“What use is equality in theory and in law, if it does not penetrate into our customs?”

—  Francisco Luís Gomes

Os Brâmanes, p. 33
Os Brâmanes (1866)

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Francisco Luís Gomes photo
Francisco Luís Gomes 17
Indo-Portuguese physician, writer, historian, economist, po… 1829–1869

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Os Brâmanes (1866). p. 107
Os Brâmanes (1866)

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“One of the principal claims of Mr. Darwin's theory to acceptance is, that it enables us to dispense with a law of progression as a necessary accompaniment of variation. It will account equally well for what is called degradation, or a retrograde movement towards a simpler structure”

Charles Lyell (1797–1875) British lawyer and geologist

Source: The Geological Evidences of the Antiquity of Man (1863), Ch.21, p. 412
Context: One of the principal claims of Mr. Darwin's theory to acceptance is, that it enables us to dispense with a law of progression as a necessary accompaniment of variation. It will account equally well for what is called degradation, or a retrograde movement towards a simpler structure, and does not require Lamarck's continual creation of monads; for this was a necessary part of his system, in order to explain how, after the progressive power had been at work for myriads of ages, there were as many beings of the simplest structure in existence as ever.

George Herbert photo

“966. With customes wee live well, but lawes undoe us.”

George Herbert (1593–1633) Welsh-born English poet, orator and Anglican priest

Jacula Prudentum (1651)

Diogenes Laërtius photo

“There is a written and an unwritten law. The one by which we regulate our constitutions in our cities is the written law; that which arises from customs is the unwritten law.”

Diogenes Laërtius (180–240) biographer of ancient Greek philosophers

Plato, 51.
The Lives and Opinions of Eminent Philosophers (c. 200 A.D.), Book 3: Plato

Émile Durkheim photo

“Methodological rules are for science what rules of law and custom are for conduct.”

Émile Durkheim (1858–1917) French sociologist (1858-1917)

Source: The Division of Labor in Society (1893), p. 364

Peter Kropotkin photo

“Its character is the skillful commingling of customs useful to society, customs which have no need of law to insure respect, with other customs useful only to rulers, injurious to the mass of the people, and maintained only by the fear of punishment.”

Peter Kropotkin (1842–1921) Russian zoologist, evolutionary theorist, philosopher, scientist, revolutionary, economist, activist, geogr…

Source: Law and Authority (1886), II
Context: Legislators confounded in one code the two currents of custom of which we have just been speaking, the maxims which represent principles of morality and social union wrought out as a result of life in common, and the mandates which are meant to ensure external existence to inequality.
Customs, absolutely essential to the very being of society, are, in the code, cleverly intermingled with usages imposed by the ruling caste, and both claim equal respect from the crowd. "Do not kill," says the code, and hastens to add, "And pay tithes to the priest." "Do not steal," says the code, and immediately after, "He who refuses to pay taxes, shall have his hand struck off."
Such was law; and it has maintained its two-fold character to this day. Its origin is the desire of the ruling class to give permanence to customs imposed by themselves for their own advantage. Its character is the skillful commingling of customs useful to society, customs which have no need of law to insure respect, with other customs useful only to rulers, injurious to the mass of the people, and maintained only by the fear of punishment.

Maimónides photo

“According to the theory of those weak minded persons, man is more perfect than his Creator. For what man says or does has a certain object, whilst the actions of God are different; He commands us to do what is of no use to us, and forbids us to do what is harmless. Far be this! On the contrary, the sole object of the Law is to benefit us.”

Maimónides book The Guide for the Perplexed

Source: Guide for the Perplexed (c. 1190), Part III, Ch.31

Joseph Fourier photo

“Primary causes are unknown to us; but are subject to simple and constant laws, which may be discovered by observation, the study of them being the object of natural philosophy.
Heat, like gravity, penetrates every substance of the universe, its rays occupy all parts of space. The object of our work is to set forth the mathematical laws which this element obeys. The theory of heat will hereafter form one of the most important branches of general physics.”

Joseph Fourier book The Analytical Theory of Heat

Source: The Analytical Theory of Heat (1878), Ch. 1, p. 1

Frederick Douglass photo

“Social equality does not necessarily follow from civil equality, and yet for the purpose of a hell black and damning prejudice, our papers still insist that the Civil Rights Bill is a Bill to establish social equality. If it is a Bill for social equality, so is the Declaration of Independence, which declares that all men have equal rights; so is the Sermon on the Mount, so is the Golden Rule, that commands us to do to others as we would that others should do to us; so is the Apostolic teaching, that of one blood God has made all nations to dwell on all the face of the earth; so is the Constitution of the United States, and so are the laws and customs of every civilized country in the world; for nowhere, outside of the United States is any man denied civil rights on account of his color.”

Frederick Douglass (1818–1895) American social reformer, orator, writer and statesman

Speech at the Civil Rights Mass-Meeting Held at Lincoln Hall (22 October 1883), as quoted in The Life and Times of Frederick Douglass https://archive.org/stream/lifetimesoffrede1881doug/lifetimesoffrede1881doug_djvu.txt (1881).
1880s, Speech at the Civil Rights Mass Meeting (1883)

Clarence Thomas photo

“Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

Concurring in Adarand v. Pena, 515 U.S. 200 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=U10252&friend=oyez (1995).
1990s
Context: [I disagree] that there is a racial paternalism exception to the principle of equal protection. I believe that there is a 'moral [and] constitutional equivalence,' between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality. Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law.

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