Custom as a Source of Law

Bederman, David J.

Published by Cambridge University Press, 2010
ISBN 10: 0521897041 / ISBN 13: 9780521897044
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Synopsis: 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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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.

Book Description: Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Is custom a source of law that we should embrace in modern legal systems, or is the notion of law from below outdated? This volume answers this question, offering a fresh perspective on custom's enduring place in both domestic and international law.

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Title: Custom as a Source of Law
Publisher: Cambridge University Press
Publication Date: 2010
Binding: Hardcover
Book Condition: Used: Good

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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2010. Hardback. Book Condition: New. Language: English . Brand New Book ***** Print on Demand *****. 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. Bookseller Inventory # APC9780521897044

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Book Description CAMBRIDGE UNIVERSITY PRESS, United Kingdom, 2010. Hardback. Book Condition: New. Language: English . Brand New Book ***** Print on Demand *****.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. Bookseller Inventory # APC9780521897044

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