In the beginning, therefore, there was Morality, and the first laws,
which formulated its precepts either in oral tradition or in writing,
recommended without distinction what was good and desirable, and what
was necessary and expedient. The differentiation of the Morality, which
the commonwealth felt to be its code of right and wrong, into Custom and
Law took place in late times. It was most definite in Rome, where for
the first time a clear distinction was made between men's relation to
their gods and their relation to one another; the former was left to the
individual's conscience, the latter subjected to the power of the State;
the elements of feeling and of dim perception were banished from the Law
which confined its attention to deeds which it regulated in a
high-handed manner. Law chose from out the all-embracing sphere of
Morality one narrow area, that of mankind's immediate, material
interests, and took this as its sole theme. The object of all Morality
is to enable men to live together in a community peacefully and
prosperously; within the bounds of this more general purpose, the task
of the Law is to suppress by force the grosser hindrances to this
harmony among individuals, and by material means of coercion
emphatically oblige everyone to respect the interests of his neighbour.
What every responsible man of sound mind demands first and foremost is a
proper respect for the possessions that are his by birth and
acquisition, that is for his life, for his bodily welfare, for all the
goods he owns that minister to his needs, his comfort and his pleasure.
He who lays violent hands on these possessions, or threatens to endanger
them, is recognized to be an enemy; man arms himself against such an
one, fights against him, tries, if he have a strong character, to
destroy him, or flees from him if he is too weak to triumph over him;
man only yields to such an one if he simply cannot help himself, but he
does so with hatred and revenge in his heart, and in a state of mind
which, if it becomes fairly widespread, sets every man's hand against
his fellow-men and leads to the ruin and even to the dissolution of the
community. Hence the task of Law is effectively to protect the
individual from the infringement of his rights by others. It places the
organized forces of the community at the service of the individual whose
interests are threatened, for the criminal law penalizes more or less
severely attempts against life and health, unlawful seizure of property
whether by force or cunning, malicious molestation and offence; the laws
of commerce keep watch over the faithful fulfilment of contracts dealing
with the fair exchange of goods or the execution of work, and in case of
need enforce it.
Public-domain text, read in full here on John Shaqi.
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