eliefs, 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.
VI.
THE ATTITUDE OP THE CITIZENS TOWARD THE LAW.
Among savages, as has been said, there is no formulation of law.
There is the instinct of the individual to preserve his own life,
and there are rules that must be followed if the people are to
survive. As has been truly said: "The love of justice is simply in
the majority of men the fear of suffering injustice." The instinct
of preservation and sheer necessity compel the people almost
unconsciously to follow the rules of their leader.
In most patriarchal societies the fear of the god of the tribe, the
overpowering influence of custom and the unswerving directness of
the punishment of the man who violates it tend to prevent the
development of individuality and of independent thinking; and the
normal attitude of practically every person is to obey the customs
and the laws, although often those laws leave to the individual a
range of action not found in later civilized states. But as the
sense o
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