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Custom creates the whole of equity, for the simple reason that it is accepted.
-Blaise Pascal
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Custom Creates The Whole Of Equity, For

Blaise Pascal
Custom creates the whole of equity, for the simple reason that it is accepted.
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Simple Reason Accepted

More From Blaise Pascal

Equity sends questions to law. law sends questions back to equity; law finds it can't do this, equity finds it can't do that; neither can do anything, without this solicitor instructing and this counsel appearing for a, and that solicitor instructing & that counsel appearing for b.
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Equity is a roguish thing. for law we have a measure, know what to trust to; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity. 't is all one as if they should make the standard for the measure we call a "foot" a chancellor's foot; what an uncertain measure would this be! one chancellor has a long foot, another a short foot, a third an indifferent foot. 't is the same thing in the chancellor's conscience.
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The whole drift of our law is toward the absolute prohibition of all ideas that diverge in the slightest form from the accepted platitudes, and behind that drift of law there is a far more potent force of growing custom, and under that custom there is a natural philosophy which erects conformity into the noblest of virtues and the free functioning of personality into a capital crime against society.
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Culture has never the translucidity of custom; it abhors all simplification. in its essence it is opposed to custom, for custom is always the deterioration of culture.
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A convention is a social pattern we have chosen to prefer over whatever the raw world simply proffers. it is a sign of the operation of the mind, drawing the assent of a sufficient number of other minds so that the agreement will be widely operative. a convention is not a custom; a custom is a habit in which a sufficient number acquiesce. a custom can appear as a convention, but it is really a lesser act, the result of passive acceptance rather than of the imposition of design. it is the difference between learning to live by the annual flooding of the river or by a calendar.
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Morality makes stupid.- custom represents the experiences of men of earlier times as to what they supposed useful and harmful - but the sense for custom (morality) applies, not to these experiences as such, but to the age, the sanctity, the indiscussability of the custom. and so this feeling is a hindrance to the acquisition of new experiences and the correction of customs: that is to say, morality is a hindrance to the development of new and better customs: it makes stupid.
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