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

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СКАЧАТЬ certain connexion exists between moral virtues, by which one is made dependent upon the other, so that therefore Christ will pronounce him a transgressor of the whole law who transgresses one precept. Just as the intellect of a nation, so also its will is in the ruler of a state, but it passes over into the intellect and will of the individuals in their various kinds of life as if to the organs of his body. And although these things may seem lofty, and those who decide hastily concerning things viewed as through a lattice may perchance include them among the Platonic ideas; nevertheless they follow, as it were spontaneously, when those things are given which we have proved concerning the establishment of the state in the eighth part of “The Law of Nature,” so that there is need of nothing further, unless to urge that here the precepts are general. But since in this way the motives for virtues are redoubled, their cultivation likewise is facilitated, so that such arguments must not be considered to be rashly urged.

      § 58. Of the right of a nation to purchase things for itself from another nation and to sell its own goods to the other

      § 35.

      § 29.

      § 13, part 5, Jus Nat.

      § 10, part 8, Jus Nat.

      § 126, part 3, and § 322, part 4, Jus Nat.

      § 128, part 1, Jus Nat.

      § 142, part 1, Phil. Pract. Univ., and § 23, part 1, Jus Nat.

      To every nation belongs the right to purchase for itself at a fair price the things which it needs, from other nations, which themselves have no

      [print edition page 54]

      need of the same, but it has not the right to sell its products to another nation without its consent. For since a nation ought to perfect itself and its condition and therefore ought to be fitted to attain the purpose of the state, and since its condition is not perfect unless it has those things which make for the accomplishment of that end, and since a sufficient livelihood is part of the purpose of the state, that is, an abundance of those things which are required for the necessity, convenience, and pleasure of life; whatever it does not itself have, it is necessary for it to procure from others. Therefore, though every man has the right to procure for himself at a fair price from others the things that he needs, nevertheless no one has the right to procure from you the things which you yourself need, and since these natural rights on account of their immutability are not, as such, taken away because nations have arisen by bringing together civil societies, the right belongs to every nation to purchase at a fair price for itself the things which it needs, from those nations who themselves have no need of the same. Which was the first point.

      § 318, part 4, Jus Nat.

      But since no man can be compelled to purchase things for himself from others, or from one rather than from another, no nation has the right to sell its goods to another without its consent. Which was the second point.

      § 32.

      § 28.

      § 23, part 8, Jus Nat.

      § 322, part 4, Jus Nat.

      The right indeed of purchasing goods for one’s self from other nations at a fair price, it seems, can be inferred from the right to those things without which a nation cannot preserve itself because the union cannot endure unless the individuals are preserved; nevertheless since that right has reference to the property which belongs to other nations, there should also fall upon the other nations the obligation from which this right arises, such as is the obligation to share things one with the other at a fair price.

      § 59. Of forbidding the importation of foreign goods into a territory

      § 58.

      § 850, part 1, Jus Nat.

      Since no nation has the right to sell its goods to another nation without its consent, if any nation is not willing that certain foreign goods be brought into its territory, it does no wrong to the nation from which they come, consequently if the bringing in of foreign goods and their

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      sale is prohibited, there are no just complaints by foreigners concerning this prohibition.

      § 440, part 3, Jus Nat.

      § 2.

      § 3.

      Foreigners complain on account of the loss of gain, which is not owed to them by another nation. If the complaints are poured forth upon the nation itself, they are unjust; if indeed they are limited to the loss of gain, they are free from injustice, although otherwise they may be subject to some imputation of wrong, inasmuch as they are opposed to some natural duty. But if the prohibition which causes loss of gain should have no legitimate reason, arising of course from the purpose of the state, or from the duties of the nation to itself; complaints are not unjust, because they are in regard to the duties of humanity due to one state from another. But a refusal to perform a duty of humanity must be endured. Investigation is difficult, however, as to whether complaints of this sort are just or unjust, because the reasons for the prohibition are rarely intimately known. Lest there may be some obscurity, consider the merchant, from whom you have for a long time purchased many wares; but you have reasons why you may wish to purchase such wares no longer. The merchant loses the profit, which he was to have had, if indeed you had continued your purchases. But who pray even in a dream will think that the merchant has just reasons for complaint against you, because you may not wish to make further purchases of wares of that sort, on the ground that he would lose his profit, which he could have had if the purchases had been continued. The things predicated of nations are in no other way more clearly and easily understood than by considering what under the same circumstances may be true of individual humans living in a state of nature; for that is to be applied to nations. But what we have said of the injustice of complaints and unfairness of the same, when merchandise is barred from some territory, the same in general holds good in regard to any complaints whatsoever arising from the denial of the duties of humanity, not only between nations, but also between private individuals.

      § 60. What commerce is

      Commerce is said to be the right to buy and to sell again anything whatsoever, movable and moving, that is necessary, useful, or pleasant.

      [print edition page 56]

      So the objects of commerce are wine, oil, grain, cattle, wax, silk, cloth, linen. And where slavery is allowed, man servants and maid servants or slaves are bought and sold. This kind of commerce is called in our native vernacular, der Sclaven-Handel [slave trade].

      § 61. Divisions of commerce

      Internal commerce is said to be that which those engage in who are subject to the same civil power, but that is called external which is transacted with foreigners. The former we call in the native vernacular, einheimischer Handel [domestic trade], the latter indeed we call auswärtiger Handel [foreign trade].

      For among us likewise commerce is usually classified by the nature of its object and from this peculiarity names are assigned. So we speak of Vieh-Handel [cattle trade], if of herds and flocks; Woll-Handel [wool trade], if wool; Eisen-Handel [iron trade], if iron; Wein-Handel [wine trade], if wine is bought and sold, and so on. But these divisions at present have no utility, so that the varieties are not to be increased more than necessary.²

      § 62. Of the advantage of internal commerce

      § СКАЧАТЬ