Either men had no law at all, and lived in confused tribes, hardly hanging together, or they had to obtain a fixed law by processes of incredible difficulty.
Walter Bagehot: “Either men had no law at all, and lived in confused tribes, hardly hanging together, or they had to obtain a fixed law…”
Editor's note · Context
Bagehot presents a dichotomy faced by early humans regarding law and societal structure.
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Our law very often reminds one of those outskirts of cities where you cannot for a long time tell how the streets come to wind about in so capricious and serpent-like a manner.
Just so the lines of our Constitution were framed in old eras of sparse population, few wants, and simple habits; and we adhere in seeming to their shape, though civilisation has come with its dangers, complications, and enjoyments.
The casual line was traced according to the strength of deceased combatants; succeeding generations fought elsewhere; and the hesitating line of a half-drawn battle was left to stand for a perpetual limit.
Political philosophy is still more imperfect; it has been framed from observations taken upon regular specimens of politics and States; as to these its teaching is most valuable.





