The Jewish State by Theodor Herzl (red seas under red skies txt) 📕

living, and it will therefore suffice to make small trading unremunerative, to cause even present peddlers to give it up altogether. This could be brought about, for example, by encouraging large department stores which provide all necessaries of life. These general stores are already crushing small trading in large cities. In a land of new civilization they will absolutely prevent its existence. The establishment of these stores is further advantageous, because it makes the country immediately habitable for people who require more refined necessaries of life.

HABITS

Is a reference to the little habits and comforts of the ordinary man in keeping with the serious nature of this pamphlet?

I think it is in keeping, and, moreover, very important. For these little habits are the thousand and one fine delicate threads which together go to make up an unbreakable rope.

Here certain limited notions must be set aside. Whoever has seen anything of the world knows that just these little daily customs can easily be transplanted everywhere. The technical contrivances of our day, which this scheme intends to employ in the service of humanity, have heretofore been principally used for our little habits. There are English hotels in Egypt and on the mountain-crest in Switzerland, Vienna cafes in South Africa, French theatres in Russia, German operas in America, and best Bavarian beer in Paris.

When we journey out of Egypt again we shall not leave the fleshpots behind.

Every man will find his customs again in the local groups, but they will be better, more beautiful, and more agreeable than before.

V. Society of Jews and Jewish StateToC

NEGOTIORUM GESTIO

This pamphlet is not intended for lawyers. I can therefore touch only cursorily, as on so many other things, upon my theory of the legal basis of a State.

I must, nevertheless, lay some stress on my new theory, which could be maintained, I believe, even in discussion with men well versed in jurisprudence.

According to Rousseau's now antiquated view, a State is formed by a social contract. Rousseau held that: "The conditions of this contract are so precisely defined by the nature of the agreement that the slightest alteration would make them null and void. The consequence is that, even where they are not expressly stated, they are everywhere identical, and everywhere tacitly accepted and recognized," etc.

A logical and historic refutation of Rousseau's theory was never, nor is now, difficult, however terrible and far-reaching its effects may have been. The question whether a social contract with "conditions not expressly stated, yet unalterable," existed before the framing of a constitution, is of no practical interest to States under modern forms of government. The legal relationship between government and citizen is in any case clearly established now.

But previous to the framing of a constitution, and during the creation of a new State, these principles assume great practical importance. We know and see for ourselves that States still continue to be created. Colonies secede from the mother country. Vassals fall away from their suzerain; newly opened territories are immediately formed into free States. It is true that the Jewish State is conceived as a peculiarly modern structure on unspecified territory. But a State is formed, not by pieces of land, but rather by a number of men united under sovereign rule.

The people is the subjective, land the objective foundation of a State, and the subjective basis is the more important of the two. One sovereignty, for example, which has no objective basis at all, is perhaps the most respected one in the world. I refer to the sovereignty of the Pope.

The theory of rationality is the one at present accepted in political science. This theory suffices to justify the creation of a State, and cannot be historically refuted in the same way as the theory of a contract. Insofar as I am concerned only with the creation of a Jewish State, I am well within the limits of the theory of rationality. But when I touch upon the legal basis of the State, I have exceeded them. The theories of a divine institution, or of superior power, or of a contract, and the patriarchal and patrimonial theories do not accord with modern views. The legal basis of a State is sought either too much within men (patriarchal theory, and theories of superior force and contract), or too far above them (divine institution), or too far below them (objective patrimonial theory). The theory of rationality leaves this question conveniently and carefully unanswered. But a question which has seriously occupied doctors of jurisprudence in every age cannot be an absolutely idle one. As a matter of fact, a mixture of human and superhuman goes to the making of a State. Some legal basis is indispensable to explain the somewhat oppressive relationship in which subjects occasionally stand to rulers. I believe it is to be found in the negotiorum gestio, wherein the body of citizens represents the dominus negotiorum, and the government represents the gestor.

The Romans, with their marvellous sense of justice, produced that noble masterpiece, the negotiorum gestio. When the property of an oppressed person is in danger, any man may step forward to save it. This man is the gestor, the director of affairs not strictly his own. He has received no warrant—that is, no human warrant; higher obligations authorize him to act. The higher obligations may be formulated in different ways for the State, and so as to respond to individual degrees of culture attained by a growing general power of comprehension. The gestio is intended to work for the good of the dominus—the people, to whom the gestor himself belongs.

The gestor administers property of which he is joint-owner. His joint proprietorship teaches him what urgency would warrant his intervention, and would demand his leadership in peace or war; but under no circumstances is his authority valid qua joint proprietorship. The consent of the numerous joint-owners is even under most favorable conditions a matter of conjecture.

