Again, they may be viewed according to the intellectual and
juridical relation, as born of a common political mother, the
republic, so that they constitute, as it were, a public family or
nation (gens, natio) whose members are all related to each other as
citizens of the state. As members of a state, they do not mix with
those who live beside them in the state of nature, considering such to
be ignoble. Yet these savages, on account of the lawless freedom
they have chosen, regard themselves as superior to civilized
peoples; and they constitute tribes and even races, but not states.
The public right of states (jus publicum civitatum), in their
relations to one another, is what we have to consider under the
designation of the "right of nations." Wherever a state, viewed as a
moral person, acts in relation to another existing in the condition of
natural freedom, and consequently in a state of continual war, such
right takes it rise.
The right of nations in relation to the state of war may be
divided into: 1. the right of going to war; 2. right during war; and
3. right after war, the object of which is to constrain the nations
mutually to pass from this state of war and to found a common
constitution establishing perpetual peace. The difference between
the right of individual men or families as related to each other in
the state of nature, and the right of the nations among themselves,
consists in this, that in the right of nations we have to consider not
merely a relation of one state to another as a whole, but also the
relation of the individual persons in one state to the individuals
of another state, as well as to that state as a whole.
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