mutual rights； obligations； advantages and disabilities。 But it
should reasonably be expected that this established system of
rights； duties； proprieties and disabilities will also in due
time come in for something in the way of a revision； to bring it
all more nearly into congruity with that matter…of…fact
conception of things that lies at the root of the late…modern
civilisation。
The constituent principles of the established system of law
and custom are of the nature of imponderables； of course； but
they are imponderables which have been conceived and formulated
in terms of a different order from those that are convincing to
the twentieth…century scientists and engineers。 Whereas the line
of advance of the scientists and engineers； dominated by their
mechanistic conception of things； appears to be the main line of
march for modern civilisation。 It should seem reasonable to
expect； therefore； that the scheme of law and custom will also
fall into line with this mechanistic conception that appears to
mark the apex of growth in modern intellectual life。 But hitherto
the 〃due time〃 needed for the adjustment has apparently not been
had； or perhaps the experience which drives men in the direction
of a mechanistic conception of all things has not hitherto been
driving them hard enough or unremittingly enough to carry such a
revision of ideas out in the system of law and custom。 The modern
point of view in matters of law and custom appears to be somewhat
in arrears； as measured by the later advance in science and
technology。
But just now the attention of thoughtful men centers on
questions of practical concern； questions of law and usage；
brought to a focus by the flagrant miscarriage of that
organisation of Christendom that has brought the War upon the
civilised nations。 The paramount question just now is； what to do
to save the civilised nations from irretrievable disaster； and
what further may be accomplished by taking thought so that no
similar epoch of calamities shall be put in train for the next
generation。 It is realised that there must be something in the
way of a 〃reconstruction〃 of the scheme of things； and it is also
realised； though more dimly； that the reconstruction must be
carried out with a view to the security of life under such
conditions as men will put up with； rather than with a view to
the impeccable preservation of the received scheme of law and
custom。 All of which is only saying that the constituent
principles of the modern point of view are to be taken under
advisement； reviewed and conceivably revised and brought
into line； in so far as these principles are constituent elements
of that received scheme of law and custom that is spoken of as
the status quo。 It is the status quo in respect of law and
custom； not in respect of science and technology or of knowledge
and belief； that is to be brought under review。 Law and custom；
it is believed； may be revised to meet the requirements of
civilised men's knowledge and belief； but no man of sound mind
hopes to revise the modern system of knowledge and belief so as
to bring it all into conformity with the time…worn scheme of law
and custom of the status quo。
Therefore the bearing of this stabilised modern point of
view； stabilised in the eighteenth century； on these questions of
practical concern is of present interest； its practical value
as ground for a reasonably hopeful reconstruction of the
war…shattered scheme of use and wont； its possible serviceability
as a basis of enduring settlement； as well as the share which its
constituent principles have had in the creation of that status
quo out of which this epoch of calamities has been precipitated。
The status quo ante； in which the roots of this growth of
misfortunes and impossibilities are to be found； lies within the
modern era； of course； and it is nowise to be decried as an
alien； or even as an unforeseen； outgrowth of this modern era。 By
and large； this eighteenth…century stabilised modern point of
view has governed men's dealings within this era； and its
constituent principles of right and honest living must therefore；
presumptively； be held answerable for the disastrous event of it
all； at least to the extent that they have permissively
countenanced the growth of those sinister conditions which have
now ripened into a state of world…wide shame and confusion。
How and how far is this modern point of view； this body of
legal and moral principles established in the eighteenth century；
to be accounted an accessory to this crime？ And if it be argued
that this complication of atrocities has come on； not because of
these principles of conduct which are so dear to civilised men
and so blameless in their sight； but only in spite of them； then；
what is the particular weakness or shortcoming inherent in this
body of principles which has allowed such a growth of malignant
conditions to go on and gather head？ If the modern point of view；
these settled principles of conduct by which modern men
collectively are actuated in what they will do and in what they
will permit； if these canons and standards of clean and honest
living have proved to be a fatal snare； then it becomes an urgent
question： Is it safe； or sane to go into the future by the light
of these same established canons of right； equity； and propriety
that so have been tried and found wanting？
Perhaps the question should rather take the less didactic
form： Will the present experience of calamities induce men to
revise these established principles of conduct； and the
specifications of the code based on them； so effectually as to
guard against any chance of return to the same desperate
situation in the calculable future？ Can the discipline of recent
experience and the insight bred by the new order of knowledge and
belief； re…enforced by the shock of the present miscarriage； be
counted on to bring such a revision of these principles of law
and custom as will preclude a return to that status quo ante from
which this miscarriage of civilisation has resulted？ The latter
question is more to the point。 History teaches that men； taken
collectively； learn by habituation rather than by precept and
reflection； particularly as touches those underlying principles
of truth and validity on which the effectual scheme of law and
custom finally rests。
In the last analysis it resolves itself into a question as to
how and how far the habituation of the recent past； mobilised by
the shock of the present conjuncture； will have affected the
frame of mind of the common man in these civilised countries； for
in the last analysis and with due allowance for a margin of
tolerance it is the frame of mind of the common man that makes
the foundation of society in the modern world； even though the
elder statesmen continue to direct its motions from day to day by
the light of those principles that were found good some time
before yesterday。 And the fortunes of the civilised world； for
good or ill； have come to turn on the deeds of commission and of
omission of these advanced peoples among whom the frame of mind
of the common man is the finally conditioning circumstance in
what may safely be done or left undone。 The advice and consent of
the common run has latterly come to be indispensable to the
conduct of affairs among civilised men； somewhat in the same
degree in which the community is to be accounted a civilised
people。 It is indispensable at least in a permissive way； at
least to the extent that no line of policy can long be pursued
successfully without the permissive tolerance of the common run；
and the margin of tolerance in the case appears to be narrower
the more alert and the more matter…of…fact the frame of mind of
the common man。
Chapter 2
The Stability of Law and Custom
In so far as concerns the present question； that is to say as
regards those standards and principles which underlie the
established system of law and custom； the modern point of view
was stabilised and given a definitive formulation in the
eighteenth century； and in so far as concerns the subsequent
conduct of practical affairs； its constituent principles have
stood over without material change or revision since that time。
So that for practical purposes it is fair to say that the modern
point of view is now some one hundred and fifty years old。
It will not do to say that it is that much behind the times；
because its time…worn standards of truth and validity are a very
material factor in the makeup of 〃our time。〃 That such is the
case is due in great part to the fact that this body of
principles was stabilised at that time and that they have
therefore stood over intact； in spite of other changes that have
taken place。 It is only that the principles which had been tested
and found good under the conditions of life in the modern era up
to that time were at that time held fast； canvassed； defined；
approved； and stabilised by being reduced to documentary form。 In
some sense they were then written int