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TABLE OF CONTENTS,
ABOLITION NOT IMPOSSIBLE, SINOE-
1. Private Wars, judicial combat, and duelling have dis-
2. War itself has undergone a sweeping change of cha-
3. The progress of civilization is antagonistic to War.
4. Economic facts, newly recognised, are against it
5. Public sentiment is increasingly influenced by-
(1) Diffusion of education, especially as to social and
(2) The Press, which, through its War Correspondents,
(3) Growth of liberal principles .
+ (4) Philosophical theories antagonistic to War
to (5) Religious principles antagonistic to War
(6) Habits of International co-operation and asso-
1. Internal development of any State outgrowing its
2. Peculiar mutual sensibilities of States
5. Defective state of International Morality
SECTION I. Of the nature and possibility of political and
SECTION II. Of Intervention, and Non-Intervention . 139
SECTION III. Of Mediation and Arbitration .
SECTION IV. Of Treaties, and especially Treaties of Peace
SECTION V. Of Great and Small States; and of the Equi.
SECTION VI. of the Neutralisation of States, Seas, and
SECTION VII. Of Standing Armies
SECTION VIII. Of International Conferences and Congresses. 262
OF THE CHARACTER OF MODERN WARS AND THE POSSIBILITY
OF PERMANENT PEACE.
IF the International Lawyer confines himself Eunction of the to his own proper task, and does not usurp the functions of the International legislator, of the moralist, or of the philanthropist, he is only concerned with War as a means, however violent and irregular, for the support of legal rights, or with the restrictions which civilisation has introduced into the exercise of what are some. times called the extreme rights of War. He is called upon only to register and expound the practical rules, based upon the tacit or express consent of nations and conformable to the dictates of abstract justice, so far as these can be ascertained, and he is not entitled to impair the simple treatment of a subject, engrossing enough in itself, by speculations on a remote future, or even by benevolently suggested reforms for the immediate present.
Not, indeed, that the writers of text-books on International Law have generally exer
Its limits not suficiently observed,
cised the self-restraint here commended. On the contrary, they have all but universally assumed the character of legislators as well as lawyers. Nor have they even confined themselves to the moderate course of hinting at what, in their opinion, the law ought to be, while explaining what it actually is. Their views of what the law is, have been largely coloured by what they have wished the law to be, and, too often, by what they have conceived the interests of their own States demanded it should be. Some writers, indeed, by publishing Codes of International Law, have combined inextricably together the treatment of the law as it is, and that of the law as, in their opinion, it ought to be. They have given definiteness and precision to principles which are, as yet, of most fluctuating authority, and are only creeping on towards general recognition. They have imparted clearness and simplicity to rules, the true import and circumscription of which can only be understood by laying side by side a long series of treaties, despatches, judicial decisions, and desultory utterances of eminent statesmen.. They have everywhere substituted order for disorder, the rule of right for that of might, and the claims of humanity for the traditional assumptions of egotistic self-interest.
But, though the motives of these philanthropic