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Coloured co«an/ 
Couvartura da coulaur 

□ Covars damaiad/ 
Couvartura andommaiia 



□ Covara 
Couvartura 



□ Covar titia mininf/ 
Utilradii 



and/or laminalad/ 



I Icarttti' 



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<iA.autraqua 



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MICBOCOPY f«80UnriON TEST CHART 
NATKJNAt ■UnCAU Of STANDARDS 

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(ANW wrt ao THT CHMVr Na 9 



INTERNATIONAL 

LAW 

AND 

AUTOCRACY 

A Pn^ Leetm delivered hdkm the 
Uitiyersity of Pennsylvania 

BY 

GEOFFREY G. BUTLER, M.A., 

Wmmr Mi UtwriM of Cofpar ChM CpBh i . 
Camliridae. 



HODDER & STOUOHTON, 
LONDO!' NEW YORK. TORONTO. 



MCMXVIL 



TO 

TH£ LAW SCHOOL 
OF 

THE UNIVERSmr OF FBNNiYLVANIA 

WITH GREAT RESPECT 



PREFACE 



•Emmly in tbe pw*.- 1 winter t Imymultf of Pennsylvania 
Wndly asked me to drtiver a loot- oo international law. I 
ihoald not have rvprinttd what I tiMn Mid if I had no* 
BOliotd UmI the paHfetdar Citko analogy which I there tried to 
expoee seemed he exohu y, ag the decent obscurity of legal 
periodicals for i.i; pobUoity of popular journals. Some o oo« 
■iderable oocupatiOB sfateO my retom is my orfy mtnm Ux 
nok rewriting in more formal shape this attempt to treat briefly 
one point in that most dubious questitm of all legal questions, 
the analogy between municipal and intenMtioMl 

O.G.B. 



Oatpoa Christi College^ Cambridge. 



INTERNATIONAL LAW 
AND AUTOCRACY. 



Theeb is not at the present time any teoad 
of iurisprudence wWch pnatod man wooW xalbflr aolve 
than tha qiwatton whether there is, or there is not, 
a gsed fCfMpee^ ftw developement of international 
law and a good prospect of seeing grow up before our 
eyesa state of society based upon it, in which it shall 

rei gn supreme. 

It k easy both for the sia^ and the kanied to 
be peaimiatic. Here, as always, those who can supply 
BO background of history in which to set current events, 
however abnormal, in their true perspective are the peoge 
who are most sad about the future ; but It ia mote Mfkraa 
to notice that, in the oaae of tUa pailieular question, w© 
iiid in osrtaitt qoavtan daq^ oombmed with learning. 
The last twenty years have seen great changes in our 
ideas about the origin of law, and there is to-day a certain 
school of social psychologists who have lent the weight 
of their undoubted teaming to peMfanirtio and. it 
Kwnia to ne, anoneoua views. 13iey maintain that 
what we have discovered about the origin of " mum- 
dpal " hiw (I use this phrase throughout in the technical 
U national as opposed to international law) is 

4 



TMM SOCIAL OONTMJkOT 

BOl uliiafiil liiilliltt to ttoBe who otSL lor the immedia.te 
MkAUishment ol the law of nations upon a firm founda- 
tion by the ^ontaaBOiu general aot of the nationa of 
the world. 

From the oid-fMihioiMd Himtim to ti» «^ « 
taw tiM Mnatkeal tawyw oodd dmw nothing but 
onoBfagMBfliit, lor the analogy was such a perfect fit. 
One used to read in the old text-books how Rousseau's 
" noble savage," ranging wild and free, was smitte n on» 
day, like CJaliban, with faer tboo^its hmI Mfelir aepiM^ 
tioni. IfttranpoB h» eiffled hta IdlowHnfvagBi together, 
and tiiey, after the solemn signing of a oontraot, 
inaugurated law by which thereafter they and their 
desce- '-ants should be bound. The transition in argu- 
ment from municipal to international taw wm 9my. 
How nairffesay a meeting of tiria IM iorahnd0wed the 
meeting together some day of representatives of the 
savage nations in the determination to lay down their 
arms, and in international afiain to inaugurate the 
rule of law. 

