Great Britain's Sea Policy: A Reply to an American Critic, reprinted from 'The Atlantic Monthly'Murray, Gilbert
History
Great Britain's Sea Policy: A Reply to an American Critic, reprinted from 'The Atlantic Monthly'
Murray, Gilbert
Bullard, Arthur, 1879-1925. Our relations with Great Britain; World War, 1914-1918 -- Blockades
But let us consider the particular enormities which England is supposed
to have committed. And let us be clear about the issue. I do not contend
that we have never stretched in our favour the vague body of unwritten
rules, based on conflicting precedents and unenforced by normal
sanctions, which is called international law. Every belligerent in every
war hitherto has done so; and that not always from national selfishness
alone. International law, apart from the fundamental misfortune of
having at present no sanction behind it, suffers from two great
weaknesses. It is not for the most part framed on clear principles, and
certainly has not been built up in times of peace by "calm thought and
discussion"; it has mostly been built up by precedents and protests and
compromises based on immediate pressure. In the second place, the body
of precedents is very scanty compared with the importance of the
interests involved. It is not like the English common law, so rich in
recorded precedents that almost any conceivable new complication between
litigant interests can be solved by analogy with some past judgment.
Every new war gives birth to new problems and complications which are
not covered by any precedents in previous wars, and have to be settled
by very imperfect analogies or by the violent stretching of some
previous rule. But the present war differs from all its predecessors to
a quite unusual degree, both because of its own vast scale and the new
methods of warfare it has introduced, and because the whole structure of
the world has been transformed since the last great body of available
precedents. What would be the condition of private commercial law at the
present day if it had nothing to go upon but one or two precedents in
1870, a few more from the time of the American Civil War, and a good
number between 1790 and 1815?
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account