“International law, like the moral law, is part of the law of England, but only to the extent that the Courts will not help those that break it.”

Attorney-General v. Sillem and others, "The Alexandra " (1864), 12 W. R. 258.

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Sir Frederick Pollock, 1st Baronet 11
British lawyer and Tory politician 1783–1870

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Context: What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow.
What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest.

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Context: The law of England is a law of liberty, and, consistently with this liberty, we have not what is called an imprimatur (let it be printed); there is no such preliminary licence necessary. But if a man publish a paper, he is exposed to the penal consequences, as he is in every other act, if it be illegal.

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“What is called the Law of Nations is not properly law, but a part of ethics: a set of moral rules, accepted as authoritative by civilized states.”

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Inaugural Address Delivered to the University of St. Andrews, Feb. 1st 1867 (1867) p. 36. http://books.google.com/books?id=DFNAAAAAcAAJ&pg=PA36
Context: What is called the Law of Nations is not properly law, but a part of ethics: a set of moral rules, accepted as authoritative by civilized states. It is true that these rules neither are nor ought to be of eternal obligation, but do and must vary more or less from age to age, as the consciences of nations become more enlightened, and the exigences of political society undergo change. But the rules mostly were at their origin, and still are, an application of the maxims of honesty and humanity to the intercourse of states. They were introduced by the moral sentiments of mankind, or by their sense of the general interest, to mitigate the crimes and sufferings of a state of war, and to restrain governments and nations from unjust or dishonest conduct towards one another in time of peace. Since every country stands in numerous and various relations with the other countries of the world, and many, our own among the number, exercise actual authority over some of these, a knowledge of the established rules of international morality is essential to the duty of every nation, and therefore of every person in it who helps to make up the nation, and whose voice and feeling form a part of what is called public opinion. Let not any one pacify his conscience by the delusion that he can do no harm if he takes no part, and forms no opinion. Bad men need nothing more to compass their ends, than that good men should look on and do nothing. He is not a good man who, without a protest, allows wrong to be committed in his name, and with the means which he helps to supply, because he will not trouble himself to use his mind on the subject. It depends on the habit of attending to and looking into public transactions, and on the degree of information and solid judgment respecting them that exists in the community, whether the conduct of the nation as a nation, both within itself and towards others, shall be selfish, corrupt, and tyrannical, or rational and enlightened, just and noble.

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