jurist of the seventeenth century, has been criticized for holding that a
beleaguered town might justly deliver up to the enemy a small number of
its citizens in order to purchase immunity for the rest. How far do the
cases differ in principle? "Among persons variously endowed," wrote
Hegel, "inequality must occur, and equality would be wrong." [Footnote:
Hegel, _The Philosophy of Right_, translated by Dyde, London, 1896,
p. 56.] Commonwealths of many degrees of development have recognized
inequalities of many sorts, and have treated their subjects accordingly.

"For diet," said Bentham with repellent frankness, "nothing but self-
regarding affection will serve." Benevolence he considered a valuable
addition "for a dessert." He had in mind the individual, and he did
injustice to individuals in certain of their relations. But how do things
look when we turn our attention to the relations between states? Does any
state actually make it a practice to treat its neighbor as itself? Would
its citizens approve of its doing so?

The Roman was compelled to formulate a _jus gentium_, a law of
nations, to deal with those who held, to him, a place beyond the pale of
law as he knew it. [Footnote: See SIR HENRY MAINE, _Ancient Law_,
chapter iii.] Many centuries have elapsed since pagan philosophers taught
the brotherhood of man, and since Christian divines began to preach it
with passionate fervor. Yet civilized nations today are still seeking to
find a _modus vivendi_, which may put an end to strife and enable
them to live together. The _jus gentium_, or its modern equivalent,
is, alas! still in its rudiments.

To obviate misunderstanding at this point, it is well to state that, in
adducing all the above facts, I do not mean to argue that it is abnormal
and an undesirable thing that the scales of justice should, at times, be