Page:Primitive Culture Vol 2.djvu/463

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ETHICS AND LAW.
449

survival, did not Jewish disabilities stand practically, and the wager of battle nominally, in our law of not many years back? But the point to be pressed here is, that the development and survival of law are processes that did not first come into action within the range of written codes of comparatively cultured nations. Admitted that civilized law requires its key from barbaric law; it must be borne in mind that the barbarian lawgiver too was guided in judgment not so much by first principles, as by a reverent and often stupidly reverent adherence to the tradition of earlier and yet ruder ages.

Nor can these principles be set aside in the scientific study of moral sentiment and usage. When the ethical systems of mankind, from the lowest savagery upward, have been analyzed and arranged in their stages of evolution, then ethical science, no longer vitiated by too exclusive application to particular phases of morality taken unreasonably as representing morality in general, will put its methods to fair trial on the long and intricate world-history of right and wrong.

In concluding a work of which full half is occupied by evidence bearing on the philosophy of religion, it may well be asked, how does all this array of facts stand toward the theologian's special province? That the world sorely needs new evidence and method in theology, the state of religion in our own land bears witness. Take English Protestantism as a central district of opinion, draw an ideal line through its centre, and English thought is seen to be divided as by a polarizing force extending to the utmost limits of repulsion. On one side of the dividing line stand such as keep firm hold on the results of the 16th century reformation, or seek yet more original canons from the first Christian ages; on the other side stand those who, refusing to be bound by the doctrinal judgments of past centuries, but introducing modern science and modern criticism as new factors in theological opinion, are eagerly pressing toward a new reformation. Outside these narrower limits, extremer