consequently he owes it to his nation that he enjoys those blessings. Therefore we ought to have a feeling of gratitude toward our country; and on this account love of country is especially becoming to humanity, and, on the other hand, he seems devoid of human nature who hates his country.
§ 137. What domicile is
§ 377, part 2, Jus Nat.
Domicile is defined to be a fixed dwelling in some place with intention of remaining there permanently. In the native vernacular it is called die Behausung [the housing]. Since for establishing a domicile the intention is required of remaining permanently, a domicile is not understood to be fixed, unless the intention of remaining permanently is adequately declared, either expressly or impliedly, therefore one does not have domicile in a place where he lives for the purpose of some temporary business. Nevertheless, since any one is allowed to change his intention as long as he does nothing contrary to the right of another, a domicile can be changed, that is, it is not of itself unchangeable.
So an ambassador, although he lives for many, nay, very many, years with his family at some court, and possesses his own home in the city, does not nevertheless on this account have a domicile there. Likewise, he who for the purpose of trade dwells anywhere for a long time does not nevertheless have a domicile there, but remains a foreigner.
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§ 138. Of natural and acquired domicile
Natural domicile is defined as that which any one acquires by birth, in the place where his father has domicile. That is called acquired domicile which any one has established for himself of his own will. Therefore any one is supposed to retain his natural domicile as long as he has established none for himself by his own will, or has not abandoned it.
§ 139. Of vagabonds
§ 137.
§ 138.
A vagabond is defined as one who has no domicile anywhere. And so vagabonds live now in one place, now in another, nevertheless have no intention of remaining anywhere permanently. However, since a person is supposed to retain his natural domicile as long as he has established none for himself by his own will, vagabonds also are usually supposed to retain their natural domicile. But since nothing prevents any one from leaving his natural domicile and from being able to have the intention of remaining permanently in no particular place, vagabonds do not retain their natural domicile, if they leave it with the intention of remaining permanently in no particular place.
So swindlers, thieves, gamblers, actors, wandering doctors, and beggars are usually classed as vagabonds. Thence it happens that to the word vagabonds, in German, specifically Landstreicher [land-rovers] or Landläuffer [land-runners], some disgraceful significance usually attaches. Nevertheless there is no reason why even those who live an honourable kind of life, may not now and then be vagabonds. Indeed the Apostles, who established nowhere a domicile for themselves, were vagabonds. Likewise for the sake of trade a merchant can live now in one place, now in another, and have a domicile nowhere; then he is therefore enumerated among the vagabonds.
§ 140. What a native country is
A native country is defined as a place, namely, a land or city, in which one’s parents have a domicile, when one is born, the reference being to the nation or some particular corporation of a nation, to which the land or city belongs. In the native vernacular, we say with the broader meaning das Vaterland [Fatherland], in the narrower die Vaterstadt [Father-city], as
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the land or city in which our fathers dwelt from whom we have derived our stock. Moreover, the place of birth, which is the place in which we have been born, differs from native country. When any one is born in his native country, a thing which usually happens, place of birth is synonymous with native country especially in the stricter significance, but if any one is born on a journey or in a foreign land, where his parents are living on account of some business, his native country differs from his place of birth. It is to be noted besides that the place of birth is to be considered without reference to the nation to which he belongs, and therefore it gives no right to one born in that place.
It is not without reason that the native land is discussed in the law of nations, since on it depend certain rights, which people do not enjoy unless they have this native land. Therefore, since these rights belong to any one because he is born of parents who have a domicile either in this territory or in this city or in this district, this is the reason why the term “native country” has a broader and a narrower meaning. Moreover, since those rights are established by the will of human beings, although they are in harmony with natural law, they are not natural rights but simply positive rights, and therefore they are not necessary rights nor are they the same among all nations. Indeed there is no reason why they should exist in any nation. Moreover, since the place of birth confers no right, of itself it deserves no attention at all in the law of nations, except in so far as it is considered a native country through a caprice of speech. In a broader sense Silesia is my native country, in the stricter, Breslau, the chief city of Silesia; from this I am styled Breslauer and Silesian, or Breslauer-Silesian and I feel in myself a certain love of my native country as natural, by force of which the advantages, as well as the disadvantages, which come to it, affect my feelings. Likewise he who is born of parents who have their domicile in London in England, is called a Londoner and an Englishman, even if his parents at the time of his birth have been living in some place outside of England, for example, if they were in Germany on account of military service or if the father was performing the duty of an ambassador in the court of the most Christian King.8
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§ 141. Of the children of vagabonds
§ 140.
§ 139.
Since a native country is a place where the parents have domicile at the time of one’s birth, moreover, since vagabonds have no domicile anywhere, he who is born of parents who are vagabonds has no native country, except so far as vagabonds are supposed to have retained their natural domicile, consequently the native country of the parents is considered their native country also.
So those who are born of Gipsies have no native country, just as their parents do not.
§ 142. Of what sort the love of country is
§ 140.
§ 655, Psych. Emp.
Since the native country has reference to the nation or to a particular corporation of the nation, love of country (for we love even inanimate things) implies love of the nation or of some definite corporation of the nation.
§ 657, Psych. Emp.
We love inanimate things in so far as we receive pleasure from them, or the things which are innate in them or appertain to them. But these are such things as conduce to the advantage of people and promote their happiness. Therefore love of country has reference indirectly to those to whom it is beneficial if a territory and the cities in it abound in every sort of advantage. And consequently it happens that the term “fatherland” seems especially to be used of people, and not of the land.
§ 143. Whether love of country is a part of natural law
§ 142.
§ 606, part 1, Jus Nat.
Since love of country involves love of a nation or of some definite corporation in a nation, consequently of the people living in it, moreover, since every one ought to care for his own nation, and therefore love it, every one ought likewise to love his native country.
§ 135.
Love of country and love of the people thought of in general as living in the country cannot be separated the one from the other. Therefore, since love of one’s nation is a part of natural law, love of country also is a part of natural law. And therefore he offends against the law of nature who does not love his country, much more he who hates it.
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§ 144. Of the immutability of one’s country
§ 140.