70:11.2

Law is always at first negative and prohibitive; in advancing civilizations it becomes increasingly positive and directive. Early society operated negatively, granting the individual the right to live by imposing upon all others the command, “you shall not kill.” Every grant of rights or liberty to the individual involves curtailment of the liberties of all others, and this is effected by the taboo, primitive law. The whole idea of the taboo is inherently negative, for primitive society was wholly negative in its organization, and the early administration of justice consisted in the enforcement of the taboos. But originally these laws applied only to fellow tribesmen, as is illustrated by the later-day Hebrews, who had a different code of ethics for dealing with the gentiles.

← Previous paragraphNext paragraph →