Source: Law and Authority (1886), II
Context: Relatively speaking, law is a product of modern times. For ages and ages mankind lived without any written law, even that graved in symbols upon the entrance stones of a temple. During that period, human relations were simply regulated by customs, habits, and usages, made sacred by constant repetition, and acquired by each person in childhood, exactly as he learned how to obtain his food by hunting, cattle-rearing, or agriculture.
All human societies have passed through this primitive phase, and to this day a large proportion of mankind have no written law. Every tribe has its own manners and customs; customary law, as the jurists say. It has social habits, and that suffices to maintain cordial relations between the inhabitants of the village, the members of the tribe or community. Even amongst ourselves — the "civilized" nations — when we leave large towns, and go into the country, we see that there the mutual relations of the inhabitants are still regulated according to ancient and generally accepted customs, and not according to the written law of the legislators.
