lation in which the Soul, as original motive power, stands to Reason in the human Mind, and thus to the motives of our actions. This may furnish the clue to the fountain-source of many causes, which are only discernible in their effects, but remain unexplained by the mute facts of History. When we attribute to this motive power the relation we feel must exist between these effects and the fountain-source of their causes, between the phenomenon and its inherent factor, or, to comprehend all in well-known terms, between historical and philosophical data, we should surely not expect to satisfy Empirical Science; but neither are we sinning against any of its demonstrations, by attributing this onward strife of Society, this incessant progressive evolution of civilization, which plainly shows an inherent action of the human Mind, to the influence of the Soul, for the Moral Law of Nature, the Law of the Good, is also the Law of Society. This cannot be otherwise, for the Moral Law of Nature consists not only in the dictates of Justice, but is the perfect harmony of both elements of Righteousness, as imparted to our Nature; of which Justice, as expressed by the Law of Conscience, is but one element, the other being Benevolence, which, as we have noted before (§2), takes into account the frailty of human nature, tempering the stern sense of Justice in proportion to the actual tottering pace of Society, and promoting its gradual development and the sure progress of the human race towards the Good, for virtue without charity does not exist. * The omission of taking into account this mitigating element of the Moral Law of Nature, "Though I speak with the tongues of men and of angels and have not charity, I am become as sounding brass or a tinkling cymbal." St. Paul. I Cor. XIII. 1, which makes Justice applicable to the natural state of human Society, so that, of the two elements forming the Popular Conscience, called the Spirit of Law, one always qualifies the other, or in other words, the mistaking of the fluctuating Spirit of Law for the immutable Moral Law, seems to be the cause of the difference which exists between the Philosophy of Law and the Historical School. When contemplating history in the different aspects of that social evolution, which civilization has undergone through the working of the Soul on the individual mind and which is exhibited in the written laws of the different epochs of civilization, we may well exclaim with a recent writer of the Historical School, "l'évolution progressive du Droit n'a jamais subi de temps d'arrêt et depuis sa première manifestation inconsciente sortie de l'instinct populaire, jusqu'a son riche épanouissement fécondé par les travaux des savants, le droit s'est développé comme la vie même, comme une force inhérente à l'humanité." "Et quel spectacle grandiose que d'assister ainsi à la formation lente du Droit, de le voir émerger du travail latent de la conscience populaire, surgissant pour répondre aux nécessités sociales et constituant peu à peu l'individualité nationale."* This is the action of the Popular Conscience, which, as Spirit of Law, is permanently at work in conformity with the Law of Conscience, to find the minimum of individual sacrifice which would produce the maximum of public welfare. It is the combined effect in the human mind of both elements of the Moral Law of Nature, the perfect harmony of which constitutes the Good. "La Philosophie du Droit et l'Ecole Historique." Leçon d'ouverture du cours de Droit Naturel, par Mr. ADOLPHE PRINS, Professeur à l'Université de Bruxelles. Révue de Droit International. Tome XIV. 1882, No. 6. p. 565. But when this harmony is broken, the cheerful prospect is converted into the mournful contemplation of a retreat on the road to civilization, for then the moral combination and strength of the individual mind is broken, and, the mind. gradually becoming distorted and polluted by passions, by prejudices or selfish motives, personal morality is impaired. Where this is the case as regards the leading faculty of a Nation, there the national standard of morals is degenerating, civilization is coming to a standstill and civil liberty and national prosperity decline. When the moral principles of a Nation are corrupt, its international conduct becomes untrustworthy and vile, and the Nation, having sinned against itself, is ready for any act of injustice towards its neighbours and in spite of any temporary aggrandisement, effected through violation of the principles of justice and humanity towards its weaker neighbours, the decay of the unsound State is irrevocably decreed by the Moral Law of Nature, as proved by all recorded facts of History. Thus the Moral Law of Nature, which has its agent in the Popular Conscience and its Logic in Common Sense, manifests its influence, not merely as regards the individual progress of the Nation or State, but also in the dealings of Nation with Nation; for it represents in the human Mind the elements of the law as laid down. in the divine commandment, "Do unto others as thou wishest to be done unto thyself," which is the only true principle of utility, and the loyal rule for the combination of self-interest with general welfare. RITTIEZ. Science des Droits, Causes de desordre, Faits Politiques, p. 290-293. VICTOR COUSIN. Philosophie Moderne. 1846. "Du bien et du mal moral." Vol. I, p. 337-343. ORTOLAN Regl. Intern. et Diplomatie de la Mer. Edit. 1864. Vol. I, p. 63. Origin of States. CHAPTER III. INTERNATIONAL LAW AND ITS JURISPRUDENCE. §16. Social life is, as stated at the beginning, litical Nationality the natural consequence of the human organism, for man does not exist in an isolated state, as long as natural causes have free play. By virtue of the intellectual faculties and the sensibility of his mind, man is essentially a social being, and he is always bound to be so, whatever may be the nature of his associations, which vary in conformity with the special circumstances affecting his development and modify the degree of civilization to which he actually attains. This is the natural origin of societies or aggregates of human beings, which are called Nations or States, the reciprocal moral and material or political relations of which form part of the subject matter of International Law, as will be explained hereafter. Groups of the same race, identical in origin, and having common usages, languages, or idioms, and common moral aptitudes, are called Peoples or Nations, when designated from a natural historical or philological point of view, and constitute the Ethnographical or Natural Nationality. When political individuality is ascribed to a people, as subject to Law, it is called a State; which designation refers to the people as Bodypolitic, possessing a common government, common laws, common internal and external powers, civil and political, and common interests, in all matters affecting the Political Nationality. Different Nations can, by their common consent, be united into one State; in which case all the individuals composing the State have the same political nationality, though they may differ greatly from an ethnographical point of view. A nation can also be divided into several States with as many different political nationalities; and different States may form a Union of States, in which all the individuals composing these States have one and the same political nationality defined by the Union. the Political States as Persons Law. For the recognition of a State as such, that is, Conditions for as a community having political individuality, Individuality of certain conditions are indispensable. These are of International that the community, claiming recognition as a State and all the rights and duties attached to such a status viewed from the stand-point of International Law, must be an organised Body-politic, which should consist of individuals who do not belong or owe allegiance to any other State, and which should not be incorporated by virtue of any outside authority, concession, grant or charter, but definitively established on its own defined territory with its own government and legislation, possessing also the means and ability to maintain its integrity. Without these conditions, the fulfilment of which constitutes the State as a member of the family of States, whose mutual relations form the subject of International Law, no society or aggregate of human beings can be denominated a State or admitted on equal terms to international relationship with existing States. Thus, for instance, chartered Trading or Colonization Companies, though having their own government and administration, and uncontrolled management of their affairs on their own extended territorial property, cannot have international relation with any foreign Government |