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Law and Organization: Presidential Address the Eleventh Annual Meeting of the American Political Science Association

Published online by Cambridge University Press:  02 September 2013

John Bassett Moore
Affiliation:
Columbia University

Extract

Webster, as a prelude to his reply to Hayne, asked for the reading of the resolution before the Senate, in order that the mind of his hearers might be led back to the original and perhaps forgotten subject of the debate. Today we may well imitate his example, by recurring to fundamental principles. For five months we have stood in the presence of one of the most appalling wars in history, appalling not only because of its magnitude and destructiveness but also because of its frustration of hopes widely cherished that the progress of civilization had rendered an armed conflict between the leading powers of the world morally impossible. As a result we have since the outbreak of the great conflict been tossing about on the stormy sea of controversy, distrustful of our charts and guides, and assailed on every hand with cries of doubt and despair. We have been told that there is no such thing as international law; that, even if its existence be admitted, it is at most nothing but what superior force for the time being ordains; that international understandings, even when embodied in treaties, are practically worthless, being obligatory only so long as they may be conceived to subserve the interests or necessities of the moment; that the only security for the observance of international rules, general or conventional, is force, and that in force we must in the last analysis find our sole reliance.

Type
Research Article
Copyright
Copyright © American Political Science Association 1915

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References

1 Speech of the Duke of Wellington, Debate on Affairs in Ceylon, House of Lords, April 1, 1851, Hansard, 3d series, CXV. 880.

2 Queen vs. Keyn (1876), 13 Cox C. C. 403; 2 Ex. Div. 63.

3 The Paquete Habana (1900), 175 U. S. 677.

4 The Antelope, 10 Wheaton, 66, 122.

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