Part 30

Of complex offences against person and reputation together: corporal insults, insulting menacement, seduction, and forcible seduction, simple lascivious injuries. Against person and property together: forcible interception, divestment, usurpation, investment, or destruction of property, forcible occupation or detainment of movables, forcible entry, forcible detainment of immovables, robbery.

As to offences against condition: conditions are either domestic or civil; domestic relations are either purely natural, purely instituted, or mixed. Of the first, we are concerned only with the marital, parental, and filial relations. Under the second head are the relations of master and servant, guardian and ward. In the case of master and servants, the headings of offences are much like those against property. Guardianship is required in the cases of infancy and insanity; again the list of offences is similar. The parental and filial relations, so far as they are affected by institutions, comprise those both of master and servant, and of guardian and ward; so that the offences are correspondent.

The relation of husband and wife also comprises those of master and guardian to servant and ward. But there are further certain reciprocal services which are the subject of the marital contract, by which polygamy and adultery are constituted offences in Christian countries, and also the refusal of conjugal rights.

From domestic conditions we pass to civil. Eliminating all those which can be brought under the categories of trusts and domestic conditions, there remain conditions, constituted by beneficial powers over things, beneficial rights to things, rights to services, and by corresponding duties; and between these and property there is no clear line of demarcation, yet we can hit upon some such conditions as separable. Such are rank and profession which entail specific obligations and rights--these are not property but conditions; as distinguished from other exclusive rights bestowed by the law, concerned with saleable articles (e.g., copyright), which convey not conditions, but property. So, naturalisation conveys the conditions of a natural born subject.

Public offences are to be catalogued in a manner similar to private offences.

My object has been to combine intelligibility with precision; technical terms lack the former quality, popular terms the latter. Hence the plan of the foregoing analysis has been to take the logical whole constituted by the sum of possible offences, dissect it in as many directions as were necessary, and carry the process down to the point where each idea could be expressed in current phraseology. Thus it becomes equally applicable to the legal concerns of all countries or systems.

The advantages of this method are: it is convenient for the memory, gives room for general propositions, points out the reason of the law, and is applicable to the laws of all nations. Hence we are able to characterise the five classes of offences. Thus, of private offences, we note that they are primarily against assignable individuals, admit of compensation and retaliation, and so on; of semi-public offences, that they are not against assignable individuals, and, with self-regarding offences, admit of neither compensation nor retaliation; to which a series of generalisations respecting each class can be added.

The relation between penal jurisprudence and private ethics must be clarified. Both are concerned with the production of happiness. A man's private ethics are concerned with his duty to himself and to his neighbour; prudence, probity, and beneficence. Those cases described as unmeet for punishment are all within the ethical, but outside the legislative, sphere, except the "groundless" cases, which are outside both. The special field of private ethics is among the cases where punishment is "unprofitable" or "inefficacious," notably those which are the concern of prudence. So with the rules of beneficence; but beneficence might well be made compulsory in a greater degree than it is. The special sphere of legislation, however, lies in the field of probity.

A work of jurisprudence is either expository of what the law is, or censorial, showing what it should be. It may relate to either local or universal jurisprudence; but if expository can hardly be more than local. It may be internal, or international, though there is very little law in international procedure; if internal, it may be national or provincial, it may be historical or living; it may be divided into statutory and customary, into civil and penal or criminal.

JEAN BLOCH

The Future of War

The son of humble Polish Jews, Jean Bloch, who was born in 1836, amassed a large fortune out of Russian railways. At the age of fifty he retired from business, and devoted himself to an exhaustive study of the conditions and possibilities of modern warfare. To this labour he gave eight years, and, in 1898, the fruits of it were published in a work of six volumes, in which he sought to prove that, owing to the immensity of modern armies, the deadliness of modern weapons, and the economic conditions that prevailed in the larger states, a great European war was rapidly becoming a physical impossibility. M. Bloch died on January 7, 1902, not before several of his theories had been tested by actual campaigning. His main argument, however, concerns a war on European frontiers between European powers, and such a war he did not live to witness.

I.--The Problem Stated

In the public and private life of modern Europe a presentiment is felt that the present incessant growth of armaments must either call forth a war, ruinous both for conqueror and for conquered, and ending perhaps in general anarchy; or must reduce the people to the most lamentable condition. Is this unique state of mind justified by possible contingencies?

It is true that the ruinousness of war under modern conditions is apparent to all. But this gives no sufficient guarantee that war will not break forth suddenly, even in opposition to the wishes of those who take part in it. Involuntarily we call to mind the words of the great Bacon, that "in the vanity of the world a greater field of action is open for folly than for reason, and frivolity always enjoys more influence than judgment."

War, it would appear from an analysis of the history of mankind, has in the past been a normal attribute of human life. The position now has changed in much, but still the new continues to contend with the old. With the innumerable voices which are now bound up in our public opinion, and the many different representatives of its interests, naturally appear very different views on militarism and its object--war. The propertied classes are inclined to confuse even the intellectual movement against militarism with aspirations for the subversion of social order; on the other hand, agitators, seeking influence on the minds of the masses, deny all existing rights, and promise to the masses more than the most perfect institutions could give them. And although the masses are slow to surrender themselves to abstract reasoning, and act usually only under the influence of passion, there can be no doubt that this agitation penetrates the people more and more deeply.

