Law An Overview Essay, Research Paper

LAW: an Overview

Human nature consists of three basic components. These are to

live, to propagate and to dominate. If Humanity was left without any

other parameters, this natural state of existence would govern its

behavior. Fortunately, there are parameters that exist. These

parameters are law. The topic of this paper addresses the type of law

that operates in creating potential boundaries for the behavior of

states. This law is called the Law of Nations or international law.

Patrick Moynihan, a senator from New York, has written a book on this

subject called On the Law of Nations. His book argues that states need

international law to monitor their actions and to maintain order. He

also notes the frequent departures states do from international law.

This essay will reflect his plea to return to the norms that

international law provides; it will also discuss and identify the moral

dilemmas that are present with international law and its relationship

with states.

The term “laisser aller” or “letting go” is used by Friedrich

Nietzsche to describe this state of nature, in which man resides

absently of law. His use of the term represents the struggle morality

wages against nature and reason. He equates morality in any form, with

“tyranny and unreason.” Nietzsche proposes that man’s natural existence

be, in essence, nihilistic. Logically, the political entity known as

the state, created by man will inherit these traits. Thus, the

conclusion is that the creation and institution of international law are

in direct violation to nature.

However, international law exists and states “generally” submit

themselves to it. . Since most of this law is derived from codified

norms of states, the term submission can be used. There is a disservice

committed to humanity when the law is broken, not just to those who are

weaker in the global community but to the law itself. A violent raping

of the law is committed when it is taken in an a la carte form. The

constant shifting back and forth from international law to nature

creates an incoherent system and a basis for calling the reversion to

the natural state, evil. In this setting “illegal” unilateral action is

immoral. Conversely, the adherence to the law is equally immoral. This

conclusion is drawn from the virtue of integrity. Either have a

commitment to comply with morality or completely abstain from a

hypocritical form of servicing the law with words and no conformity.

Consistency, is an extremely important factor of a system of law.

Moynihan argues that the United State has begun to traverse a

path leading away from its adherence to international law. “There is

clear evidence that the United States is moving away from its long

established concern for and advocacy of international legal norms of

state behavior.” The implication of the United States’ departure is

extremely troubling. The decline of universalism in world politics can

be seen through the example of the United States. Moynihan has no

trouble in finding examples in recent history to support his argument.

During the Bush Administration two examples are cited of

unilateral action condoned by the United States, which are violations of

international law. The first is the precedent allowing the Federal

Bureau of Investigation apprehend fugitives of United States law

anywhere around the world. This violates the principles of sovereignty

and jurisdiction. The second example is the United States’ raid on the

home of the Nicaraguan embassador in Panama. This clearly violates the

idea of extraterritorality. These actions are interpreted to be in

violation to the very law that the United States constitution promises

to up hold. Because of these actions and many others that are

frequently taking place all around the globe, an underlying disregard

for law in the international community exists. One could conclude that

there is no real international law but international suggestion.

The moral dilemma does not exist in an isolated location, such

as the United States. This is a wide spread enigma that confronts

political thinkers of today. The existence of an operational universal

system in a predominated arena of nationalism is nearly impossible. The

two systems have been shifting since the Treaty of Westphalia, according

to Hans Morganthau. He argues that nations are now “the

standard-bearers of ethical systems, each of them of national origin and

each of them claiming and aspiring to provide a supranational framework

moral standards . . . ” This powerful argument proposes that the

framework has changed. There has been a shift from that common ground

to something self-interested. The reason for the shift is nationalism.

Each state maintains that they have the moral system which should be

universally accepted; thus, only satisfying that part of the

international law that is right for them. This gives us international

law a la carte and consequently, not a viable system at all.

International law exists as hybrid system of law.

Unfortunately, consistency is a problem. If this was the case in law

on a domestic level there are concessions for enforcement. The

international community has no such institution nor stipulation for

uniform compliance to its law. This creates a dilemma, how can a

grouping of people whose nature is self-interested behave morally

without encouragement from a compulsory mechanism?

This essay reflects the ideas argued by Patrick Moynihan in the

book, On the Law of Nations. Furthermore, it argues the notion of

morality in the international community, that either there is complete

surrender to its principles or total abstinence in participation.

Perhaps one day a solution will arise to successfully solve the dilemmas

the world faces in obtaining a world of order. A world where the law is

not based on mere custom but a legislature empowered to create laws that

are binding to all states. Having a system that allows for enforcement

and interpretation of the law will benefit the now chaotic world that

hangs on the thread of sanity over the abyss of annihilation