Page:The Green Bag (1889–1914), Volume 23.pdf/500

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464

The Green Bag

befitting the essayist. He has smoothed the current of his narrative and discus sion by a thorough working over of his materials, and if the educational value of a technical work depends upon its lucidity and attractiveness, this book

in its latest edition is an excellent ex ample of a popular text-book of the highest grade. The treatment adopted permits the

In international law, which is a system

depending for its validity on universal assent, “what is political is legal also if it is generally accepted and acted upon." A certain hegemony which seemed to be vested in eight great Powers by the procedure resulting in the Declaration of London may become definitely established. According to this

conception of inequality, all the nations

author considerable freedom in express

might be legally equal “in matters con

ing his opinions, not only with regard to disputed rules, but to the general trend of the times, and while Dr. Law rence's views may not command uni versal assent we believe that they will

nected with property, jurisdiction and

not be much objected to in America. He favors the abolition of some of the existing rules for the capture of private property at sea, and in this he will probably be upheld by the predominant sentiment in this country. In general, Dr. Holland is to be classed with the advocates of peaceable arbitration, and

with the opponents of those who con sider that the power of nations is founded on military or economic re sources, but he is never visionary, and

the views which he has inculcated in the minds of the students at the Royal Naval War College are thoroughly prac

tical. His acceptance of the important results of the Declaration of London is not precipitate, though the impending

ratification of the Declaration by the

diplomacy," yet inequal with respect to

rights collectively exercised. “It is only when they act collectively that they," meaning the great Powers, “P055655 a superintending authority not granted to any temporary alliance."

The outcome

of this tendency may be the develop ment of an international superintending organ analogous to the Concert Of Europe. This view should not be blindly opposed as undemocratic, but deserves

to be approached solely from the catho lic standpoint of world-politics. In fact.

it seems to us that the prevailing dog‘ matic insistence on the principle of equality, if carn'ed too far, may seriously obstruct the movement which aims at a closer international solidarity.

flict Professor of Laws, Dicey’s first treatise published on in the 1396’ Con’ the second edition of which is carefully revised, with additions drawn from im portant cases decided by British c011!’ts

leading Powers might have justified him

since the original publication of the

in going further. His conclusion that the United States has the right to fortify the canal is candid, and certainly does not

work, belongs to a difl'erent class from that of the foregoing productions, as 2*

show any pronounced anti-militarist bias.

One of the most interesting views expressed is that the nations may be

drifting toward a new conception of inequality. Dr. Lawrence takes issue with

Professor

Oppenheim's

opinion

that the legal equality and political in equality of nations may exist side by side.

scientific treatise of broader scope and more minute detail. The change of chief interest to American readers is

the omission of the notes of America" cases, due largely to the publication of Professor Beale's “Cases on the Conflict of Laws," a book which Professor Dicey declares “ought to be found in every law library."