410
MORIBUND LAWS.
" law "
THE HỎNGKONG WEEKLY PRESS AND
law, which consists of a mass of opinion as to what should be lawful, but bas no machinery behind it to compel obedience
to its dicta. True, there are numerous legal decisions based on its principles, but these were not international decisions. They were the decisions of judges learned in international law and its customs, and affected only individual delinquents coming within their own jurisdiction. Russia as a nation sets aside international law, even to the extent of repudiating a principle to which she had previously consented. A law which can be repudiated is not a law in the sense in which the term is understood.
[December 8, 1904-
which is written but not spoken and another which is spoken, but, except by the un-- educated, not written."
It appears that in the schools it is the great aim to teach Chinese, which the pupils learn to read and write-much in the same way as they would if they were in China; but the mass of the people are dependent upon the conventional tongue with its alphabetical expression for the ordinary purposes of life. How far this alphabetical and phonetic system is appli cable to pure Chinese is not stated; and in this the remarks made in the
What
(Daily Press, 28th November.) On two previous occasions we have ex- pressed the opinion that the term us applied to the set of conventions known generically as International Law is inexact, if not absolutely a misnomer. At the time, we did not expect that the importance of the point would so soon be made apparent by a trial in the Court. Indeed, except as a matter having a certain academic interest, it did not occur to us that the discussion of the question-apart from a possible political
article referred to unfortunately break outcome that we suggested might one day
off just at the point where they eventuate--was particularly practical or The "golden rule" is a law which all become most practically interesting. If, profitable. It arose, however, in the course men consent to. At least, we have heard however, the alphabetical system can be of the local trial of certain issues of the of no man, and can imagine no man, likely applied to the ordinary Corean spoken dispute concerning a charter-party made to have the hardihood to oppose the prin- language, there would seem little reason to between the owners of the ship Prometheus ciple of doing to others what he wishes doubt that with a little ingenuity it coull and the Osaka Shosen Kaisha. The Counsel others to do to him. In practice, however, also be adapted to the pure Chinese; and for the shipowners contendel, very naturally, this "law," or this "rule," the terms being the means may perhaps be found in an un- as Russia had declared a certain prin. rightly interchangeable, is more often expected quarter of solving a problem ciple to be the law, and as the Powers broken than observed. As a matter of whose solution would be of incalculable were permitting Russia to act as if her own strict definition, it is not a "law," and it is benefit to students of Chinese, and would declaration was the law, that this Russian not a golden "rule," because there is no render the study of at least the colloquial declaration was to all intents and purposes Ruler, or Power, or mechanism back of it language one comparatively easy. the law under which the shipowners should to put it into force. It is an axiom, an the Coreans apparently do with their own conduct their business. The International adage, a proverb, but it is no more; and language is very much what Europeans lawyers had said contraband of war was one that is the case with international law. have to a large extent to do in acquiring thing: the Russians had declared it another; Law is useless, and practically non-existent, Chinese. They make an attempt at a and as Russia was the only authority that if it does not practise. For practical pur-phonetic record of the words used without seemed to be giving practical effect to either poses, in the current war, a cautious ship- too much trouble as to the actual characters or any definition, it seemed a sorry business owner will naturally say that the law for that would be used in writing. But unfor- to look to any so-called law that was not being him to obey is the law that is being en- tunately there is no European language enforced. We do not for one moment con- forced, and that is just what is being done, which is really adapted to express with any- sent to suppose, even in face of Russia's even by British shippers, whose national thing approaching to accuracy the true declaration, and the fact that for some in-laws recognise and uphold the international pronunciation of Chinese words in any scrutable reason the Statesmen of the world
accepted dialect. In French a vast number are allowing her to have her own way, that
of the Chinese words are simply impossible; the law of contraband is not International
and neither German nor English will meet Law as understood by other Powers. Nor
the requirements, in all cases-but a happy do we question in the slightest Sir H. S.
