The Binding Force of International Law Inaugural Lecture in International Law a
The Binding Force of International Law Inaugural Lecture in International Law a
A Pearce Alexander Pearce Higgins
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There is a splendid passage in Sir James Fitzjames Stephen's Liberty, Equality and Fraternity, which Sir Henry Maine quotes in this connection. " The sources of religion lie hid from us. All that we know is, that now and again in the course of ages some one sets to music the tune which is haunting millions of ears. It is caught up here and there, and repeated till the chorus is thundered out by a body of singers able to drown all discords and to force the vast unmusical mass to listen to them. ...Such results as these come not by observation, but when they do come they carry away as with a flood and hurry in their own direction, all the laws and customs of those whom they affect. " Maine then goes on to say that what is here said of religion is in a sense true of morality. That moral ideas tend sooner or later to produce a set of legal rules. International Law was founded on morality under the form of a supposed law of Nature INTERNATIONAL LAW 27 and was received with enthusiasm 9 . It has extended from the Christian nations among whom it originated to others whose systems of morals and religions had a different basis, and to-day the causes for its original accept- ance are not infrequently lost sight of.
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