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.