All this is imposabfe to «i as we see it now. The 
thfinrtui of ITmiistien. and of the contractualists before 
Mm, ehraya— and especially, perhaps, to their originators 
in part symboUcal— were beginning to appear inade- 
quate to our grandfathers. They have been torn to 
pieces by our sohodta of kw. We bogwi to ctonge oor 
vtews when ax^aokgirts pr o test e d that instead of 
lUieoriniin]: about the " noble " savage of an older day 
we should proceed to study the real savage and savage 
life and primitive institutions of our own day. Even 
unskilled observation sotm suggested doitbtt aa to ^ 
ability of a xedddn or anAuatraltatt bodanan to graffpta 
with, stiU less to express, legal ooiuseptions other than 
tiiose of the simplest kind. It soon appeared self-evident 
that it was absurd to find the origin of national taw 
in an imaginary meeting of half -clothed savages ffudi 
as the contraotuaMsts described, or to tranrfsr to ^ 1^ 
some rtiiB||0 aaaohnnunn the highly-developed attri- 
htttes of , tat tti si^*, a New En^^ towad# maetiat 

S 



THE AUTOOBATt6 TSmST 



of to-day. " They may be savages," wittily said the 
late Professor Maitland of a similar M iichfoniiti n eon- 
oeptkm, '* hut I think th^ axe in vrmtag dxess." 

flie Idea of a primitive and iocmal " social contract " 
iwrfwg omee «ploded, there soon appeared a more correct 
view of primitive society and the origin of law. It was 
seen that the Australian bushman or the more highly- 
developed radAia is indeed a mmm* «id that the 
oharaeteristio of the savage is the elimination of 
personal voUtion and the idea of self as independent from 
the tribe. In studying the human race, the nearer to 
the beast we get, the less do we hear of the point d 
view of self, and the more do we hear of tribe awi tribal 
ointwm Slartkig wifli the beasts themselves, one re- 
members the picture painted by Rudyard Kipling in his 
Jungle Books. There one may see beasts of all kinds, 
lovable— such is the skill with which they are painted- 
rational up to a point, but all bound by an iron rate 

Hio Law of the Jan#»— to wUdi an unquestioning 
obecKence was eniotoed by the fear of instant death at 
the hands of other members of the pads. 

Now this is the law of the Jungle, 

As old and as true as the sky ; 
And the wolf that shall keep it may prosper, 

But the wolf that shall break it must die. 

Mowgli would not have found himself ill at ease 
among many of the teibes in Central Australia bound 
by unreasoning obedinatee to ^ custoaa of tl» fetich 
or tin UAma. He wonkl have understood much that 
we now find it hard to understand in Enghdi history of 
the Anglo-Saxon period. 

Now the social psychologists tell us that liberation 
from the bonds of this all-embraoing savage oottocji came 
to paw in ^leMBft wmj» with diiteeBt tifibea, YxnA tiiat 
^btm was probably one ^jrpe to which most instances 
conformed. Some one savage, perhaps the successful 
warrior, perhaps, as we are told nowadays, the tribal 
medidne-maa, sometime no doubt a savage 

9 



INTMMNATIONAL APPLICATION 

<MWiMawl ^ oAoat ol IwUi, nadt it known to aU his 
fdiow-tribesmen that, on certain points, it was his will 
that had to be oairied oat, even though it meant a 
conflict with the tribal custom hitherto obseired. (Xm 
ean pietme tiM hiwltiiiir j wfak^ at fini oialei* bvA 
«il«r * the triberauii wonld learn that the risk 
of inonning possible death at the hands of an outraged 
totem spirit was preferable to immediate and certain 
death at the hands of this one among them who mad0 
these new didms and assumed tfaki Utbnto imkaowB 
•^MK^. It is ea^y to how ^ aothooty, once 
manif wi t n d , wm extended till it obtained an equal and 
• gwator share of the tribe's obedience than the old 
customary rule. When that is the case we have passed 
from a rule of custom into a rule of law, depending upon 
the intelligence of an individual, not upon the mob 
Minct oi » <bov«» <a rale d law sustained by and based 
• on fear of human force. Later developements there 
would no doubt be. The successor to the original law- 
maker might not be able to bend Ulysses' bow. Tlia 
power wiMk hb i^McM m U» akaw te Bii|^ h»n 
to lAAze w^ tilt dd or the wise or the active men 
of the tribe. Law might in time lose its originally de- 
spotic character and become the blend of compound and 
conflicting currents. Freedom might slowly " broa^ 
down from precedent to preoedwit." Tl» mi^Bul 
bowm, xvmaiM wafieetod* Mm had Mved like 
f^tnmim ^ rulcd by herd morality and custom. It had 
needed one despotic authority to free them from this 
state. By the authority of one, not by their own effort 
or combination, they had been paved. 

