the forms of social life elaborated within the clans and tribes, the village communities, and later on in the mediaeval cities; all forms of relations between different tribes and clans, and between the city-republics of the mediaeval age, which became later on the first elements of International Law; all forms of mutual support and of the defence of peace, including tribunals and juries, were elaborated by the creative genius of the nameless multitude; while all laws, from the most ancient ones till those of our own times, have always been composed of two very different elements. One of them strengthened (and fixed) certain habits and customs, already recognised as useful; while the other element of all laws was an addition to these customs—very often a mere malicious wording of an existing custom—the aim of which was to implant or strengthen the nascent authority of the kinglet, the nobleman, the soldier and the priest, to consolidate and sanction their power and their authority.
These are the conclusions to which we are led by the scientific study of the development of societies, a study that has been carried on during the last twenty or thirty years by a great number of conscientious scientists. It is true that men of science do not themselves dare to draw conclusions as heretical as those mentioned above; but the thoughtful reader of necessity comes to these conclusions after reading their works.
