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members of a society. Some of the rules of conduct fall into the realm of good
manners as the culture defines them. As such they describe behavior that is
socially desirable but not necessarily compulsory. Other rules of conduct are
not optional and are enforced by laws. 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.
Crimes and disputes are rarely simple matters in any society. Laws may be
open to interpretation, and there often is a difference of opinion about the
evidence. Even when guilt is established, there can be a difference of opinion
about the appropriate punishment or terms of settlement. Because these
issues are open to differing conclusions, most societies settle legal cases by
the agreement of the entire community or a representative sample of it. Jury
systems around the world usually are based on this idea. The assumption is
made that jurors will come to an understanding that would be acceptable to a
"reasonable man." In most societies in the past, the "reasonable man" was
thought to be just that, a man. Women and children were not thought to be
reasonable, nor were uneducated poor men. Subsequently, they were
excluded from being jurors and judges. This is still the situation in some of the
more traditional societies of the Middle East and some other regions.
Law is by no means the only method for controlling the behavior of deviant
individuals. People who violate norms can be subjected to gossip, public
ridicule, social ostracism, insults, and even threats of physical harm by other
members of their community. These kinds of informal negative
sanctions are very effective in small-scale societies. In larger societies, this
method also works effectively in small towns and sub-groups of cities, such as
a family, work group, church, or club.