
Wason v. Walter (1868), L. R. 4 Q. B. 93.
Source: Law and Authority (1886), II
Context: As man does not live in a solitary state, habits and feeling develop within him which are useful for the preservation of society and the propagation of the race. Without social feelings and usages life in common would have been absolutely impossible. It is not law which has established them; they are anterior to all law. Neither is it religion which has ordained them; they are anterior to all religions. They are found amongst all animals living in society. They are spontaneously developed by the new nature of things, like those habits in animals which men call instinct. They spring from a process of evolution, which is useful, and, indeed, necessary, to keep society together in the struggle it is forced to maintain for existence.
Wason v. Walter (1868), L. R. 4 Q. B. 93.
Source: Law and Authority (1886), II
Context: The hospitality of primitive peoples, respect for human life, the sense of reciprocal obligation, compassion for the weak, courage, extending even to the sacrifice of self for others which is first learnt for the sake of children and friends, and later for that of members of the same community — all these qualities are developed in man anterior to all law, independently of all religion, as in the case of the social animals. Such feelings and practices are the inevitable results of social life. Without being, as say priests and metaphysicans, inherent in man, such qualities are the consequence of life in common.
But side by side with these customs, necessary to the life of societies and the preservation of the race, other desires, other passions, and therefore other habits and customs, are evolved in human association. The desire to dominate others and impose one's own will upon them; the desire to seize upon the products of the labor of a neighboring tribe; the desire to surround oneself with comforts without producing anything, while slaves provide their master with the means of procuring every sort of pleasure and luxury — these selfish, personal desires give rise to another current of habits and customs.
Source: The Best That Money Can't Buy: Beyond Politics, Poverty, & War (2002), p. 72
In the Trial of Aaron Burr, August 1807
§ 5
From Lives and Opinions of the Eminent Philosophers by Diogenes Laërtius