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Tradition : Principally with Reference to Mythology and the

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THE LA W OF NA TIONS. 11<br />

More recently, however, <strong>the</strong> extraordinary successes<br />

<strong>and</strong> subversions i which we have witnessed during ^*^^this<br />

last year, */ 7 have brought CJ <strong>the</strong> Pall Mall Gazette face <strong>to</strong><br />

face <strong>with</strong> problems pressing for immediate <strong>and</strong> anxious<br />

settlement; <strong>and</strong> in a series of articles it has discussed<br />

<strong>the</strong> question of <strong>the</strong> law of nations <strong>with</strong> much depth<br />

<strong>and</strong> earnestness.<br />

I <strong>the</strong>re observe phrases which I can hardly distinguish<br />

from those I have just employed. Combating Mr Mill's<br />

view, <strong>the</strong> writer says:<br />

"Nobody knows better than lie that International Law is not<br />

really law, <strong>and</strong> why it is not law ; but he seems <strong>to</strong> have jumped <strong>to</strong><br />

<strong>the</strong> conclusion that it is <strong>the</strong>refore <strong>the</strong> same thing as morality. . . .<br />

There cannot, in truth, be any closer analogy than that which we drew<br />

<strong>the</strong> o<strong>the</strong>r day between <strong>the</strong> law of nations <strong>and</strong> <strong>the</strong> law of honour, <strong>and</strong><br />

between public war <strong>and</strong> private duelling." [This is upon an assumption<br />

that <strong>the</strong>re is nothing " essentially immoral in <strong>the</strong> code of<br />

honour," as " <strong>to</strong> a great extent it coincided <strong>with</strong> morality/7] " But<br />

it differed from simple morality in that its precepts were enforced,<br />

not by general disapprobation, but by a challenge <strong>to</strong> <strong>the</strong> offender by<br />

anybody who supposed himself <strong>to</strong> be aggrieved by <strong>the</strong> offence. The<br />

possible result always was, that <strong>the</strong> champion of <strong>the</strong> law might himself<br />

be shot, <strong>and</strong> this was <strong>the</strong> weakness of <strong>the</strong> system. But this is<br />

exactly <strong>the</strong> weakness of international law, <strong>and</strong> <strong>the</strong> original idea at<br />

<strong>the</strong> basis both of public war <strong>and</strong> of private duelling was precisely <strong>the</strong><br />

same,-that God Almighty somehow interposed in favour of <strong>the</strong> combatant<br />

who had <strong>the</strong> juster cause. There is clear his<strong>to</strong>rical evidence<br />

that <strong>the</strong> feuds which became duels were supposed <strong>to</strong> be fought out<br />

under divine supervision, just as battles were believed <strong>to</strong> be decided<br />

by <strong>the</strong> God of battles."<br />

I believe that if his<strong>to</strong>ry could be re-written from this<br />

point of view that many startling revelations would be<br />

brought <strong>to</strong> light. It is <strong>with</strong> reluctance that I turn from<br />

<strong>the</strong> points upon which I approach <strong>to</strong> agreement <strong>with</strong> <strong>the</strong><br />

writer, <strong>to</strong> those upon which we fundamentally differ.<br />

And here I must remark, that " {he accurate <strong>and</strong> intelligible<br />

account of law <strong>and</strong> government which forms

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