第 34 节
作者:寻找山吹      更新:2024-04-07 21:07      字数:9322
  do wrong in offering resistance; but such a one would really not be my
  enemy。
  61。 Perpetual Peace and a Permanent Congress of Nations。
  The natural state of nations as well as of individual men is a state
  which it is a duty to pass out of; in order to enter into a legal
  state。 Hence; before this transition occurs; all the right of
  nations and all the external property of states acquirable or
  maintainable by war are merely provisory; and they can only become
  peremptory in a universal union of states analogous to that by which a
  nation becomes a state。 It is thus only that a real state of peace
  could be established。 But with the too great extension of such a union
  of states over vast regions; any government of it; and consequently
  the protection of its individual members; must at last become
  impossible; and thus a multitude of such corporations would again
  bring round a state of war。 Hence the perpetual peace; which is the
  ultimate end of all the right of nations; becomes in fact an
  impracticable idea。 The political principles; however; which aim at
  such an end; and which enjoin the formation of such unions among the
  states as may promote a continuous approximation to a perpetual peace;
  are not impracticable; they are as practicable as this approximation
  itself; which is a practical problem involving a duty; and founded
  upon the right of individual men and states。
  Such a union of states; in order to maintain peace; may be called
  a permanent congress of nations; and it is free to every
  neighbouring state to join in it。 A union of this kind; so far at
  least as regards the formalities of the right of nations in respect of
  the preservation of peace; was presented in the first half of this
  century; in the Assembly of the States…General at the Hague。 In this
  Assembly most of the European courts; and even the smallest republics;
  brought forward their complaints about the hostilities which were
  carried on by the one against the other。 Thus the whole of Europe
  appeared like a single federated state; accepted as umpire by the
  several nations in their public differences。 But in place of this
  agreement; the right of nations afterwards survived only in books;
  it disappeared from the cabinets; or; after force had been already
  used; it was relegated in the form of theoretical deductions to the
  obscurity of archives。
  By such a congress is here meant only a voluntary combination of
  different states that would be dissoluble at any time; and not such
  a union as is embodied in the United States of America; founded upon a
  political constitution; and therefore indissoluble。 It is only by a
  congress of this kind that the idea of a public right of nations can
  be established; and that the settlement of their differences by the
  mode of a civil process; and not by the barbarous means of war; can be
  realized。
  III。 The Universal Right of Mankind。
  (Jus Cosmopoliticum)
  62。 Nature and Conditions of Cosmopolitical Right。
  The rational idea of a universal; peaceful; if not yet friendly;
  union of all the nations upon the earth that may come into active
  relations with each other; is a juridical principle; as
  distinguished from philanthropic or ethical principles。 Nature has
  enclosed them altogether within definite boundaries; in virtue of
  the spherical form of their abode as a globus terraqueus; and the
  possession of the soil upon which an inhabitant of the earth may
  live can only be regarded as possession of a part of a limited whole
  and; consequently; as a part to which every one has originally a
  right。 Hence all nations originally hold a community of the soil;
  but not a juridical community of possession (communio); nor
  consequently of the use or proprietorship of the soil; but only of a
  possible physical intercourse (commercium) by means of it。 In other
  words; they are placed in such thoroughgoing relations of each to
  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 na