But, whatever to a modern eye are the singularities of these Codes,
their importance to ancient societies was unspeakable. The
question--and it was one which affected the whole future of each
community--was not so much whether there should be a code at all, for
the majority of ancient societies seem to have obtained them sooner or
later, and, but for the great interruption in the history of
jurisprudence created by feudalism, it is likely that all modern law
would be distinctly traceable to one or more of these fountain-heads.
But the point on which turned the history of the race was, at what
period, at what stage of their social progress, they should have their
laws put into writing. In the western world the plebeian or popular
element in each state successfully assailed the oligarchical monopoly,
and a code was nearly universally obtained _early_ in the history of
the Commonwealth. But in the East, as I have before mentioned, the
ruling aristocracies tended to become religious rather than military
or political, and gained, therefore, rather than lost in power; while
in some instances the physical conformation of Asiatic countries had
the effect of making individual communities larger and more numerous
than in the West; and it is a known social law that the larger the
space over which a particular set of institutions is diffused, the
greater is its tenacity and vitality. From whatever cause, the codes
obtained by Eastern societies were obtained, relatively, much later
than by Western, and wore a very different character. The religious
oligarchies of Asia, either for their own guidance, or for the relief
of their memory, or for the instruction of their disciples, seem in
all cases to have ultimately embodied their legal learning in a code;
but the opportunity of increasing and consolidating their influence
was probably too tempting to be resisted. Their complete monopoly of
legal knowledge appears to have enabled them to put off on the world
collections, not so much of the rules actually observed as of the
rules which the priestly order considered proper to be observed. The
Hindoo code, called the Laws of Menu, which is certainly a Brahmin
compilation, undoubtedly enshrines many genuine observances of the
Hindoo race, but the opinion of the best contemporary orientalists is,
that it does not, as a whole, represent a set of rules ever actually
administered in Hindostan. It is, in great part, an ideal picture of
that which, in the view of the Brahmins, _ought_ to be the law. It is
consistent with human nature and with the special motives of their
authors, that codes like that of Menu should pretend to the highest
antiquity and claim to have emanated in their complete form from the
Deity. Menu, according to Hindoo mythology, is an emanation from the
supreme God; but the compilation which bears his name, though its
exact date is not easily discovered, is, in point of the relative
progress of Hindoo jurisprudence, a recent production.
Public-domain text, read in full here on John Shaqi.
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