A State is created by a nation's struggle for existence. In any such struggle it is impossible to obtain proper authority in circumstantial fashion beforehand. In fact, any previous attempt to obtain a regular decision from the majority would probably ruin the undertaking from the outset. For internal schisms would make the people defenceless against external dangers. We cannot all be of one mind; the gestor will therefore simply take the leadership into his hands and march in the van.

The action of the gestor of the State is sufficiently warranted if the common cause is in danger, and the dominus is prevented, either by want of will or by some other reason, from helping itself.

But the gestor becomes similar to the dominus by his intervention, and is bound by the agreement quasi ex contractu. This is the legal relationship existing before, or, more correctly, created simultaneously with the State.

The gestor thus becomes answerable for every form of negligence, even for the failure of business undertakings, and the neglect of such affairs as are intimately connected with them, etc. I shall not further enlarge on the negotiorum gestio, but rather leave it to the State, else it would take us too far from the main subject. One remark only: "Business management, if it is approved by the owner, is just as effectual as if it had originally been carried on by his authority."

And how does all this affect our case?

The Jewish people are at present prevented by the Diaspora from conducting their political affairs themselves. Besides, they are in a condition of more or less severe distress in many parts of the world. They need, above all things a gestor. This gestor cannot, of course, be a single individual. Such a one would either make himself ridiculous, or—seeing that he would appear to be working for his own interests—contemptible.

The gestor of the Jews must therefore be a body corporate.

And that is the Society of Jews.

THE GESTOR OF THE JEWS

This organ of the national movement, the nature and functions of which we are at last dealing with, will, in fact, be created before everything else. Its formation is perfectly simple. It will take shape among those energetic Jews to whom I imparted my scheme in London.[B]

The Society will have scientific and political tasks, for the founding of a Jewish State, as I conceive it, presupposes the application of scientific methods. We cannot journey out of Egypt today in the primitive fashion of ancient times. We shall previously obtain an accurate account of our number and strength. The undertaking of that great and ancient gestor of the Jews in primitive days bears much the same relation to ours that some wonderful melody bears to a modern opera. We are playing the same melody with many more violins, flutes, harps, violoncellos, and bass viols; with electric light, decorations, choirs, beautiful costumes, and with the first singers of their day.

This pamphlet is intended to open a general discussion on the Jewish Question. Friends and foes will take part in it; but it will no longer, I hope, take the form of violent abuse or of sentimental vindication, but of a debate, practical, large, earnest, and political.

The Society of Jews will gather all available declarations of statesmen, parliaments, Jewish communities, societies, whether expressed in speeches or writings, in meetings, newspapers or books.

Thus the Society will find out for the first time whether the Jews really wish to go to the Promised Land, and whether they must go there. Every Jewish community in the world will send contributions to the Society towards a comprehensive collection of Jewish statistics.

Further tasks, such as investigation by experts of the new country and its natural resources, the uniform planning of migration and settlement, preliminary work for legislation and administration, etc., must be rationally evolved out of the original scheme.

Externally, the Society will attempt, as I explained before in the general part, to be acknowledged as a State-forming power. The free assent of many Jews will confer on it the requisite authority in its relations with Governments.

Internally, that is to say, in its relation with the Jewish people, the Society will create all the first indispensable institutions; it will be the nucleus out of which the public institutions of the Jewish State will later on be developed.

Our first object is, as I said before, supremacy, assured to us by international law, over a portion of the globe sufficiently large to satisfy our just requirements.

What is the next step?

THE OCCUPATION OF THE LAND

When nations wandered in historic times, they let chance carry them, draw them, fling them hither and thither, and like swarms of locusts they settled down indifferently anywhere. For in historic times the earth was not known to man. But this modern Jewish migration must proceed in accordance with scientific principles.

Not more than forty years ago gold-digging was carried on in an extraordinarily primitive fashion. What adventurous days were those in California! A report brought desperados together from every quarter of the earth; they stole pieces of land, robbed each other of gold, and finally gambled it away, as robbers do.

But today! What is gold-digging like in the Transvaal today? Adventurous vagabonds are not there; sedate geologists and engineers alone are on the spot to regulate its gold industry, and to employ ingenious machinery in separating the ore from surrounding rock. Little is left to chance now.

Thus we must investigate and take possession of the new Jewish country by means of every modern expedient.

As soon as we have secured the land, we shall send over a ship, having on board the representatives of the Society, of the Company, and of the local groups, who will enter into possession at once.

These men will have three tasks to perform: (1) An accurate, scientific investigation of all natural resources of the country; (2) the organization of a strictly centralized administration; (3) the distribution