86 SOCIAL HEREDITY AND SOCIAL EVOLUTION 



methods of settlement were a necessity for a lasting 

 union, and in times of common danger, when the need 

 of union was apparent, they certainly did arise 

 among intelligent men. Likely enough at first the old 

 system of family feuds and retaliation in kind would 

 appear again when the immediate danger was passed 

 and the necessity for union became less apparent. 

 But even though temporary, such unions gave an im- 

 petus toward wider range of duties and brought into 

 existence a broader system of customs which regu- 

 lated the relations of families to each other. As 

 these unions of families became more lasting, not 

 breaking up at the close of the pressing need, the 

 customs became more permanent and eventually 

 developed into a code of unwritten law for these 

 early tribes. Quarrels that could be settled by resort 

 to tribunals or to kings ended commonly without con- 

 flict. Wars still arose, largely because there were 

 no tribunals for the settlement of the disputes of 

 kings; although sometimes even these were avoided 

 by resort to religious tribunals, like the Druids of the 

 Gauls or the Roman Church of later centuries. 



Morals and Laws. — There thus arose two different 

 sets of customs regulating human relations, both 

 involving restraint upon the free action of individ- 

 uals. The one arose within the family and produced 

 what we commonly call morals, while the other arose 

 outside the family and eventually developed into Imu. 

 The former have never been definitely formulated 

 but have been based upon custom. The latter have 

 acquired a more and more definite meaning in suc- 

 cessive stages of society, and have shown a general 

 tendency to be distinctly formulated. They were at 

 first probably rules that had force only in times of 



