Britain at Bay by Spenser Wilkinson
page 24 of 147 (16%)
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. |
|