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The Growth of World Law

The Growth of World Law

Copyright Date: 1971
Pages: 230
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  • Book Info
    The Growth of World Law
    Book Description:

    The Growth of World Lawtells the story of the achievements that constitute an historic trend in the half century since the inauguration of the League of Nations, and documents transition from international law regulating conduct among states to world law for mankind: law transcending states and equally applicable to individuals, corporations, international organizations, and states.

    Originally published in 1971.

    ThePrinceton Legacy Libraryuses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

    eISBN: 978-1-4008-6789-9
    Subjects: Law, Political Science

Table of Contents

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  1. Front Matter
    (pp. i-vi)
  2. Table of Contents
    (pp. vii-viii)
    (pp. ix-x)
    Percy E. Corbett
    (pp. xi-2)
    (pp. 3-6)

    This book is a study of the development of legal institutions transcending the state and constituting the still weak framework of a community embracing humanity as a whole. Beginning with a brief discussion of the general principles and structures by which men have sought to achieve order and justice, it surveys the long effort to construct a system to govern the conduct of states as distinct entities. Then, after exploring areas of international activity where practice is still anarchic, it goes on to examine, in succession, the move in the last half century to strengthen the international normative order with...

    (pp. 7-32)

    Though clearly essential to the organization, operation, and progressive development of community, law cannot create it.¹ The indispensable beginning is a sense, however unreasoned and inarticulate, of common interest. Law registers and consolidates the degree of community achieved in commands, prohibitions, and organization that express the general feeling as to how members of the community should behave, and what should be done in case of violation. Primitive societies abound in such imperatives, some the product of custom, some ascribed to divine command, some enacted by conscious decision.² Wherever their violation may be followed by penalties approved by the community, there...

    (pp. 33-46)

    The international law that is invoked in the relations of all states today got its systematic formulation largely in Europe. Patterns of practice relating to such matters as the beginning and conduct of hostilities, embassies, treaties, and maritime commerce had been inherited from remote ages and regions. A flood of European juristic Uterature beginning in the sixteenth century poured into this nucleus ingredients from the Roman civil-law texts and from natural law, blending the mixture with an infusion of legal theory and strengthening it with legendary or historical episodes in the relations of princes.

    The body of juristic materials so...

    (pp. 47-88)

    In the last thirty years the study and the development of international law have been enriched by the new and intensive analysis of international relations. Whether or not the recent prominence of this study justifies its classification as a distinct discipline, there is no doubt that it has focused upon the interaction of states some of the best talent in psychology, sociology, anthropology, political science, and jurisprudence. This has meant research in depth into human conduct as it is affected by political, social, and economic organization, into the causes and resolution of conflict, into the bases and operation of power,...

    (pp. 89-116)

    For purposes of combat, the state is an ideal organization. Power and myth made it a formidable instrument, whether wielded by divine-right monarch or by popularly elected government.¹ Never merely the device by which a dominant class controlled and exploited its inferiors, as Marxist dogma would have it, the state could count upon a spontaneous tendency to patriotism. There was always the in-group feeling, the contempt, suspicion, or fear of the stranger, the sense of security and superiority derived from belonging. The humblest had privileges not granted to aliens. Nor was social mobility ever quite absent. The freedman might rise...

    (pp. 117-152)

    The Organization of American States Supranational organization on a regional scale has become very much the fashion since the end of the Second World War in 1945. Until that time, the only intergovernmental regional association with a general program of security and welfare was the Union of American Republics. With the Pan-American Union in Washington as its central secretariat and administrative office, and specialized agencies quartered in various American capitals, the Union of American Republics had a panoply of overlapping conferences, congresses, councils, committees, bureaus, and institutes skirmishing with problems of security, the pacific settlement of disputes, commercial, industrial and...

    (pp. 153-174)

    We have seen¹ how, in the early formulation of the law of nations, war was the center of attention, the norms for peaceful relations being primarily a statement of the rights and duties nonobservance of which justified recourse to war. In the same context we saw how, even up to 1914, the great “lawmaking” conferences, including the “Peace Conferences” of 1899 and 1907, were predominantly con cerned with clarifying and augmenting the laws of war and neutrality. The war of 1914–1918, we observed, brought in its train a change of emphasis, the great object thenceforth being, not the mitigation...

    (pp. 175-200)

    In the last two decades there has been a great outpouring of literature presenting new theories of international law and relations and new approaches to their study. The new directions are apparent in the legal literature of many countries, but the output has been particularly voluminous in the United States, where an elaborate organization of research, operating with immense academic energy, has been dedicated to the enterprise.

    Despite some unnecessary obscurity and prolixity of style, the substantive quality of this work has been high. Already an important measure of new understanding of the complex processes of international decision-making has been...

    (pp. 201-206)

    No government today openly avows the Hegelian doctrine that the state is the final achievement of man’s political genius and that its very nature prohibits its subjection to law. Governments commonly include individuals who would welcome a supranational integration strong enough to maintain peace and ensure the shared economic development that has come to be regarded as a condition of human survival. Even those leaders who privately dismiss projects of effective world organization as illusory rarely take the negative position in public. They find it useful to encourage the hope that through some vague arrangements supported by mutual understanding and...

  14. INDEX
    (pp. 207-216)