Admirable, however, as, in most respects, are the parts of Locke's
treatise which discuss the present relations of governors and governed,
his conception of the remote origin of political society is radically
false. "The first framers of the government," "the original frame of
the government" (ch. xiii.), have never had any existence except in
the minds of jurists and publicists. In the primitive stages of human
development, governments, like languages, are not made; they grow.
The observation of primitive communities still existing, combined
with the more intelligent study of ancient history, has led recent
writers to adopt a wholly different view of the _origin_ of government
(the question of the respective _rights_ of governors and governed
is not affected) from that which prevailed in the times of Hobbes,
Locke, and Rousseau. The family or the tribe (according to different
theories) is the original unit of society. Government, therefore, of
some kind or other must always have existed, and the "state of nature"
is a mere fiction. In course of time, the family or the tribe, by a
natural process of development, would, in many cases, become greatly
enlarged, or combine with other units like itself. Out of this growth
or aggregation would arise, in most cases gradually and insensibly,
the nation or state as known to later history. The constitution, the
"frame of government," has generally passed through stages similar to
those passed through by the state or nation. A body of custom must
gradually have grown up even in the most primitive societies. The
"customs" would be interpreted and so administered by the house-father
or head of the tribe. But, as the family or tribe changed its abode,
or had to carry on its existence under different circumstances, or
became enlarged, or combined with other families or tribes, the customs
would necessarily be modified, often insensibly and unconsciously.
Moreover, the house-father or head of the tribe might be compelled
or might find it expedient to act in concert with others, either as
equals or subordinates, in interpreting the customs, in taking measures
of defence, in directing military operations, or in providing for
the various exigencies of the common life. Here there is no formal
assent of the governed to the acts of the governors, in our sense of
those terms, though, undoubtedly, the whole family or tribe, or its
stronger members, might on rare occasions substitute one head for
another; no passage from the "state of nature" to political society;
no definitely constituted "frame of government." At a further stage,
no doubt, political constitutions were discussed and framed, but this
stage was long posterior to the period in the progress of society at
which men are supposed to have quitted the state of nature, selected
their form of government, and entered into an express contract with
one another to obey and maintain it. The fault of Locke, like that
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