territory of a private individual to the territory of an entire kingdom,
collecting the isolated jurisdictions of every individual in barbarian
society, and uniting them all together in the recognized sovereign of a
consolidated nation.
Now, while it is true that 'the history of progress is the history of
successful struggles against coercion and authoritative direction, and
in favor of human spontaneity and free motion' (Slack); it is also true,
as we have seen in tracing the course of the administration of justice,
that 'the progress of civilization consists in the substitution of the
general for the individual will, of legal for individual resistance.'
(Guizot.)
The development of law, or of a general method, is the necessary result
of social interchange, through which thoughts and feelings become
contagious and mould a general will. In primitive society, individuals
are isolated, and it matters little to others what any individual does;
hence he is allowed to settle his own difficulties in his own way. He is
let alone in a way so terrible, that similar treatment would be social
death to a man of culture. We repeat, there is nothing like absolute
individuality, except among isolated and unsocial savages. In an
advanced state of society, human interests become interrelated--a
complete network of complexity; and what any particular individual does
becomes a matter of interest to many, since the many are, to a certain
extent, affected thereby. The individual of civilization has developed
relations external to himself, and his rights can only be secured and
his tastes and wants gratified by mutual understanding, cooeperation, and
combination. His individuality is of a far higher order than that of the
uncultivated man; and precisely because it is higher, does it develop
law as the embodiment of the general will, and require organization for
its expression. 'It is through association that the highest form of
individuation becomes possible; and nationality wisely developed will
terminate in a cosmopolitan identity of interests, and a general unity
founded upon a reciprocity of services among all the divisions of
mankind.' (Slack.)
It is owing to this same fact of the interrelation and dependence of
interests, that the movement of unitization has not stopped in Europe
with the organization of a distinct government for each nation. We have
observed that when primitive individuals develop relations with each
other, the
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