A. No, there are not several. It is the first edition. This book, at the time, was a sensational book for the science of international law in the whole world. It was the first book which systematically treated the questions which I am supposed to supply information about here today. And what Heinrich Triepel laid down at that time basically has been recognized in the entire science of international law and only after the First World War a certain lack of security in theory, not in practice, developed because the so-called “Vienna theory of law” [Wiener Rechtsschule] founded by Hans Kelsen, who was my predecessor in Cologne, and who is now teaching in the United States, with its so-called “pure theory of law” or “norm logic” conceived the things logically. This did not affect the practice of international law at all, and thus the sentence is applicable which Triepel formulated on page 153 of this book, “Judges and subjects are under the obligation to apply the law of the state, even if contrary to international law, and to follow it. It is not up to them, but up to the government to take into consideration the differences and the divergencies with international law which may arise out of this.”
Dr. Schilf: May it please the Tribunal, I have concluded my questions to Professor Jahrreiss.
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CROSS-EXAMINATION
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Mr. LaFollette: * * * I do want to ask you, Dr. Jahrreiss, a hypothetical question. You may not agree with the hypothesis which I hypothesize or the implications perhaps inherent in them, but just for my own purpose and for orderly procedure I ask you to consider my question and answer it on the basis of the facts which I hypothesize, purely. Let us assume that I was subject to the complete power of an individual we will call “A” to force me to obey his orders implicitly; and, under those circumstances, I saw “A” procuring a strong rope, strong enough to bind a man completely and securely. Secondly, that I saw him preparing a strong wooden frame upon the ground, with iron rings through which he could pass the rope; and, so placed, that they could bind the legs and arms of a man securely. Third—a wooden block so shaped that a man’s neck could be placed on it with his head extended beyond it. And four, that I saw this man “A” sharpening an axe large enough and strong enough to cut through the neck of a man. And suppose at this same time I also saw, standing always in view, from one to six men, each of whom I know that this man “A” has a violent hatred for and has threatened to kill; and each of whom I know that this man “A” has the power to capture if he chooses. Now then, let us assume that this man “A” captures one or more of these men that he hates, and that I know he hates; and binds this man with the rope that I saw him prepare, upon the frame that I saw him build; and places his neck on the block that I saw him prepare; and that then “A” hands me the axe which I saw him sharpen and orders me to cut off the head of this captured, bound man. Would you say that under those circumstances I would be guilty or not guilty of killing the man whose head I severed at the direct order of “A” who had the full power to order me to do so.
Dr. Jahrreiss: I understand it this way—that guilty or not guilty is to be considered as guilt under criminal laws.
Q. On the assumed facts, yes.
A. I just want to ask you a question. Do you mean it as a legal question or as a question of morality?
Q. As a question of law.