Custom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:
- a certain legal practice is observed and
- the relevant actors consider it to be law (opinio juris).
Related is the idea of prescription; a right enjoyed through long custom rather than positive law.
Read more about Custom (law): Customary Law and Codification, International Law, Customary Law Within Contemporary Legal Systems, Custom in Torts, Custom Law in India, Customary Legal Systems
Famous quotes containing the word custom:
“Parents fear lest the natural love of their children may fade away. What kind of nature is that which is subject to decay? Custom is a second nature which destroys the former. But what is nature? For is custom not natural? I am much afraid that nature is itself only a first custom, as custom is a second nature.”
—Blaise Pascal (1623–1662)