The tendency towards the enactment of man made statutes has magnified the
“municipal Law,” until it is in the way of becoming the only law, and
as it overshadows, then the principles of the moral law and the law of
nature gradually are dwarfed, and become atrophied. The law of commerce
is the “municipal law”; and as the commercial instinct becomes greater,
the municipal law becomes the prevailing law. Statutory law takes the
place of “common law.” Ethics are replaced by written inhibitions. The
moral law becomes evanescent; men consult the revised codes to find the
boundaries of that search for happiness, instead of consulting their
inner consciousness.
It follows that there is left no such law as “international law,” for
there are no statutes to bind nations and no supreme power to enforce
a rule of conduct, and the ethics of natural law are not a world
restraining force.
The evil of statutory law—necessary as it is—lies in the fact that man
becomes prone to look to the numerous volumes to find a guidance of
conduct. Nations are formed of members of society. If the units of the
nations have become trained to look to the statutes for the control of
actions, and feel at liberty to do those things which are not forbidden
therein, they, as part of the nation, will refuse to be guided in their
relationship with other nations by anything except their personal
inclinations; moral ethics as a rule of conduct having disappeared.
Instead of the restraint of respect and love a new controlling sense is
established, that of fear.
A court is created as a means by which to administer justice. Without the
power to compel the observance of its decrees a court is but a comedy.
If there be no supreme power, there can be no supreme court. For without
a supreme power there can be no way of establishing a responsible force
having vested in it the duty of compelling the observance of the decrees
of a supreme tribunal.
If a Supreme Court of International Justice be established and there be
created an international force to enforce the decrees thereof, the units
of that force will be responsible to the nations from whom they are
taken, and not to the Supreme Court, unless that Supreme Court become
more than a judicial body; it must become also a supreme administrative
body of the United States of the World. Enforcement of a decree is
impossible unless there is unity of force back of it. If a majority
be relied upon, then the majority may be found to change. Government
can only prevail when the opinion of the majority becomes the accepted
doctrine of the whole. Otherwise revolution.
The Supreme Court of International Justice, to be of practical use, must
pass from its position of Supreme Court to Supreme Controlling body. An
utopian dream, which may in the generations to come be a reality. But not
for generations.
Public-domain text, read in full here on John Shaqi.
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