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Custom as a Source of Law 1st Edition by David J Bederman ISBN 0521897041 9780521897044

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Custom as a Source of Law 1st Edition David J. Bederman Digital Instant Download

Author(s): David J. Bederman
ISBN(s): 9780521897044, 0521897041
Edition: 1
File Details: PDF, 1.43 MB
Year: 2010
Language: english
SKU: EB-1774418 Categories: , Tag:

Custom as a Source of Law 1st Edition by David J. Bederman – Ebook PDF Instant Download/Delivery: 0521897041, 9780521897044

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Product details:

ISBN 10: 0521897041

ISBN 13: 9780521897044 

Author: David J. Bederman

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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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

Table of contents:

Part I. Customary Law in Perspective

1. Anthropology: Custom in Pre-Literate Societies
2. Culture: The Western Legal Tradition of Positivism
3. History: The Common Law and Custom
4. Economics, Socio-Biology and Psychology: The Human Impulse of Custom

Part II. Custom in Domestic Legal Systems
5. Family Law
6. Property
7. Contracts
8. Torts
9. Constitutional Law

Part III. Custom in International Law
10. Private International Law: International Commercial Usage
11. Public International Law: Custom among Nations

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