Tradition, Principally with Reference to Mythology and the Law of NationsArundell of Wardour, John Francis Arundell, Baron
Philosophy
Tradition, Principally with Reference to Mythology and the Law of Nations
Arundell of Wardour, John Francis Arundell, Baron
International law; Macdonell, George, 1780-1870; Mythology; Natural law; Tradition (Theology)
There is, as it has been truly observed,[6] "an instinctive feeling
that any speculation which affects this" (the speculation in
question being the effect of the Darwinian theory on conscience),
"must also affect, sooner or later, the practical principles and
conduct of men in their daily lives. This naturally comes much
closer to us than any question as to the comparative nearness of
our kinship to the gorilla or the orang can be expected to do. _No
great modification of opinion takes place with respect to the moral
faculties, which does not ultimately and in some degree modify the
ethical practice and political working of the society in which it
comes to prevail._"
[6] _Pall Mall Gazette_, April 12, 1871; article, "Mr Darwin on
Conscience."
There is perhaps no question which lies more at the root of political
constitutions, and which must more directly determine the conduct of
states in their relations to each other, than the question whether or
not, or in what sense, there was such a thing as natural law, _i.e._ a
law antecedent to the formation of individual political societies, and
which is common to and binding on them all.
It may be worth while, therefore, to examine whether a stricter
discrimination may not be made between things which are sometimes
confounded, viz.:--The Law of Nations and International Law, natural
law and the state of nature; and even if the attempt at discrimination
should fail in exactitude, it may yet, by opening out fresh views,
contribute light to minds of greater precision, who may thus be enabled
to hit upon the exact truth.
This view was partially exposed in an article which was inserted in
the _Tablet_, September 28, 1861,[7] entitled "International Law and
the Law of Nations," and, all things considered, I do not think that I
can better consult the interests of my readers, than by reproducing an
extract from it here, as a convenient basis of operation from which to
advance into a somewhat unexplored country:--
"It has been the fashion since Bentham's[8] time, to substitute
the phrase 'International Law' for the 'Law of Nations,' as if
they were convertible terms. The substitution, however, covers a
distinction sufficiently important.
Public-domain text, read in full here on John Shaqi.
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