[Rezension:] Der Kampf ums Recht des Stärkeren und seine
Entwickelung by Hiroyuki Kató, in: Annals of the American Academy of
Political and Social Science, Vol. 5 (Mar., 1895), S. 115-116.
Der Kampf ums Recht des Stärkeren und seine Entwickelung. Von
HIROYUKI KATÓ.
Pp. 154.. Price, 3 marks. Berlin: Friedlander & Son, I894.
Pp. 154.. Price, 3 marks. Berlin: Friedlander & Son, I894.
115
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The
author, formerly
president of the University of Tokio, investigates the relation of might to right, a
question which has been the subject of much controversy in Europe since
Bismark’s utterance, „Might goes before right.” He arrives at the
conclusion that all right does certainly spring only from the advantage of the
strong in
768
the conflict with the weak, but that it first attains its
truly just nature through
mutual
concession, through
compromise with the weak. Since,
however, such an adjustment would be made only in a moment when the powers of the
opponents were equal, the „true right” first arises when the forces of the
conflicting parties come into such a state of equilibrium; in other words, only when
the weaker side is so far reinforced that the stronger is compelled to yield to a
compromise. „Therefore,” he says (p. 125), „not yet between the two sexes does there
exist that entirely fair, noble, and worthy right which can only be the fruit of the
conflict and adjustment of the claims (powers) of two equally strong parties.” The
author clearly shows the tendency to modify the proposition that might is the source
and fountain-head of all right, to mean that right first develops to a „perfect
right” when it secures
acknowledgment at the hands of the
originally weaker side.
In applying this theory to politics, he suggests the
establishment of a „universal state,” into which the civilized peoples of Europe, America and Asia (Japan and China) shall unite.
In this „universal state,” the „uncivilized” races should take a subordinate and not
a free position; for „the civilized peoples must be the possessors and rulers of the
whole earth.” These views of the author give ample proof of his somewhat idealistic
standpoint. I think that, from a realistic standpoint, one is compelled to dispute
the possibility of a „universal state,” within a calculable time, although it be but
a federation of all „civilized peoples.” For civilized peoples, too, are less likely
to follow ideal than material interests, and the latter will not permit within a
conceivable time the necessity of war to disappear even among the civilized. If the
author had had the privilege of experiencing the war between Japan and China, he
would perhaps have changed his views; he would perhaps have discovered that even
between „civilized peoples” there are questions of might, and indeed thoroughly
brutal, material questions of might, which cannot be answered otherwise than by war
and desolation. In view of such gloomy necessities, every thought of a „universal
state,” consisting of the civilized peoples, is a dream of the idealist. However,
this book by the Japanese scholar is at all events well worth reading because it is
very stimulating.
LUDWIG GUMPLOWICZ.
[Translated from the German by ELLEN C.
SEMPLE.]