Primitive societies have customs, not laws from "summary" of Ancient Law Its Connection to the History of Early Society by Henry Sumner Maine
In the early stages of society, rules were not created through a legislative process or written down in a formal manner. Instead, customs dictated how individuals were expected to behave within their community. These customs were passed down through generations and became ingrained in the social fabric of the society. They were simple guidelines that governed interactions between people and ensured order and harmony within the community. These customs were not arbitrary rules imposed by a higher authority, but rather were organic practices that evolved over time based on the needs and values of the society. They were rooted in tradition and were seen as essential for maintaining the stability of the community. Additionally, customs were flexible and could adapt to changing circumstances, allowing for a degree of fluidity in how they were interpreted and applied. While customs provided a framework for social behavior, they were not enforced through a formal system of laws and punishments. Instead, individuals were expected to adhere to these customs out of a sense of duty and respect for tradition. Violations of customs were often met with social ostracism or other forms of informal retribution, rather than legal consequences. The absence of formal laws in primitive societies meant that there was a greater emphasis on personal relationships and community consensus in resolving conflicts. Disputes were often settled through mediation by respected members of the community, rather than through a formal legal process. This reliance on informal resolution mechanisms helped to maintain social cohesion and foster a sense of unity among community members.- The concept that primitive societies have customs, not laws, highlights the unique characteristics of early social organization. Customs served as the foundation for social order and cohesion, guiding behavior and interactions within the community. While customs lacked the formal structure of modern legal systems, they played a crucial role in shaping the norms and values of primitive societies.
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