1875. The author examines the customs out of which the law has
developed. He explains in the introduction that all laws float in
men's minds long before they send down a precipitate of imperative
words. For example, it must have been understood by men that
theft-the act of taking the property of another without his
consent-was wrong before they made a law to punish the thief, with
the view of preventing similar depredations. But long before men
made a law they had bolts to their doors, and if they caught the
robber they exercised their right by taking his booty from him and
possibly even by inflicting upon him a vengeful punishment. This
was not done by one man but by many, and we see in it the embryonic
custom out of which the law has developed.
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