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the science of right-第44章

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all the rest that they may claim to enter into intercourse with one

another; and they have a right to make an attempt in this direction;

while a foreign nation would not be entitled to treat them on this

account as enemies。 This right; in so far as it relates to a

possible union of all nations; in respect of certain laws

universally regulating their intercourse with each other; may be

called 〃cosmopolitical right〃 (jus cosmopoliticum)。

  It may appear that seas put nations out of all communion with each

other。 But this is not so; for by means of commerce; seas form the

happiest natural provision for their intercourse。 And the more there

are of neighbouring coastlands; as in the case of the Mediterranean

Sea; this intercourse becomes the more animated。 And hence

communications with such lands; especially where there are settlements

upon them connected with the mother countries giving occasion for such

communications; bring it about that evil and violence committed in one

place of our globe are felt in all。 Such possible abuse cannot;

however; annul the right of man as a citizen of the world to attempt

to enter into communion with all others; and for this purpose to visit

all the regions of the earth; although this does not constitute a

right of settlement upon the territory of another people (jus

incolatus); for which a special contract is required。

  But the question is raised as to whether; in the case of newly

discovered countries; a people may claim the right to settle

(accolatus); and to occupy possessions in the neighbourhood of another

people that has already settled in that region; and to do this without

their consent。

  Such a right is indubitable; if the new settlement takes place at

such a distance from the seat of the former that neither would

restrict or injure the other in the use of their territory。 But in the

case of nomadic peoples; or tribes of shepherds and hunters (such as

the Hottentots; the Tungusi; and most of the American Indians);

whose support is derived from wide desert tracts; such occupation

should never take place by force; but only by contract; and any such

contract ought never to take advantage of the ignorance of the

original dwellers in regard to the cession of their lands。 Yet it is

commonly alleged that such acts of violent appropriation may be

justified as subserving the general good of the world。 It appears as

if sufficiently justifying grounds were furnished for them; partly

by reference to the civilization of barbarous peoples (as by a pretext

of this kind even Busching tries to excuse the bloody introduction

of the Christian religion into Germany); and partly by founding upon

the necessity of purging one's own country from depraved criminals;

and the hope of their improvement or that of their posterity; in

another continent like New Holland。 But all these alleged good

purposes cannot wash out the stain of injustice in the means

employed to attain them。 It may be objected that; had such

scrupulousness about making a beginning in founding a legal state with

force been always maintained; the whole earth would still have been in

a state of lawlessness。 But such an objection would as little annul

the conditions of right in question as the pretext of the political

revolutionaries that; when a constitution has become degenerate; it

belongs to the people to transform it by force。 This would amount

generally to being unjust once and for all; in order thereafter to

found justice the more surely; and to make it flourish。

CONCLUSION

                         Conclusion。



  If one cannot prove that a thing is; he may try to prove that it

is not。 And if he succeeds in doing neither (as often occurs); he

may still ask whether it is in his interest to accept one or other

of the alternatives hypothetically; from the theoretical or the

practical point of view。 In other words; a hypothesis may be

accepted either in order to explain a certain phenomenon (as in

astronomy to account for the retrogression and stationariness of the

planets); or in order to attain a certain end; which again may be

either pragmatic; as belonging merely to the sphere of art; or

moral; as involving a purpose which it is a duty to adopt as a maxim

of action。 Now it is evident that the assumption (suppositio) of the

practicability of such an end; though presented merely as a

theoretical and problematical judgement; may be regarded as

constituting a duty; and hence it is so regarded in this case。 For

although there may be no positive obligation to believe in such an

end; yet even if there were not the least theoretical probability of

action being carried out in accordance with it; so long as its

impossibility cannot be demonstrated; there still remains a duty

incumbent upon us with regard to it。

  Now; as a matter of fact; the morally practical reason utters within

us its irrevocable veto: There shall be no war。 So there ought to be

no war; neither between me and you in the condition of nature; nor

between us as members of states which; although internally in a

condition of law; are still externally in their relation to each other

in a condition of lawlessness; for this is not the way by which any

one should prosecute his right。 Hence the question no longer is as

to whether perpetual peace is a real thing or not a real thing; or

as to whether we may not be deceiving ourselves when we adopt the

former alternative; but we must act on the supposition of its being

real。 We must work for what may perhaps not be realized; and establish

that constitution which yet seems best adapted to bring it about

(mayhap republicanism in all states; together and separately)。 And

thus we may put an end to the evil of wars; which have been the

chief interest of the internal arrangements of all the states

without exception。 And although the realization of this purpose may

always remain but a pious wish; yet we do certainly not deceive

ourselves in adopting the maxim of action that will guide us in

working incessantly for it; for it is a duty to do this。 To suppose

that the moral law within us is itself deceptive; would be

sufficient to excite the horrible wish rather to be deprived of all

reason than to live under such deception; and even to see oneself;

according to such principles; degraded like the lower animals to the

level of the mechanical play of nature。

  It may be said that the universal and lasting establishment of peace

constitutes not merely a part; but the whole final purpose and end

of the science of right as viewed within the limits of reason。 The

state of peace is the only condition of the mine and thine that is

secured and guaranteed by laws in the relationship of men living in

numbers contiguous to each other; and who are thus combined in a

constitution whose rule is derived not from the mere experience of

those who have found it the best as a normal guide for others; but

which must be taken by the reason a priori from the i
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