Excerpt from Leading Cases and Opinions on International Law: Collected and Digested From English and Foreign Reports, Official Documents, Parliamentary Papers, and Other Sources; Notes and Excursus, Containing the Views of the Text Writers on the Topics Referred to Together With Supplementary Cases, Treaties, and S

There is some tendency on the part of English lawyers to regard that body of custom and convention which is known as International Law, as fanciful and unreal; as a collection of amiable opinions, rather than as a body of legal rules. The text writers have much to answer for in this respect. Their real function is to record and collate existing usage. The function which they have striven to assume has been that of authorship. They frequently prescribe, not what is, but what they think ought to be, the practice of nations. Rules originating thus, necessarily command but scanty reverence; and perhaps nothing has tended more to lessen the esteem in which International Law is held than the misapprehension which has been thus begotten. The truth is, however, that a very large portion of International Law rests on authority as trustworthy as that which commands the homage of the English lawyer.

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