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
In the growth of systems of “National Law”[T] there has been evolved
from small beginnings an ever-widening jurisdiction. Impartial courts
have inspired confidence which stimulated individuals to seek their
aid, and this has reacted to extend their jurisdiction, until now the
most intimate and complex relations between individuals, at one time
wholly without their sphere, are in these days submitted as a matter
of course to judicial settlement. Even questions of individual honor
are settled according to the well-developed principles of libel and
slander which were once considered as requiring a duel for their
satisfaction.
[T] In contradistinction to “International Law.”
A similar growth may be expected in the jurisdiction of the
international tribunal. Upon the reputation which it shall succeed
in establishing for impartiality, freedom from race and national
prejudices, regard for broad principles of law and equity, and the
thoroughness and ability with which it shall discharge its high duties
within its present sphere, will largely depend the extent to which an
advancing public opinion will enlarge its jurisdiction until it shall
embrace various classes of questions now declared non-arbitrable. No
detailed classification, however, can be thought of; each difficulty as
it arises must be determined in view of the surrounding circumstances
with due regard to the growing public feeling in favor of judicial
settlement. Under the system of voluntary arbitration there is abundant
room for growth, for the _onus_ will be thrown on each contending state
to square its conduct with that growing feeling in favor of arbitration
which it will become more and more difficult to ignore. In every
country the growth of law and the extension of the jurisdiction of the
courts which administered it have been concurrent; the same rule must
govern in the field of international law.
There are vast fields at present untouched by the law of nations.
The discovery of the New World threw the jurists of that day into
bewilderment as to how rights in the American continents might be
acquired and established. A period of doubt and dispute ensued, until
finally Grotius, by applying certain rules of Roman law regarding the
acquirement of rights by individuals through purchase, possession,
etc., and by inventing certain other rules, helped to supply a legal
foundation upon which the acquisition of these territories could be
regulated. Looking toward the future, one can see that, since there
are no more continents to be discovered and the habitable parts of
the earth have been already taken possession of by the colonial
pioneer, the great principle of the survival of the fittest must
henceforth mainly work itself out in competitions confined to the
existing territories of the various powers. This will necessitate the
consideration of some deep questions concerning the life and death of
nations and the heirship to their dominions.[U]
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