THREE:Still more important was the antithesis between Nature and convention, which, so far as we know, originated exclusively with Hippias. We have already observed that universality and necessity were, with the Greeks, standing marks of naturalness. The customs of different countries were, on the other hand, distinguished by extreme variety, amounting sometimes to diametrical opposition. Herodotus was fond of calling attention to such contrasts; only, he drew from them the conclusion that law, to be so arbitrary, must needs possess supreme and sacred authority. According to the more plausible interpretation of Hippias, the variety, and at least in Greek democracies, the changeability of law proved that it was neither sacred nor binding. He also looked on artificial social institutions as the sole cause of division and discord among mankind. Here we already see the dawn of a cosmopolitanism afterwards preached by Cynic and82 Stoic philosophers. Furthermore, to discover the natural rule of right, he compared the laws of different nations, and selected those which were held by all in common as the basis of an ethical system.63 Now, this is precisely what was done by the Roman jurists long afterwards under the inspiration of Stoical teaching. We have it on the high authority of Sir Henry Maine that they identified the Jus Gentium, that is, the laws supposed to be observed by all nations alike, with the Jus Naturale, that is, the code by which men were governed in their primitive condition of innocence. It was by a gradual application of this ideal standard that the numerous inequalities between different classes of persons, enforced by ancient Roman law, were removed, and that contract was substituted for status. Above all, the abolition of slavery was, if not directly caused, at any rate powerfully aided, by the belief that it was against Nature. At the beginning of the fourteenth century we find Louis Hutin, King of France, assigning as a reason for the enfranchisement of his serfs, that, according to natural law, everybody ought to be born free, and although Sir H. Maine holds this to have been a mistaken interpretation of the juridical axiom omnes homines natura aequales sunt, which means not an ideal to be attained, but a primitive condition from which we have departed: nevertheless it very faithfully reproduces the theory of those Greek philosophers from whom the idea of a natural law was derived. That, in Aristotles time at least, a party existed who were opposed to slavery on theoretical grounds of right is perfectly evident from the language of the Politics. Some persons, says Aristotle, think that slave-holding is against nature, for that one man is a slave and another free by law, while by nature there is no difference between them, for which reason it is unjust as being the result of force.64 And he proceeds to prove the contrary at length. The same doctrine of natural equality led to important political consequences, having, again according to Sir83 H. Maine, contributed both to the American Declaration of Independence and to the French Revolution.When the Academicians pass from the form to the matter of dogmatic philosophy, their criticisms acquire greater interest and greater weight. On this ground, their assaults are principally directed against the theology of their Stoic and Epicurean rivals. It is here in particular that151 Carneades reveals himself to us as the Hume of antiquity. Never has the case for agnosticism been more powerfully made out than by him or by the disciples whom he inspired. To the argument for the existence of supernatural beings derived from universal consent, he replies, first, that the opinion of the vulgar is worthless, and secondly, that mens beliefs about the gods are hopelessly at variance with one another, even the same divinity being made the subject of numberless discordant legends.238 He reduces the polytheistic deification of natural objects to an absurdity by forcing it back through a series of insensible gradations into absolute fetichism.239 The personification of mental qualities is similarly treated, until an hypothesis is provided for every passing mood.240 Then, turning to the more philosophical deism of the Stoics, he assails their theory of the divine benevolence with instance after instance of the apparent malevolence and iniquity to be found in Nature; vividly reminding one of the facts adduced by Mr. Herbert Spencer in confutation of the similar views held by modern English theologians.241 As against the whole theory of final causes, Carneades argues after a method which, though logically sound, could not then present itself with the authority which advancing science has more recently shown it to possess. What you Stoics, he says,152 explain as the result of conscious purpose, other philosophers, like Strato for instance, explain with equal plausibility as the result of natural causation. And such is our ignorance of the forces at work in Nature that even where no mechanical cause can be assigned, it would be presumptuous to maintain that none can exist.242 The reign of law does not necessarily prove the presence of intelligence; it is merely the evidence of a uniform movement quite consistent with all that we know about the working of unconscious forces.243 To contend, with Socrates, that the human mind must be derived from a Universal Mind pervading all Nature would logically involve the transfer of every human attribute to its original source.244 And to say that the Supreme Being, because it surpasses man, must possess an intelligence like his, is no more rational than to make the same assumption with regard to a great city because it is superior to an ant.245
