World Legal Order: Possible Contributions by the People of the United States

World Legal Order: Possible Contributions by the People of the United States

World Legal Order: Possible Contributions by the People of the United States

World Legal Order: Possible Contributions by the People of the United States

Excerpt

No proposal would seem more clearly inherent in the concept of law than that those rules and principles accepted as regulatory of relations between nation-states should be deemed supranational in the sense that they are superior to and, in case of conflict, overrule legal norms of national origin or merely national applicability. It would seem that the most primitive common sense would exclude any idea of the legal superiority of a part of mankind or of human law to the whole or of the inferiority of the law of a larger group to that of a smaller group within it. Yet in the world of today, a world in which law has been known and has prevailed as long as there is any historical revelation, such conclusion is denied de facto and even de jure, not only in seats of the mighty but in philosophers' sanctums. Seldom has a national court, unless by authorization of nationally created law, accorded clear-cut recognition to the obligation to enforce supranational law over national law -- or even to recognize the existence of any law as higher than that of the nation-state under the law of which the court is set up. Thus power, superseated in national government, overrides the logic of human law. Thus the jurist, of all men born for the universe, narrows his mind and to nation gives up what was meant for mankind.

No more ominous fact than this exists in the world as the twentieth Christian century passes its halfway mark. At no point of history has the safety of the people been more inseparable from the prevalence of the common sense of most; nor have the fretful realms been more persistent or more virulent in their disregard of law than now. Never has the vital need for effective universal law been so perilously acute. What contribution can the people of any particular nation make toward the rule of law in the world?

Though its subject is world-wide, the present inquiry is limited to the question posited and to the writer's nation. The reason lies in limitation of time, knowledge, and printing space. But the example . . .

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.