The Future of International Law

The Future of International Law

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The Future of International Law by Lassa Oppenheim

Published:

1911

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The Future of International Law

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Book Excerpt

sage, habit, religion, morality, the nature of the thing, tradition, reason, the examples of single individuals, and many other factors, contribute the material out of which the requisite rules of law are built up. Where a strong central authority busies itself, year in year out, with legislation, expressly enacted law naturally takes the foremost place, and customary law makes itself felt to a less and less degree. But where such a strong central authority does not exist or does not busy itself with continuous legislation, then the above-named factors exercise a more direct influence upon the development of law, should there arise in actual life an imperious demand for definite rules of law. The theory of natural law was only the mirror held up by legal philosophy, in which the rays emitted by these factors were focused into a homogeneous image.

[Sidenote: Positive international law.]

5. That, by the side of his international law, with its basis in natural law, there was also a positive interna

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