mixture of the three languages may arrive BERKELEY'S decision that the law ruling
at a slight approximation to either the the behaviour of neutral shipping should
Peking or the Naukin Dialect-but at best be International Law, and not any casual
the result is very unsatisfactory. It is arbitrary ruling of some Power which
worthy of enquiry whether the Corean may for the time be enjoying the "splendid isolation" of SATAN after the rebellious council in the hall of -Pan- demonium. But with His Lordship's argu- inent that a law agreed upon remains law even while some of its nominal adherents are flagrantly disobeying it, it is not so easy
understanded of the people" is certainly to be satisfied. Law may be a code of shalts
to their credit, and it might be hoped and shalt-nots agreed to by a community,
that something of the same kind would or a similar code enforced upon the com.
be taken in hand for the benefit of the munity by some authority to whom the
masses in China. If once a phonetic system community has permitted the necessary (Daily Press, 29th November.) could be accepted by the Chinese, it would power. It would seem foolish to suggest, In the course of a very interesting paper on not be very difficult to adapt it to the more as Sir HENRY BERKELEY SAYS, because some characteristics of the people of important local dialects, and by degrees persons possess temporarily the power to Corea, written by the Missionary Bishop of ons of the great bulwarks of "localism" in resist an established municipal law, that that country, which appears in East and West, China would be, at least to a considerable such municipal law has ceased to exist. a quarterly Mission journal, a reference is extent, broken down. Of course any move- The point is, however, that such power of made to the written language, which is of ment of the kind would be regarded with resistance could only be temporary, as the considerable interest in its bearing upon the dislike by the more educated classes in power of the law to enforce its own obser- Chinese as well as upon the Corean lan- China. To them, the written character and vance must be re-asserted sooner or later. guage. The Chinese classics in Corea, as the classical style are subjects almost of International law has never had such power, in China, are the only books, a knowledge superstitious veneration, and the idea of while the power to resist it has always been of which will entitle à Coreau to be regard-modifying writing for the simple object aujoyed by nations who in time of peace ed as an educated man. But it appears of making it intelligible to people who have may have agreed to principles. Murderers that the Coreans have accomplished a feat not gone through the same hard studies as frequently have the power for a time to defy which has often been suggested as highly they have themselves, would appear an the law, but the law against murder stands. desirable in China, namely, providing some- innovation little short of revolutionary; but Could it be said to stand if the law, instead thing in the form of an alphabet by which changes quite as radical have been effected -- of intervening as soon as possible, were to the written character can be deciphered. in other places, and might not be impossible Bay to the murderer at large. "We pro-"For the benefit of the unlettered-that is even in China, the proverbial country of all test against your act, which was unlawful," to say the great mass of the people, an that is conservative. Among the purely and let it go at that? There are laws now
scholastic the old classical Chinese is on the British statute books which
certain to hold its own for many long years аге undoubtedly the law-here Sir
to come-if for no other reason for the very HENRY BERKELEY'S poiut seems to receive
efficient one that a mastery of it is looked support-but which, by common consent,
upon as the only thing which gives a min are regarded as dead-letters, and not acted
a title to be considered educated at all. upon. Suppose there were no arrangements for enforcing these old statutes in case of need, and we have the status of international
law which does nothing to protect them if they fall within the clutches of Russia who has a law unto herself. The only known way to enforce law is in the provision of penalties for breach, and international law has no penalties. The horse led to the water could probably be made also to drink, if it could be made to understand that a refusal to drink would involve a beating. Russia in 1856 was led to the water (or En-Moun" would help out the difficulty. international law of contraband 'and other That a people so little considered, and in things) and now, in 1904, she refuses to
many ways so insignificaut, should, for their drink. More faith would be felt in the own edification, bave hit upon a device for actuality of international law if Russia were making it possible to write the language also made to understand that her repudia-ordinarily spoken in a way that will be tion, if persisted in, would mean a beating.
PROPOSED REFORM OF CHINESE WRITING,
the
a
alphabetical script or syllabary has been provided by their scholars. With the help of this script (which is known as the En- Moun, and understood practically by every body). all sounds of the spoken language can be easily expressel. The spoken lau- guage, being neither Chinese nor Japanese, stands, therefore, apart from Chinese, with the result that Corea has one language
*
But as time goes on the scholastic feeling might become modified to some slight ex- tent, and it might be possible for the benefit