raison d'etat replaced the "medieval concept of universal moral values as the operating principle of French policy."25  When Pope Urban VIII learned of the Cardinal's death, he allegedly said, "[i]f there is a God, the Cardinal de Richelieu will have much to answer for. If not...well, he had a successful life."26   Richelieu held no affinity for religious convictions or for those enemies who shared them.  To Richelieu, the policy of national self-interest was the highest moral law.  He wrote in his Political Testament, "'[i]n matters of state, he who has the power often has the right, and he who is weak can only with difficulty keep from being wrong in the opinion of the majority of the world' ­ a maxim rarely contradicted in the intervening centuries."27

At the time rules of warfare were not defined or even considered; destruction of enemy targets was the prerogative of two adversaries engaged in war. Destruction, pillage, and plunder of cultural objects was the "enduring law of mankind" and "part of the law of nations."28

The Enlightenment and Universalism

Enlightenment thinkers contested the assumptions espoused by Hobbes, Machiavelli, and others.  They argued for rationality and progress as indispensable features of human nature.  Enlightenment thought devised higher principles of ethics and morality as well as rules for individuals to follow in an attempt to attain these goals. For Immaneul Kant, morality came from reason; since humans were rational creatures, all were capable of being moral. For morality and virtue to exist, people would need to look beyond their self-interests. While the Westphalian system established basic rules of sovereignty and state interdependence, the era of Enlightenment brought with it rules that transcended the anarchical model of state relations. Enlightenment thought of the 18th century introduced numerous scientific and intellectual advances that furthered "secularized globalism."29

The Enlightenment conception of a civil society was universal in principle. It did not refer to any specific nation or people, but to the human society as a whole.   Kantian metaphysics introduce the imperative of universality to the more practical: state relations.  Departing from raison d'etat and the traditional system of state relations based on brute force and interest, Kant provides a moral basis for the international system: "[a]ct so as to treat humanity, in your own person as well as everyone else's, always as an end and never as mere means."  On this account, he proposes a general condition for the existence of public right and a law of nations: "the rule of law among men­agreement among the nations to leave the state of nature (which he, like Hobbes, considered to be the state of war) in order to abjure war."30   To achieve this, Kant advocates diplomacy between nations based on "open covenants, openly arrived at."  He criticizes Grotius as well as the balance-of-power school in that they do not recognize the importance of lawful

organizations among states.31  Yet, Kant does not explicitly favor a universal civil community, rather a system of states with republican governments assenting to moral and ethical principles.  As such, states would abide by such principles in their affairs with other states­a universal structure based on overarching ethical rules.

Enlightenment thought was instrumental in the development of liberalism.  The fundamental values of liberalism "emerged from the thought of Enlightenment political theorists who asserted the basic freedom and dignity of individuals and the inalienable rights that inhered in them."32 At the foundation, liberalism calls:

For freedom from arbitrary authority, often called "negative freedom," which includes freedom of conscience, a free press and free speech, equality under the law, and the right to hold, and therefore to exchange, property without fear of arbitrary seizure. Liberalism also calls for those rights necessary to protect and promote the capacity and opportunity for freedom, the "positive freedoms."  Such social and economic rights as equality of opportunity in education and rights to health care and employment, necessary for effective self-expression and participation, are thus among liberal rights.  A third liberal right, democratic participation or representation, is necessary to guarantee the other two.33

Although individualistic in essence, liberalism advocates a higher form of international ethics to guide state behavior. These principles would be instrumental in the formation of normative frameworks for states to follow.  These frameworks lead to the development of rules for the international community that prohibit certain behaviors.  A key factor in rule-making is the role of institutions that exist as forums for states to voice their concerns and discuss the applicability of the rules.

The Common Heritage of Mankind

Enlightenment thought and the rise of liberalism were pivotal factors in 1) the development of laws protecting cultural property in times of war and 2) the change in state practice in regards to the seizure and plunder of cultural objects. These changes are partly due to the literary recognition of the "common heritage of mankind" doctrine at the inception of the 19th century.  Its origins arise from Kantian and Hegelian conceptions of "universalism."  Although the concept [common heritage of mankind] itself was not directly recognized

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