In many respecto the devetopwoenft of iiitoRi«tiona.l 
eon% OMmot be xegaidad m an event in pari materia 
with the rejection by a savage tribe of the control of 
totem or fetich in exchange for a system of p ositive 
law. Nevertheless there is a school of modem^dati 
who believe that no fofoe bnt that of » iiB|^ P««- 
dfflft«"«^"e «« • ^ inte matiCTMl 

IMT tft tliiAfit liiwi i iiw 1m. mM 9Makm, Ammm§ 

1 



AmjmJUm AIgS> IdSdJDVAMTJSMa 

to iMi theory «lw arttow Mgr ifm t» tUmm mok m 
ipirtaBi by the most solemn promiMS <»r oontnctfl, but 
nooB the lees histOTy has shown that sooner oi lat^ 
m,^ of the nations which has most to gain by doing 
■0 will break away to follow, perhaps nadir ooffw of «to 
BbUert profa w ioiM, lui i amh tin* m» pttHeidHr to 
itself and ssifish. There is no half-way hooie, so w^ are 
told, between remaining as we are, with world peace at 
the besf^, but in a state of suspended animation, and the 
establishment of international comity by the uprising ol 
• preponderating power wUdi wiS make ib in^oirible 
ior tb0 separate natfeme to ioBow their divergent interests* 
This preponderating power may itself be guided by 
eelf-interest, but it will be argued that the historictd 
arobaMdogists are right in telling us that at an early stage 
of » new ijilein of society tint wikk wamtbt mkrmam 
to tte ^piaall^, not the qnahty of govemmoit. When ^ 
in the settlement oS international relations international 
law has been a force, not a mere aspiration, for two 
hundred years, t> en it will be time to insist that ovher 
nations beside the prepondemlaig power i^ftfl hmw » 
veiee ki wha* fatemalfaiwil kw AaSk be. 

It is in soiae such terms as tiiese that the social 
psychologists whom I have mentioned would express 
thdr views. Their points are clear. Primitive man 
was freed by despotism. The society of nationa haa 
aoikiiig to Imt iraiit, indeed haa miiek to gato by, tfa* 
fH pa m g t fiu M of strong, forcoful power, longsighted, 
flttofani, persevering. Egotistical it might be, but some 
price must be paid for what it would give, and one must 
trust that the poww might later be moralised and 
dnsBOttiatifled* 

JSkm, before p ro o ee din g to eumine this oontentkm, 
tad to aee to as we& poaaded in history and social 
science as its supporters maintain, it will oo well to see 
exactiy what it claiir , and to acknowledge truth in it 
where truth exists. It is on firm gronxui when ifc nalm 
• elear that internatkmal Ukw rests aad wiB always leM oa 
feiee. K is. isia to O^oto Oik* b^ it xeiaite to se* 



TBE ANALOGY EXAMINED 

wbiethim thoae natioiu who accept certain conceptions 
of international law can unite to give theee the nqpport 
of force, and whether historical analogy drawn fntt 
origin mimie^ Inr xeaHy nmiSts w in^ 
IcolMhOity. SMoadiy hi condemning as unnecessary 
to tiM fothinuioe of international law the call for a 
fMpenderating power to enforce it, we are not concerned 
to discuss (and we must not score dialectic points by 
discussing) whether hnaan oc national Hfe woidd ba 
Isii pbaaattl Aan H hi aov mdv tiie oontingenoy 
suggested, nor whother, as jb happened in history, 
ahnost mechanically, as it seems, many times bfiore, 
a balance of power would raise itself among the natifliMi 
as an offset to that prepandeniaee. ThMe are perUnent 
^Bittiona, but ir0 MB hem eoaoiinad only to discuss if 
tft k the case that the histoiicAl analogy of the gro^h 
of municipal law points to the necessity of one pre- 
ponderating power, or whether the social psychologiGts 
ire overlooking any further iaetoni. 

