The Continental Monthly, Vol. 3, No. 1 January 1863: Devoted To Literature And National PolicyVarious
History
The Continental Monthly, Vol. 3, No. 1 January 1863: Devoted To Literature And National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
Let us trace the course of one of the lines of political movement. In a
primitive society, as among the ancient Germans, each individual has
the right of avenging himself, of taking justice into his own hands,
and determining what the measure of satisfaction shall be. The right of
private war, derived from rude society, remained for a long time in
Western Europe, and pertained to the clergy as well as to laymen--a
custom which was withal not very Christian-like. A step beyond this, and
there was recognized a regular method of determining the amount of
satisfaction due for an injury: composition for crime became fixed. We
observe here a development from absolute individuality in the matter of
determining justice to the recognition of a conventionalism--a law which
was the product of the sense of many individuals acting, it may have
been, in some cases, without conscious concert, yet in a social and
cooeperative way. As mankind grew out of their original rude conditions,
they relinquished the individual prerogative of taking justice into
their own hands, and appealed therefore to a tribunal which was
recognized as adequate to this end, and the jurisdiction of which seems
to have had a constant tendency to enlarge its territorial limits. Thus,
for a time, the feudal barons claimed the final adjudication of all
difficulties among their own vassals; but, gradually, dissatisfied
clients appealed to the king, who encouraged them to do so, and at
length the throne became the universally recognized centre and source of
all formal justice.
This was a movement occupying centuries for its consummation, a movement
which extended the jurisdiction of the tribunal of justice from the
territory of a private individual to the territory of an entire kingdom,
collecting the isolated jurisdictions of every individual in barbarian
society, and uniting them all together in the recognized sovereign of a
consolidated nation.
Now, while it is true that 'the history of progress is the history of
successful struggles against coercion and authoritative direction, and
in favor of human spontaneity and free motion' (Slack); it is also true,
as we have seen in tracing the course of the administration of justice,
that 'the progress of civilization consists in the substitution of the
general for the individual will, of legal for individual resistance.'
(Guizot.)
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account