he pastoral, agricultural and industrial stages
into the tribe and state, with the development of religion and the
growing sense of right and of responsibility to one's fellow men,
this religious sanction of the law still abides. In the earlier
days the sanction was due to fear of the vengeance of the gods. In
later society it is the sense of right and justice and love for
one's fellow men, springing from the firm belief in the divine
creation and direction of the universe and in God's care for men.
But as this sense of fear or right or justice or love, associated
with a Being felt to be divine, is not universal, inasmuch as many
members of society are found ready to act selfishly, taking the law
into their own hands, force is needed in all stages of society to
put the rules and laws into effect. With every law, as Austin
says, must go a penalty. But as society grows more and more humane
the sense of obligation of each individual for the welfare of his
fellows grows, until in the best society laws are made and obeyed
by most citizens, not from a sense of fear of punishment, but
mainly out of goodwill to others. A sense of justice prevails and
the sanction of law becomes not so much fear of the penalty
imposed, as the moral and religious sense of the individual and of
society. Why, for example, do you obey the law against stealing?
IV.
MOSES' RELATION TO THE OLD TESTAMENT LAWS.
The Hebrew laws given in the Old Testament are generally known as
the laws of Moses, and the assumption of many readers in earlier
years has been that the different codes were practically formulated
by Moses himself. The subsequent study of the Old Testament long
ago suggested to many that this view may be mistaken. The oldest
records of his work and the fact that, as creator of the Hebrew
nation after the Exodus and as leader and prophet be rendered
important judicial decisions, have well justified the belief that
he was the real founder of what is called the Mosaic Law. As
stated in Exodus 18, he did actually formulate the principles by
which decisions were made by the rulers whom he appointed over
thousands and over hundreds, fifties and tens. He may have even
put into form the principles found in the earliest decalogues.
Moreover, as the Israelites in their later history were led to
formulate new rules of action, they based these upon the principles
of justice, religion and civil equality found in the earlier
decalogues. W
|