The Philosophy of Law: Public Right, § 50: Juridical Relations of the Citizen to His Country and to Other Countries; Emigration, Immigration, Banishment, Exile
Public Right, § 50: Juridical Relations of the Citizen to His Country and to Other Countries; Emigration, Immigration, Banishment, Exile
The Land or Territory whose inhabitants—in virtue of its political Constitution and without the necessary intervention of a special juridical act—are, by birth, fellow-citizens of one and the same Commonwealth, is called their COUNTRY or Fatherland. A Foreign Country is one in which they would not possess this condition, but would be living abroad. If a Country abroad form part of the territory under the same Government as at home, it constitutes a Province, according to the Roman usage of the term. It does not constitute an incorporated portion of the Empire (imperil) so as to be the aboil t-of equal fellow-citizens, but is only a possession of the Government, like a lower House; and it must therefore, honour the domain of the ruling State as the ‘Mother Country’ (rcgio domino).
1. A Subject, even regarded as u Citizen, has the Right of Emifjration; for the State cannot retain him as if he were its property. But he may only carry away with him his Moveables as distinguished from his fixed possessions. However, he is entitled to sell his immovable property, and take the value of it in money with him.
2. The Supreme Power as Master of the Country, has the Right to favour Imm it/ration, and the settlement of Strangers and Colonists. This will hold even although the natives of the Country may be unfavourably disposed to it, if their private property in the soil is not diminished or interfered with.
3. In the case of a Subject who has committed a Crime that renders all society of his fellow-citizens with him prejudicial to the State, the Supreme Power has also the Right of inflicting Banishment to a Country abroad. By such Deportation, he does not acquire any share in the Rights of the Citizens of the territory to which he is banished.
4. The Supreme Power has also the Right of imposing Exile generally (Jus exilii), by which a Citizen is sent abroad into the wide world as the ‘Out-land.’ And because the Supreme Authority thus withdraws all legal protection from the Citizen, this amounts to making him an ‘outlaw’ within the territory of his own country.