The Law of Nations Treated According to the Scientific Method. Christian von Wolff

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СКАЧАТЬ 497, part 8, Jus Nat.

      The preservation of a nation depends upon the continuance of its union into a state; or as long as the union into a state endures, the nation is preserved. For a people or a nation perishes when its union into a state is broken up, therefore so long as this persists, it does not perish, and is therefore preserved. Therefore, the preservation of a nation as such depends upon the continuance of its union into a state.

      §§ 349, 350, part 1, Jus Nat.

      §§ 4, 5, part 8, Jus Nat.

      § 420, part 8, Jus Nat.

      § 4.

      The preservation of the physical individual is one thing, that of the moral person another. The latter presupposes the former, but does not remain alive because the former is intact. Thus, although every man is bound to preserve his own body and his own life, without which the physical individual cannot exist; nevertheless it may not be

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      inferred from this that a nation too as such is bound to preserve itself. For nature does not make a nation, but agreement. The preservation of the individuals who constitute the nation, as made up of physical individuals, belongs to universal public law; but the preservation of a nation as a nation belongs to the law of nations and must be here demonstrated. And hence it appears that there are duties of a nation to itself, which have to be considered separately from universal public law; and although the necessary law of nations consists in the law of nature applied to nations, nevertheless this application ought not to be made without caution, lest by confusing different things we may seem to have proved what was to be proved, and yet not have proved it at all. The same will be evident in other things which come later.

      § 29. On what the perfection of a nation depends

      § 5, part 8, Jus Nat.

      § 4, part 8, Jus Nat.

      §§ 503, 528, 529, Ontol.

      The perfection of a nation depends upon its fitness for accomplishing the purpose of the state, and that is a perfect form of government in a nation, if nothing is lacking in it which it needs for attaining that purpose. For every nation is a number of men united into a state, consequently, to accomplish that purpose on account of which the state was established. Therefore, since all perfection is to be estimated from the tendency of those things which are in harmony with an entity to realize the same in some respect; the perfection of a nation certainly depends upon its fitness for accomplishing the purpose of the state. Which was the first point.

      § 706, Ontol.

      § 783, Ontol.

      § 528, Ontol.

      For since the external condition of a nation is determined by those things which aid the nation as such; moreover since the accidental perfection, such as exists in a nation which depends upon its external condition, requires the harmony of those things which belong to it, together with those which make the essential perfection of a nation, consequently, the striving for the purpose of the state, as noted above in point 1; the perfection of its condition is to be determined from this, that nothing is lacking in it which the nation needs for attaining the purpose of the state. Which was the second point.

      § 505, Ontol.

      The second point is also demonstrated as follows. If a nation is to be perfect, it is necessary that it shall be suited to accomplish the purpose of the state (as shown in point 1). Therefore it is further required that in

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      its condition nothing should be lacking which it needs for accomplishing this. Therefore the perfection of its condition ought to have the same general reason as the perfection of the nation itself, through which reason it is understood why those things which belong to it are such and so great rather than otherwise, consequently suitable that by their aid the purpose of the state may be attained. Therefore the condition of a nation is then at last perfect, if nothing is lacking in it which it needs for attaining its purpose.

      We can look upon a nation as a sort of composite entity, the different parts or organs of which are as it were groups of people living the same kind of life, which individual groups we look upon as a part or as one single organ. And so since this composite entity is perfect, if its several organs are adapted to the performance of their functions, and through this the entity becomes adapted to the attaining of its purpose, so likewise a nation is understood to be perfect if the particular combinations of individuals living different kinds of lives are adapted to the performance of their functions rightly, and through this the nation is adapted to the attaining of the purpose of the state. But a nation can scarcely be thought of as adapted to attaining the purpose of a state, if it lacks those things which it needs for attaining that end, when you wish to take into consideration not only the intrinsic, but also the extrinsic possibility, so that the purpose of the state can be actually accomplished. Therefore the perfection of its condition rests on the same basis as the perfection of the nation itself, and therefore it is necessary that nothing should be lacking in it which the nation needs for accomplishing the purpose of the state.

      § 30. Whence those things are evident which are required for the perfection of a nation and its condition

      § 29.

      § 393, part 8, Jus Nat.

      §§ 394 and fol., part 8, Jus Nat.

      Since the perfection of a nation depends upon its fitness for attaining the purpose of the state, and since that is a perfect condition, if nothing is lacking in it which the nation needs for attaining that purpose, since, moreover, the constitution of a commonwealth depends upon the determination of the method by which the purpose of the state is attained; from those things which have been proved concerning the establishing of

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      a state, it is evident what things are required, both for the perfecting of a nation and for the perfecting of its condition.

      But if you will properly consider those points which we have fully proved concerning the constitution of a state, you will see with perfect clarity that the whole nation may best be thought of in the likeness of a man, whose soul is the director of the state, but whose body is the subjects as a whole. It will likewise be plain with what mind and will, and with what subordinate powers the soul ought to be provided, and what kind of organs the body ought to have. Now the organs of this body are groups of men living various kinds of lives, as associations of scholars, workmen, artisans, numbers of farmers and workmen, troops of soldiers, and so on. If any one desires correctly to distinguish one from the other and properly enumerate the several kinds of lives which a properly organized state needs, he will give to us an adequate concept of the structure of this body, observing the analogy of the human body. And when he has considered further what things the superior ought to care for and what are his duties, he will give us a no less adequate concept of the soul also. It will also be plain what sort of a union there ought to be between soul and body, and how harmony may be established between soul and body, by determining the form of state, and that the bond of union is obedience of the subjects and mutual love of superior and subjects. If any one has sufficient intelligence, and has an adequate conception of the human soul and body, and also of a properly constituted state, he will not get a better conception of the perfection of a nation and its condition than by aid of this analogy. Nor in truth is it to be considered that this analogy is only a kind of play of the imagination. For it is a heuristic principle, which aids wonderfully in discovering those things which pertain to universal public law and the law of nations, and in СКАЧАТЬ