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Encyclopedia > Custom (law)

In law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting. Generally, customary law exists where: For other uses, see Law (disambiguation). ...

  • a certain legal practice is observed
  • the relevant actors consider it to be law (opinio iuris).

Contents

Customary law and codification

The modern codification of civil law developed out of the customs, or coutumes of the Middle Ages, expressions of law that developed in particular communities and slowly collected and written down by local jurists. Such customs acquired the force of law when they became the undisputed rule by which certain entitlements (rights) or obligations were regulated between members of a community. In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ... For other uses of civil law, see civil law. ... The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... In jurisprudence and law, a right is the legal or moral entitlement to do or refrain from doing something or to obtain or refrain from obtaining an action, thing or recognition in civil society. ... An obligation can be legal or moral. ...


International law

In international law, customary law refers to the Law of Nations or the legal norms that have developed through the customary exchanges between states over time, whether based on diplomacy or aggression. Essentially, legal obligations are believed to arise between states to carry out their affairs consistently with past accepted conduct. These customs can also change based on the acceptance or rejection by states of particular acts. Some principles of customary law have achieved the force of peremptory norms, which cannot be violated or altered except by a norm of comparable strength. These norms are said to gain their strength from universal acceptance, such as the prohibitions against genocide and slavery. Customary international law can be distinguished from treaty law, which consists of explicit agreements between nations to assume obligations. However, many treaties are attempts to codify pre-existing customary law. This article or section is in need of attention from an expert on the subject. ... For other uses, see State (disambiguation). ... This article is about negotiations. ... A peremptory norm (also called jus cogens, Latin for compelling law) is a fundamental principle of international law considered to have acceptance among the international community of states as a whole. ... Genocide is the deliberate and systematic destruction of an ethnic or national group. ... Slave redirects here. ... This does not cite any references or sources. ...


Customary law within contemporary legal systems

Customary law may also be relevant within jurisdictions following another legal tradition such as civil law in fields or subfields of law where no legislative enactment exists. For example, in Austria, scholars of private law often claim that customary law continues to exist, whereas public law scholars dispute this claim. In any case, it is hard to find any practically relevant examples. In the Scandinavian countries customary law continues to exist and has great influence. Customary law is also used in some Third World countries, such as in Africa, usually used alongside common or civil law.[1] This article does not cite any references or sources. ... For other uses of civil law, see civil law. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article or section does not adequately cite its references or sources. ... For other uses, see Scandinavia (disambiguation). ... For the Jamaican reggae band, see Third World (band). ... A world map showing the continent of Africa Africa is the worlds second-largest and second most-populous continent, after Asia. ...


Custom in torts

Custom is used in tort law to help determine negligence. Following or disregarding a custom is not determinative of negligence, but instead is an indication of possible best practices or alternatives to a particular action. Not to be confused with torte, an iced cake. ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ...


See also


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