The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-07-23
SOME MEN BOOKS.



GER has published that portion OF his work on
Tho Principles Of Sociology" which deals with
Political Institutions tAppletonsl. To discover
what truths may be aDlrh,vi OF political or
CARNATIONS at large is the problem which tho
author has uhdcrtssen TO solve in the present
volume, and as lre has been able to devote TO IL
only two years, ho does not presume to offer
more than IN approximation toward salts
factory solution. The topic. however. is in it.
self so interesting that this book will probably
find more readers than any in the long series
OF the synthetic philosophy. except possibly
that which set forth the data Of ethics.
The chapters of this work which will be most
carefully examined in such countries rs POS
Bess parliamentary or presidential scheme OF
government. are those which treat OF repre-
sentative bodies. OF ministries OF local govern
ing agencies. and OF judicial and executive
systems. Tracing the method by which ~
governmental influence Of the peor' "a no
auired. Mr.. Spencer reminds no tho, tho
primitive political assem- NV wos esenntiaIlv
a war council. forced Of leaders who de-
pa.eu In PREF .snco OF their followers. That
tn's ID '+io normal order is attosted by
uie. tact that, after political disso-
tuition, organization begins de moro in this
way, rs in the instance of the Italian cities.
Attendance ut such primitive parliaments was
enforced by fine. because the obligation to
fight comes first and tho right TO vote comes
second. The obligation was primary and the
power secondary. and to vote money was at
nm early date understood to be the fundamental
purpose for which delegates or representatives
were assembled. II we keep this essential pur-
pose OF the representative system in mind. we
shall see that antiquity was not so ignorant Of
delegated authority us 1t is supposed to have
hnnn 10 pprtnin ayamplp TINT Guu1
Spain, all the Eastern provinces. and Greece
had representative assemblies under the
Roman empire. but the author should have
noticed that in most cases these bodies never
advanced beyond the initial stage Of political
development: that they existed for the sole
purpose Of fulfilling obligations and not at all
with the object Of exercising power. In Gaul.
Tor instance. as Guzot has shown, to be elected
Rmember OF a municipal council during the
fourth century Of our era. and to be thereby
made responsible for the tax levied on the
town. was an Office which citizens sought by
oil means in their power, to avoid,
So long as the central authority represented
the only power in the State. as was the case
under the Roman empire it was impossible for
representative assemblies numerous rs they
In fact were. to pass beyond the rudimentary
stage of burden bearers. 1t was only when the
teudal system brought the sovereign in coils
ion with n powerful aristocracy that these rep
resentative assemblies became indispensable
to one or the other of the two parties opposed.
and thus were enabled to ACQUIRE, first
consultative, and then Legislative
function. 1t is easy enough to understand
how. from the ability to prescribe conditions
under which money was to be voted would
grow tho ability to Join in legislation But how
does the representative body become separate
from the consultative body? This is hard
question to answer. although from very early
period We see foreshadowed a tendency to diff
ferentiation. Thus in England. though in the
writs calling together Simon Of Montfort's Par
lament, no distinction made between
magnates and deputies yet n generation after
ward counsel" was deliberately mentioned in
the invitation to the magnates, but action
and consent" in the invitation to repre-
sentatives But though at first OF little
account, and growing in power only
because the free portion of the community oc-
copied in production and distribution grew in
mass and Importance. the representative body
came in the end to be that part OF the govern
ing agency which moro and more expresses tho
sentiments and ideas OF industrialism. While
tho monarch and upper House in the British
political system are the products OF the ancient
system OF compulsory cooperation, the spirit OF
which they still manifest. though in decreasing
degrees the House of Commons is the product
OF that modern regime OF voluntary CO.
operation which is replacing it. And,
in an increasing degree this lower
House carries out the wishes Of people
habituated to n daily life regulated by con-
tract instead OF by status. In short we trace
In the development Of this political institu-
tion the operation of the general law Of organi-
cation, whereby difference of functions entails
differentiation Of the parts performing them
AT first summoned to the national assembly
FOR purposes partially like. and partially unlike
those OF its other members the elected men,
bers evince asegregating tendency which when
the industrial portion Of the community con-
tinucs to gain power, ends in the formation OF
representative assembly. distinct from the
original consultative body.
In his chapter on judicial systems Mr.. Spcn-
Ger marks the very recent date at which the
right of self protection has been disallowed
Down to the thirteenth century the Italian
mobiles regarded it as disgraceful to submit to
avs rather than do themselves justice by force
Of arms and the same feeling is traceabe
throughout the history of Europe in the slow
substitution OF public arbitration for pri-
vate notification Of wrongs, In France
Tor instance. judicial ducls (which were
the authorized substitutes for private wars
between familicsl continued down to the close
Of the fourteenth century. In England. rs late
as 1868, Legislative proposal to abolish trial
by battle was so strongly opposed that the
measure was dropped, and it WAS not until 1919
hat the option Of such trial was formally pro-
hibited. When protection by the State dis
places self-protecton it takes one OF three
forms. the primitive community. consisting Of
chief. hcadmcn and people and one Of these
three elements being at given time in the
ascendancy. II continued mlitancy makes the
ruling man all-powertul. he becomes absolute
ludcialy, MS in other ways. the people lose all
share in giving decisions, and even the judg-
mcnts Of the headmen who surround the ruler
are oycrriddcn by his will. If conditions favor
the growth OF the leading men into an oil
Earchy. the body they constitute becomes
The agent for judging and Furnishing Of
sences. as for other purposes. its acts being
little or not at all qualified by the opinion OF
The mass. II. on the other hand. the surround
ing circumstances and mode Of life are such as
to prevent the supremacy Of one man, or OF the
leading men. the primitive judicial power is
preserved nv tho npurppnta Of frnan,np ~, 10