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

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


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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

      § 60.

      § 61.

      § 293, part 1, Jus Nat.

      § 937, part 4, Jus Nat.

      Since the practice of commerce consists in this, that whatever things are movable or moving, whether they are necessary, useful, or pleasurable, are bought and sold again, and those are engaged in internal commerce who are subject to the same civil power; internal commerce has this advantage, that every one can have those things which are required for the necessity, advantage, and pleasure of life, and since any labours

      [print edition page 57]

      can be purchased from another for money and things are bought and sold for money, internal commerce has this advantage also that the same money is continually transferred from one to another and is turned to the advantage of a very great number.

      There is the greatest advantage in internal commerce, for it is the one means, as far as it goes, by which individuals may be provided with the things they need for the necessity, advantage, and pleasure of life. Experience teaches this fully, so that it seems superfluous to say more.

      § 63. Of the advantage of foreign commerce

      § 60.

      § 61.

      § 937, part 4, Jus Nat.

      Likewise since the practice of commerce consists in this, that whatever things are movable or moving, whether they are necessary, useful, or pleasurable, are bought and sold again, moreover since external commerce is transacted with foreigners, external commerce has this advantage, that the things which are lacking in one nation, but needed for the necessity, advantage, or pleasure of life, can be purchased from another nation, and since things are bought and sold for money, if more things are sold to other nations than are purchased from them, the nation grows in wealth, nay more it can attain to the greatest wealth.

      § 10, part 8, Jus Nat.

      The advantage of foreign commerce is a double one. The one consists in that it procures a sufficiency for life; the other that it increases the wealth of the nation. The former is easily understood; the latter is proved by plain experience through the examples of nations among whom commerce flourishes.

      § 64. Of the obligation of engaging in internal commerce

      § 5, part 8, Jus Nat.

      § 4, part 8, Jus Nat.

      § 62.

      Nations are bound to engage in internal commerce. For since a nation is a multitude of men associated into a state, those who form a nation are bound to each other to gain by their combined powers those things which are required for the necessity, advantage, and pleasure of life. Therefore, since internal commerce has this advantage, that every one can have those things which are required for the necessity, advantage, and pleasure of life, nations are bound to engage in internal commerce.

      [print edition page 58]

      § 4, part 8, Jus Nat.

      § 789, part 3, Jus Nat.

      § 123, part 3, Jus Nat.

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

      There is no reason why you should object that necessity itself demands internal commerce and urges men to engage in it. For it is not enough that compelled by necessity men buy and sell again their property; but it is also required that they do this from a sense of duty, in order that they may not consider their own advantage simply, but likewise that of another, consequently that they may engage in commerce not without equity and justice. But although we have derived the obligation from agreement in the proof, which itself has already been confirmed by the natural obligation of observing agreements, nevertheless the obligation, which comes from an agreement, rests upon the natural obligation of mutual transfers of ownership in things. There is the added consideration, that the ruler both can and ought to promote internal commerce, if he wishes to satisfy his duty, and likewise that he is bound to see to it that nothing which is contrary to equity and justice should be allowed in commerce. It is not merely one thing, therefore, which must be laid down for the ruler with regard to internal commerce.

      § 65. How the wealth of a nation is determined

      § 2.

      § 353, part 4, Jus Nat.

      The wealth of a nation is determined by combining the money of the individuals into one sum. For since a nation is considered as an individual person, the money which belongs to all together combined into one sum is the money of the nation. Therefore, since money itself is not used up, as is self-evident, although one is ever receiving it from another, the amount of it nevertheless is not on this account diminished in the nation, but the quantity of it remains the same. Therefore, since wealth is determined by the amount of extra money, the wealth of a nation also is determined by combining the money of the individuals into one sum.

      Of course the things that belong to the individuals,


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