The Future of International Law

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This likewise is duteously traced back by science to INTRODUCTION 3 Grotius, although in this department also he stands on the shoulders of his predecessors. The riddle, how it was possible to find a foundation for international law (as also for constitutional law and other branches of law) in the law of nature, which itself reposed upon so un- stable a basis, is easy of solution for those who Contem- plate the historical development of all law with minds clear from prejudice. The contention of
... the historical school that all law springs up ' naturally ', like language, is chimerical. Wherever a demand for law and order imperiously asserts itself, rules of law arise there. Every epoch of history produces alike that mode of legal develop- ment which it needs and that theoretical basis therefor which corresponds to its own interpretation of the nature of things. Accordingly the growth of law is everywhere dependent on, or at least influenced by, a conscious or unconscious creation of law.

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