The eighteenth century Neapolitan philosopher Giambattista Vico wrote in his New Science (1725) about historical cycles (ricorsi) through which mankind progressed with eternal repetitions. Vico's cycles were not simple wheel spinning. Rather, he saw mankind engaged in a slow ascent: something like the march of the Ottoman Janissaries – two steps forward, and one to the side. Some generations would repeat the failings and mistakes of their forefathers; others would inch forward, and sometimes human progress would move in a lurch. Law in general, and the law of nations in particular, seems these days in a step to the side – if not backwards. This move has been driven by individuals who present themselves as scholars, but who are not. It has been driven by fear and by ignorance or willful disregard of our own history. The deterioration of policies governing the treatment of detainees in war time is a startling example.

In a recent statement issued in opposition to the nomination of Alberto Gonzales to serve as attorney general, a group of twelve retired generals and admirals questioned the nominee's legal judgment. In his decision to depart from traditional patterns of interpretation and application of the Geneva Conventions, the military leaders said, Gonzales had placed himself squarely on the “wrong side of history.” The comment was more than fair.