to grasp the nettle. In his words the
true position is quite clearly set forth. If Inter-State Law is to become
a reality we must "be sure to go far enough." There is no half-way house
between Law and no Law, between Government and no Government, between
Responsibility and no Responsibility. If the new Concert is to be effective
it must be able to compel the submission of all "awkward problems" and
causes of quarrel to its permanent Tribunal at the Hague or elsewhere; and
it must be able to enforce the decision of its tribunal, employing for
the purpose, if necessary, the armed forces of the signatory Powers as an
international police. "Out-voted minorities must accustom themselves to
giving way." It is a bland and easy phrase; but it involves the whole
question of world-government. "Men must accustom themselves not to demand
an eye for an eye and a tooth for a tooth," the earliest law-givers might
have said, when the State first intervened between individuals to make
itself responsible for public order. Peace between the Powers, as between
individuals, is, no doubt, a habit to which cantankerous Powers "must
accustom themselves." But they will be sure to do so if there is a Law,
armed with the force to be their schoolmaster towards peaceable habits. In
other words, they will do so because they have surrendered one of the most
vital elements in the independent life of a State--the right of conducting
its own policy--to the jurisdiction of a higher Power. An Inter-State
Concert, with a Judiciary of its own and an Army and Navy under its own
orders, is, in fact, not an Inter-State Concert at all; it is a new State:
it is, in fact, the World-State. There is no middle course between Law and
no Law: and the essence of Statehood, as we have seen, is a Common Law.
Will this new State have the other attributes of Government--a Common
Legislature and a Common Executive--as well as a Common Judiciary? Let us
go back to Professor Murray's words. He speaks of "outvoted minorities."
Let us suppose the refractory country to be Great Britain, outvoted on some
question relating to sea-power. Of whom will the outvoted minority consist?
Of the British members on the "Common Council" of the Concert. But the
question at once arises, what are the credentials of these British members?
Whom do they represent? To whom are they responsible? If they are the
representatives of the British people and responsible to the democracy
which sent them, ho
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