They \&j thenwlves open to ctitkini feom tto 
■tert <m a question of method. Supposing the general 
analogy with the developement of municij law is 
admitted, it is none the less absurd to concern, oe upon 
any one point in the hisu)ry of municipal law, particnlaily 
if that point be its origm, aad to say ** Hun waa mmM^ 
pal law i^baping, ai tiiia moment, in the same way we 
must expect international Uw throughout its whole 
developement to shape." A study of the developement 
of municipal law over a nv.mber of years, on the con- 
trary, may be helpful in tb it tioows ]i|^t, not only 
1^ tiia stegM M cMepeoM i^ ^taaa^ wkkk iiMC^ 
natiooal law is likely to pass, but also perhaps upon 
tlM origui of municipal law itself, revealing that the 
origin of municipal law was more complex than some 
Bodal psychologists would have it. Moreover, the Miiy 
days of a ^vtem of law •» not neoeamrify more fan- 
HoBNrtifr UMa tha laiiir ata^ The biogi^q^ 6em not 
^Ml upon the birth of his hero, which may or may not 
te* fWHaWed of otiuM men; he leaps forward 

• J: 



MTMummiMNT aw MmwiWAL law 



to tiie yean of adnoatkm and apprantiooah^. It #fi! 
baniil» l linie i ii, toaaat aaayawpan ilia aotaal d tf i iap a 

meat of law in different ooontriaa, not merely upon ita 
origin in remote and distant ages; and this can best 
be done, on the only scale here possible, if at least three 
great oomitries are taken for examination. 

iMk M a* EngUmd of tlM twiKUl MB*^ 
tiM knr vUeli gomam ns in England tc-day first took 
shape. It was a wonderful period. The nineteenth 
century, with its Edisons and its listers, has 
changed the face and habits of the worid our fathers 
hanrt M eoBiiaffi aad asNoi^ cf Bfa tisoiighoiil 
tiw ftif^i ipialiiig mriA to<day is doe more to tha 
brains of certain thinkers about law and administration 
tagjob hundred years ago than to all the inventions of 
tiie last two centuries. We ue fortunate in having 
many deaoriptionB of the pedkxL On tiba vaiioai 
old loads out of Jjcx. Ion you win oome to cities and 
towns who», in mediaeval duyt, rose famous abbeys. 
Often one thinks of an abbey as a spot of seclusion and 
of silence. With the great abbeys of the twelfth and 
thirteenth centuries in England that was far from tba 
eaae^ They weve iha eaifaig pciol of all nan &a^lmmA 
bound from London, and oouriem from Scotland and 
the Marches would put up there upon their inward 
journey. Few places in England were as well informed 
with tiie news and gossip of the King's Court and his 
advisees. Thaaa abbeys had eadb their own M a tori an. 
Mostly they men iM m ptotng ea q oe pen and an 
insatiable appetite for news. They wrote great liooks 
in folio volumes and illustrated them, often with their 
own hand, with drawings that have been reproduced in 
many modem history books. These books aie the saered 
booka of me^ml Bng^ Ualoiy; soma of the moal 
famous of them are to be found in the library of which I am 
librarian at Corpus Christi College, Cambridge. Now it is 
good to read all books of history, but in these books there is 
something more than the mere evt ts ^asty ohroniole; 
lor ten ttf» aad »0fa tiM King, Hiefy IL, and tha 



LAW IN MNOLAND 

tad oi ItlMSllA MB iAmi& 1m A<m «o fiuninon to hit 
Oo«t to hnA ♦lie power of tha barons and to check 
decentralimng f oroea in the kingdom— in a word, to gve 
England a law, a prooeBs which sone of the mflmh 
historians regiuded sourly, being mot* • 
iiiiiiiiimlilirfl in tikeir "views. 

