The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-08-23

contained in the address of Lord Chief
Justice Russell before the Aneri-
can Bar association that seem to
us worthy of study by Americans,
is that portion which deals with
the broader and higher meaning of the
term claw and of its evolution. Lord
Russell was led to this phase Of the
subject by the denial to what is called
international law of binding force.
Some of the authorities declared that
there can be no such thing as an in
ternational law, because there exists
no tribunal competent to enforce land
to inflict proper penalties in case of
disobedience. Resting, as international
law must do, upon common consent,
and depending upon sense of
public honor and fear Of
being held forsworn by sister
nations, it is not in the view of these
authorities entitled to be called law at
all. Far worthier is the view Of Lord
Russell. who sets down that state of
society in which law is simply "the
Give power" as still only half-fedged,
and looks for the highest development
in a society where the chief sanction
of law is not the dungeon and the
scourge, but the willing and intelligent
acquiescence in rules of conduct which
are approved by the common judgment
of mankind.
Lord Russell points out that the diff
ferent views which are held of the
function and scope of law correspond
with different stages in the evolution
airy development of society. First of
all, we have no laws at all, except the
customs and usages of primitive
tribes and clans. Where there is no
settled state, but only the elementary
association of individuals for offense
and defense, inherent custom holds
sway. 1t is based, really, upon the
common consent of the individuals
subject to it. Disregard of such usages
is matter more serious than can be
measured by any penalty to be in
flicted, because it is treason to the
very existence of the tribe. Later on,
with the development of more COM
pick communities and the extension of
relations to larger and more loosely ag-
gregated bodies, we come to the phase
which most civilized nations exhibit in
their laws.
This is a condition In which the leg
islative and executive powers, that
have been delegated by whole com
munities to individual representatives.
are vastly and unhappily exaggerated.
Law in this condition, Is invested
with a new and fictitious character. It
becomes a species of entity, having
dignity and honor of its own, and is re-
garded as existing outside of and above
the will of the community itself. In
that stage of social conditions every
thing that is to be accomplished is pro-
posed to be done by passing a. law.
More serious even than this reliance
upon legislation, which results only in
piling upon our statute books unnum-
bered acts which are neither under
stood nor enforced, is the ACCOMMODATING
idea that the sanctity of law depends.
not upon the common consent of the
people behind it, but upor. the ability
and vigor with which it be enforced
We arrive at social state in
which the only serious effect of the
law is its penalty. and the only sacred
ness carried with it is derived from the
fear of punishment.
1t is in such a state that we are liv-
ing today. Men do not hesitate to yio-
late the laws of city. state or nation
If they can do so with impunity and TO
their own advantage. There is little
disgrace attaching to the act. Indeed
he who can compass 1t is, regarded as
rather smart fellow in getting the
better of the other smart fellows who
sought to hold him down. The whole
thing is considered as a sort of intellec-
tual combat, in which the body of the
people have small concern. They them
selves, when they come within the
reach of the law, know little of IT. ex-
eept as a malignant ruler, circumscrib-
ing their liberties, resting upon the will
Of others than themselves, and deal
ing with it's subjects with an UNEQUAL
hand. 1t is beyond this evolutionary
period that there lies the realm of a
higher. nobler and more venerable law.
to which Lord Russell referred in his