Customary laws predate formal laws from "summary" of Ancient Law Its Connection to the History of Early Society by Henry Sumner Maine
The origins of legal systems are often traced back to a period when formal laws did not yet exist. Instead, societies relied on customary laws that were passed down through generations. These customary laws were based on traditions, practices, and norms that governed social interactions and relationships within the community. Customary laws were rooted in the customs and beliefs of early societies, shaping their behavior and resolving disputes. They were informal in nature, evolving over time to meet the changing needs and values of the community. These laws were enforced by social pressure and the collective will of the group, rather than through a centralized authority or formal legal system. As societies grew more complex and interactions between different groups increased, customary laws began to be codified and formalized into written statutes. This marked the transition from a system based on unwritten customs to one governed by explicit rules and regulations. Formal laws were created by rulers or legislative bodies to establish a uniform set of standards for behavior and resolve disputes in a systematic manner. While formal laws brought about greater consistency and predictability in legal matters, they did not completely replace customary laws. In many societies, customary laws continued to coexist with formal laws, providing additional guidance and shaping social relationships. Customary laws often retained their influence in areas such as family and inheritance matters, where traditions and cultural practices played a significant role.- The evolution of legal systems from customary laws to formal laws reflects the changing needs and structures of societies over time. While formal laws have come to dominate modern legal systems, the influence of customary laws can still be seen in various aspects of law and society. Understanding the historical development of legal systems helps us appreciate the rich complexity and diversity of human social organization.
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