re-Enchantment Raia Prokhovnik and Gabriella Slomp (editors) INTERNATIONAL POLITICAL THEORY AFTER HOBBES Analysis, Interpretation and Orientation Howard Williams KANT AND THE END OF WAR A Critique of Just War Theory Huw Lloyd Williams ON RAWLS, DEVELOPMENT AND GLOBAL JUSTICE The Freedom of Peoples International Political Theory series Series Standing Order ISBN 978–0–230–20538–3 hardcover 978–0–230–20539–0 paperback (outside North America only) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBNs quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England 10.1057/9780230360228 - Kant and the End of War, Howard Williams Kant and the End of War A Critique of Just War Theory Howard Williams Professor in Political Theory, Department of International Politics, University of Wales, Aberystwyth 10.1057/9780230360228 - Kant and the End of War, Howard Williams © Howard Williams 2012 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2012 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN: 978–0–230–24420–7 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. 10 9 8 7 6 5 4 3 2 1 21 20 19 18 17 16 15 14 13 12 Printed and bound in Great Britain by CPI Antony Rowe, Chippenham and Eastbourne 10.1057/9780230360228 - Kant and the End of War, Howard Williams Contents Acknowledgements vi Introduction 1 1 The Motif of War in Kant’s Critical Philosophy 10 2 Kant and Just War Theory: The Problem Outlined 40 3 Perpetual Peace and the Case against Just War Theory 56 4 The Metaphysics of Morals and the Case for Just War Theory 72 5 Bringing the Argument Together 91 6 Kantian Perspectives on Foreign Intervention 113 7 The Hegelian Premises of Contemporary Just War Theory and Their Kantian Critique 141 8 Conclusion: The Kantian Critique of Just War Theory 166 Notes 172 Bibliography 194 Index 199 v 10.1057/9780230360228 - Kant and the End of War, Howard Williams Acknowledgements I would like to express my thanks here to the British Academy for a grant of £2,000 which considerably eased the process of gathering material from German libraries in the final stages of the research. Colleagues in the Department of International Politics, Aberystwyth, provided exceptionally valuable advice and criticism in constructing and pre- senting the argument. My profound thanks also go to my family, in particular to my wife Jennifer, for the support they have given me in completing this book. The book is dedicated to our two grandchildren, Aoife and Oisin. They have provided a wonderful distraction from the military problems of our age. vi 10.1057/9780230360228 - Kant and the End of War, Howard Williams Introduction Kant, politics and international theory Kant stands almost unchallenged as one of the major thinkers of the European Enlightenment who influenced directly and indirectly all the subsequent major figures in philosophy from Hegel to Wittgenstein and modernists (such as Habermas) and post- modernists (such as Lyotard) alike. He is best known as an ethical theorist and, above all, as the theo- rist of knowledge who composed the extraordinarily impressive Critique of Pure Reason (1781). Kant has also developed a standing as a politi- cal philosopher of some note, now sufficient to join the canon in the history of political thought alongside figures like Hobbes and Locke, and Rousseau. Articles on Kant’s political theory nowadays proliferate in political science journals and he is increasingly seen as a political thinker who addresses the central problems of our age. His work is par- ticularly highlighted for the way in which it draws together considera- tions of traditional political theory, focused on the internal functioning of the state, and considerations of international political theory, focused on the relations among independent sovereign states.1 This interest was given a tremendous impetus at the turn of the century by the ‘demo- cratic peace thesis’ put forward by Michael Doyle2 and further developed by writers like Francis Fukuyama3 and Bruce Russett.4 Kant was widely cited as an inspiration for this thesis which brought out in an impressive way the relevance of his thinking for international politics. The impor- tant contribution that Kantian thinking might make to international law has been illuminated, albeit with less recognition, by the publica- tions of authors such as Fernando Teson and Leslie Mulholland. The beginning of the twenty first century saw Kant’s political and international theory enter the Zeitgeist in an unprecedented and often 1 10.1057/9780230360228 - Kant and the End of War, Howard Williams 2 Kant and the End of War controversial way. Largely Kantian thought has had a quiet and unseen influence on political developments in the western world. Kant has had his enthusiasts amongst academics, lawyers and political leaders, but this has not led very many wishing to identify themselves openly with Kantian ideas. However, the end of the Cold War brought with it an enthusiasm for democratic ideals and their supposedly pacifying effects, which openly and directly connected itself with Kant’s political thinking – particularly his tract on Perpetual Peace. Attention centred on the republican mode of government which Kant advocated in