Mill shows how laws appeared to be based on the 'likings and dislikings' of society and the likings and dislikings of the majority or powerful section of society; and that time is spent on deciding what society should or shouldn't like, not whether the likings or dislikings of society should be the basis of law.
Mill gives a number of examples of what caused laws to be made:
- prejucice - morality - envy - arrogance - class superiority - self-interest - superstition
It appears strange that there isn't any agreement between different time periods and countries. People don't question their own rules as they become custom and believe its right as that is how it has always been.
Mill says that there should be some legal rules against things which cause harm to others such as murder and some social laws for things that don't fit the operator of law. There should be a rule or principle to determine the correct level of state intervention (harm to others principle) and whether it is good or bad. He said that currently whether a law is correct or not is down to chance and a test would eliminate bad laws.
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