y forms of more or less voluntary
association, economic, religious, and so forth. On the other hand,
outside the circle of the body politic there are, at all known stages
of society, mutual understandings that regulate war, trade, travel,
the celebration of common rites, the interchange of ideas. Here, then,
is an abundance of types of human association, to be first scrutinized
separately, and afterwards considered in relation to each other.
Closely connected with the previous subject is the history of law.
Every type of association, in a way, has its law, whereby its members
are constrained to fulfil a certain set of obligations. Thus our
student will pass on straight from the forms of society to the most
essential of their functions. The fact that, amongst the less civilized
peoples, the law is uncodified and merely customary, whilst the
machinery for enforcing it is, though generally effective enough, yet
often highly indefinite and occasional, makes the tracing of the growth
of legal institutions from their rudiments no less vitally important,
though it makes it none the easier. The history of authority is a
strictly kindred topic. Legislating and judging on the one hand, and
governing on the other, are different aspects of the same general
function. In accordance, then, with the order already indicated, law
and government as administered by the political society in the person
of its representatives, chiefs, elders, war-lords, priest-kings, and
so forth, must first be examined; then the jurisdiction and discipline
of subordinate bodies, such as the family and the clan, or again the
religious societies, trade guilds, and the rest; then, lastly, the
international conventions, with the available means of ensuring their
observance.
Again, the history of religion is an allied theme of far-reaching
interest. For the understanding of the ruder forms of society it may
even be said to furnish the master-key. At this stage, religion is
the mainstay of law and government. The constraining force of custom
makes itself felt largely through a magnifying haze of mystic
sanctions; whilst, again, the position of a leader of society rests
for the most part on the supernormal powers imputed to him. Religion
and magic, then, must be carefully studied if we would understand how
the various persons and bodies that exercise authority are assisted,
or else hindered, in their efforts to maintain social discipline. Apart
from this fundam
|