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.
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