“The custom which was in those days”

— Maimónides , book The Guide for the Perplexed

Source: Guide for the Perplexed (c. 1190), Part III, Ch.32
Context: The custom which was in those days general among all men, and the general mode of worship in which the Israelites were brought up, consisted in sacrificing animals in those temples which contained certain images to bow down to those images, and to burn incense before them; religious and ascetic persons were in those days the persons that were devoted to the service in the temples erected to the stars... It was in accordance with the wisdom and plan of God, as displayed in the whole Creation, that He did not command us to give up and to discontinue all these manners of service, for to obey such a commandment it would have been contrary to the nature of man, who generally cleaves to that to which he is used... By this Divine plan it was effected that the traces of idolatry were blotted out, and the truly great principle of our faith, the existence and Unity of God, was firmly established; this result was thus obtained without deterring or confusing the minds of the people by the abolition of the service to which they were accustomed and which alone was familiar to them.

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Maimónides 180

rabbi, physician, philosopher 1138–1204

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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.