AND THE RECURRENCE OF WAR. 269 



divide, the French publicists have used the terms cas juridiqucs and 

 cas politiqucs to describe respectively the cases that are susceptible 

 of a judicial solution and those which are not. In England, West- 

 lake^ and Oppenheim- have used the terms legal and political cases 

 to designate respectively the cases which may be solved by an appeal 

 to judicial procedure, and the cases which seem to lead sooner or 

 later to war. Among American publicists Hershey^ also has used 

 the terms legal and political. Likewise in the proceedings of the 

 two Hague Peace Conferences, the terms jiiridique and legal were 

 used respectively in French and English.* Of late years pacifists in 

 this country have applied to those two great divisions of international 

 questions the terms justiciable and non- justiciable. These latter 

 terms, however, are not so good as the terms legal and political used 

 by the great British international publicists and commentators. For 

 the word justiciable is distinguished from the word justifiable by a 

 difference of only one letter, and as a consequence a confusion of 

 the words is liable to arise in the popular prints. Also the ex- 

 pression non-justiciable is a negative term and consequently inferior 

 for that reason to the expression political which is a positive term. 



Following the nomenclature devised for the purpose by the great 

 French and British international jurisconsults and commentators, 

 I have applied to these two great categories of international ques- 

 tions, the terms legal and political cases respectively. And in an 

 effort to differentiate between the cases which so far nations have 

 been willing to refer to judicial settlement, that is legal cases, and 

 those w^hich nations have preferred to submit to the decision of war, 

 that is political cases, the present writer ventured to advance at the 

 close of 1913 the following definitions of legal and political cases 

 in the affairs of nations.^ 



1 Thomas Balch, " International Courts of Arbitration," 1874, 6th edition, 

 Philadelphia, 1915, page 63. 



2 Lassa Oppenheim, " International Law," 2d edition, London, 1912, Vol- 

 ume II., page I. 



3 Amos S. Hershey, " Essentials of International Public Law," New York, 

 1912, pages 323, 338. 



* A. Pearce Higgins, " The Hague Peace Conferences," Cambridge at 

 the University Press, 1909, pages 122-123. 



s Thomas Willing Balch, " Differends juridiques et politiques dans les 

 rapports des Nations : Revue Generale de Droit International Public," Paris, 

 1914, page 181. 



