New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-22
NEW PUBLICATIONS.
STUDY OF THE LAW OF NATIONS.
CHAPTERS on THE PRINCIPLES OF INTER
ZATIoNAL LAW Bv John Westlake. q. C..
- =, o. ~ o., iiacmillan A. Co

A STUDY OF THE LAW OF NATIONS
\ATIONAI LAM Bv John Westake q. c.
Ii. d. Up. XIX 27j. Macmillan CO.
\ historical review seems TO be an ndis-
pensable preliminary 70 treatise in any hranch
of philosophical. scientific or legal learning AZ
the present day The work in hand Is no eX-
ception 10 the rulr. The author meant 70 nave
added chapters the principles OF neutrality
and on the growth Of international law as Illus
trated bv examples but ne found that these
topics would require treatment out Of proportion
with the chapters or essays here published
Nevertheless five ont OF the eleven chapters OF
the volume are devoted to the history Of the
subject a. Swallowed in events or embodied in the
works Of thinkers who have previously dealt
with H. This historical summary passes from
ancient Greece though the legal evolution or
Rome and the medieval and modern periods
down to the Peace of Westphalla. which as the
author thinks. marks the from which the
existing international society dates. The Whoie
is n tribute 10 the supremacy Of the evolutionary
doctrine which pervades every species OF IN
vestigatiOn The best argument writer can
make for his own ideas Is 10 show how previous
thinkers have led up to them and how they
grow directly out Of the necessities Of the
science to which he contributes. In order to
mace himself I'm the line OF historical continuity.
MIR Westlake has to modify the little abstracts
that have become traditional as expressing
briefly the views Of different writer's. He init
mates that successive authors. In borrowing
these fragments of information ready made, have
so transformed them verbally as to lose the orig
inal meaning. This amounts to assertion
that historians of international law do not make
IT a rule To consult original authors The hint is
-a-;,~ finds or
Grotius quoted he will have TO look them up
himself to be sure they have been taken at first
hand. and not through the refracting medium Of
many another personality. Remembering that
old logical bubble about the Cretans. one will
be disinclned even to trust Mr. Westlake with
out the consent Of ones own eyes. The fact that
history IS v;iated by repetition is good reason
for revising It,
Another reason applying specifically to inter
national law Is that while the Latin word
Jus" the French "droit and the German
"recht" blend the two meanings OF law and
right. thus perpetuating the ancient view Of the
matter English SO sharply distinguishes the
two meanings as 10 have word which en-
actlv translates those cited from Continental
languages He intimates that the notion Of
sovereignty which has been prevalent In Eng
land under the authority Of Austin could not
have arisen the Continent. IrdcucdHN, AUS
tin decided that international law was no law.
because there is nobody TO decree 1t or to en-
force IT, The ought is missing from the Eng
lish idea Of law but II is emphasized in the Con-
tinental words. Possibly the Continental thinker
might. under certain conditions. even imagine
the law as a person enforcing its own mandates.
4 historical view is necessary t. show how both
these opinions can be made to support the fabric
of international law now in process Of construc-
ton. The historical view is Indispensable also
in discussing the nature and acquisition OF ter
litor.al sovereignty; but it Will cease 10 be I'M
portant il Mr.. Westlake's opinion prevails that
modern ideas on this subject do not grow out
Of the Roman law. out Of the notions char
acteristic Of feudalism. Territorial sovereignty
is not analogous, he says. 10 the private own
ership of property, though fancied analogy AT
the outset appears to have led the way TO a
clearer definition of the former. special chap
ter on the British position in India shows how
historical parallels and contrasts serve TO eluci-
date the theme, and the relations Of belliger-
ents in war at the present day could not be ex-
planned without reference 10 the past. The
book is designed not only for academic but also
for general readers.