Page:Struggle for Law (1915).djvu/71

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Origin of the Law


peaceable, gentle evolution of the principles of law from the inner consciousness of popular conviction, my own hypothesis, which is diametrically opposed to his; and it will have to be granted to me that, to say the least, it has in its favor, the analogy of what we can see of the historical development of law, and as I believe, the advantage, likewise, of greater psychological probability. Primitive times! It was once the fashion to deck them out in every beautiful quality: truth, frankness, fidelity, simplicity, religious faith; and in such soil, principles of law would certainly have been able to thrive without any other force to assist their growth than the power of the conviction of right: they would not have needed the sword, nor even the unassisted arm. But to-day we all know that the pious and hoary past was noted for qualities the very opposite of these, and the supposition that they were able to get their principles of law in an easier manner than all later generations can scarcely expect to be credited now. For my part, I am convinced that the labor

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