Growth of the Law

Sun (Auckland), Volume IV, Issue 940, 5 April 1930, Page 8

Growth of the Law

LEAGUE OF NATIONS’ ERA HUMAN nature never changes, so there will always he wars; they cannot be prevented.”—A frequent remark, the fallaciousness of which is easily proved. Not so long ago, as human progress is measured, Europe was inhabited by savage tribes, led by rude chiefs, who were constantly warring among themselves. Barely a century has elapsed since this state existed in New Zealand. The rudiments of law developed with tribal habits, though it was rough and ready and was often only the arbitrary decision of the chief.

As the tribes developed into kingdoms, the law grew slowly, but even much later than the Norman conquest there was no settled or adequate system for the administration of justice throughout England. By' Tudor times, however, the King’s courts became allpowerful and the whole of the kingdom of England was governed by the same law. Since then the system has been growing more perfect, and justice has become more sure and certain. Even now, however, the law is but a system, but it is made invincible because the great majority of our people believe in it and support it. In international relationships the growth of law has been slower. Disregarding the ancient rules of heraldry, it was not until' 1625, -when Hugo Grotius published his treatise on “Laws of War and Peace,” that a system of international law was seriously considered, and to him must be given the credit of laying the real foundation of international law. From his time on, a system has been slowly but steadily developing, principally by treaty, or by the decision of Prize Courts in time of war. Recognition was slow, and the subjects dealt with limited in scope until the time of the Hague Conference at the end of last century, when the first great modern advance was made. Subjects discussed at the Hague included disarmament, means for the pacific settlement of disputes, and improvement in rules of wart It is, however, the establishment of the League of Nations in our own time which really opened the door to the new era which is so essential if our civilisation is to continue.

Just as even primitive peoples discovered that quarrels among their own

tribesmen, unchecked by law, meant destruction of the tribe, so it is being increasingly realised today that unchecked war on a large scale may mean destruction to civilisation itself. Will the League of Nations work? The answer depends entirely on whether the league receives the considered support of the world’s peoples; on whether they are determined to outlaw war as a crime against humanity. No national law can be long enforced unless it has behind it the backing of public opinion, and this statement especially applies to the work of the League of Nations. Who, 200 years ago, could have conceived of a world-wide community of self-governing nations, including black; white, brown and yellow races, living peaceably together, bound by a common allegiance? Yet today the British Commonwealth is a striking example. War is not dreamed of between Canada and England, or between England and Australia. The lesson is plain. If the people of every nation can be brought to work for Peace, the reign of law must come, and war will be as much a thing of the past as are private duels today. Tennyson’s vision of “The nations’ airy navies grappling in the central blue” has already been fulfilled. Grant that the power of law may also go onward till, as in his further vision, “The war drum throbs no longer and the battleflags are furled, in the Parliament of man, the Federation of the World.” This time will come, but whether it he soon or late depends on whether people are today prepared to work as wholeheartedly for Peace as they do in preparation for War. T. W. KEALY.