306
The Green Bag
But these, too, now have the jury in some form. It would be interesting to trace the process by which this imporCivil Law anything which may have a tendency to convict, even the most absurd and unreliable hearsay, is admissible." Scott, Spanish Criminal Law, etc., Bulletin of Comp. Law Bureau (1910), p. 75. "There is not an appeal from the neighboring kingdom of Scottland in which you will not find a great deal of hearsay evidence upon every fact brought into dispute." Lord Mansfield, in Berke ley Peerage case, 4 Campb. 401, Thayer's Cases on Evidence. 373.
tant change in the rules of evidence was brought about. But it is more signifi cant for our present inquiry that this process, apparently, has not been checked or affected by the introduction of the jury from England. This, added to the established fact that in the same jurisdictions the hearsay rule existed in full vigor before the jury was thought of there, shows that we must seek some other explanation for the origin of that rule.
The Insufficiency of Arbitration By Alfred Hayes, Jr. professor of law, cornell university CHANGE is one of the few indis putable facts of history, but the realization, at a given moment, that existing institutions and arrangements are mutable is not easy. Any world scheme which leaves out of account the fact that in internal organization and international relations there must be advance is hopelessly defective. The elimination of war is impossible on any basis not admitting of the progress of civilization in the world. Races and nations grow in strength or decay as a result of changes in population, com mercial power, military vigor, political institutions, moral stamina and count less other influences, seen and unseen. There must be some method, therefore, by which the fit shall expand in power and territorial possessions. Persia must always yield to Macedonia; no intel lectual heritage can save decadent Greece from virile Rome; no law of nations nor supercilious disdain of barbarians can safeguard the Roman Empire against the strong men of the North.
The claim of a nation to unqualified control of territory no longer passes unchallenged. Professor Reinsch of the University of Wisconsin writes : —. The positive ideal of the world today is un doubtedly that the whole earth shall become a field of action open to every man, and that all the advantages which may be secured by the action of humanity throughout the world must be guaranteed to the citizens of each national sovereignty. It is true that nationalism is the dominant force in the world, but any nationalism which hopes to keep a por tion of the earth for the exclusive enjoy ment of a favored part of the human race can maintain its position only so long as it has power. The fundamental diffi culty with the substitution of arbitral decisions for war is not the existence of passion or greed in men, the presence of standing armies or the power of military monarchs, but the fact that international law necessarily proceeds upon the assumption of the justice of the existing status. No legal system
