Law. An Overview

Essay by AcidwolfA+, October 1996

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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...