[Germany and the Next War by Friedrich von Bernhardi]@TWC D-Link bookGermany and the Next War CHAPTER I 35/46
A condition of things arises where the living moral consciousness of the people conflicts with the established law, where legal forms are superannuated, but still exist, and Mephistopheles' scoffing words are true: "Laws are transmitted, as one sees, Just like inherited disease. They're handed down from race to race, And noiseless glide from place to place. Reason they turn to nonsense; worse, They make beneficence a curse! Ah me! That you're a grandson you As long as you're alive shall rue." _Faust_ (translation by Sir T.Martin). Thus, no absolute rights can be laid down even for men who share the same ideas in their private and social intercourse.
The conception of the constitutional State in the strictest sense is an impossibility, and would lead to an intolerable state of things.
The hard and fast principle must be modified by the progressive development of the fixed law, as well as by the ever-necessary application of mercy and of self-help allowed by the community.
If sometimes between individuals the duel alone meets the sense of justice, how much more impossible must a universal international law be in the wide-reaching and complicated relations between nations and States! Each nation evolves its own conception of right, each has its particular ideals and aims, which spring with a certain inevitableness from its character and historical life.
These various views bear in themselves their living justification, and may well be diametrically opposed to those of other nations, and none can say that one nation has a better right than the other.
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