Customs are a living, negociated practices which are constantly being addaped to new circumstances, including power relations. They should not be romanticized being riven with inequality and other biases.
Laws don't have the plasticity and the evolutionary power of customs. Historically speaking, uniform legal codes were some of the hardest things a state had to do. The transition from feudalism to a state, after the French revolution, hinged on the ability of the statesmen to codify all the customs into property laws.
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