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Britain at Bay. Spenser Wilkinson
Читать онлайн.Название Britain at Bay
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Автор произведения Spenser Wilkinson
Жанр Книги о войне
Издательство Public Domain
Within its jurisdiction the State maintains order and law and in this way makes life worth living for its subjects. Order and law are the necessary conditions of men's normal activities, of their industry, of their ownership of whatever the State allows them to possess—for outside of the State there is no ownership—of their leisure and of their freedom to enjoy it. The State is even the basis of men's characters, for it sets up and establishes a minimum standard of conduct. Certain acts are defined as unlawful and punished as crimes. Other acts, though not criminal, are yet so far subject to the disapproval of the courts that the man who does them may have to compensate those who suffer injury or damage in consequence of them. These standards have a dual origin, in legislation and precedent. Legislation is a formal expression of the agreement of the community upon the definition of crimes, and common law has been produced by the decisions of the courts in actions between man and man. Every case tried in a civil court is a conflict between two parties, a struggle for justice, the judgment being justice applied to the particular case. The growth of English law has been through an endless series of conflicts, and the law of to-day may be described as a line passing through a series of points representing an infinite number of judgments, each the decision of a conflict in court. For seven hundred years, with hardly an interruption, every judgment of a court has been sustained by the force of the State. The law thus produced, expressed in legislation and interpreted by the courts, is the foundation of all English conduct and character. Upon the basis thus laid there takes place a perpetual evolution of higher standards. In the intercourse of a settled and undisturbed community and of the many societies which it contains, arise a number of standards of behaviour which each man catches as it were by infection from the persons with whom he habitually associates and to which he is obliged to conform, because if his conduct falls below them his companions will have nothing to do with him. Every class of society has its notions of what constitutes proper conduct and constrains its members to carry on their lives, so far as they are open to inspection, according to these notions. The standards tend constantly to improve. Men form an ideal of behaviour by observing the conduct of the best of their class, and in proportion as this ideal gains acceptance, find themselves driven to adopt it for fear of the social ostracism which is the modern equivalent of excommunication. Little by little what was at first a rarely attained ideal becomes a part of good manners. It established itself as custom and finally becomes part of the law.
Thus the State, in co-operation with the whole community, becomes the educator of its people. Standards of conduct are formed slowly in the best minds and exist at first merely in what Plato would have called "the intellectual sphere," or in what would have been called at a later date in Palestine the "kingdom of heaven." But the strongest impulse of mankind is to realise its ideals. Its fervent prayer, which once uttered can never cease, is "on earth as it is in heaven," and the ideals developed in man's spiritual life gradually take shape in laws and become prohibitions and injunctions backed by the forces of the State.
The State, however, is not an abstraction. For English people it means the United Kingdom; and if an Englishman wants to realise what he owes to his country let him look back through its history and see how all that he values in the character of the men he most admires and all that is best in himself has gradually been created and realised through the ceaseless effort of his forefathers, carried on continuously from the time when the first Englishman crossed the North Sea until the present day. Other nations have their types of conduct, perhaps as good as our own, but Englishmen value, and rightly value, the ideals particularly associated with the life of their own country. Perhaps two of the commonest expressions convey peculiarly English views of character. We talk of "fair play" as the essence of just dealing between man and man. It is a conception we have developed from the national games. We describe ideal conduct as that of a gentleman. It is a condensation of the best part of English history, and a search for a definition of the function of Great Britain in the moral economy of the world will hardly find a better answer than that it is to stamp upon every subject of the King the character implied in these two expressions. Suppose the British State to be overthrown or to drop from its place among the great Powers of the world, these ideals of character would be discredited and their place would be taken by others.
The justification of the constraint exercised by the State upon its own citizens is the necessity for security, the obligation of self-defence, which arises from the fact that outside the State there are other States, each endowed like itself with sovereignty, each of them maintaining by force its conception of right. The power of the State over its own subjects is thus in the last resort a consequence of the existence of other States. Upon the competition between them rests the order of the world. It is a competition extending to every sphere of life and in its acute form takes the shape of war, a struggle for existence, for the mastery or for right.
IV
ARBITRATION AND DISARMAMENT
To some people the place of war in the economy of nations appears to be unsatisfactory. They think war wicked and a world where it exists out of joint. Accordingly they devote themselves to suggestions for the abolition of war and for the discovery of some substitute for it. Two theories are common; the first, that arbitration can in every case be a substitute for war, the second that the hopes of peace would be increased by some general agreement for disarmament.
The idea of those who regard arbitration as a universal substitute for war appears to be that the relations between States can be put upon a basis resembling that of the relations between citizens in a settled and civilised country like our own. In Great Britain we are accustomed to a variety of means for settling disagreements between persons. There are the law courts, there are the cases in which recourse is had, with the sanction of the law courts, to the inquiry and decision of an arbitrator, and in all our sports we are accustomed to the presence of an umpire whose duty it is impartially to see that the rules of the game are observed and immediately to decide all points that might otherwise be doubtful.
The work of an umpire who sees that the rules of the game are observed is based upon the consent of the players of both sides. Without that consent there could be no game, and the consent will be found to be based upon the fact that all the players are brought up with similar traditions and with like views of the nature of the game. Where this unity does not exist, difficulties constantly arise, as is notoriously the case in international sports. The attempt has been made, with constantly increasing success, to mitigate the evils of war by the creation of institutions in some way analogous to that of the umpire in a game. The Declaration of London, recently published, is an agreement between the principal Powers to accept a series of rules concerning maritime war, to be administered by an International Prize Court.
The function of an arbitrator, usually to decide questions of fact and to assess compensation for inconvenience, most commonly the inconvenience occasioned to a private person by some necessary act of the State, also rests upon the consent of the parties, though in this case the consent is usually imposed upon them by the State through some legislative enactment or through the decision of a court. The action of a court of law, on the other hand, does not rest upon the consent of the parties. In a civil action the defendant may be and very often is unwilling to take any part in the proceedings. But he has no choice, and, whether he likes it or not, is bound by the decision of the court. For the court is the State acting in its judicial capacity with a view to insure that justice shall be done. The plaintiff alleges that the defendant has done him some wrong either by breach of contract or otherwise, and the verdict or judgment determines whether or not this is the case, and, if it is, what compensation is due. The judgment once given, the whole power of the State will be used to secure its execution.
The business of a criminal court is the punishment of offenders whom it is the function of the State to discover, to bring to trial, and, when convicted, to punish. The prisoner's consent is not asked, and the judgment of the court is supported by the whole power of the State.
In the international sphere there is no parallel to the action either of a civil or of a