This would above all be the case if, reasoning by analogy, we
provisionally accept, as the probable nearest approach to man’s
direct ancestors, the actual Anthropoids. These, such as the Gorilla,
are undoubtedly amongst the most unsocial of animals as regards the
attitude of the adult males _inter se_. From the very difficulty of
the problem of the congregation of such creatures in friendly unison
within the group, we may infer that, in its solution, there will be
found the key to the whole question of the Ascent from Brute to Man.
In that ascent, Habit, the parent of Law, must have been conquered,
and modified into the direction of novel Custom, a shock to the older
economy of life. Again, the new rule of conduct, necessarily inchoate
(considering the presumed feeble intellectuality of the creatures
concerned, animals more or less brutish) must yet be of facile
interpretation to its subjects, though, as befits _Homo alalus_, it
must have been quite mute in operation. The new Rule of Conduct would
not be expressed in terms of speech, a function, _ex hypothesi_ not
yet evolved. The rule, as it was to my mind, I here propose to attempt
to unfold as the ‘Primal Law;’ hoping to show that therein lay the
beginning of law and order, and that, whilst itself arising in a
natural manner, in its incidental creation of a first standard of a
possible right and wrong, it laid, so to speak, one of the foundations
of that moral sense, which has seemed to place so wide a space between
man and other creatures.
The prior existence of this law, in the semi-brutish stage of our
physical and ethical evolution, might have been deductively evolved,
even if no traces of it had remained to our day. It will be, however,
my endeavour to point out that evidence of its existence (abundant
as it appears to me) is to be found in certain obscure customs which
are common to most actual savage races. The customs of so-called
‘avoidance’ between near relations will have the principal interest
for us, although primitive marriage and inheritance will be found of
corroborative value. Survivals and myths can be shown to point to the
undeniable occurrence of this ‘Primal Law’ in the earlier life-history
of the non-civilised peoples. The myths, however, may be merely early
guesses about the unknown past of the race.
Public-domain text, read in full here on John Shaqi.
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