Formulated laws, and more especially written laws, appear comparatively
late. True, Asia has old examples of such; the Manava Dharma Shastra,
the book of laws of the Indian Manu, the Chinese Chings, the law of
Hammu Rabi, and that other law, akin to this, though not derived from
it, but probably drawn from a similar older source, the law of the
Pentateuch. The laws of Draco, Solon and Lycurgus and the Roman Twelve
table law are appreciably younger; much later still the _leges
barbarorum_ were written down, some of them, like the prescriptive Law
of the Germans set down in the "_Sachsenspiegel_," not till the end of
the Middle Ages. It is peculiar to most of the old Asiatic laws that
they contain both rules of conduct and legal regulations, and that they
do not differentiate between these two kinds of precepts.
Let us take one example: the Ten Commandments. Beside such positive
orders as "Thou shalt not steal"; "Thou shalt not kill"; "Honour thy
father and thy mother"; we find such as give rules for the character and
course of spiritual happenings, regarding which others cannot observe
whether they are obeyed or not, like the commandments respecting man's
relationship to God, or admonishing man not to covet his neighbour's
wife or goods. Those are subjective impulses, spiritual moods which are
revealed only to the eye of conscience as long as they do not betray
themselves in action, and which by their very nature cannot be the
subject of Law which deals only with outward manifestations of thought
and will, and is concerned only with things done.
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