Elements of Folk Psychology: Outline of a Psychological History of the Development of MankindWundt, Wilhelm Max
Science
Elements of Folk Psychology: Outline of a Psychological History of the Development of Mankind
Wundt, Wilhelm Max
Ethnopsychology
The transition from custom to law reflects the joint influence of
_two_ factors, which, particularly at the outset, were themselves
closely connected. The first of these factors consists in the rise
of firmly established forms of rulership, which are indicative also
of the transition leading to _States_; the other is the _religious_
sanction which was attached to those regulations that were singled out
by the law from the broader field of custom. Both factors indicate
that the heroic age properly marks the origin of the legal system,
even though it be true that all such changes are gradual and that
occasional beginnings of the legal system, therefore, may be found at
an earlier period, in connection with the very ancient institution
of chieftainship. As regards the external social organization and
the religious life of the heroic age, these are characterized,
respectively, by the development of strict forms of rulership and by
the origin of a deity cult. Each of these social phenomena reinforces
the other. The kingdom of the gods was but the terrestrial State
projected into an ideal sphere. No less was the development of the
legal system dependent upon the union of the two factors. Neither the
external force of the political authority governing the individual nor
the inner constraint of religious duty sufficed in itself to establish
the tremendous power characteristic of the legal system from early
times on. It is true that, at a later period, the feeling that law
represents a religious duty gave way to the moral law of conscience.
The latter, however, itself owes its origin to the increasing influence
of the political authority which is at the basis of the legal system;
moreover, as an inner motive reinforcing the external compulsion of
the law, it continued to preserve a similarity to the religious source
from which it sprang. True, a significant change occurred. During the
early stages of legal development, the weight of emphasis fell on
the religious aspect of law, whereas it later more and more shifted
to the political side. At first, the entire body of law was regarded
as having been given directly by the deity, as was the case, for
example, with the Ten Commandments of Moses and with the Israelitic
Priests' Code, which clothes even the most external modes of life
in the garb of religious commands. Sometimes a twofold credit is
given for the introduction of the legal system, in that the one who
wields the power is regarded as administering justice both in his own
name and as commissioned by the gods. An illustration of this is the
Babylonian code of Hammurabi. It is, naturally, when the priests wield
the authority that the laws are most apt to be ascribed exclusively to
the gods. The tendency, on the other hand, to give the ruler a certain
amount of credit for legislative enactments, is greatest whenever the
ruler occupies also the position of chief priest. The direct impetus to
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