I.
THE NEEDS THAT GIVE RISE TO LAW.
Kipling's Law of the Jungle, in which he lays down the principles by which the wolf pack secured united action in its hunting, names the rules that apply almost universally to peoples in the savage stage of society. According to the researches of the best anthropologists, savages live in very loosely organized groups, with no permanent ruler, no regular family law. Each separate group has its totem, its general rules with reference to the marriage relation, to hunting and fishing, to shelter and protection. Practically there are no regular laws. The rules fixed by custom deal primarily with the marriage relation and with the securing of food and shelter. They are largely negative. If a member of the group has met with a misfortune in a certain by-path or from eating certain food or in other ways, by the action of the leader of his group that path or that food becomes taboo, and from that time on it is forbidden. The rules seem generally to be largely the product of instinct or of experience, without any law making, and they are enforced almost as instinctively by the common consent of the people.