the first preliminary article of that book, and also in a secondary way on the federation of free states that Kant hoped would develop from the growth of republican states. Because Kant’s republican ideal rested upon governments elected by citizens and a separation of powers between legislature and executive and executive, legislature and judiciary it was identified as fundamentally similar to the form of rule enjoyed by the leading western democracies. Thus through the popularization of Kant’s political theory western societies were able to indulge themselves in a form of self- congratulation which appeared to vindicate the mode of government established by their founders and forerunners. This celebration was not entirely empty because those central and eastern European peoples who freed themselves from one- party communist rule turned to the western model of representative government with a division of powers in establishing their own post- communist systems of government. Also the evidence is fairly overwhelming that such rep- resentative governments, i.e. those that come nearest to meeting the requirements of a Kantian republic, almost without exception have not gone to war with one another. By the time of the bi-c entenary of Kant’s death (which took place in 2004) Kant’s name was ineradicably associated with what has become known as the democratic peace thesis. The event was marked by the appearance of the then German Foreign Minister Joschka Fischer in Kant’s birthplace Kaliningrad (formerly the East Prussian city of Königsberg, but ceded to the Soviet Union in 1945 as a warm water port) and his placing flowers at the tomb of the philosopher, which lies out on the outside wall of the now partially restored cathedral. By 2004 Kant had impinged upon the popular consciousness – not only as the princi- pal source of the democratic peace thesis, but also amongst some critics and sceptics as a source of western hubris and imperial overreach in trying to put the world to rights in Kosovo, Afghanistan and Iraq. Kant has simultaneously earned the reputation of both being an advocate of peace and a source of universalistic political ambitions that inevitably 10.1057/9780230360228 - Kant and the End of War, Howard Williams Introduction 3 lead to war between the west and ‘the rest’. This study situates itself at the heart of this controversy between the Kantian disposition that aims in a consistent and principled way towards eternal peace and the sup- posed contrary Kantian disposition that leads to excessive interference in the affairs of non-d emocratic states (and so to eternal war). I shall attempt to steer a course between the Scylla of Kant as the unquestion- ing supporter of western democratic rule and the Charybdis of Kant as the dogmatic universalist who has no feel for national and cultural dif- ferences. Indeed, I shall try to demonstrate that looking closely at what Kant has to say about politics and the permissibility of war detaches him from both caricatures (of rigid democratic peace theorist on the one hand and blind, insensitive universalist on the other). Kant has a progressive political theory which is sensitive to historical and cultural differences that has yet fully to be understood and reckoned with. Thus Kant’s influence as an Enlightenment thinker is extending beyond the traditional fields of ethics and epistemology. He is not now primarily seen as the moral philosopher who coined the phrase ‘the categorical imperative’, nor simply as the philosopher of mind who brought about a ‘Copernican Revolution’ in the theory of knowledge. Kant’s philosophical thinking on politics has become central to the understanding of contemporary international relations. Kant has an important contribution to make to the debate on just war thinking. The ethics of war is a major concern in Kant’s political philosophy – just as it is in the writings of one of the founders of modern international law Hugo Grotius – and has already been the subject of one full length study by Brian Orend in his War and International Justice: A Kantian per- spective (2000). Deeply influenced by the writings of Michael Walzer on just war, Orend makes a bold effort to establish that Kant also can be counted amongst those theorists who belong to the just war tra- dition. However, I believe there is a need to challenge the approach taken to Kant in this work and the literature on ‘Kant’s just war theory’ that has flowed from it. Although the book and the response to it have served to draw attention to Kant’s contribution to international rela- tions thinking, they have in my view taken the understanding of Kant’s political philosophy in a false direction. One of my major concerns is to re-e stablish Kant’s reputation as a critic of just war thinking. This new study is intended not only to present a different point of view from Orend, but also to bring the ideas of Kant’s critical philoso- phy as a whole to bear on one of the leading political and legal ques- tions of our age: under what circumstances, if any, is recourse to war legally and morally justifiable? This issue was strikingly brought to the 10.1057/9780230360228 - Kant and the End of War, Howard Williams