Page:Whymenfightameth00russuoft.djvu/79

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THE STATE
67

by the legal maxims which would be applied by the Hague tribunal, but as far as possible in the same sense in which they would be decided by war. The function of authority should be to render the appeal to force unnecessary, not to give decisions contrary to those which would be reached by force.

This view may be thought by some to be immoral. It may be said that the object of civilization should be to secure justice, not to give the victory to the strong. But when this antithesis is allowed to pass, it is forgotten that love of justice may itself set force in motion. A Legislature which wishes to decide an issue in the same way as it would be decided if there were an appeal to force will necessarily take account of justice, provided justice is so flagrantly on one side that disinterested parties are willing to take up the quarrel. If a strong man assaults a weak man in the streets of London, the balance of force is on the side of the weak man, because, even if the police did not appear, casual passers-by would step in to defend him. It is sheer cant to speak of a contest of might against right, and at the same time to hope for a victory of the right. If the contest is really between might and right, that means