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XVI - Johannes Althusius, Politica [1614]

Edition used:

Politica. An Abridged Translation of Politics Methodically Set Forth and Illustrated with Sacred and Profane Examples, ed. and Trans. Frederick S. Carney. Foreword by Daniel J. Elazar (Indianapolis: 1995 Liberty Fund).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


XVI

§ 1We have thus far spoken of the first part of special right of sovereignty, namely, the right established to procure the material necessities of life. We turn now to the second part, which pertains to the protection of the universal association and symbiosis. By this right everything necessary for avoiding or removing all difficulties, impediments, and obstacles to the universal association, and for avoiding any troubles, dangers, evils, and injuries to any distressed or needy member of the universal association, is offered with mutual feeling and concern by each and all members thereof. This second and latter right, therefore, is principally concerned with the arrangement established for protection and defense.

§ 2This right of protection consists in (1) aid and (2) counsel. Aid is the assistance and prompt support provided by the communication of things and services to a distressed and needy member of this universal association. It consists, first, in defense and, then, in the care of goods belonging to the universal association. … 34

§ 4Defense is threefold. It is the safeguarding of the associated individual members when one of them—a province, city, village, or town—suffers violence and injury, or requires the commonwealth’s support for its basic interests and needs. It is, furthermore, the guaranty of free passage and public security against those who disturb, plunder, or restrict commercial activity in the territory of the associated body. It is, finally, the conduct of war. … § 17Just cause for waging war occurs when all other remedies have first been exhausted and peace or justice cannot otherwise be obtained. There are seven just causes for declaring and waging war. The first cause is the recovery of things taken away through violence by another people. The second cause is the defense against violence inflicted by another, and the repulsion of it. The third cause is the necessity for preserving liberty, privileges, rights, peace, and tranquillity, and for defending true religion. The fourth cause occurs when a foreign people deny peaceful transit through its province without good reason. The fifth cause occurs when subjects rise up against their prince and lord, do not fulfill their pledged word, and are not willing to obey him, although they have been admonished many times. The sixth reason is contumacy, which occurs when any prince, lord, or city has so contemptuously and repeatedly scorned the decisions of courts that justice cannot otherwise be administered and defended. The seventh just cause of war occurs when agreements are not implemented by the other party, when he does not keep his promises, and when tyranny is practiced upon subjects. … 35

[34 ] [Defense is discussed in Chapter XVI, and the care of goods in Chapter XVII. In addition, there is a brief section at the end of the latter chapter devoted to counsel.]

[35 ] [This discussion of the just causes of war is supported by numerous references to the Old Testament, especially to passages in Judges, I and II Samuel, and II Kings. Beyond these, three writings are referred to more than once: Diego Covarruvias, Regulae peccatum, II, sect. 9; Peter Martyr, Commentarii (I Samuel 30; Judges 11); Henry Bocer, De jure belli, I, 17.]