XIp to tbe nign of Henry n. England had been 
given over to ar. antiquated law administered in local 
courts of custom rather than of justice by antiquated 
methods such as Uiat of the ordeal by &• and wa*er»«r 
■gain, in iBBdtl eoorli in iMk tbe barons were 
luuiimo. It WW tte task of Henry to establish order 
and a deiLiite system of ]a,w throughout the country 
much as Americans or Englishmen of a later d^ 
undertook similar work in the PhUippinea or In^ ™ 
made no sweeping general deelanliaBm ho l«*d down 
BO U^-sooQ^ priae^, but he preferred the method 
of soUd administrative work like that of the fine band 
of the servants of the Crown and the Uniied St^ites m 
British India and our and your various tropical depen- 
dencies. Thenii^nesaf Maadn«Bi»wii*w»\«nd^<»» 
motnie their UkmpuBnabeiB and see them «»veo and 
i^eak in conrt. RanuK GlanviJl the Justiciar, Richard of 
Dchester, an of Oxford, Geoffrey Redd, Bishop of Ely, 
Hubert W«*lter and Richard EitxNeal were there, scholaii 
and statesmen and writers, some ol wiiom hm m 
twatiaesuponthawoikAegrdid. It was a slow process 
flift hKve^on of a new writ whereby a whole fresh 
oategray of cases were brought into the King's Court; 
the perfecting of a system of assize whereby good justice 
was taken to the remotest parts of England; ^ eate^ 
lishment of new good noftods oi kw i^iA t*ooA 
tho test ol all the interraning y(>ar8. 

It was the popularity of the King's hiw which gave 
it strength. It was hated by the barons, who retaliated 
whenever the chance was offered, and endeavoofed to 
shake themselves free from ifc. But the faot tiiat Ifta 
judges aad tti!iw*-fai«*to»« ■ — imwt i. end fte popular 
nroMct it eii|09«d, vafaied tiie law to eodora tiooi^ 

11 



TBS LAW AND CfONSaNT 



the troubled times of King Riohard, King John and 
King Henzy m. to the leign of King EdwMd L vko^ 
hj iiBflarmefthodi Mid hy iwtifai fa m l iwihr qpW*, 
HM to give it nMT Hwiigth aad to M»9 tetii teto II 
•ven finer frait. 

This analysis of the harvest time of our jurispradenoe 
shows nndoubtedly a leader, in the shape of a king, 

it. It ihoiwi iMmwer something more. It Axmm good 
law lesting on national support and able to grow only 
because of it. It shows a court of justice so strong 
that, although the personality of the King was obviously 
mofe d oiT**"'^*'"g than any oontoiBpcuy ionStit oovldt 
lAcB tte Kk^ WM wwk or abMiit» yumuv e its poaitioii 
unimpaired. Indeed, the King never attempted to take 
the place of the Court anr' to pass judgments by himseli. 
"Take heed to yourself," growled the violent King 
Rufus to a bench of jndffM boHmM «i ilnag m ^bem 
i^pointed hy King Heuy II.; "if yon wffl not oondtom 
him as I wish, by God's face I will condemn you." 
It indicates that the King's law only ran as good law 
when administered through constitutional ohannds, and 
we are introdi ced to a conception, nam * tdrfm to 
AnmHwif ni»i| ^tiMw ^ poittieiiflf * maa power- 
less when acting in a private capacity, but all powerful 
when acting within the constitutioi jmd bent on giving 
to the nation what the nation wanted — a good law. 
" When he does justice he is vicar of the King Eternal, 
Iml he is the devil's Bdniiter when he deohnes to 
iajiistioe." TUs ki the ocmtemporary conception of 
the Enghsh King as creator of the law. It was because 
the Bong's Court had proved that it was set upon the 
path of justice that one finds in 1268 a petition from 
the representatives cl the iiaiiiaEi lor aa eacteonoa ol ^ 
power. Only beoaaie it wmt aothi^ under such conditions 
do we find pressed and pressed again, from the nation's 
side, not from the monarch's, the novel doctrine of the 
omnicompetence of the King's Court. How different is 
this from despotism; how clearly is the mmik^ hm 

IS 



Cf UMd MMI to lHI« BO* OBi^ OB tlM win flf • pi»> 

teiiMrtfaV powir, bsl iqpoa th« ooM « p t of thow who 
•le goramed and upon the conrtitatloiuJ exercise of the 
law's administration. We are even tempted to reframe 
our account ol the action of the imge^ savage wh» 
first brought km to MgM, M»d to wo we cto My 
MMo thi* Mi tot d wwap oti oii depended in mm 
degree npcm the other savages' consent. 

