fare. We should see in Italy a large number of petty states engaged in incessant dissensions and conflicts. In Germany we should come back to a loose confederation of kingdoms, duchies, and cities which were ruled for a long time by "fist law" and the right of the stronger. We should find in England a group of hostile tribes of the "Heptarchy" engaged in mutual encroachments and struggles for overlordships.

If we should continue this process of historic reversion, we should see in more ancient times the Roman Empire, with its boasted Pax Romana, dissolved into its constituent elements,-the tribal communities of Italy, the independent cities of Greece, and the innumerable tribes of Kelts, Berbers and other races. And finally we should see the whole European world fading away into clans or wandering hordes, whose only methods of maintaining their rights of existence and property was by brute force, self-help, blood revenge.

§ 4. PROGRESSIVE ENLARGEMENT OF THE AReas of PEACE

It was a political postulate of Hobbes that the primitive state of mankind was that of war; and historical research does not seem to weaken this hypothesis. In this primitive state, the exercise of hostile force was not limited, as it now practically is, to the settlement of long standing controversies between great communities of men; but every conflicting issue between clan and clan, between tribe and tribe, was summarily terminated with blows and blood. The area of peace was confined to each clan or tribe. This conception of early society is not purely hypothetical. Nothing

seems to be more firmly established than that "all the races of the great Aryan branch of mankind have developed through a common plan of organization in which each group-sometimes merely the circle of near kindred, at other times enlarged into the gens or sept

-was a unit in respect to other similar aggregations in the tribe or nation." The study of comparative jurisprudence, moreover, shows that the beginnings of law and order are attained only by the gradual repression of private warfare, and the gradual union and pacification of the elementary groups. Each successive expansion of law and enlargement of society is attended by a greater restriction of private warfare and by an increase of the area in which peace is secured. Looked at from this point of view, therefore, the evolution of human society may be described as the progressive enlargement of the areas of peace.

This view that social evolution is characterized by the evolution of peace may seem to be at variance with one very essential condition of evolution itself, namely, the struggle for existence, which is often considered as but another name for war. It is true that with the early man the chief and perhaps the only interest was connected with the means of obtaining subsistence. As with the brute, life was indeed a struggle for existence, and this was at first a competitive struggle. Each man saw in every other man, who was not a member of his own clan or tribe, a foe-a natural enemy in the battle for life. Every fruit-bearing tree, every hunting or fishing ground, became a theatre of war to these early competitors in the struggle for existence.

But even the early man soon learned that in union there was strength, and that by allying himself or his

own group to another man or to another group of men, his power to obtain food was increased. Man gradually found in his fellow man an aid, instead of an enemy. Clan united with clan for mutual protection and help in the struggle for existence. With the growth of common interests the lines of hostility between elementary groups were thus gradually effaced, or removed to the boundaries between larger and larger groups of men. The competitive struggle for existence became more and more transformed into a coöperative struggle. The desire to conquer and destroy one's fellow man became qualified by the common interest and desire to triumph over nature, from which all subsistence is derived, and to reduce its forces to productive ends. The communal holding of land and the common tillage of the soil mark this pacific stage in the growth of early society. With the division of labor, the communal or collective form of industry was supplemented by specialized and distributive industries, by which the members of any given. group were made more dependent upon one another, and were also brought into pacific relations to other groups. Every specialization of industry tended to increase this interdependence, and to make necessary these inter-groupal relations. One of the tendencies, therefore, of industrial evolution is to favor the integration of social groups-the conversion of the competitive struggle for existence into a coöperative struggle, and consequently the enlargement of the areas of peace. (Freeman, Comparative Politics, pp. 99-136; Coulanges, Ancient City; Hearn, Aryan Household.)

§ 5. THE GROWTH OF PEACE WITHIN THE NATIONAL

DOMAIN

It would be difficult to analyze all the various agencies which have led to the elimination of war in the early stages of human progress, and which have paved the way for that relative pacification of society that we now see within the limits of the modern civilized state. But some of the most important steps by which this result has been attained may be briefly noted.

(1) In the first place, without attempting entirely to abolish private warfare, efforts are made to restrain somewhat the feeling of vengeance and to restrict the exercise of force on the part of the individual. Still later the attempt is made to expiate the feeling of vengeance by the payment of a money compensation. It is not long before there grows up the idea of the "folk-peace," that is, the idea that the community has a right to maintain peace within itself. The one who breaks the peace is called the "Peaceless man," (friedlos); he is made an outlaw, and he may be slain by anyone or else the vengeance of the community may itself be expiated by the payment of "peace-money." "Peace guilds" are established, bound by the "peace pledge," in which each member is made responsible to the rest of the community for maintaining the peace. And still later, "officers of the peace" are appointed to see that the public order is not disturbed by an act of hostility. In this way the exercise of private force becomes gradually restricted, and the area of peace becomes more and more extended, until it finally reaches the boundary of the nation itself.

(2) Another means employed for the elimination

of war and the development of peace within the civilized state, is found in the attempt to furnish some substitute for private force in the settlement of disputes. This is seen in the beginning of arbitration and of judicial procedure.

The earliest form of a regular judicial process with which we are acquainted in Europe, and which Sir Henry S. Maine declares "is the undoubted parent of Roman actions and, consequently, of most of the civil remedies in use in the world," warrants us in drawing two conclusions: first, that legal procedure was intended to furnish a substitute for private warfare; and, secondly, that the substitute it furnished was a form of arbitration. This early judicial action, called by the Romans the actio sacramenti, is fully described by Gaius, an eminent Roman jurist. He describes it as a symbolical process, beginning with what represents an armed conflict between two combatants, wrangling with their spears over a piece of disputed property, when an officer interferes and compels the disputants to cease their quarrel. After an altercation, in which each party sets forth his claim, the case is referred to a private person, called a "judex" or "arbiter," who examines the claims and renders a decision.

This primitive form of a judicial action thus begins. with an altercation and ends with an arbitration. It was, in fact, the beginning of the judicial system of the Romans, and became, as Mr. Maine asserts, the basis of the judicial procedure now existing in most of the civilized countries of the world. It would not, therefore, be incorrect to say that, in its essential features, the legal process by which civil disputes are now pacifically settled is a highly developed and or