THE NEEDS THAT GIVE RISE TO LAW.

Kipling's _Law of the Jungle_, in which he lays down the principles

by which the wolf pack secured united action in its hunting, names

the rules that apply almost universally to peoples in the savage

stage of society. According to the researches of the best

anthropologists, savages live in very loosely organized groups,

with no permanent ruler, no regular family law. Each separate

group has its totem, its general rules with reference to the

marriage relation, to hunting and fishing, to shelter and

protection. Practically there are no regular laws. The rules

fixed by custom deal primarily with the marriage relation and with

the securing of food and shelter. They are largely negative. If a

member of the group has met with a misfortune in a certain by-path

or from eating certain food or in other ways, by the action of the

leader of his group that path or that food becomes taboo, and from

that time on it is forbidden. The rules seem generally to be

largely the product of instinct or of experience, without any law

making, and they are enforced almost as instinctively by the common

consent of the people.

Twelve Studies on the Making of a Nation: The Beginnings of Israel's History · 第 130 / 182 题