We have on offer two contrasting systems of collective social order. One is based essentially on concord, on the fundamental harmony of wills, and is developed and cultivated by religion and custom. The other is based on convention, on a convergence or pooling of rational desires; it is guaranteed and protected by political legislation, while its policies and their ratification are derived from public opinion.

Furthermore, there are two contrasting legal systems. The first is a mutually binding system of positive law, of enforceable norms regulating the relationships of individuals one with another. It has its roots in family life and its concrete embodiment in the ownership of land. Its forms are basically determined by custom, which religion consecrates and transfigures, if not as divine will then as the will of wise rulers who interpret the divine will in trying to adapt and improve those forms. The second system is also a system of positive law which is devoted to upholding the separate identities of rational individuals in the midst of all their combinations and entanglements. It has its natural basis in the formal regulation of trade and similar business but attains superior validity and binding force only through the sovereign will and power of the state.