Custom as a Source of Law

Name: Custom as a Source of Law
Brand: Cambridge University Press
SKU: 9780521721820
Price: 4731.0 INR
Availability: InStock

by David J. Bederman

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ISBN13: 9780521721820
Binding: Paperback
Subject: N/A
Publisher: Cambridge University Press
Publisher Imprint: Cambridge University Press
Publication Date: August 16, 2010
Pages: 288
Original Price: GBP 37.0
Language: English
Edition: N/A
Item Weight: 454 grams
BISAC Subject(s): Jurisprudence

About The Book

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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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

About The Author

Bederman, David J.: - David J. Bederman is K. H. Gyr Professor in Private International Law at Emory University. Professor Bederman has published extensively on diverse legal topics, including legal history, constitutional law, and international legal theory and practice. In addition to a number of books and dozens of articles and essays, his major publications include Globalization and International Law (2008), The Classical Foundations of the American Constitution (2008), The Spirit of International Law (2002), International Law in Antiquity (2001), and International Law Frameworks (2001).

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