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Updated: June 27, 2025
Under all the sleek, smooth, canty phrases of ecclesiastic proverb, precept, axiom, and lore, there is truth worth the sifting out." "You are welcome to think so, Guilder." "You also could come to no other conclusion if you took the trouble to investigate." Drene smiled: "Morals are no more than folk-ways merely mental condition consequent upon custom.
The smallest investigation of the philosophy of law shows how silly and reactionary such statements are. One thing should be remembered. Laws really come from the habits, customs and feelings of the people, as interpreted or understood by legislative bodies. When these habits and customs are old enough they become the folk-ways of the people. Legislatures and courts only write them down.
The laws against blasphemy, against Sunday work and Sunday play, against buying and transporting intoxicating liquors and smuggling goods are freely violated. Many laws are so recent that they have not grown to be folk-ways or fixed new habits, and their violation brings no moral shock.
When the folk-ways change the laws change, even though no legislature or judge has recorded their repeal. Since Professor Sumner of Yale University wrote his important book, "Folkways," there is no excuse for any student not knowing that this statement is true. As a matter of fact, no court ever enforced all the written laws, or ever would, or ever could.
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