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Book
Custom as a source of law
Author:
ISBN: 9780521897044 9780521721820 9780511781971 0521721822 0521897041 Year: 2010 Publisher: Cambridge : Cambridge University Press,

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Book
Custom as a source of law
Author:
ISBN: 0511850778 1107212227 1282771574 9786612771576 0511781970 051190164X 0511799284 0511902433 0511797885 0511900856 9780511902437 9780511781971 9780521897044 0521897041 9780521721820 0521721822 9780511850776 9781107212220 9781282771574 6612771577 9780511799280 9780511797880 9780511900853 Year: 2010 Publisher: Cambridge : Cambridge University Press,

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Abstract

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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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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