There is at the present time a growing good intention to put an end to wars by international conciliation and arbitration; in short, to substitute law for war. We must, however, keep strongly in mind the interdependence of law and force, and the consequent interdependence of international law and armaments. Conciliation must not be confounded with arbitration, and persuasion must not be confounded with law.
Law has been aptly designated "codified custom." Actually, law is an attempt to construct experience into prophecy. We are able to judge of the sufficiency of new laws only by the sufficiency of laws in past practice.
The error is very common, to confound as having the same meaning terms of quite opposite meanings—for example, it is a very common error to confound society with government, and civilization with enlightenment. Society is an order of things by virtue of which we are able to co-operate with one another and to enjoy mutuality of possessions which gives them their only value; while government is an order of things for the purpose of protecting society.
The world has arrived at great enlightenment, and has attained some degree of civilization. Self-interest is becoming more and more altruistic, and altruism is becoming more and more profitable. We are not so barbarous as we used to be, but we still slaughter one another to adjust international differences. This cannot be esteemed civil procedure. Enlightenment may be very uncivil, and civility may not be enlightenment.
The great problem yet remains of uniting under practical laws the nations of the earth into a family of nations.
This is not a work for dreamers or sentimentalists; but is purely a business proposition, which can be effected only to the extent that the best interests of all the contracting parties are thereby secured.
When will arbitration be able to realize the Utopian dreams of the pacifists? General Homer Lea answers the question once for all in the following expressive terms:
"Only when arbitration is able to unravel the tangled skein of crime and hypocrisy among individuals can it be extended to communities and nations. Thence will International Arbitration come of its own accord as the natural outgrowth of national evolution through the individual. As nations are only man in the aggregate, they are the aggregate of his crimes and deception and depravity, and so long as these constitute the basis of individual impulse, so long will they control the acts of nations.
"When, therefore, the merchant arbitrates with the customer he is about to cheat; when trusts arbitrate with the people they are about to fleece; when the bulls and bears arbitrate with the lambs they are about to shear; when the thief arbitrates with the man he is about to rob, or the murderer with his victim, and so on throughout the category of crime, then will communities be able to dispense with laws, and international thievery and deception, shearing and murder, resort to arbitration."