The Closed Commercial State

First Chapter: Principles for answering this question

First Chapter Principles for answering this question A false proposition is usually suppressed by a contrary proposition that is equally false. It is not until quite late that one discovers the truth lying in the middle. This is the fate of science. The opinion that the state is the absolute [unumschränkt] guardian of humanity in all its affairs, making it happy, rich, healthy, orthodox, virtuous, and, if God so wills, even eternally blessed, has been sufficiently refuted in our day. Yet it seems to me that in turn, coming from the opposite side, one has too narrowly limited the duties and rights of the state. It is indeed not exactly incorrect, and could be given some good sense, were one to say that the state has to do no more than preserve and protect each in his personal rights and his property—as long as one did not often seem to silently presuppose that property could take place independently of the state; that the state only has a view to the state of possession in which it first finds its citizens, without having to inquire into the rightful basis of acquisition. In opposition to this opinion, I would say: it is the vocation of the state to first give each what is his, to first put each in possession of his property, and only then to protect him in this. I will make myself clearer by returning to first principles. {400} 1. A crowd of men live together within the same circle of efficacy.5 Each one stirs and moves about within this circle, freely pursuing his nourishment and pleasure. One of them crosses the path of the other, tears down [54] what the other had built, and either destroys or uses for himself what the other was counting on. The other, from his side, does the same; and so each acts 91 92 First Book toward each. One should not speak here of morality, fairness, and the like, since we are standing in the domain of the doctrine of Right. Nor however does the concept of Right let itself be applied in the circumstances we have just described. Obviously, the soil that has been trod upon, the tree that was robbed of its fruit, will not enter into a conflict over rights with the man who did these deeds. But even if another man were to do so, what reason could he offer why everyone else should not tread on the same soil, or take fruit from the same tree, as he himself? In this state of existence, no one is free, since all are free without limitation. No one can carry out anything in a purposeful fashion and count for a moment on it lasting. The only remedy for this conflict of free forces is for the individuals to negotiate treaties among themselves. One of them must say to the other: it harms me when you do this. And the other must answer him: it harms me, on the other hand, when you do this. The first must declare: then I’ll desist from the things that are harmful to you on the condition that you desist from the things that are harmful to me. And the second, from his side, must make the same declaration, and from now on both must keep their word. For the very first time now each has something that is proper to him, that is his own, belonging to him alone, and in no way to anyone else; a right, and an exclusive right. Property, rights to determinate things, prior rights, and exclusive rights arise solely from the treaty that was described. Originally all have the same right to everything, which means that no one’s right takes precedence {401} over the right of anyone else. Something only becomes my property when, in accordance with my desire to keep it for myself, everyone else renounces their claim to it. This act of renunciation by the others, and this alone, is the basis of my right. It is the state alone that unites an indeterminate multitude of men into a closed whole, a totality; only the state can go around asking questions to everyone whom it receives into its alliance, and thus only through the state would it be possible to provide a basis for a rightfully existing property. As the state becomes acquainted with the rest of the men occupying the earth’s surface, it will negotiate treaties with these, as...