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
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...