The criminal is the one who violates habits and customs of life, the
"folk-ways" of the community where he lives. These customs and folk-ways
must be so important in the opinion of the community as to make their
violation a serious affair. Such violation is considered evil regardless
of whether the motives are selfish or unselfish, good or bad. The
folk-ways have a certain validity and a certain right to respect, but no
one who believes in change can deny that they are a hindrance as well as
a good. Men did not arrive at moral ideas by a scientific or a religious
investigation of good and bad, of right and wrong, of social or
anti-social life.
Man lived before he wrote laws, and before he philosophized. He began
living simply and automatically; he adopted various "taboos" which to
him were omens of bad luck, and certain charms, incantations and the
like, which made him immune from ill-fortune.
All sorts of objects, acts and phenomena have been the subjects of
taboo, and just as numerous and weird have been the charms and amulets
and ceremonies that saved him from the dangers that everywhere beset his
way. The life of the primitive human being was a journey down a narrow
path; outside were infinite dangers from which magic alone could make
him safe.
All animal life automatically groups itself more or less closely into
herds. Buffaloes, horses and wolves run in packs. Some of these groups
are knit closely together like ants and bees, while the units of others
move much more widely apart. But whatever the group may be, its units
must conform. If the wolf gets too far from the pack it suffers or dies;
it matters not whether it be to the right or the left, behind or ahead,
it must stay with the pack or be lost.
Men from the earliest time arranged themselves into groups; they
traveled in a certain way; they established habits and customs and ways
of life. These "folk-ways" were born long before human laws and were
enforced more rigidly than the statutes of a later age. Slowly men
embodied their "taboos," their incantations, their habits and customs
into religions and statutes. A law was only a codification of a habit or
custom that long ago was a part of the life of a people. The legislator
never really makes the law; he simply writes in the books what has
already become the rule of action by force of custom or opinion, or at
least what he thinks has become a law.
Public-domain text, read in full here on John Shaqi.
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