Page:The New International Encyclopædia 1st ed. v. 12.djvu/38

LAW. 26 give the name of 'empirical laws' to those uni- lonniliL's which oli»civntiuii or experiment has showu to exist, but uii which they hesitate to rely in eases varying much from those actmiUy ob- served, for want of seeing any reason ic/ii/ such a, law should exist." Consult, especially, Milfs Loific, book iii.; but also the other works on inductive logic referred to under Logic, and IXDUCTIO.N. LAW. In social psychology (q.v.), law is closely related to custom. When it becomes necessary to enforce a custom, to make it com- pulsory, to prescribe penalties for its infraction, the custom is transformed into a law. Thus the custom of dividing the spoils of battle may be- come subject to such serious lapses that the wel- fare of the elan or tribe is imperiled. The gen- eral welfare will then demand that an authoritii- tive rule be made and protected by sufficient penalties. Custom has its own sanctions, as well as law; but it lacks the authority and physical coercion that distinguish law. It is evident that custom, which is closely re- lated to habit (q.v.). is oliler than law. In the simpler forms of civilization 'law and order' are upheld solely by usage and custom. It is natural that law should first apply to those lines of con- duet whose importance is too grave to allow them to be left to custom. The primitive law, or rule, with it.s external, physical compulsion, is of much earlier origin than written regulations, ■which demand not only a somewhat advanced stage of social development, but also a higli de- gree of stability in a society. Law appears (mly ■with some form of the State. So long as there is no general legislative and executive power that makes the State, it is obvious that law cannot be dilferentiatcd from custom. It is. then, a mis- take to suppose that some kind of legal contract is prior to the State. The State arose from the tribal union as law arose from custom; both grew up gradually and side by side. Consult: Wundt, Ethics, translation, vol. i. (New York, ISO") : Lubbock, Origin of Civilixa- tion (New York, 1895). LAW, Canon. See Canon Law. LAW, Criminal. That branch of public law vhich relates to crime or i)ul>lic wrongs; that is, ■xvrongs or injuries by individuals against the State or sovereign as distinguished from in- juries by individuals against others, which are dealt with by the private law of wrongs or tort. All civilized systems of law now agree in draw- ing this distinction between public and private ■wrongs. It seems probable, however, that in primitive eomnuinities the law of crime had its origin in, or at least was preceded by. the law of tort, and that the consequence of the various acts of violence now recognized as crimes was that they gave rise exclusively to an obligation to the injured person or his re])resentative which might be satisfied by the payment of money. Under the early Anglo-Saxon law, which corresponded substantially in this particular with other an- cient systems of law. "A sum was placed on the life of every free man according to his rank and a corresponding sum on every wound that could be inflicted on his jierson, for nearly every injury which eoiild be done to his civil rights, hon- or, or peace: the sum being aggravated accord- ing to adventitious circumstances." (Kemble. Anglo-Saxons, i. 177.) (See Blood-Honey : LAW. Wergild, etc.) The earliest recognition in an- cient law of distinct wrongs against the State ap- pears in the isolated acts, legislative in character, by which the Stale avenged itself for wrongs done in the .same manner that private individuaK were jjermitted under sanction of law to avenge or reipiite themselves for private wrong which may be regarded as a jn^ototype of public wrongs. From these occasional legislative acts by which the State avengi'd itself upon the criminal for wrongs sullered by it, it was a natural tlumgli giadual transition to a system by which this ]iarticular function was delegated to a per- manent commission still legislative rather than judicial in character, whose duty it was to in- estigate and punish public wrongs, and tinally to the more modern system under which a per- manent triliunal wholly jvulicial in character de- fines and applies the law relating to crime. The history of Ciiria liegis or King'.s Court, which was the combined legislative, administrative, and judicial body under the Norman Kings, shows these successive stages of development in our own criminal jurisprudence. The Court of King'> Bench, which was the criminal branch of the King's Court, was organized in the reign of Ed- ward 1. (1274-00). It follows from the character of all pul)lic wrcmgs that the first essential of a crime is some act which, because of its elVect upon the community, is deemed an ofi'ense to the State. This may happen either: (a) because the act is directly an injury to the State; or (b) because the act is a direct interference ■svith the per- formance of some duty, as of protecting the life, property, safety, and morals of citizens, which, upon grounds of public policy, the State has as- sumed. Kcir the discussion of the elements of a crime, and of criminal intent, etc., see such titles as Chi.me; Attempt; Intent; Mi.stake, etc. Crimes may be conveniently classified as fol- lows: (a) offenses against government: (b) offenses against public peace and health; (c) of- fenses against religion and morality : (d) offenses against persons; (e) offenses against the dwell- ing-house; (f) offenses against property; (g) maritime oflenses. At common law also crimes were classified as felonies and misdemeanors, and the distinction has been preserved to some extent by the modern law and the various criminal codes. See Felony; Misdemeanor. The Law of Criminal Procedire. The first step toward placing one charged with crime upon bis trial is necessarily his arrest. (See Arrest.) After the arrest the prisoner must be brought f(n- examinati<m before the nuigistrate. who may hold bim for the action of the grand jury. or. if an indictment has already been found, may hold him for trial before a petit jury. Pending trial the ))risoner is committed to jail, unless admitted to bail. See Bail. The method of finally accusing one with the conunission of a crime is by indictment by the grand jury, which may cither precede or follow the arrest. (See .TtRY': Grand .Icry. ) The in- dictment is the final pleading corresponding to the declaration or complaint in a civil action, which sets out all of the essential elements of the crime and all facts necessary to give the court jurisdiction to try the prisoner for the offense charged. (See Indictment.) Upon the trial the indictment must be read to the accused, and he is then given opportunity to plead to it. The pris-