The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-20
The Problem OF Promoting Peace

The Problem OF Promoting Peace.
The difficulty OF the task which con-
fronts the trustees OF the Carnegie Peace
Fund cannot we'll be exaggerated. II Is
easy enough for a lot OF well known public
men TO sit down at dinner and tell them
selves and the community that peace is q
great and good thing: but such talk, true
a. ii may be. helps very little toward the
solution Of the problem how to spend
100000 year in the actual promotion
of peace throughout the world,
Doubtless publicists. jurists and states
men agree that the establishment and
maintenance OF a permanent judicial
tribunal for the hearing and deter
mination of international controversies
is one of rhe most powerful agencies
practically possible for the prevention
of war. The results Of the conferences
at The Hague have already gone far
toward the creation of n so-called Court
of Arbitral Justice to which the nations
Of the world NAV submit any disputes
that arise between them for decision,
not upon diplomatic considerations but
upon judicial principles in accordance
with recognized doctrines and rules Of
international law. The recent Atlantic
Coast Fisheries Arbitration between
the United States and Great Britain
before the Permanent Court Of Arbi-
tration AZ The Hag,is VIVA the most nota-
BILE step that has vet been taken by any
Of the great Powers in the direction Of
what is desirable in this respect. In
that great case Senator ELHIU RooT
of Now York was tho chief counsel for
this country. A Secretary ~ State hs
had already manifested his belief in
the efficacy of tho judicial settlement
If International controversies by the
numerous arbitration treaties which he
negotiated while hs was at the head
If tho State Department. He was able
To put some of his theories into practice
in the conduct OF the Atlantic fisheries
arbitration: and thus his experience as
a statesman and n lawyer justifies the
selection Of him to preside over the ad-
ministration Of this great peace trust.
A meeting of the American Society for
the Judicial Settlement Of International
Disputes was held in Washington on
Friday. One OF the most suggestive
addresses was delivered by the Hon.
HENRY Il. Brown. a retired Justice Of
the Supreme Court Of the United States.
Judge BRowN doubted the practicable
ity Of a permanent court OF arbitral JUS
tice because of the absence of any au-
thority sufficiently strong TO enforce its
decisions There would not be anything
gained by arbitration if the successful
party were obliged to resort TO arms to
obtain compliance with the decree in it's
favor.
This il a valid criticism and worthy Of
consideration. II is based on BENTHAM's
theory that law necessarily rests on
physical force which threatens TO punish
those who transgress it, so that the sole
motive of obedience to the commands
Of the law is the fear of punishment
This fear, Judge BROWN evidently thinks.
would be wanting in the case of a decree
founded on international law. and hence
the decisions of a permanent court Of ar
bitral justice for international disputes
would lack the necessary sanction for
their enforcement.
II the doctrine Of che Benthamites
il correct, TO the effect that fear Is the
handspring Of human government. il
would be difficult TO answer Judge
BROWNS argument: bur the theory Of
that school Of thinkers in this respect
is by no means generally accepted
Among those who have written ably in
demonstration of its unsoundness no
one il more distinguished than the pres
ent British Ambassador In the United
States. Mr. JAMES BRYCE In his brill
liant Studies in History and Jurispr,i-
dence i an essay on the groundwork Of
Obedience IA applied To tho fundamental
definitions If Jurisprudence IN which
h. sndeavors To ans~ % tho question:
What j. The force that brings and keeps
men under governmental His conclu-
sion is that custom Is this controlling
force and not fear:
The great ulI o,'hs rules which determine the
relations Of ndl, dual, or groups 10 ou- another
have IN most countries rested upon custom that
10 To Ny upon long s"'rrd practice when every
body unds r-nind- AMI In which ever, holy sc.
duiesees In such countries customs we're or are
law. and do not n-cd IN he formally rnouncei In
orcrr secure t-~ir "nservance by the people,
l custom Is simply me result ~ the disposition In
Mo Azrin what mas been done before. what Ahblt
~ the Indi, lluaI custom Is To she community
ut n IL l. conceded that custom in i,s
broAdes' sens" i the basis on which the
state II huilt. the tendency to aggre-
CATION, compliance and submission, as
Mr. BRYCE puts IT, how will this force
Operate 10 induce complianc" with the
pIdgln'u'- u0 4u International tribunsl'
The analog. upt prncl.se. but We think
that tcu''I. ui similar character
will o. upon the nations
Of the NO H .| nu ~ the movement
The development of International law il
carried on by the express agreement or