| Custom as a Source of Law |  | Author: David J. Bederman
Publisher: Cambridge University Press
Category: Book
List Price: $31.00
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Sales Rank: 1,123,642
Languages: English (Unknown), English (Original Language), English (Published)
Media: Paperback
Edition: 1
Pages: 282
Number Of Items: 1
Shipping Weight (lbs): 1
Dimensions (in): 8.9 x 5.9 x 0.7
ISBN: 0521721822
EAN: 9780521721820
ASIN: 0521721822
Publication Date: August 16, 2010
Availability: Usually ships in 1-2 business days
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Product Description
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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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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