Notes

In complex, large-scale societies, laws are usually written down formally so that they can be known clearly to everyone. This is not the case with laws in small-scale societies such as those of foragers, pastoralists, and horticulturalists. Their laws commonly are much more informal, being rarely written down. Since they are part of the evolving oral tradition that is familiar to members of these societies, there is no need to explain them to anyone. However, people visiting from other societies are not likely to know what the laws are until there is a dispute.

How laws come about varies. In small-scale societies, they usually evolve over time and are part of the cultural tradition. These are referred to as common laws. In large-scale societies, many laws derive from old common laws that are now formalized by being written down in penal codes. Other laws in these complex societies do not evolve organically but are created by enactment in legislatures or by rulers. These may or may not be codifications of existing social norms. Those laws that parallel the existing norms usually are more likely to be accepted and followed without coercion.