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Folk Law : essays in the theory and practice of Lex Non Scripta Volume I
Part of the problem in defining folk law adequately stems from the lack of clarity surrounding the term "folk." In its original nineteenth-century sense, it referred to the illiterate in a literate society, that is, people who could not read or write who lived in a society that had a written language. In effect, folk meant peasant, European peasant in particular. Accordingly, a folk society was essentially understood to be a peasant society. This meant that folk was defined primarily in contrast with the literate, educated segment of society. The contrast also assumed a distinction between rural and urban. In terms of class, the folk were the lower class; the phrase "vulgus in populo" epitomizes this view.
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