> Does rule of law mean rules of social interaction? If so, I
> agree that the rule of law exists in almost all societies.
> But I think it's a little strange to blur the differences
> between the rule following in hunting and gathering societies
> with the formal, bureaucratic legal institution and legal
> codes that exist in industrial societies.
Ever heard of structural equivalency? What modern "bureaucratic" courts are for modern society, a council of elders or a similar body was to a pre-hitoric society. Of course they are different in their form and appearance but theyr are structurally equivalent i.e. play similar roles,
I thought my point
> is clear, but I'll make it just once more: human history
> clearly demonstrates that people can live together
> effectively without formal, codified laws or a legal system
> to enforce the laws.
What do you mean by "can"? If you mean 'nonzero probability' then yes you are right. But if you mean 'as possible as with formal rules etc." that is a bunch of pie in the sky wishful thinking. Just go to Ethiopia or Afghanistan to see how wonderful making the rules by the people as they go is.
That said, I agree with JKS that we'd
> be much worse off in the U. S. today without this formal
> legal apparatus.
Ditto.
Wojtek