Customs are a living, negociated practices which are constantly being addaped to new circumstances, including power relations. They should not be romanticized being riven with inequality and other biases.
Laws don't have the plasticity and the evolutionary power of customs. Historically speaking, uniform legal codes were some of the hardest things a state had to do. The transition from feudalism to a state, after the French revolution, hinged on the ability of the statesmen to codify all the customs into property laws.
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Machiavelli asserts that the "main foundations" of every state are "good laws and good arms," meaning that a ruler must anchor his state to sound legal and military codes if he wishes to maintain his pow...
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