Dak
mentat
I meant thinking in general; thought is abstract.
The state is the entire population if it's merely the manifestation of Law in people's psyches. Not some specific law such as "thou shalt not kill." I mean Law in general, its very form (its content does not matter at all). It has nothing to do with payroll or employment; this is all far more developed than what I'm talking about. I don't agree with your dissociation of Law and State. They're inseparable, in my opinion. You can't have the Law and not have the State. In fact, I would claim that Law is itself the State; the form of the State prior to its later manifestations. It's an institution, even if it doesn't possess employees.
The divisiveness doesn't depend on any of the Law's content. Any notion of Law, by its very institution, will be divisive. Also, the "nature of the people" might play some role; but this sounds like there must be natures that are superior to others.
Without the state, there is no application of Law. This is why I don't buy your separation. Without some form of the State, the Law depends on individual humans to act accordingly; again, this suggests a cognitive revolution that would, in fact, make Law obsolete. The State is not a mistake or a flawed application of any tool; it's inherently connected to the process of human cognition and capacity to conceive of Law.
It's no surprise you are insisting on rolling the state, Law, and punishment into one big opaque ball. It's that exact errancy that makes any current abolition of a state rather pointless.
Humans, in general, act according to the Law because of nature, not because of the state. Otherwise we would have neither Law nor State, or in the least very different Laws. The idealistic argument for the state is to protect the majority who naturally act in accordance from the minority who do not.