The suspicion becomes a certainty when we examine 
the history and growth of national hm in ItMWO . 
Here, if anywhere, the flnag moMM^ «i Ao Bnilii 
aim ni^hmflMdl Ml behind ft natkin^ It 
did not do so. Ranoe was not to know a common IftW 
tiU it was given it by the " red hand of the revolution." 
There was much benefioenoe in the deepotismrf V«»- 
saillee, but in that it focmed no oentna of good latw 
^ined to Bieet the aotkn'o need, la Hie manner oi 
ti» B^sh Kings, it was found an insufficient basis 
for the nation's municipal law. Here was an aU-power- 
ful crown, compara>)le by analogy to the law- matoy 
despotic savage, I . ^ beoauie It ootid alenott MM 
Thece was an ftboanoo cf own n^eoaMieae Moaent on 
port of thoeoiriMBt it fovmod. tato ioioo woo 
powetless alone. 

The constitution of the United Stfttes of America, 
and the municipal law that may be said to ha ng upon 
it, form the nipMnio ennflo of ft now Itgd igwt«t 
Hile time moio apMBtBy in the realm of cooatitiitional 
arising by agreement or consent, and not issuing 
from the despotism of a controlling power. It forms, 
too, in that it was an agreement bef veen States, the 
closest analogy to a possiWodovelopeniflBt of intstnfttiflnol 
lililioBt whn ^ mrio over How for does it en- 
oonioie thoee who befieve in a future for a society of 
nations governed by international law 1 It should be 
noted that the analogy is far from perfect. The United 
States was organised as a "'jj!''*'^ ^^ifeio^p^*^ 
cei^hiio iiit> %*g r whit Iwi n i rorid wide 



LAW AND THE UNITED BTATE8 

organisation. On the other hand, the conditions of 
the Monroe doctrine and gxy^^^ 
made the United Statea » atta t^ta&a^ ma» mm 
iHi til A fit 4ha oitet iialhini. Hbm «qr other country. 
H if BBto i M tt hy , too, that it poMew w mort markedly 
tte Idea of a union of aovereign States which the 
federal unity, though ropremely dominant, has never 

■wallowed up. 

iB^Hd, Emm and tte Wted States in 
tM la^dl,«Mk Ib lltipadal fashion, convincing proof 
thttt the power of agreement or consent between two 
or more parties has proved, under the most exacting 
teste, sufficient force upon which to fMk » wmtkn m 
the realm d mmdeipal hwr. TUa bsfog so. tiie eon- 
fli Hm social psychologists thai the analogy of 
law is fully on their side does not stand a 

lamination. Judged from the point of view of 

this analogy, there seems no re»'^n to doubt that 
international law mi|^t arise strong and supreine, 
dsiiiii ilW'e OBfy on the union of those natione which 
aooept certain conceptions of that law and unite to give 
them force. What form will such a union take? It is 
a riddle. Not, probably, the form of the World State d 
which the mediievalists dreamed, not, pfobal^, » wodd 
fij|i T.ffn« eomfacM to the Union ci the United 
Slates of America, because of the cumbrous form it 
would so have to take, but rather an agreement between 
sovereign states to enforce in a world restored to peace 
conceptions of justice and <»daMd ksw for ^kfc ,th^ 
must be prepared in uiison to i^t. 

