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:
“The husbandman is always a better Greek than the scholar is prepared to appreciate, and the old custom still survives, while antiquarians and scholars grow gray in commemorating it.”
—Henry David Thoreau (1817–1862)