SAE Theory of the State · Paper 7: Questioning the Last Layer / SAE 国家论 第七篇: 最后一层的追问

A state has no regulator of force at a higher level above it. It has several "lasts": the last rule, the last instance, the last exit, the last force, one another, with no superior, the last resort. This paper is the last of the series, and it asks three things: whether every "last" lies under a channel it cannot itself close; which channels there are, inwardly and outwardly; and how far the whole series has answered, and where it stops. "Last" refers to level: there is nothing above. It does not refer to exemption from questioning. The Theory of Government says that a construct's configuration ought to place every position under some channel it cannot itself close; the net there has an outer layer, and at the national level the outer layer is gone, yet this still holds: external routes can stand alongside; for the corrections that must be implemented by this state, the taking-up is put together within this state; questions from outside are connected into the channels within this state (extension; own undertaking). For each of the six, four items are stated: who initiates it, which object it affects, whether the party questioned can close it, and how the account is booked when it fails; the fourth item is added by this series (own undertaking). Where a position does not act, and there is no substitute independent of it, it too becomes a "last" in fact, and it too lies under a channel. The channels inward are the closed loop, the channels internal subjects can initiate, and exit; exit does not stand in for questioning, is not the default first means, and there is no order requiring a person in danger to exhaust other channels before leaving (own undertaking). Outwardly, this state may decline to answer ordinary diplomatic questions between peers that carry no separate obligation to answer; the answering and implementation that the treaties and common procedures it has acknowledged require are carried out; answering and not answering are both questioned in the channels inside, and the questions of those whom this state's acts reach must have somewhere to land; a question from outside does not on its own count as a channel, and counts only once it connects to the channels inside. The state's name does not shield the bearing of positions and persons, and the construct's failure is not automatically transferred onto any one person; booking the account has at least three items: making decisions public and attributing them to positions and persons; those affected being able to ask and to be answered; a position at fault being subject to stricter confirmation thereafter; legal liability is left to specific law (own undertaking). Judgment and its consequences in particular situations fall, following the measure set out in the Prequel, §8, on the positions and persons of the political and military leaders in their positions. The close: how far each of the seven hard questions the upstream left to this series (the strong forms) has been answered; what has been taken on and not carried through is registered as it stands; each part of the remaining work has a destination; with this, the four steps on the side of institutions have completed this round of unfolding, which does not mean that the questions of institutions have been settled. A post-war inquiry commission runs through the paper, which interfaces in place with Kant. The paper has five propositions (N36 to N40), each stated at the end of its section and listed together at the end.

国家头上没有更高一级的强力调节者。它有几处"最后":最后的规则、最后的审、最后的退出、最后的强力、没有上级的彼此、最后的手段。这一篇是系列的终篇,问三件事:每一处"最后"是不是都在一条它自己关不上的通道之下;对内、对外各是哪几条;全系列答到了哪里,停在哪里。"最后"指层级:上面没有了。它不指免问。政府论说,构的配置应当让每一个位置都在某一条它自己关不上的通道之下;那里的网有外层,到了国家一级外层没有了,这一条照旧成立:外部路径可以并存;须由本国落实的纠正,承接在国内合成;外面来的问,接进国内的通道(推及自担)。六处逐一写清四样:谁发动,影响哪一对象,被问的一方能不能关上,失灵时怎样归账;第四样是这个系列加的(自担)。一个位置不行动、又没有不依赖它的替代时,也在事实上成为一处"最后",同样在通道之下。对内的通道是闭环、内部主体可以发动的通道与退出;退出不替追问,不是默认的第一手段,也不设遇险的人须先穷尽其他通道才能走的次序(自担)。对外,没有另行作答义务的一般平级外交发问,本国可以不答;已认的条约与共同程序要求的作答与落实,照办;答与不答都在内部的通道里受问,本国施为所及的人的问要有地方落;对外的问单独算不上一条通道,接上内部的才算。国家的名义不遮蔽位置与人的承担,构的失责也不自动转到某一个人身上;归账至少有三样:公开并归到位置与人,受影响的人问得到、答得到,有过失的位置此后受更严的确认;法律责任交给具体的法(自担)。具体情形里的判断与后果,照前置篇第八节的分寸,落在在位置上的政治家与军事家的位置与人身上。收束:上游留给这个系列的七个硬问题(强式)各答到哪里,认领而没有走完的照实登记,剩下的工作各有去处;制度侧的四步至此走完这一轮展开,不表示制度问题已经结清。全篇以一个战后的调查委员会贯穿,随文与康德对接。全篇五条(N36 至 N40),各节末写出,篇末合列。

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