How is the governmental influence of the people acquired? The primary purpose for which chief men and representatives are assembled is that of voting money. The revenues of rulers are derived at first wholly and afterwards partly from presents. This primary obligation to render money and service to the head of the State, often reluctantly complied with, is resisted when the exactions are great, and resistance causes conciliatory measures. From ability to prescribe conditions under which money will be voted grows the ability, and finally the right, to join in legislation.
LAWS
Law is mainly an embodiment of ancestral injunctions. The living ruler able to legislate only in respect of matters unprovided for, is bound by the transmitted command of the unknown and the known who have passed away. Hence the trait common to societies in early stages that the prescribed rules of conduct, of whatever kind, have a religious sanction.
In societies that become large and complex, there arise forms of activity and intercourse not provided for in the sacred code; and in respect of these the ruler is free to make regulations. Thus there comes into existence a body of laws of known human origin, which has not the sacredness of the god-descended body of laws: human law differentiates from divine law. And in proportion as the principle of voluntary co-operation more and more characterises the social type, fulfilment of contracts and implied assertion of equality in men's rights become the fundamental requirements, and the consensus of individual interests the chief source of law; such authority as law otherwise derived continues to have being recognised as secondary, and insisted upon only because maintenance of law for its own sake indirectly furthers the general welfare.
The theories at present current adapted to the existing compromise between militancy and industrialism are steps towards the ultimate theory in conformity with which law will have no other justification than that gained by it as maintainer of the conditions to complete life in the associated state.
PROPERTY
The desire to appropriate lies deep in animal nature, being, indeed, a condition to survival. The consciousness that conflict and consequent injury may probably result from the endeavour to take that which is held by another tends to establish the custom of leaving each in possession of whatever he has obtained by labour. With the passage from a nomadic to a settled state, ownership of land by the community becomes qualified by individual ownership; but only to the extent that those who clear and cultivate portions of the surface have undisturbed enjoyment of its produce. Habitually the public claim survives, qualified by various forms of private ownership mostly temporary; but war undermines communal proprietorship of land, and partly or wholly substitutes for it either the unqualified proprietorship of an absolute conqueror, or proprietorship by a conqueror, qualified by the claims of vassals holding it under certain conditions, while their claims are in turn qualified by those of dependents attached to the soil. The individualisation of ownership extended and made more definite by trading transactions under contract, eventually affects the ownership of land. Bought and sold by measure and for money, land is assimilated in this respect to the personal property produced by labour, but there is reason to suspect that while possession of such things will grow more sacred, the inhabited area which cannot be produced by labour will eventually be distinguished as something which may not be privately possessed.
THE INDUSTRIAL TYPE OF SOCIETY