Custom as a Source of Law in jurisprudence

Customs are an integral part of societal values and obligations. It is a habitual course of conduct having importance in social life as well as legal jurisprudence. Custom is a great source of law because generally, all customs make laws to run a society. Custom as a source of law has been studied by different schools of jurisprudential thought. Custom is a habit that is adopted by society to run their daily life.

Definitions of custom in Jurisprudence:

ohn Salmond says, “Custom is frequently an embodiment of those principles which have commended themselves to the national conscience as principles of justice and public utility.”

General Custom – A general custom enjoys the force of law throughout the state, just like the Common Law in England.

Local Custom – The local customs operate in a particular area and enjoy the force of law in a particular society only. It has higher authority than the general custom.