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International Legal Evangelism: Intelligence, Reconnaissance & Missions

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to envoys and mediators, by showing how the basic principle of such law<br />

could be located within the natural law. 132<br />

But there—right there in Malcolm’s last observation—is the rub. The “basic<br />

principle” of the law relating to envoys and mediators can “be located in natural<br />

law.” Fair enough. That is like saying the basic principle of the law relating to<br />

homicide can be located within natural law. But the operation of law in the world<br />

depends on details. We say the devil is in the details, I want to say God commands<br />

us to attend to the details as positive law-makers. That the basic principles behind<br />

law—national and international – are given to us in our moral thinking, is no doubt<br />

true. But the details are all important, and they are man’s work not God’s. 133<br />

You see, natural law in the world is never just an application of natural law<br />

or moral ideas; it involves specification, or, as the natural lawyers called it since<br />

Aquinas, determinatio. 134 Finnis talks about this; so does Robbie George in his<br />

essay “Natural Law and <strong>International</strong> Order,” in his volume In Defense of Natural<br />

Law. 135 Moral ideas do not initially present themselves in law-like form, if what we<br />

mean by law-like is something that can really work like a law. Real-life laws are<br />

complex bodies of articulate doctrine and technical criteria. The layman sometimes<br />

<br />

132 In all this, Malcolm takes himself to be criticizing Beitz’s book, cited above in the last note but one. But Beitz is<br />

addressing a well-known construct called Hobbesianism, which is not necessarily the same as Thomas Hobbes’s<br />

own particular views.<br />

133 For further elaboration of this theme of devils and details, think of the lines attributed to Thomas More in Robert<br />

Bolt’s play, A Man for all Seasons:<br />

MORE … The law, Roper, the law. I know what's legal not what's right. I'll stick to what's legal.<br />

ROPER Then you set man's law above God's!<br />

MORE No, far below; but let me draw your attention to a fact -- I'm not God. The currents and eddies of right and<br />

wrong, which you find such plain sailing, I can't navigate. … But in the thickets of the law, oh, there I'm a<br />

forester. I doubt if there's a man alive who could follow me there, thank God . . . (He says the last to<br />

himself)<br />

ALICE (Exasperated, pointing after RICH) While you talk, he's gone!<br />

MORE And go he should, if he was the Devil himself, until he broke the law!<br />

ROPER So now you'd give the Devil benefit of law!<br />

MORE Yes. What would you do? Cut a great road through the law to get after the Devil?<br />

ROPER I'd cut down every law in England to do that!<br />

MORE (Roused and excited) Oh? (Advances on ROPER) And when the last law was down, and the Devil turned<br />

round on you - where would you hide, Roper, the laws all being flat? (He leaves him) This country's<br />

planted thick with laws from coast to coast—man's laws, not God's -- and if you cut them down -- and<br />

you're just the man to do it -- d'you really think you could stand upright in the winds that would blow then?<br />

(Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake.<br />

134 Aquinas cite.<br />

135 George, In Defense of Natural Law OUP 1999. Finnis in NLNR; JW in “Torture, Suicide and Determinatio,”<br />

American Journal of Jurisprudence (2010).<br />

<br />

55

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