Wilson, Robert R.

English

Louisiana State University: DigitalCommons @ LSU Law Center

Louisiana Law ReviewVolume 2 | Number 3March 1940LAW, THE STATE AND THEINTERNATIONAL COMMUNITY, by JamesBrown Scott. Columbia University Press, NewYork, 1939. 2 volumes: pp. xxiv, 613; vi, 401. $8.75.Robert R. WilsonThis Book Review is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted forinclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact kreed25@lsu.edu.Repository CitationRobert R. Wilson, LAW, THE STATE AND THE INTERNATIONAL COMMUNITY, by James Brown Scott. Columbia University Press,New York, 1939. 2 volumes: pp. xxiv, 613; vi, 401. $8.75., 2 La. L. Rev. (1940)Available at: https://digitalcommons.law.lsu.edu/lalrev/vol2/iss3/17ReviewsLAW, THE STATE AND THE INTERNATIONAL COMMUNITY, by JamesBrown Scott. Columbia University Press, New York, 1939.2 volumes: pp. xxiv, 613; vi, 401. $8.75.The author of this work is the distinguished Director of theDivision of International Law of the Carnegie Endowment forInternational Peace. The two volumes deal with the history ofWestern thought concerning law, the state, and legal relationsbetween peoples, from the time of the ancient Greeks to theopening years of the seventeenth century. The plan has been todeal in the form of a commentary with individual writers andwith some special topics (such as tyrannicide) in separate chap-ters in the first volume, and in the second to present, in topicalrather than chronological order, excerpts from texts (especiallyfrom the writings of Sudrez), "in effect a codification of thefundamentals of political science and jurisprudence, both nationaland international." The first chapter is designed as a "reminderof certain legal and political truths." Dr. Scott rejects the viewthat "law is a command of the so-called sovereign state,"1 stressesthe importance of the fundamental concepts of the law of nature,and, without attempting prophecy, expresses his faith in human-ity and in the ultimate realization of justice through law in theinternational community as well as in national ones.'In the course of his tracing the thought of others, with awealth of quotation, Dr. Scott indicates in some instances hisown estimates. For example, he believes that Machiavelli's Princestands for "retrogression in the evolution of human government"and is "not in harmony with the normal development of law andpolitical institutions," and thinks that Bodin's political concep-tions were in some respects obstructive and "an obstacle to thenormal growth of political ideals from their historical bases."'4He ascribes particular importance to Vitoria, Bellarmine, Sudrezand Hooker. At several places Dr. Scott has drawn attention toan analogy which in other writing he has presented in greaterdetail, i.e., the analogy between the obligatory jurisdiction of1. Vol. I, p. 28.2. Vol. I, pp. 35, 613.3. Vol. I, pp. 278, 280.4. Vol. I, pp. 341, 351.E 564 1BOOK REVIEWSthe United States Supreme Court for disputes between States ofthe American Union, and a possible jurisdiction of an inter-national kind for international controversies.Concerning the relative importance of some of the selectedwriters or writings, there will doubtless be divergence of views.With some opinions expressed there may be disagreement, e.g.,the statement that Blackstone is "held in even higher esteemtoday than formerly,"5 or that the words "general principles oflaw" as used in Article 38 of the World Court Statute meanessentially natural law." But disagreement of the kind need notdetract from the usefulness of the compilation which is pro-vided. There is an occasional reference to American politicalexperience, illustrated in the mention 7 of Lincoln's remarks con-cerning international law. There is a 37-page index, in additionto a general bibliography and a separate bibliography of sourcematerial.ROBERT R. WILSONtPRAMi 6N KOTMAI ROC'AKAN T'I NUNG CfULACAKARAT 1166 (CODE OFTHE FIRST REIGN [OF SIAM] 1166 [A.D. 1804-05]). Edited byR. Lingat,* from the Official Manuscripts of the Triple Seal.Bangkok, Vols. I, II, 1939; Vol. III (in press).Siam was the second (following Japan) of the organized in-dependent nations of Asia to undertake to revise its legal systeminto correspondence with Occidental forms; this undertaking itachieved some forty years ago. In so doing, it demonstrated itsprogressive prescience in advance of China, Persia, Afghanistan,and Turkey. But it had already made a unique political record(in contrast to an American nation) in peaceably freeing, overthe course of a single generation, a body of slaves amounting toone quarter of the entire population. And the political talent ofthis small but ancient nation, in maintaining its international in-dependence against the encroachments of Occidental powers, haslong been known to the world.In these volumes, edited by a French scholar who is todaythe greatest (and almost the only) authority on Siamese legal5. Vol. I, p. 263.6. Vol. I, p. 270.7. Vol. I, p. 362.t Professor of Political Science, Duke University.* Legal adviser of the King of Siam and professor in the University ofMoral and Political Sciences.1940]

LAW, THE STATE AND THE INTERNATIONAL COMMUNITY, by James
Brown Scott. Columbia University Press, New York, 1939.
2 volumes: pp. xxiv, 613; vi, 401. $8.75.

https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=1173&context=lalrev

LAW, THE STATE AND THE INTERNATIONAL COMMUNITY, by James Brown Scott. Columbia University Press, New York, 1939. 2 volumes: pp. xxiv, 613; vi, 401. $8.75.

Abstract

Similar works

Full text

Available Versions

Louisiana State University: DigitalCommons @ LSU Law Center