TRADITION
PRINCIPALLY WITH REFERENCE TO
MYTHOLOGY AND THE LAW OF NATIONS.
CHAPTER I.
THE LAW OF NATIONS.
The increasing number of essays, pamphlets, works, and reviews of works on speculative subjects, with which the literature of England at present teems, compels the conclusion that the public mind has been greatly unsettled or strangely transformed since the days when John Bull was the plain matter-of-fact old gentleman that Washington Irving pleasantly described him.
Remembering the many sterling and noble qualities whimsically associated with this practical turn of mind, it will be felt by many to be a change for the worse. But if old English convictions, maxims, and ways of thought have lost their meaning; if in fine it is true that the mind of England has become unsettled, it says much for the practical good sense of Englishmen that they should have overcome their natural repugnances, and should so earnestly turn to the discussion of these questions, not indeed with the true zest for speculation, but in the practical conviction that it is in this arena that the battle of the Constitution must be fought.
There is, as it has been truly observed,[6] “an instinctive feeling that any speculation which affects this” (the speculation in question being the effect of the Darwinian theory on conscience), “must also affect, sooner or later, the practical principles and conduct of men in their daily lives. This naturally comes much closer to us than any question as to the comparative nearness of our kinship to the gorilla or the orang can be expected to do. No great modification of opinion takes place with respect to the moral faculties, which does not ultimately and in some degree modify the ethical practice and political working of the society in which it comes to prevail.”
There is perhaps no question which lies more at the root of political constitutions, and which must more directly determine the conduct of states in their relations to each other, than the question whether or not, or in what sense, there was such a thing as natural law, i.e. a law antecedent to the formation of individual political societies, and which is common to and binding on them all.
It may be worth while, therefore, to examine whether a stricter discrimination may not be made between things which are sometimes confounded, viz.:—The Law of Nations and International Law, natural law and the state of nature; and even if the attempt at discrimination should fail in exactitude, it may yet, by opening out fresh views, contribute light to minds of greater precision, who may thus be enabled to hit upon the exact truth.