Custom as a Source of Law PDF
By:David J. Bederman
Published on 2010-08-16 by Cambridge University Press
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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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.
This Book was ranked at 20 by Google Books for keyword Customary.
Book ID of Custom as a Source of Law's Books is Ewh_7fbgdO0C, Book which was written byDavid J. Bedermanhave ETAG "VBmfpGkM4UI"
Book which was published by Cambridge University Press since 2010-08-16 have ISBNs, ISBN 13 Code is 9781139493666 and ISBN 10 Code is 1139493663
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