82 SATURDAY LECTURES. 



The second, that there mu.st be end to controversy — that 

 peace may prevail and society be not disorganized; and this 

 must be accompHshed though the former faih 



To secure end to controversy, there is resort to two 

 methods — 



First, days or other periods of jubilee are apjjointed at 

 which all crimes, except murder and incest, afe forgiven. 

 In the lowest societies it is a day of jubilee, coming once a 

 year ; in the highest societies, it is a year of jubilee, coming 

 at longer periods. With progressing society this method of 

 ending controversy is adopted in the case of crimes which 

 are manifestly artificial in the state of culture to which the 

 people have arrived, and by this means willful murder is at 

 first differentiated from accidental killing. 



Still another method of terminating controversy and 

 avoiding punishment for artificial crime, is provided for in 

 the establishment of cities of refuge. 



Now" cities of refuge come to be such in a curious manner. 

 In the early history of mankind, cities are states and auto- 

 nomous; one state does not punish the crimes committed in 

 another; and men committing crimes flee from their own 

 states to others, and become incorjoorated therein by adop- 

 tion, and thus secure immunity from punishment. 



When on the first organization of nations, two or more 

 city-states are consolidated and placed under one general 

 government, certain cities often remain as places of refuge, 

 but with an important restriction, namely, that the crimes 

 belong to the classes which have been here described as arti- 

 ficial. 



Tlius days of jubilee and cities of refuge are important 

 agencies in the evolution of criminal law. 



The groAvth of law in its entire course is governed in 

 man}' important respects bj^ the theory of the origin of law 

 and the source of its authority. This subject involves the 

 discussion of the evolution of philosoph}'^ and cannot now 

 be undertaken. It is the highest and most important 

 subject with which the mind of man can grapple, as it in- 

 volves the whole theory of human conduct — the ethics of 

 mankind. 



