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This is the accepted principle of International Law, a residuum of the concentrated wisdom of many generations of international legists. When war takes the place of peace, it annihilates all natural and conventional rights, all treaties and compacts, except those which appertain to the state of war itself.
We find first that Henry II., John, and Henry III., would seem on several occasions to have extended the laws of England all over the island. But all English legists will tell us that those laws were only for the inhabitants of English blood.
For this kind of authority the legists have even invented a special name: "shaukah," which means actual influence, the authority which has spontaneously arisen in default of a chief who in one form or another can be considered as a mandatary of the Khalifate.
Devoted to studies both laborious and severe, entitled in all respects to the esteem of their fellow-citizens by their knowledge and eloquence our legists deserve but one reproach, that of an excessive deference to arbitrary laws. "I have been pitiless in my criticism of the economists: for them I confess that, in general, I have no liking.
During centuries of continuous efforts, the kings of France were battering down the feudal edifice, and at length they established themselves on its ruins, having step by step usurped the fiefs, subdued the vassals, suppressed the parliaments of barons, annulled or subjected the manorial courts, assumed the legislative power, and effected that judicial authority should be exercised in their name and on their behalf, in parliaments of legists.
Concerning the facts observed and described by the economists, we reason and conjecture: abusive laws, iniquitous customs, respected so long as the obscurity which sustained their life lasted, with difficulty dragged to the daylight, are expiring beneath the general reprobation; it is suspected that the government of society must be learned no longer from an empty ideology, after the fashion of the Contrat social, but, as Montesquieu foresaw, from the RELATION OF THINGS; and already a Left of eminently socialistic tendencies, composed of savants, magistrates, legists, professors, and even capitalists and manufacturers, all born representatives and defenders of privilege, and of a million of adepts, is forming in the nation above and outside of PARLIAMENTARY opinions, and seeking, by an analysis of economic facts, to capture the secrets of the life of societies.
To it, political economy, regarded by many as the physiology of wealth, is but the organization of robbery and poverty; just as jurisprudence, honored by legists with the name of written reason, is, in its eyes, but a compilation of the rubrics of legal and official spoliation, in a word, of property.
Such is the meaning of the enigma which has caused so many scandals among theologians and legists, and regarding which the Christian Church has blundered twice, first, in condemning every sort of interest, and, second, in taking the side of the economists and thus contradicting its old maxims.
The legists with mechanical fidelity, full of obstinacy, enemies of philosophy, buried in literalities have always mistaken for the last word of science that which was only the inconsiderate aspiration of men who, to be sure, were well-meaning, but wanting in foresight.
This appearance was all that the later Abbasids retained after the loss of their temporal power; spiritual authority of any kind they never possessed. The spiritual authority in catholic Islam reposes in the legists, who in this respect are called in a tradition the "heirs of the prophets."
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