oiri.iNKs or socioi.ixiY. 81 



peal 1«» sui»riiialunil (lf(isii>ii is always ju-rmittod, and tluis 

 we liavo tlir (»riuiii ot" trial by ordeal. 



Ci-iininal law in tin- lii,i,dii.'r stay;(.'s of society need not l)f 

 (.•liamtterized, l>ut certain lines of evolution may be pointed 

 out. The «;roui>s in wliieli marriage is proliibited, Ki^''"K 

 rise to the erime of incest, change from artificial groups to 

 groups cofistituted by degrees of consanguineal kinship, 

 male and female. Thus ela.ssifications by artificial and 

 analogous characteristics give place to ela.ssifications by os- 

 .>;ential and homologic characteristics. CJradually too, in 

 the progress of society, from the earliest to the latest stages, 

 the motive of the murderer is considered, and accidental 

 killing antl maiming are ditierentiated from willful murder 

 and other personal injuries, and such willful injuries being 

 es.sential crimes are, in the higher stages of .society, not com- 

 pounded or atoned for by substitution. 



In the crimes which come from the unlawful acquisition of 

 property the punishment l)y multi[)le restitution found in 

 the lower states is superseded by lines which go to the state 

 and by imprisonment. In the lower stages of society 

 property crimes are thefts ; in the higher stages, property 

 crimes are thefts and frauds. 



In the lower stages of society a large body of the crime 

 is witchcraft, and tins gradually disappears with the progress 

 of culture. It should be noticed that in early society there 

 is a very large body of artificial crimes — especially those 

 relating to .sorcery. 



Again, there is a large body of such artificial crimes re- 

 lating to })ersonal injuries, from the fact that willful injury 

 is not diflerentiated Inuii accidental injury. In the course 

 of evolution such artificial crimes are eliminated from tin- 

 law : on the other hand, by reason of the ever increasing 

 complexity of the relations of men, the classes of real crimes 

 are multiplied. 



There is yet another line of progress. In primitive so- 

 ciety two i»rincii)les are found to exist side by side as funda- 

 mental theories in the administration of the law. 



The first is that ju.stice nuist be dom — that justice which 

 the primitive law recognizes. 



