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Yale Law School

Faculty Scholarship Series

Law and Politics

1934

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Full-Text Articles in Legal History

International Law Of War Since The War, Edwin Borchard Jan 1934

International Law Of War Since The War, Edwin Borchard

Faculty Scholarship Series

In all revolutionary periods customary law tends to suffer from emotional attack and from the popular demand for shortcuts to salvation. The function of law as a guaranty of general security, as a source of reliance for the weak, as a necessary foundation for enterprise 'and commitments, as an alternative to force, corruption, and favoritism, is forgotten in the hysterical exaltation of panaceas, punitive methods, and radical departures from tried experience. This is usually accompanied by depreciation of tradition and precedent as obstacles in the way of the new revelation.