fteet» kwrever, is not yet. The learning of Europe 
ie on the field of battle. The descendants of those 
teachers and students who thronged Bologna , w-hwx ^e 
law school of Bologna was aans pareH in CSaiitaBdOBt, 
are shedding their Uood in the Ttn^ or oo the 
Boaatito prao^ieea oi BfltliMm Ilafy. It is a movmg 
•lory of the great patoographer who remamed at 
work doubly hard in the Bibliotheque nationale all the 
tame the Germans were besieging Paris in order tha* the 

14 



TMM eAI£ TO AMMMIOJLN LAW SOBOOLS 

Imbi^ «t taaM ali^ m MHpit; tak men 
ttBi IMM* are not fonnd twice in » oentory, and the 
leiniiig of the Sorbonne, of Parii, of Fruioe, hM sprang 
into Hne at the magical word " " which i» ^ 
on all lidca in the land of Fnaot. Tlw iiiilfifritfM of 
BiiHiaaadBB^aad imMliOBftiii. The learning 
«f IimuM hat handed on the totoh to tho leaning of 
ibBiiiea. With the American law sohook reeto the 
future of international law. Study analog y of the 
common law once more, and you vdH iee that Kflrfrtad 
aU attacks, no4 only beoMM 11 wm popoiw tad good, 
hot beoanse it was » aladied law, thought out, speculated 
upon by the loving care of students. Who knows what 
effect the same kind of study, this time in Am erican, 
not in European universitiea, may have upon the fotnre 
devdopemenl ol tlM kw of ntiioiitt A m^etk ol hm 
knowing the tHKlitioaol a Jvirt as pre-eminent as Hare > 

will have already laid down certain maxims for tb« 
guidance of its scholars. It will have enjoined that the 
study of the law of nations must not be conducted by 
naxrow or pedantic methods. Thsfe .ia no oode «i the 
knr of aatioBa io eonNisa dMd hand opmi the law. 
It win see that other subjects equally must play their 
part with him who seeks to learn; history, geography, 
political and economic theory, all illuminated by the 
pUy of legal principles. Study agreemwli, wfll ba 
the maadm of the law iobod; kmk at oiaps, and let 
your mipa Iw ^' Taar in mind that geography if not 
static but dyn. Remember the world forces that 
ebb and flow behind the scenes. If Panama is the k^ 
wOTd to one of these, remanber there are othera " tiie 
open door." ^ Yai^ VaBsy, tiie Bbftk Statai, Bo- 
khara, Ju^)Blavia, Italia Irredenta, the Holy Flaoea, Meso- 
potamia, Hamburg to Baghdad. It is in the measure that 
these and other forces like them are realised that a study 
of international law ceases to be jejune and fruitless. 

» Hace. one of the groat Amerioan oammentaton upon the 
Lsw.tso^t at tfaa Law Soihooi of the Usiveraity of lltenaylvM^ 
and sat oo Ite bsneb of that Slate for many ytan. 

li 



WOMLD FtmOMS d»D m LdW w »JMm8 

The opportunity wm new Hk* thii. tmm fci alwiy* 
thiwwaitfaig to b> OiwiOfW < t . ti^ 
two f«7 ^iiNBl wm, St. AngastfaM uid Joiiii 
BuiUn, hftve left it on record that, at the beginning of 
their livei, they found tedioni the cxix. PsaUn-^the 
lawyer's owitlole— but thftt» m they grew <jd, it becMM 
(heir favourite beoame mA ^mm mmmA to tsMm 
dl wMamI I tte to think that it enshrinee the ti^rw0C 
of the Ameiioan law whools to what I oonoei?e to be a 
oaU to a unique duty at the present time. 

" Great is the peace that they have who love thy 
Imt: and they are not offended at il> 

**lMiM#Mlflf Iliy w«d: at floe tte* tadelii 



"As concerning thy testimonies, I have known long 
since: that thou hast grounded them for ever. 

" I am thy servant, O grant me Qndanilaiidf ng t 1k»^ 
I may know thy teitiinopiee.** 

]^ al tile horrible things that one has liv^d with 
these two years forbode evil for the law of nations ? No. 
For lo, " I see that all things come to an end : but thy 
oommandment is exceeding broad." 



PriHM t» Ortat Britain by Mtatn. Myre d> SpiMmMtd*, XM^ 
Mat! amf iim $ mmk I m im, MX?.