FREE BOOKS

Author's List




PREV.   NEXT  
|<   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44  
45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   >>   >|  
e class of codes I have been describing. Their value did not consist in any approach to symmetrical classifications, or to terseness and clearness of expression, but in their publicity, and in the knowledge which they furnished to everybody, as to what he was to do, and what not to do. It is, indeed, true that the Twelve Tables of Rome do exhibit some traces of systematic arrangement, but this is probably explained by the tradition that the framers of that body of law called in the assistance of Greeks who enjoyed the later Greek experience in the art of law-making. The fragments of the Attic Code of Solon show, however, that it had but little order, and probably the laws of Draco had even less. Quite enough too remains of these collections, both in the East and in the West, to show that they mingled up religious, civil, and merely moral ordinances, without any regard to differences in their essential character; and this is consistent with all we know of early thought from other sources, the severance of law from morality, and of religion from law, belonging very distinctly to the _later_ stages of mental progress. But, whatever to a modern eye are the singularities of these Codes, their importance to ancient societies was unspeakable. The question--and it was one which affected the whole future of each community--was not so much whether there should be a code at all, for the majority of ancient societies seem to have obtained them sooner or later, and, but for the great interruption in the history of jurisprudence created by feudalism, it is likely that all modern law would be distinctly traceable to one or more of these fountain-heads. But the point on which turned the history of the race was, at what period, at what stage of their social progress, they should have their laws put into writing. In the western world the plebeian or popular element in each state successfully assailed the oligarchical monopoly, and a code was nearly universally obtained _early_ in the history of the Commonwealth. But in the East, as I have before mentioned, the ruling aristocracies tended to become religious rather than military or political, and gained, therefore, rather than lost in power; while in some instances the physical conformation of Asiatic countries had the effect of making individual communities larger and more numerous than in the West; and it is a known social law that the larger the space over which a particular set of i
PREV.   NEXT  
|<   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44  
45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   >>   >|  



Top keywords:
history
 
larger
 

making

 

religious

 

progress

 

modern

 

obtained

 

distinctly

 

societies

 
ancient

social
 

traceable

 

turned

 

fountain

 

western

 
writing
 

period

 

jurisprudence

 
approach
 

consist


community

 

majority

 

describing

 

plebeian

 
created
 

interruption

 

sooner

 

feudalism

 

element

 

conformation


Asiatic
 
countries
 
effect
 

physical

 

instances

 
individual
 

communities

 

numerous

 

gained

 
monopoly

universally

 
Commonwealth
 

oligarchical

 

assailed

 

symmetrical

 
successfully
 
mentioned
 
military
 

political

 
ruling