The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
13. International legislation and administration presuppose the
existence of law and order within the society of states, and this latter
topic must therefore be treated before the former. International law has
been called 'anarchic law' on the ground that hitherto the society of
states has not been organized and that it must ever remain unorganized
on account of the complete sovereignty of its members. It seems to me
that this position is untenable. The idea of anarchy forms a contrast to
that of law. Law can as little be anarchic as anarchy can be an
institute of law. The conception of the one excludes the other. He who
cannot conceive of law apart from a superior power enforcing it on its
subjects, may perhaps call the international society of states anarchic,
but then he will also have to contest the existence of an international
law, and, logically, he should also deny the possibility of the
existence of an international society.
[Sidenote: All law is order.]
14. He, however, who identifies law and order, and who, whenever he
finds in any society rules making their appearance which are conceived
as compulsory for the conduct of its members, speaks of law--in contrast
to morality, the observance of which is left to the conscience of the
members--will also be able to speak of law in a society where there is
no relation of superior and subject, provided only that the relation
between the members is regulated in an ordered manner. That the
international society of states is orderly regulated after this wise
will be denied by no one who looks at it without prejudice, and who
does not confuse order in a society with order of such a kind as is
maintained by special organs of the society in question.
[Sidenote: The family of nations is a society ruled by law although it
does not as yet possess special organs.]
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