19.12.11

Laws of the Book Vs. Traditional Customs

Throughout the world the strictness of the Lex Scripta is in inverse ratio to that of custom: whenever the former is lax, the latter is stringent, and vice versa.

Thus in England, where law leaves men comparatively free, they are slaves to a grinding despotism of conventionalities, unknown in the land of tyrannical rule.

This explains why many men, accustomed to live under despotic governments, feel fettered and enslaved in the so-called free countries.

Hence, also, the reason why notably in a republic there is less private and practical liberty than under a despotism. The “Kazi al-Arab” (Judge of the Arabs) is in distinction to the Kazi al-Shara, or the Kazi of the Koran. The former is, almost always, some sharp-witted greybeard, with a minute knowledge of genealogy and precedents, a retentive memory and an eloquent tongue.

Footnote from Chapter 25: Badawin of al-Hijaz

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