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

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СКАЧАТЬ use none other than natural law; therefore the law of nations is originally nothing except the law of nature applied to nations.

      Chapter 4, part 8, Jus Nat.

      The only law given to men by nature is natural law. This then can be changed by the act of men voluntarily, by agreement between individuals, so far as concerns those things which belong to permissive law, and so far as concerns the performance of those actions that are required by the principles of humanity; it can be changed in the state by force of the legislative power, as we have shown in our natural theory of the civil laws. In like manner the only law given to nations by nature is natural law, or the law of nature itself applied to nations. This then can be changed by the act of nations voluntarily, so far as concerns those things which belong to permissive law, and so far as concerns the performance of those actions that are required by the principles of humanity, as we shall see in the following discussion. But far be it from you to think that therefore there is no need of our discussing in detail the law of nations. For the principles of the law of nature are one thing, but the application of them to nations another, and this application produces a certain diversity in the law of nations, which is inferred from the fact that the nature of a nation is not the same as human nature. For example, man is bound to preserve himself by nature, every nation by the agreement through which it is made a definite moral person. But there is one method of preservation required for man, another for a nation. Likewise the right of defending one’s self against the injuries of others belongs to man by nature, and the law of nature itself assigns it to a nation. But the method of one human being’s defence against another is not, of course, the same as the proper method of defence for nations. There will be no difficulty in this for those who have understood the force of the fundamental principle of reduction, which is of especial importance in the art of logic. And if any mists still obscure the minds of some, the following discussion will dispel them. Therefore we are not embarrassed by the objections of those who argue that the law of nations ought not to

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      be distinguished from the law of nature, and that the law of nations ought to be presented as nothing other than the law of nature. So far as we are concerned, each may indulge his own belief. With none shall we start a dispute. For us it is sufficient to have explained those things which seem to us to be in harmony with the truth.

      § 4. Definition of the necessary law of nations

      We call that the necessary law of nations which consists in the law of nature applied to nations. It is even called by Grotius and his successors, the internal law of nations, since it evidently binds nations in conscience. It is likewise called by some the natural law of nations.

      Of course, the necessary law of nations contains those things which the law of nature prescribes to nations, which, just as it regulates all acts of men, so likewise governs the acts of nations as such.

      § 5. Of the immutability of this law

      § 4.

      §142, part 1, Phil. Pract. Univ.

      Since the necessary law of nations consists in the law of nature applied to nations, furthermore as the law of nature is immutable, the necessary law of nations also is absolutely immutable.

      §§ 136, 142, part 1, Phil. Pract. Univ.

      § 5, part 8, Jus Nat.

      § 136, part 1, Phil. Pract. Univ.

      § 4, part 8, Jus Nat.

      The immutability of the necessary law of nations arises from the very immutability of natural law, and is finally derived from the essence and nature of man as a source whence flows the very immutability of natural law. The law of nature therefore rules the acts of nations, because men coming together into a state and thereby becoming a nation, do not lay aside their human nature, consequently they remain subject to the law of nature, in as much as they have desired to combine their powers for the promotion of the common good.

      § 6. The nature of the obligation which comes from the necessary law of nations

      § 4.

      § 142, part 3, Phil. Pract. Univ.

      In like manner since the necessary law of nations consists in the law of nature applied to nations, and consequently the obligation which arises from the necessary law of nations comes from the law of nature, furthermore, since this obligation itself, which comes from the law of nature,

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      is necessary and immutable, the obligation also which comes from the law of nations is necessary and immutable; consequently neither can any nation free itself nor can one nation free another from it.

      §§ 150, 156, part 1, Jus Nat.

      These things are to be well considered, lest some one may think, when he sees that a certain licence of action must be tolerated among nations, that the necessary law of nations is of no use. For this would be just as if one should argue that the law of nature is of no use, because the abuse of their liberty must be allowed to men in a state of nature and the same is turned to licence of action, nor can this be prohibited except by positive law in a civil state, where they can be compelled by a superior by force to do what they are unwilling to do of their own accord. The abuse of power remains illicit even among nations, even though it cannot be checked. Nor do good nations do all they can, but they have respect for conscience no less than every good man has, who does not gauge his right by might, but by the obligation that comes from the law of nature. A good nation differs from a bad in the same way that a good man differs from a bad, or, if you prefer, the virtuous from the vicious.

      § 7. Of the society established by nature among nations

      § 138, part 1, Jus Nat.

      § 135, part 1, Phil. Pract. Univ.

      § 142, part 1, Phil. Pract. Univ.

      § 5, part 8, Jus Nat.

      § 26, part 8, Jus Nat.

      § 5, part 8, Jus Nat.

      Nature herself has established society among all nations and binds them to preserve society. For nature herself has established society among men and binds them to preserve it. Therefore, since this obligation, as coming from the law of nature, is necessary and immutable, it cannot be changed for the reason that nations have formed a state. Therefore society, which nature has established among individuals, still exists among nations and consequently, after states have been established in accordance with the law of nature and nations have arisen thereby, nature herself also must be said to have established society among all nations and bound them to preserve society.

      § 5, part 8, Jus Nat.

      If we should consider that great society, which nature herself has established among men, to be done away with by the particular societies, which humans enter, when they unite into a state, states would be established contrary to the law of nature, in as much as the universal obligation of all toward all would be terminated; which assuredly is

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      absurd. Just as in the human body individual organs do not cease to be organs of the whole human body, because certain ones taken together constitute one organ; so likewise individual men do not cease to be members of that great society which is made up of the whole human race, because several have formed together a certain particular society. And in so far as these act together as associates, СКАЧАТЬ