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Britain at Bay by Spenser Wilkinson
page 24 of 147 (16%)
and, whether he likes it or not, is bound by the decision of the court.
For the court is the State acting in its judicial capacity with a view
to insure that justice shall be done. The plaintiff alleges that the
defendant has done him some wrong either by breach of contract or
otherwise, and the verdict or judgment determines whether or not this is
the case, and, if it is, what compensation is due. The judgment once
given, the whole power of the State will be used to secure its
execution.

The business of a criminal court is the punishment of offenders whom it
is the function of the State to discover, to bring to trial, and, when
convicted, to punish. The prisoner's consent is not asked, and the
judgment of the court is supported by the whole power of the State.

In the international sphere there is no parallel to the action either of
a civil or of a criminal court. Civil and criminal jurisdiction are
attributes of sovereignty, and over two independent States there is no
sovereign power. If, therefore, it is desired to institute between two
States a situation analogous to that by which the subjects of a single
Government are amenable to judicial tribunals, the proper way is to
bring the two States under one sovereignty. This can be effected, and is
constantly effected, by one of two methods. Either the two States
federate and form a united State, or one of them conquers and annexes
the other. The former process has been seen in modern times in the
formation of the United States of America: the latter formed the
substance of the history of civilisation during the first three
centuries before Christ, when the Roman State successively conquered,
annexed, and absorbed all the other then existing States surrounding the
basin of the Mediterranean.

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