Page:Yale Law Journal - Volume 27.pdf/34

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YALE LAW JOURNAL

to become a member of some social group. The elements which make up that something consist in part, at least, of sentiment, passions, physical and psychical wants, and a desire for the society of others, as well as for help and protection. Although that something is composed of these elements, the combination of them is not the same in any two individuals; still, some one or some combination of them dominates every normal human being and compels him to become a member of a social group. This was as true when time began as it is to-day. In fact, there never was and never will be a time when social groups were not and will not be absolutely essential, not only to the mental evolution, but to the very existence of the human race.

Since such groups are composed of individuals each with a mind and purpose of his own, it is obvious that law is essential to the existence of such groups. In other words, it is self-evident that a group cannot exist without law, intending by law, limitations on individual freedom of action; for if every one were to do just as he pleased, if no one respected the rights of others, we should not have groups of men associated together for mutual help and protection, but a situation in which each man was acting for himself, or a situation in which every man was against every other man.

In other words, if it were not for law we should have “a war of all against all,” or a situation in which each man was constantly trying to overreach all the others. Law, therefore, is absolutely essential to the existence of a community, and communities are equally essential to the existence of the race. Since individuals cannot exist without communities, and communities cannot exist without law, it follows that both law and the social group are as old as the race. This shows that the needs of a community are the forces which dominate the making of laws, and the needs of individuals are the forces which dominate the forming of communities. We can get a fairly accurate view of a social group in the first throes of evolving ideals and inventing laws to effectuate them by studying young children. Such a study will show that when a child is born he is helpless, and that as he develops, he looks on those who care for him in something the same way the ordinary man looks on God. Experience, however, teaches him that his protectors can and do make mistakes, and that he must decide for himself what he ought to do or leave undone in a given situation; and there comes a time in the life of all normal children when they seek the society of