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Custom as a source of law /
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...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge ; New York :
Cambridge University Press,
2010.
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| Temas: | |
| Acceso en línea: | Texto completo |
| Sumario: | 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a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today?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. |
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| Descripción Física: | 1 online resource (xiv, 266 pages) |
| Bibliografía: | Includes bibliographical references and index. |
| ISBN: | 9780511902437 0511902433 9780511781971 0511781970 0511850778 9780511850776 1107212227 9781107212220 1282771574 9781282771574 9786612771576 6612771577 0511799284 9780511799280 0511797885 9780511797880 0511900856 9780511900853 |