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Despite the historical metaphysics of the national spirit, law in the eyes of the historical school is will rather than reason. The opinio juris, or belief that a state activity is legally obligatory, is the factor which turns the usage into a custom and renders it part of the rules of international law. Efforts at the rational management of society through scientific principles has generated the side effect of a permanent, self-perpetuating bureaucracy operating on the basis of this formal rationality, but one where the bureaucracy, operating according to formalized, impersonal rules and institutional mechanisms, has become an end unto itself.
Publisher: Routledge (November 23, 2015)
Law's moral dimension provides a standard of legal validity based on natural law. Blackstone's natural law founds justice on the eternal and immutable laws of good and evil to which the creator himself conforms. God is a being of infinite power, infinite wisdom, and infinite goodness , e.g. supportivehealth.com. UK, 34 ECtHR (2002) 11, at paras 55–66, where the ECtHR held that the prohibition against violations of fundamental norms of international law, including jus cogens, had to be interpreted in a way which did not violate other accepted norms of international law, such as state immunities. ↵ 103 See, e.g., O’Neill, ‘A New Customary Law of Head of State Immunity?: Hirohito and Pinochet’, 38 Stanford J Int’l L (2002) 289, at 297, where the author claims that the customary law on head of state immunity has become ‘undefined and vague’. ↵ 104 See, e.g., Singerman, ‘It's Still Good to be the King: An Argument for Maintaining the Status Quo in Foreign Head of State Immunity’, 21 Emory Int’l L Rev (2007) 413, at 429–440, citing the ICTY and ICTR as two of the factors contributing to a possible shift in the international law regarding head of state immunity; O’Donnell, ‘Certain Criminal Proceedings in France (Republic of Congo v supportivehealth.com.
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