It is a commonplace that legal agencies for protecting the persons and
properties of members of a community, and for redressing wrongs which
they suffer, did not always exist. Legal institutions derive from
an earlier period when the right of self-help obtained. If a person
was harmed, it was strictly up to him what he should do to get even.
Injuring another and exacting a penalty for an injury received were
private transactions. They were the affairs of those directly concerned
and nobody else’s direct business. But the injured party obtained
readily the help of friends and relatives, and the aggressor did
likewise. Hence consequences of the quarrel did not remain confined to
those immediately concerned. Feuds ensued, and the blood-quarrel might
implicate large numbers and endure for generations. The recognition
of this extensive and lasting embroilment and the harm wrought by it
to whole families brought a public into existence. The transaction
ceased to concern only the immediate parties to it. Those indirectly
affected formed a public which took steps to conserve its interests by
instituting composition and other means of pacification to localize the
trouble.
The facts are simple and familiar. But they seem to present in
embryonic form the traits that define a state, its agencies and
officers. The instance illustrates what was meant when it said that
it is fallacy to try to determine the nature of the state in terms
of direct causal factors. Its essential point has to do with the
enduring and extensive consequences of behavior, which like all
behavior proceeds in ultimate analysis through individual human beings.
Recognition of evil consequences brought about a common interest which
required for its maintenance certain measures and rules, together with
the selection of certain persons as their guardians, interpreters, and,
if need be, their executors.
Public-domain text, read in full here on John Shaqi.
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