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 wisest conservatism is that of the Hindoos. “Immemorial custom is transcendental law,” says Menu. That is, it was the custom of the gods before men used it. The fault of our New England custom is that it is memorial. What is morality but immemorial custom? Conscience is the chief of conservatives.”
—Henry David Thoreau (1817–1862)