ENGLISH

Custom as a Source of Law

By David J. Bederman

Book information

Publisher
Cambridge University Press
Year
2010
ISBN
0521897041, 9780521897044, 0521721822, 9780521721820
LCC
K282 .B43 2010
Open Library ID
OL24452960M
Language
english
Format
PDF
Filesize
1 MB (1501860 bytes)
Edition
1
Pages
284\284
Topic
Jurisprudence Law
Time added
2011-06-04 13:46:07

Description

A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.

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