Concept
Customary law
Overview
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Customary law (also, consuetudinary or unofficial law) exists where:
a certain legal practice is observed and
the relevant actors consider it to be an opinion of law or necessity (opinio juris).
Most customary laws deal with standards of the community that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see hostis humani generis). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the judicial interpretation of such law by relevant courts.
Overview adapted from Wikipedia (CC BY-SA 4.0; see the article history for authors).
Related ideas
- Anarcho-capitalism
- Stanford University Press
- Hinduism
- Arab world
- Latin America
- Ethiopia
- Middle Ages
- Case law
- Obligation
- Philippines
- Romania
- Scandinavia
- Slavery
- H. L. A. Hart
- Jurist
- Rights
- Common law
- Constitutional law
- Catholic Church
- Deductive reasoning
- Central Asia
- Catalonia
- Java
- Wales
Opposing perspectives
Place in the tradition
Part of Jurisprudence.