avid, dividing the spoil
after his victory over the Amalekites, established a precedent that
henceforth had binding force upon his followers (I Sam. 30); but in
the majority of such cases the ruler, even when be establishes new
precedents, represents himself as simply interpreting ancient
custom.

As society becomes more and more complex and the interests of
individuals and classes in society clash, besides the judges we
find legislatures making new rules in the form of law. In the
earlier communities practically all law relates to the preservation
of life and of the tribe. Later, as the tribe enters the pastoral
state, private property is established and laws for its care are
made. Still later, with the development of a higher civilization
and with the individual conscience stimulating men to care for the
welfare not merely of their family, but of their nation,
legislation considers primarily the welfare of society. Yet, as
one of our great judges has lately explained, in practically all
stages of society, whenever the population becomes numerous and
business is so developed that we may recognize different classes in
a community, legislation has been primarily in the interests of a
ruling class, often at the expense of the other classes. This
principle is illustrated by certain of the later Jewish ceremonial
laws that brought to the priests a large income at the expense of
the people. Many laws in Europe and in the United States to-day
have been made clearly in the interests of certain classes in
society. Can you think of some?

III.

THE AUTHORITY UNDERLYING ALL LAW.

Back of all laws and rules, as the fundamental consideration,
whether consciously expressed in laws or carried out instinctively,
lies the welfare of society. Among the wolves the pack that is
best disciplined by the strongest and most successful leader is the
one that survives. In the earlier savage groups the rules which
guided united action grew up as a result of successful experience
in securing food and warding off enemies. Among them the less
disciplined, the less intelligently directed groups perish.

Through his fear of the unknown, stimulated by the terrible
vindications of nature's laws, when poison and pestilence and
storms and floods do their deadly work, the savage feels the
presence of unknown forces that he calls gods, and he thus gives to
his rules of action the sanction of divinity. And as society
develops through t