THE DEVELOPMENT OF MODERN LAW.

Not merely the Hebrews, but practically all ancient nations ascribe

the origin of their laws either to a deity or to some great

ancestral hero. As already noted, the code of Hammurabi is

represented as having been given to him directly by the god

Shamash. In the early days of Greek history, the laws of Solon and

Draco were formulated. In India we find the laws of Manu, in China

the teachings of Confucius, and so on throughout all of the great

nations. In some instances, doubtless, many of the laws were

actually formulated under the direction of the person to whom they

are ascribed; but in many others, as perhaps in the case of the

Mosaic code, there was some great judge or king under whose

direction certain principles were laid down and simple laws or

precedents established, and as a result all later developments were

ascribed to him.

In modern times, when legislative bodies are found in limited

monarchies as well as in republics, the methods of legislation are

necessarily different. Although chosen bodies of men come together

to legislate for the benefit of society, as represented by the

state, there is still a normal tendency for the ruling class to

feel that it is to a great extent the state, and it does not forget

its own needs. This class legislation was doubtless existent to a

certain extent even when the laws, supposed to be of divine origin,

were formulated by prophets and priests, for the real public

character of the laws was dependent primarily upon the unselfish

beliefs, social and religious, of the writers, whether kings or

priests. No one is able to free himself entirely from the

influence of class prejudice.

Like the legislatures the courts even are also the product of their

times, though naturally conservative. No law can long exactly fit

changing conditions. The judge must adapt a law made by one

generation to the needs of the next. In so doing he bends it to

suit his times, and to further the welfare of his state.

If aeroplanes carrying goods from Pennsylvania to New York over the

State of New Jersey let them fall and damage the property of a

resident of New Jersey, can our courts invoke the Interstate

Commerce Law made before aeroplanes were invented?

And yet there has been throughout the individual history of each

nation a gradual improvement in the living conditions of the masses

of people, even in the tribal state. As it proved more profitable

to preserve a worker than to kill him, captives in war were not

slain, but enslaved. As society became more settled, the custom of

personally avenging one's wrong by slaying an enemy was modified.

Cities of refuge were established, where innocent victims might

escape the avengers. All down through the ages there has been a

growing tendency to adapt the punishment to the crime, to temper

justice with mercy, to realize that the aim of all law is not

vengeance or punishment, but the promotion of the best interests of

society through the wise administration of justice.

Twelve Studies on the Making of a Nation: The Beginnings of Israel's History · 第 138 / 182 题