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CHAPTER III.
We have seen in the previous chapter how law originated in established usage and custom, and how from the beginning it has represented a skilful mixture of social habits, necessary to the preservation of the human race, with other customs, imposed by those who used popular superstition, as well as the right of the strongest, for their own advantage. This double character of law has determined its later development during the growth of political organization. Whilst in the course of ages the nucleus of social custom inscribed in law has been subjected to but slight and gradual modifications, the other portion has been largely developed in directions indicated by the interests of the dominant classes, and to the injury of the classes they oppress. From time to time these dominant classes have allowed a law to be extorted from them which presented, or appeared to present, some guarantee for the disinherited. But then such laws have but repealed a previous law, made for the advantage of the ruling caste. “The best laws,” says Buckle, “were those which repealed the preceding ones.” But what terrible efforts have been needed, what rivers of blood have been spilt, every time there has been a question of the repeal of one of these fundamental enactments serving to hold the people in fetters. Before she could abolish the last vestiges of serfdom and feudal rights, and break up the power of the royal court, France was forced to pass through four years of revolution and twenty years of war. Decades of conflict are needful to repeal the least of the iniquitous laws, bequeathed us by the past, and even then they scarcely disappear except in periods of revolution.
The history of the genesis of capital has already been told by Socialists many times. They have described how it was born of war and pillage, of slavery and serfdom, of modern fraud and exploitation. They have shown how it is nourished by the blood of the worker, and how little by little it has conquered the whole world. The same story, concerning the genesis and development of law has yet to be told. As usual, the popular intelligence has stolen a march upon the men of books. It has already put together the philosophy of this history, and is busy laying down its essential landmarks.
