The Law of Nations Treated According to the Scientific Method. Christian von Wolff
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a religion which the ruler of the state does not wish to tolerate. For it would not be necessary for them to depart if they consented to give it up. That the right to emigrate does not belong to every voluntary exile is readily evident. For exile is voluntary, when any one for the sake of escaping punishment becomes an exile, nevertheless he does not have the right
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to emigrate; for he goes into exile only in opposition to the will of the ruler, who cannot be said to permit it.
§ 154. Of the source of this right
§ 153.
§ 407, part 8, Jus Nat., and § 145 h.
§ 789, part 3, Jus Nat.
§ 77, part 8, Jus Nat.
Since the right to emigrate is permission to go into voluntary exile, moreover since the ruler of the state can allow this, either at his own discretion, or by virtue of the agreement entered into with other nations, or is understood to do this by virtue of the fundamental law; the right to emigrate arises either from agreement or from fundamental law, or depends upon the will of the ruler.
In a state of nature there is no right to emigrate; for this assumes that there are established states, consequently it depends upon the law of the state. Therefore the things which are to be maintained concerning the law of emigration are derived from that law as their source. At the same time the reason is to be considered, on account of which that must be granted. Moreover, that the law of a state can be changed by agreements and limited by fundamental laws is plain enough from the general principles of the law of nature and the special principles of universal public law.
§ 155. Of wrongs done to those who have the right to emigrate
§ 145.
§ 153.
§ 239, part 1, Phil. Pract. Univ.
§ 859, part 1, Jus Nat.
If the ruler of the state is unwilling to allow those to depart from the state who have the right to emigrate, he does a wrong to them. For he who has the right to emigrate may depart from the state, since that right consists in permission to go into voluntary exile. If then the ruler of the state is unwilling to allow this, that is contrary to his right. Therefore, since he does a wrong to another, who does what is contrary to that person’s right, if the ruler of the state is unwilling to allow those to depart from the state who have the right to emigrate, he does them a wrong.
§ 77, part 8, Jus Nat.
This happens if the right to emigrate comes from agreement entered into with other nations, or from fundamental law. If you say that the right to emigrate can likewise exist by force of the agreement entered into with the ruler of the state at the granting of the sovereignty, it is easy to see that by this agreement a fundamental law was established.
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