The Collected Papers of John Westlake On Public International Law
The Collected Papers of John Westlake On Public International Law
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Now of the three elements at which we thus ultimately arrive, the nature of law is a question for philosophy, while the limits of the respective national authorities which enact laws, and any validity conceded in one country to the rights which have arisen by the law of another, must depend on the express or tacit agreement of nations. The philosophical question need not detain us long. For whatever laws there may be which are not commands, and in whatever sense the name of law may belong to th...em, no one can doubt that, in this age, in which the judicial and legislative powers are distinct, it is only with such laws as are commands that forensic practice is concerned. In what follows, I propose briefly to inquire how far the current principles on the conflict of laws can be connected with the views now generally 298 PUBLIC AND PRIVATE INTERNATIONAL LAW received on the limits of national authority, premising that in forming a practical system of private inter- national law, any principles will have to be carried out in no intractable spirit of pure theory, but with a careful adaptation to the thousand circumstances which so richly diversify our modern life 1 .
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To quickly assess the difficulty of the text, read a short excerpt:
Now of the three elements at which we thus ultimately arrive, the nature of law is a question for philosophy, while the limits of the respective national authorities which enact laws, and any validity conceded in one country to the rights which have arisen by the law of another, must depend on the express or tacit agreement of nations. The philosophical question need not detain us long. For whatever laws there may be which are not commands, and in whatever sense the name of law may belong to th...em, no one can doubt that, in this age, in which the judicial and legislative powers are distinct, it is only with such laws as are commands that forensic practice is concerned. In what follows, I propose briefly to inquire how far the current principles on the conflict of laws can be connected with the views now generally 298 PUBLIC AND PRIVATE INTERNATIONAL LAW received on the limits of national authority, premising that in forming a practical system of private inter- national law, any principles will have to be carried out in no intractable spirit of pure theory, but with a careful adaptation to the thousand circumstances which so richly diversify our modern life 1 .
What to read after The Collected Papers of John Westlake On Public International Law?
You can find similar books in the "Read Also" column, or choose other free books by John Westlake to read onlineMoreLess
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