customary law _ its requisites by shoaibanjum

Dispute resolution is not the only source of legal evolution undercustomary law. Individuals may observe others behaving in a particularway in a new situation and adopt similar behavior themselves,recognizing the benefit of avoiding confrontation. Institutionsfor enforcement similarly evolve due to recognition of reciprocalbenefits.

CUSTOM LAW ENFORCEMENT RINGS RELATED , , , , , , , , , , , , , , , , , , , ,

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(Custom laws arise out of the practise of life and become written down as rules.) A judgment under customary law is typically enforceable becauseof an effective threat of total ostracism by the community (e.g.,the primitive tribe, the merchant community). Reciprocities betweenthe groups, recognizing the high cost of refusal to accept goodjudgments, takes those who refuse such a judgment outside theirsupport group and they become outcasts or "outlaws."The adjudicated solutions tend to be accepted due to fear of thissevere boycott sanction.

custom law enforcement rings Quotes

Members of the Fish Sellers Guild meet to discuss cases, decided by their customary lawsIn an organic society, custom should be the source of the written law. A written law that has no connection to the customs is often an absurd law. For this reason, the two spheres - the written law and the customs - are different in each country because they are in accordance with the mentalities of the different peoples.

The Duke Project on Custom and Law | Duke University School of Law


"... We live in a law-ridden society; law has cannibalized the institutions which it presumably reinforces or with which it interacts.... [W]e are encouraged to assume that legal behavior is the measure of moral behavior.... Efforts to legislate conscience by an external political power are the antithesis of custom: customary behavior comprises precisely those aspects of social behavior which are traditional, moral and religious--in short, conventional and nonlegal. Put another way, custom is social morality. the relation between custom and law is basically one of contradiction, not continuity.Under customary law, offenses are treated as torts (private wrongsor injuries) rather than crimes (offenses against the state orthe "society"). A potential action by one person hasto affect someone else before any question of legality can arise;any action that does not, such as what a person does alone orin voluntary cooperation with someone else but in a manner thatclearly harms no one, is not likely to become the subject of arule of conduct under customary law. Fuller proposed that "customarylaw" might best be described as a "language of interaction."Facilitating interaction can only be accomplished with recognitionof clear (although not necessarily written) codes of conduct enforcedthrough reciprocally acceptable, well established adjudicationarrangements accompanied by effective legal sanctions.Customary law is recognized, not because it is backed by the powerof some strong individual or institution, but because each individualrecognizes the benefits of behaving in accordance with other individuals'expectations, _given_ that others also behave as he expects. Alternatively,if a minority coercively imposes law from above, then that lawwill require much more force to maintain social order than isrequired when law develops from the bottom through mutual recognitionand acceptance.Customary international law are those aspects of that derive from . Along with and , custom is considered by the , , the , and its to be among the primary .