Note 62 — Chapter III · OTHER KINDS OF LAW.

See, for example, Bryce’s Studies in History and Jurisprudence, vol. ii. pp. 44 and 249: “Broadly speaking, there are in every community two authorities which can make law: the State, i.e., the ruling and directing power, whatever it may be, in which the government of the community resides, and the People, that is, the whole body of the community, regarded not as incorporated in the state, but as being merely so many persons who have commercial and social relations with one another.... Law cannot be always and everywhere the creation of the state, because instances can be adduced where law existed in a community before there was any state.” See also Pollock’s First Book of Jurisprudence, p. 24: “That imperative character of law, which in our modern experience is its constant attribute, is found to be wanting in societies which it would be rash to call barbarous, and false to call lawless.... Not only law, but law with a good deal of formality, has existed before the State had any adequate means of compelling its observance, and indeed before there was any regular process of enforcement at all.” See also Maine’s Early History of Institutions, Lect. 12, p. 364, and Lect. 13, p. 380; Walker’s Science of International Law, pp. 11–21.