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Common Law Doesn't Produce Rules of Segregation
In order for human beings to succeed in anything, they have to learn how to banish violence from their interaction and live in peace. The ability to cooperate is what allows human beings to progress. And as a result, the common law tends to produce peace as its outcome. But it's very hard to get oppressive rules out of the common law because you'd have to want to spend your own money to oppress otherp if you want to engage in oppression,. You need a government to engage in ef effective oppression.