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Full text of "Political Science Of The State"

SUBJECT-MATTER OF LAW AND  ADMINISTRATION.    433
clearly indicates a humane spirit, as if the laboring beast were
worthy of the few stalks it could snatch up amid its work.
The same humanity appears in the prohibition earnestly en-
forced (Deut, xxii., 6, 7) against carrying off the mother bird
with its young. " By all means let the mother go free, and
take the young [or the eggs] to thee, that it may be well with
thee and thou mayest lengthen thy days." There may be also
in this passage an aim to keep up the species of birds, but the
appeal to humanity is sufficiently obvious. And to mention
but another precept: when the Hebrew was required to
give aid in case the ox even of his enemy had fallen under
its burden, this was dictated not merely by a desire of culti-
vating the fraternal spirit, but also by compassion for the
fallen animal.
Such laws are not found to have existed in Greece or in
Rome, so far as I have been able to discover, although
towards slaves the Athenian code was especially humane. A
very singular and trifling provision in the laws of the Ale-
manni seems to show that the uncivilized Germans were sus-
ceptible of pity towards brutes.
5. Gaming or gambling. The fascination of games of haz-
ard is so-great among civilized as well as uncivilized nations,
that among the former men state their whole property on the
issue, and among the latter stake even their personal freedom.
What is commonly called gambling produces the greatest
amount of evil to society ; but various other sports, the issue
of which is uncertain, and on which men risk money in bets,
are also of no small injury to society. Such are especially
cock-fighting, dog-fighting, and the various kinds of races, as
well as pugilistic contests. Some of the races are noble con-
tests, not set on foot for the purpose of s.taking money on-
them; but it is found that every game attended with risk, al-
though its aim may be good, is abused for the purposes of
the gambler. All these sports and games are prohibited and
were prohibited of old, whenever it was found that they were
injurious to society. The Roman law forbade gaming for
money (vetita legibus alea, Hor. Carm,, iii., 24, 58), and made
VOL. II.28