Custom as a Source of Law (Hardcover)

Language: English

Published by Cambridge University Press, Cambridge, 2010

0521897041 / 9780521897044

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Hardcover. 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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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. 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 Is custom a source of law that we should embrace in modern legal systems, or is the notion of law from below outdated?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 offers a fresh perspective on custom's enduring place in both domestic and international law. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.…

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Title
Custom as a Source of Law (Hardcover)
Author
David J. Bederman
Publisher
Cambridge University Press, Cambridge
Publication year
2010
Condition
new
Binding
Hardcover
Language
English
ISBN 10
0521897041
ISBN 13
9780521897044

CitiRetail

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