rule was evolved, by which States can only be
bound by rules to which they have consented.
The author stresses that International law is bind
ing on all States, and that therefore the claim of
Asian and African States, that, as international
law developed in Europe without their consent,
they are free to consider as binding only those
notions which they consider just, is completely
rejected. It is unfortunate that the desirable pro
cess of codification has been slow to produce
results. It seems reasonable to believe, from all
evidence available, such as Government state
ments and legislation of national parliaments, the
decisions of International Courts are the best
evidence available of the existence of the rules of
international law. The theory of Monism founded
on Natural Law, and based on the notion of a
Universal Legal Order, aids the adoption theory,
by which
international
law
is
automatically
adopted as part of municipal
law, but un
fortunately
this
is not
the case
in
Ireland.
The
author
also
stresses
that,
in
an
international
community.
Judicial
settlement
is the exception rather than the rule, and that
most disputes are
the subject of diplomatic
negotiation
and
settlement. There are
four
interesting chapters on International organisation,
followed by a final chapter on "The Use of Force
by the State;" this deals with such problems as
"The Right to Wage War," "Self-Defence," and
Civil Wars such as the Vietnam War. In con
clusion, there is a warning that a lawyer must
not be too legalistic, but must try to understand
political tensions. The book is well written and
readable; it is illustrated by many cases of English
and American international law. Despite the in
tricacy of the subject, the author has gone to
much trouble to endeavour to explain the points
clearly.
This
is
strongly
recommended
to
practitioners who wish to learn the most con
temporary views on the subject.
C. G. D.
Their Good Names—Being 12 Cases of Libel and
Slander with some Introductory Reflections on
the Law
by H. Montgomery Hyde. 8vo. Pp. 406.
London, Hamish Hamilton, 1970.E3.15
(63/-).
Mr. Montgomery Hyde is a very prolific writer,
being the author of 35 books, including "The
Trial of Oscar Wilde," "The Trial of Roger
Casement," "Sir Patrick Hastings," "Carson,"
"Norman Birkett" and "Lord Reading"—he was
thus exceptionally well equipped to undertake an
account of a dozen famous defamation cases, and
he writes in a most readable manner not merely
of
the
famous
lawyers, but of
the exciting
atmosphere surrounding each case. The first case
concerned Oscar's father, Sir William Wilde; he
and Lady Wilde were defendants in a libel action
in 1864 in which Mary Travers, daughter of the
Professor of Medical Jurisprudence in Trinity,
alleged she had been defamed in a letter; after
a six day trial, she obtained the devisory damages
of one farthing. The painter Whistler alleged he
had been libelled by one of John Ruskin's art
criticisms; after a
two day trial he was also
rewarded with one farthing's damages in 1878.
In the Tranby Croft affair, William Gordon-
Cumming was accused by his host at a house
party, Arthur Wilson, and four others of cheating
at Baccarat; he took an action for slander, which
lasted seven days and in which the Prince of Wales
was a witness on his behalf; nevertheless the jury
gave a verdict for the defendants. The next case
concerned Alfred Monson, who
obtained
a
verdict of "Not proven" in Edinburgh after a ten
day trial in which he had been accused of shoot
ing another; his wax
figure was subsequently
exhibited in Madame Tussaud's and he took an
action for libel in 1895 which lasted three days
and in which he was awarded the traditional
farthing's damages. He was subsequently involved
in 1898 in a trial for conspiring to defraud, con
victed and sentenced to 5 years. The action which
William Lever, the famous soap manufacturer,
brought against the Daily Mail and all publica
tions of Associated Newspapers in 1907 for alleg
ing that a proposed trust set up by the plaintiff
was exploiting the consumer by cornering a raw
materials market, ended very happily for the
plaintiff; he was offered £220,000 damages in the
course of the trial, which he accepted; amongst
his counsel were Carson and F. E. Smith. In 1923,
Lord Alfred Douglas, who had been involved in
the Oscar Wilde case, had to stand a criminal
trial for libelling Winston Churchill, by stating
that he obtained a bribe to disseminate false in-
216