life sweeter and more desirable. Hunger strikes are, however, a modern analogue of this old-time method of retaliation.
One of the earliest formulations of advanced tribal law had to do with the taking over of the blood feud as a tribal affair. But strange to relate, even then a man could kill his wife without punishment provided he had fully paid for her. The Eskimos of today, however, still leave the penalty for a crime, even for murder, to be decreed and administered by the family wronged.
Another advance was the imposition of fines for taboo violations, the provision of penalties. These fines constituted the first public revenue. The practice of paying "blood money" also came into vogue as a substitute for blood vengeance. Such damages were usually paid in women or cattle; it was a long time before actual fines, monetary compensation, were assessed as punishment for crime. And since the idea of punishment was essentially compensation, everything, including human life, eventually came to have a price which could be paid as damages. The Hebrews were the first to abolish the practice of paying blood money. Moses taught that they should "take no satisfaction for the life of a murderer, who is guilty of death; he shall surely be put to death."
Justice was thus first meted out by the family, then by the clan, and later on by the tribe. The administration of true justice dates from the taking of revenge from private and kin groups and lodging it in the hands of the social group, the state.
Punishment by burning alive was once a common practice. It was recognized by many ancient rulers, including Hammurabi and Moses, the latter directing that many crimes, particularly those of a grave sex nature, should be punished by burning at the stake. If "the daughter of a priest" or other leading citizen turned to public prostitution, it was the Hebrew custom to "burn her with fire."
Treason—the "selling out" or betrayal of one's tribal associates—was the first capital crime. Cattle stealing was universally punished by summary death, and even recently horse stealing has been similarly punished. But as time passed, it was learned that the severity of the punishment was not so valuable a deterrent to crime as was its certainty and swiftness.
When society fails to punish crimes, group resentment usually asserts itself as lynch law; the provision of sanctuary was a means of escaping this sudden group anger. Lynching and dueling represent the unwillingness of the individual to surrender private redress to the state.
It is just as difficult to draw sharp distinctions between mores and laws as to indicate exactly when, at the dawning, night is succeeded by day. Mores are laws and police regulations in the making. When long established, the undefined mores tend to crystallize into precise laws, concrete regulations, and well-defined social conventions.
Law is always at first negative and prohibitive; in advancing civilizations it becomes increasingly positive and directive. Early society operated negatively, granting the individual the right to live by imposing upon all others the command, "you shall not kill." Every grant of rights or liberty to the individual involves curtailment of the liberties of all others, and this is effected by the taboo, primitive law. The whole idea of the taboo is inherently negative, for primitive
