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s us to remit this difficulty to a pre-existing period in nature, where other instincts and powers than our present ones may perhaps have come into play, and where our imagination can hardly travel. At any rate, for the present I may assume these two steps in human progress made, and these two conditions realized. The rest of the way, if we grant these two conditions, is plainer. The first thing is the erection of what--we may call a custom-making power, that is, of an authority which can enforce a fixed rule of life, which, by means of that fixed rule, can in some degree create a calculable future, which can make it rational to postpone present violent but momentary pleasure for future continual pleasure, because it ensures, what else is not sure, that if the sacrifice of what is in hand be made, enjoyment of the contingent expected recompense will be received. Of course I am not saying that we shall find in early society any authority of which these shall be the motives. We must have travelled ages (unless all our evidence be wrong) from the first men before there was a comprehension of such motives. I only mean that the first thing in early society was an authority of whose action this shall be the result, little as it knew what it was doing, little as it would have cared if it had known. The conscious end of early societies was not at all, or scarcely at all, the protection of life and property, as it was assumed to be by the eighteenth-century theory of government. Even in early historical ages--in the youth of the human race, not its childhood--such is not the nature of early states. Sir Henry Maine has taught us that the earliest subject of jurisprudence is not the separate property of the individual, but the common property of the family group; what we should call private property hardly then existed; or if it did, was so small as to be of no importance: it was like the things little children are now allowed to CALL their own, which they feel it very hard to have taken from them, but which they have no real right to hold and keep. Such is our earliest property-law, and our earliest life--law is that the lives of all members of the family group were at the mercy of the head of the group. As far as the individual goes, neither his goods nor his existence were protected at all. And this may teach us that something else was lacked in early societies besides what in our societies we now think of. I do not think I
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