The Political Theories of the Ancient World, By Westel Woodbury Willoughby

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The interest of history is detached from individu- als, but these gain for themselves abstract formal univer- sality. The Universal subjugates the individuals; they have to merge their own interests in it, but in return the abstraction, which they themselves embody, — that is to say, their personality, — is recognised ; in their individ- ual capacity they become persons with definite rights as such."i The development of the ideas of which we have been speaking were, as we have already intimated..., closely re- lated with the growth of the idea of positive law. Our next task will therefore be to trace this growth. In doing this it will be found that, as in the case of Greek legal thought, and indeed, as in the case of the development of all early systems of law, the progress of thought is ex- 1 Hegel, 2%e Philosophy of History, Eng. transl., p. 113.
218 POLITICAL TEEOBIES OF THE ANCIENT WOBLD hibited in the gradual secularisation of the law. The religious element is at first all important ; by degrees the influence of custom and traditional usage becomes more direct ; finally, in the will of the human legislator is seen the immediate source of the law's authority.


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