By H.B. Jacobini
One of the main unlucky proof in regards to the dating of the U.S. with Latin the USA is that purely in recent times has there been any considerable volume of highbrow interchange just about legislation. This, after all, is an instance of the relative loss of cultural trade among those peoples. in basic terms in very contemporary years has the North American curiosity in Latin the USA been in any experience common and energetic. whereas there are a couple of fresh volumes which debate a variety of elements of Latin American legislations in a manner calculated to curiosity the North American attorney and academician, the Latin American contributions to and attitudes towards overseas legislation are nearly unknown within the usa other than in very constrained quarters. hence it was once concept survey comparable to the only offered right here might give a contribution not just to a greater lower than status of Latin American juristic inspiration as bearing on overseas legislations, but in addition to a greater comprehension of felony concept in most cases, and of Latin American tradition as an entire. The section of the philosophy of foreign legislation which, almost about the nearby software right here studied, has been the most important curiosity during this paintings, i.e., no matter if writers depend extra on naturalism or positivism because the philosophical origin of the legislation of countries, is, just like the topic of Latin American legislations itself, a topic which has been ignored by means of North American scholars.
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Extra resources for A Study of the Philosophy of International Law as Seen in Works of Latin American Writers
P. S. If IS 48 WRITERS OF THE 19TH CENTURY: THE POSITIVISTS Ramirez makes it fairly clear that his method has been to search the codes of Mexico and of other nations, and to utilize those rules of international law which are universally recognized 37. He has little or nothing to do with naturalism. " ... it is necessary", he observes, to abstract and exclude from this study, in so far as possible, all those principles which can be called ethics or morality of nations, in order to consider international law as the collection of rules which regulate or ought to (deben de) regulate the relations among the various states or independent nations.
Cit. , p. 2. 11 14 D. RAMON FERREIRA 43 express or tacit consent of nations founded in pact or custom ... " The latter, according to Ferreira, is binding only on those who are committed by pact or custom to uphold them; the former are binding on all without reference to either consent or custom, and their authority is "ex-vigore legis naturalis" 19. , its obligation is complete and "always exercises external coaction," whereas the natural law, being not always perfect, raises the question as to when it is internal and hence only subject to the sanction Of conscience, and when it is external or binding in the legal, as contrasted with the moral, sense 20.
244. III Fenwick, op. , pp. 87-97 . 14 Scots L. T. R. 227 (1906). Also Charles G. Fenwick, Cases on International Law. (Chicago, Callaghan and Company, 1935), pp. 25-28. , p. 26. , p. 28. 111 III THE 19TH AND 20TH CENTURIES 33 of law or the doctrine of incorporation, is in practice that which states have tended to act upon, and it is related closely to the notion of national sovereignty with all the unfortunate ramifications of that conception. It is not odd, then, that dissatisfaction with the international status quo, including the dualistincorporationist thesis, came to be asserted by international law writers as well as by many who were interested in international relations from a non-juridical point of view.