Under this relation, the
people must be regarded as having given their sanction; and, having
the right of voting, they may be considered, although thus passive
in reference to themselves individually, to be active in so far as
they represent the sovereignty itself.
56. Right of Going to War in relation
to Hostile States.
Viewed as in the state of nature, the right of nations to go to
war and to carry on hostilities is the legitimate way by which they
prosecute their rights by their own power when they regard
themselves as injured; and this is done because in that state the
method of a juridical process, although the only one proper to
settle such disputes, cannot be adopted.
The threatening of war is to be distinguished from the active injury
of a first aggression, which again is distinguished from the general
outbreak of hostilities. A threat or menace may be given by the active
preparation of armaments, upon which a right of prevention (jus
praeventionis) is founded on the other side, or merely by the
formidable increase of the power of another state (potestas
tremenda) by acquisition of territory. Lesion of a less powerful
country may be involved merely in the condition of a more powerful
neighbour prior to any action at all; and in the state of nature an
attack under such circumstances would be warrantable.
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