LAWS. 531 



sonally-derived law ; and this of necessity, since a formulated 

 inequality is implied by the compulsory cooperation of the 

 one, while, by the voluntary cooperation of the other, there is 

 implied a formulated equality. 



So that, having first differentiated from the laws of sup 

 posed divine origin, the laws of recognized human origin 

 subsequently re-differentiate into those which ostensibly have 

 the will of the ruling agency as their predominant sanction, 

 and those which ostensibly have the aggregate of private 

 interests as their predominant sanction ; of which two the last 

 tends, in the course of social evolution, more and more to 

 absorb the first. Necessarily, however, while militancy con 

 tinues, the absorption remains incomplete ; since obedience 

 to a ruling will continues to be in some cases necessary. 



534. A right understanding of this matter is so important, 

 that I must be excused for briefly presenting two further 

 aspects of the changes described : one concerning the accom 

 panying sentiments, and the other concerning the accompany 

 ing theories. 



As laws originate partly in the customs inherited from the 

 undistinguished dead, partly in the special injunctions of the 

 distinguished dead, partly in the average will of the undis 

 tinguished living, and p irtly in the will of the distinguished 

 living, the feelings responding to them, allied though differ 

 ent, are mingled in proportions that vary under diverse cir 

 cumstances. 



According to the nature of the society, one or other sanction 

 predominates ; and the sentiment appropriate to it obscures 

 the sentiments appropriate to the others, without, however, 

 obliterating them. Thus in a theocratic society, the crime of 

 murder is punished primarily as a sin against God ; but not 

 without there being some consciousness of its criminality as 

 a disobedience to the human ruler who enforces the divine 

 command, as well as an injury to a family, and, by implication, 

 to the community. Where, as among the Bedouins or in 

 93 



