Appletons' Popular Science Monthly, May, 1900: Vol. 57, May, 1900 to October, 1900Various
Science
Appletons' Popular Science Monthly, May, 1900: Vol. 57, May, 1900 to October, 1900
Various
Science -- Periodicals; Technology -- Periodicals
Though the law of nations should be uniform in all countries, a
comparison of the leading works in different countries, English and
German for instance, will reveal many differences partly traceable
to the particular system of law in which the author was grounded,
and in part to his peculiar “judicial instinct.” It is not often
that one finds an English or American lawyer thoroughly grounded in
the Roman system and the modern Continental systems founded upon
it; quite as rare is it to find a Continental lawyer learned in the
system of English jurisprudence. There have been such men, as, for
example, Rudolf Gneist, whose great work on English Constitutional
Law and History has become a classic. But, as a rule, there is among
text writers on this branch of law and among the eminent jurists
who have hitherto been connected with international tribunals much
“provincialism in thought and conception,” if the phrase may be
allowed, and to overcome it the future jurists who shall take part in
international contests before the high tribunal of the nations will
require to be more thoroughly grounded in the history and evolution of
law in general and in the study of comparative law, both private and
public, in particular, than their predecessors have been.[R] In this
connection it is not too much to hope that the unifying influence of
an international tribunal will eventually exercise a good effect in
promoting the solution of various perplexing problems on the private
side of international law, or what is known as “conflict of laws.”
[R] As evidence of increased attention to this matter in
Germany, see Wertheim, Wörterbuch des Englischen Rechts.
Having indicated some directions in which the growth of international
law will be likely to be promoted by the tribunal, the question
suggests itself whether the jurisdiction of the international court
will eventually be enlarged beyond the scope at present contemplated by
the Convention of The Hague. Will the time ever come when such a court
shall take cognizance of various matters which now lie without the
sphere of “business disputes and questions of a juridical nature” and
within that of essential interests, honor, race, and religious policies
and ideals? The statement, which is sometimes heard, that such will
never be the case, does not seem warranted when we regard the growth of
law in general, and indeed the development of this particular branch
of it, in the past, but it is safe to say that the time is a long way
off; it will depend on many things: the efficiency of the court itself,
the continued growth of neutral rights, the increasing necessity for
preserving international peace, and the infinite forces which have
tended to widen the jurisdiction of municipal law.[S]
[S] See Le Droit de la Paix, by M. Descamps.
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