than satisfied if I have succeeded in placing before students of political science a clear and readable outline of one of the most important branches of their subject. The book is divided into four parts. The first deals with the nature and history of International Law, and in the order of thought precedes the others, which set forth the rules observed among states during peace, war and neutrality. But nevertheless it will be wise to leave a careful study of the questions discussed in the first three chapters till the rest of the work has been mastered. Some knowledge of the usages of international society is necessary before the student is in a position to appreciate the tendencies of opposing schools of thought among publicists. Nor need any inconvenience arise from this mode of procedure; for nothing is easier than to turn back at the end of a book and read again with an educated eye the early pages, whose discussions on definition and method puzzled the mind not yet familiar with the subject of which they treat. I have striven throughout to avoid unnecessary controversy. When I have been obliged to wrestle with philosophical problems or historical puzzles, I have endeavored to avoid the reproach of mistaking obscurity for profundity. But on the other hand I have recognized that difficulties are not overcome when they are shirked, and my aim has always been to bring to bear upon them the best resources at my disposal. If I have failed, the fault is due, not to inability to see the mark, but to lack of power to hit it. In a work written in English, and intended in the main for British and American readers, it is natural that most of the cases should be taken from British and American history. I have so taken mine of set purpose. The more the two great English-speaking peoples know of each other the better friends they will be; and on their friendly co-operation de pend the fairest hopes for the future of humanity. No one who has taught, as I have taught, on both sides of the Atlantic, can have failed to notice that the influence of old controversies and misunderstandings has not entirely passed away, even among the educated classes. I have approached these questions with a sincere desire to show to each side the strength of the other's case and deal out impartial justice on every occasion. If I have ever inclined the balance too much in favor of my own country, the error is that of one who, were he not an Englishman, would ask no better fate than to be an American. The story I have to tell will be found in the text. I have not relegated important matter to notes, nor printed on my pages long quotations from other authors or excerpts from original authorities. I have preferred the much more laborious task of extracting their substance and putting it in my own words into the body of the book, which I trust has gained thereby in both decrease of bulk and increase of readableness. But I have taken care to provide the means of checking my assertions. At the bottom of nearly every page will be found references, by the use of which teachers and students can amplify or correct the statements in the text and men of affairs obtain the more detailed information they may want for practical purposes. The notes are, I hope, sufficient. My object has been to make them adequate without overloading them with matter. I have not, for instance, referred to a large number of writers of all degrees of authority, when the citation of a few great ones gave the necessary support to my argument; nor have I quoted a dozen cases, when one or two were enough. I have also taken care that most of the cases given in the text should be something more than mere names to my readers. The material facts are almost always described, so that the points of law may be seen in relation to the actual circumstances which were before the courts. The table of contents has been so arranged as to afford an analysis of the whole book. The writer of every new work on International Law is the debtor of all who have gone before him in his particular sphere. His best acknowledgments are to be found in his references and quotations. The extent of my own obligations to others may be roughly measured by the frequency with which their names occur in my notes; but I cannot refrain from making special mention of two. I have been helped at every turn by the robust judgment and incisive arguments of Mr. R. H. Dana, and the judicial reasoning and encyclopedic knowledge of Mr. W. E. Hall. Both have joined the majority, not indeed too soon for fame, but too soon for the expectations of those who profited by their labors. Mr. Hall was taken from us in the zenith of his powers, and Mr. Dana had collected the materials for what I venture to think would have been the best of all books on International Law, had he lived to write it. To the memory of both I offer my humble tribute of reverence and admiration. July 24, 1895. T. J. LAWRENCE. PREFACE TO THE THIRD EDITION. Foot-notes have been added and alterations made in the text in order to bring the book abreast of events. But it was found impossible to deal with several important matters in this way; and they have therefore been relegated to an Appendix, references to which are given where the text deals with the same or cognate matters. For instance, a reference to Section II. of the Appendix will be found on page 135, which ends the discussion of Intervention in the text; and this section contains an account of the recent interven tions of the United States in Cuba, and Great Britain in the Transvaal. T. J. LAWRENCE. GIRTON RECTORY, CAMBRIDGE, ENGLAND, August 1, 1900. 1. The definition of International Law. Difficulty of making it per- Its principles are rules, whether they are or are not laws It is generally observed by states, though here and there some It includes the rules of maritime capture, but not the rules THE NATURE OF INTERNATIONAL LAW. 8. The two problems: - (a) Is International Law really law? (b) Are its precepts derived from intuition or experience ? . He lays stress upon one element only in a complex conception A definition can be made turning upon the idea of order in- stead of the idea of force, and if this is done International 20 Many writers confuse the ethical and the historical method States appeal in their controversies to usage and precedent 19 Such appeals show the historical method to be correct This conclusion strengthened by the absence of general agree- The place of ethical considerations in International Law Summary of the results of the two inquiries undertaken in this 21. I. In the First Period from the earliest times to the Roman II. In the Second Period - from the Roman Empire to the Refor- mation it was deemed that the relations of states must be regulated by a common superior. The Emperor was such a superior while the Empire remained all-powerful. Importance of the conception of territorial sovereignty Cruelty of the usages of war. Growth of maritime codes 30. III. In the Third Period - from the Reformation to the present time the ruling principle is that there exists a society of 40 |