[71] Plat. Protag. 320-328. The large sense of the word Νόμος, as conceived by Pindar and Herodotus, must be kept in mind, comprising positive morality, religious ritual, consecrated habits, the local turns of sympathy and antipathy, &c. M. Salvador observes, respecting the Mosaic Law: “Qu’on écrive tous les rapports publics et privés qui unissent les membres d’un peuple quelconque, et tous les principes sur lesquels ces rapports sont fondés — il en résultera un ensemble complet, un véritable système plus ou moins raisonnable, qui sera l’expression exacte de la manière d’exister de ce peuple. Or, cet ensemble ou ce système est ce que les Hébreux appellent la tora, la loi ou la constitution publique — en prenant ce mot dans le sens le plus étendu.” (Salvador, Histoire des Institutions de Moise, liv. i. ch. ii. p. 96.)
Compare also about the sense of the word Lex, as conceived by the Arabs, M. Renan, Averroès, p. 286, and Mr. Mill’s chapter respecting the all-comprehensive character of the Hindoo law (Hist. of India, ch. iv., beginning): “In the law books of the Hindus, the details of jurisprudence and judicature occupy comparatively a very moderate space. The doctrines and ceremonies of religion; the rules and practice of education; the institutions, duties, and customs of domestic life; the maxims of private morality, and even of domestic economy; the rules of government, of war, and of negotiation; all form essential parts of the Hindu code of law, and are treated in the same style, and laid down with the same authority, as the rules for the distribution of justice.”
Mr. Maine, in his admirable work on Ancient Law, notes both the all-comprehensive and the irresistible ascendancy of what is called Law in early societies. He remarks emphatically that “the stationary condition of the human race is the rule — the progressive condition the exception — a rare exception in the history of the world”. (Chap. i. pp. 16-18-19; chap. ii. pp. 22-24.)
Again, Mr. Maine observes:—“The other liability, to which the infancy of society is exposed, has prevented or arrested the progress of far the greater part of mankind. The rigidity of ancient law, arising chiefly from its early association and identification with religion, has chained down the mass of the human race to those views of life and conduct which they entertained at the time when their institutions were first consolidated into a systematic form. There were one or two races exempted by a marvellous fate from this calamity: and grafts from these stocks have fertilised a few modern societies. But it is still true that over the larger part of the world, the perfection of law has always been considered as consisting in adherence to the ground-plan supposed to have been marked out by the legislator. If intellect has in such cases been exercised upon jurisprudence, it has uniformly prided itself on the subtle perversity of the conclusions it could build on ancient texts, without discoverable departure from their literal tenor.” (Maine, Ancient Law, ch. iv. pp. 77-78.)
Small minority of exceptional individual minds, who do not yield to the established orthodoxy, but insist on exercising their own judgment.
There are, however, generally a few exceptional minds to whom this omnipotent authority of King Nomos is repugnant, and who claim a right to investigate and judge for themselves on many points already settled and foreclosed by the prevalent orthodoxy. In childhood and youth these minds must have gone through the ordinary influences,[72] but without the permanent stamp which such influences commonly leave behind. Either the internal intellectual force of the individual is greater, or he contracts a reverence for some new authority, or (as in the case of Sokrates) he believes himself to have received a special mission from the Gods — in one way or other the imperative character of the orthodoxy around him is so far enfeebled, that he feels at liberty to scrutinise for himself the assemblage of beliefs and sentiments around him. If he continues to adhere to them, this is because they approve themselves to his individual reason: unless this last condition be fulfilled, he becomes a dissenter, proclaiming his dissent more or less openly, according to circumstances. Such disengagement from authority traditionally consecrated (ἐξαλλαγὴ τῶν εἰωθότων νομίμων),[73] and assertion of the right of self-judgment, on the part of a small minority of ἰδιογνώμονες,[74] is the first condition of existence for philosophy or “reasoned truth”.
[72] Cicero, Tusc. D. iii. 2; Aristot. Ethic. Nikom. x. 10, 1179, b. 23. ὁ δὲ λόγος καὶ ἡ διδαχὴ μή ποτ’ οὐκ ἐν ἅπασιν ἰσχύῃ, ἀλλὰ δέῃ προδιειργάσθαι τοῖς ἔθεσι τὴν τοῦ ἀκροατοῦ ψυχὴν πρὸς τὸ καλῶς χαίρειν καὶ μισεῖν, ὥσπερ γῆν τὴν θρέψουσαν τὸ σπέρμα. To the same purpose Plato, Republ. iii. 402 A, Legg. ii. 653 B, 659 E, Plato and Aristotle (and even Xenophon, Cyrop. i. 2, 3), aiming at the formation of a body of citizens, and a community very different from anything which they saw around them — require to have the means of shaping the early sentiments, love, hatred, &c., of children, in a manner favourable to their own ultimate views. This is exactly what Νόμος Βασιλεὺς does effectively in existing societies, without need of special provision for the purpose. See Plato, Protagor. 325, 326.
[73] Plato, Phædrus, 265 A. See Sir Will. Hamilton’s Lectures on Logic, Lect. 29, pp. 88-90. In the Timæus (p. 40 E) Plato interrupts the thread of his own speculations on cosmogony, to take in all the current theogony on the authority of King Nomos. ἀδύνατον οὖν θεῶν παισὶν ἀπιστεῖν, καίπερ ἄνευ τε εἰκότων καὶ ἀναγκαίων ἀποδείξεων λέγουσιν, ἀλλ’ ὡς οἰκεῖα φάσκουσιν ἀπαγγέλλειν ἑπομένους τῷ νόμῳ πιστευτέον.
Hegel adverts to this severance of the individual consciousness from the common consciousness of the community, as the point of departure for philosophical theory:—“On one hand we are now called upon to find some specific matter for the general form of Good; such closer determination of The Good is the criterion required. On the other hand, the exigencies of the individual subject come prominently forward: this is the consequence of the revolution which Sokrates operated in the Greek mind. So long as the religion, the laws, the political constitution, of any people, are in full force — so long as each individual citizen is in complete harmony with them all — no one raises the question, What has the Individual to do for himself? In a moralised and religious social harmony, each individual finds his destination prescribed by the established routine; while this positive morality, religion, laws, form also the routine of his own mind. On the contrary, if the Individual no longer stands on the custom of his nation, nor feels himself in full agreement with the religion and laws — he then no longer finds what he desires, nor obtains satisfaction in the medium around him. When once such discord has become confirmed, the Individual must fall back on his own reflections, and seek his destination there. This is what gives rise to the question — What is the essential scheme for the Individual? To what ought he to conform — what shall he aim at? An ideal is thus set up for the Individual. This is, the Wise Man, or the Ideal of the Wise Man, which is, in truth, the separate working of individual self-consciousness, conceived as an universal or typical character.” (Hegel, Geschichte der Philosophie, Part ii. pp. 132, 133.)
[74] This is an expression of the learned Huet, Bishop of Avranches:—“Si quelqu’un me demande maintenant, ce que nous sommes, puisque nous ne voulons être ni Académiciens, ni Sceptiques, ni Eclectiques, ni d’aucune autre Secte, je répondrai que nous sommes nôtres — c’est à dire libres: ne voulans soumettre notre esprit à aucune autorité, et n’approuvans que ce qui nous paroit s’approcher plus près de la vérité. Que si quelqu’un, par mocquerie ou par flatterie, nous appelle ἰδιογνώμονας — c’est à dire, attachés à nos propres sentimens, nous n’y répugnerons pas.” (Huet, Traité Philosophique de la Foiblesse de l’Esprit Humain, liv. ii. ch. xi. p. 224, ed. 1741.)