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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: THE INTERNATIONAL JOURNAL OF ETHICS JANUARY, 1916. THE FORCE OF PRECEDENTS IN INTER- NATIONAL LAW. JAMES PARKER HALL. MANY persons, the incidents of the present war doubtless demonstrate the complete breakdown of international law as a system of rules binding belligerents against their wills in any important particulars. To such persons any argument to the contrary may seem only an exhibition of audacious casuistry unworthy of serious attention; and perhaps the more conversant such persons may be with the minutiae of the subject the more likely they are to hold this opinion. Nevertheless, I venture to think that so pessimistic a view arises rather from some misunderstanding of the true function of precedents and usages in the making of law than from any actual and widespread scrapping of well-established principles. Let us waive any discussion of the nature or sanction of those rules of public international law which will not be enforced in the courts of a nation against the commands of its own municipal law or in opposition to its own military practices. Let us assume?what is of course very debatable?that such rules are to be treated by us really as law, on the same footing as the law of Illinois or of England, some parts of which may also be temporarily or even for long periods actually unenforced or unenforcible in the Vol. XXVI.?No. 2. 149 courts of certain localities (e.g., the criminal law against Sunday liquor-selling in Chicago, or against husband-killing over wider American areas). Now, whence come both the law of Illinois and these rules of international law just mentioned? Essentially they are derived from the same kind of sources. Modern Anglo-American municipal law1 is derived from five sources: legislation, custom, judicial precedent, pr...
| ISBN-13 | 9780217716888 |
|---|---|
| ISBN-10 | 0217716881 |
| Weight | 1.17 Pounds |
| Dimensions | 9.00 x 6.00 x 0.81 In |
| List Price | $28.20 |
| Format | Paperback |
|---|---|
| Pages | 362 pages |
| Publisher | |
| Published On | 2009-08-01 |
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