With such a position of affairs, it is necessary that influential and educated men should seriously attempt to give themselves a clear account of the effect of war under modern conditions; whether it will be possible to realise the aims of war, and whether the extermination of millions of men will not be wholly without result.

If, after consideration of all circumstances, we answer ourselves: "War with such conditions is impossible; armies could not sustain those cataclysms which a future war would call forth; the civil population could not bear the famine and interruption of industry"; then we might ask the general question: "Why do the peoples more and more exhaust their strength in accumulating means of destruction which are valueless even to accomplish the ends for which they are prepared?"

In recent times war has become even more terrible than before in consequence of perfected weapons of destruction and systems of equipment and training utterly unknown in the past. Infantry and artillery fire will have unprecedented force; smoke will no longer conceal from the survivors the terrible consequences of the battle. From this, and from the fact that the mass of soldiers will have but recently been called from the field, the factory, and the workshop, it will appear that even the psychical conditions of war have changed.

The thought of the convulsions which will be called forth by a war, and of the terrible means prepared for it, will hinder military enterprise. But, on the other hand, the present conditions cannot continue to exist for ever. The peoples groan under the burdens of militarism. We are compelled to ask: Can the present incessant demands for money for armaments continue for ever without social outbreaks? The position of the European world, the organic strength of which is wasted, on the one hand, in the sacrifice of millions on preparations for war, and, on the other, in a destructive agitation, which finds in militarism its apology and a fit instrument for acting on the minds of the people, must be admitted to be abnormal and even sickly. Is it possible that there can be no recovery from this? We are deeply persuaded that a means of recovery exists if the European states would but set themselves the question--in what will result these armaments and this exhaustion? What will be the nature of a future war? Can recourse be had to war even now for the decision of questions in dispute, and is it possible to conceive the settlement of such questions by means of the cataclysm which, with modern means of destruction, a war between five great powers with ten millions of soldiers would cause?

That war will become impossible in time is indicated by all. The more apposite question is--when will the recognition of this inevitable truth be spread among European governments and peoples? When the impossibility of resorting to war for the decision of international quarrels is evident to all, other means will be devised.

II.--How War Will Be Waged on Land

The bullet of the present day can kill at a vastly greater distance than the bullets fired during the Franco-German and Russo-Turkish campaigns. The powder now in use has not only far more explosive force than the old-fashioned powder, but is almost smokeless. The introduction of the magazine rifle has immensely increased the speed of firing. Moreover, the rifle is undergoing constant improvement, and becoming a more and more deadly weapon. It is easy, then, to see the following consequences from these changes: (1) The opening of battles from much greater distances than formerly; (2) the necessity of loose formation in attack; (3) the strengthening of the defence; (4) the increase in the area of the battlefield; and (5) the increase in casualties.

If we take rifle shooting alone into account, the length of range, the speed of fire, the better training of troops in the use of the rifle, and the invention of contrivances to aid markmanship, cause such effectiveness of fire that it would be quite possible for rival armies totally to annihilate each other. But a similar improvement has taken place in artillery. The introduction of the quick-firing gun has multiplied the speed of artillery fire many times over. The range has been increased by the perfecting of the structure of the guns, the use of nickel steel in the manufacture of projectiles, and the employment of smokeless powder of immense explosive force.

Artillery fire will now not only be employed against attacking troops, but even more against supporting bodies, which must necessarily advance in closer order, and among whom, therefore, the action of artillery will be even more deadly. We may well ask the question whether the nerves of short-service soldiers will stand the terrible destructiveness of artillery fire.

As a necessary consequence of the increase in the power of fire, we find the more frequent and more extended adoption of defences, and of cover for protection in attack and hampering the enemy. In addition, every body of men appointed for defence, and even for attack--if it is not to attack at once--must immediately entrench itself. The defenders, thus sheltered, and only requiring to expose their heads and hands, have an enormous advantage over the attacking party, which is exposed to an uninterrupted fire to which it can hardly reply.

In the opinion of competent military writers, the war of the future will consist primarily of a series of battles for the possession of fortified positions, which will further be protected by wire obstructions, pitfalls, etc., to overcome which great sacrifices must be made.

As infantry, even if weak in numbers, cannot be driven from an entrenched position without artillery fire, armies in future must find themselves mainly dependent upon artillery. If the defending artillery be equal in strength to that of the attackers, then the attacking artillery will be wiped out. If it be not equal in strength, then both may be wiped out. The losses will be so great that the artillery of both armies will be paralysed, or it might be that the artillery would inflict such heavy losses on the troops that the war would become impossible. Owing to smokeless powder, batteries of artillery are more exposed to the fire both of the enemy's artillery and of sharpshooters. A hundred sharpshooters at a distance of half a mile can, it is estimated, put a battery out of action in less than two minutes and a half. Let it be added that the high explosives used by modern artillery are extremely liable to explode, owing to being struck by the enemy, or owing to concussion caused by an enemy's shell, or to mishandling.