Custom as a Source of Law in jurisprudence

Customs is an integral part of the societal values and obligations. It is a habitual course of conduct having importance in social life as well as legal jurisprudence. Custom is great souce of law because genrally all custom make law to run a society. Custom as a source of law has been studied by different schools of jurisprudential thought. Custom is a habbit that is adopt by a 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 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 particular society only. It has higher authority than the general custom.

 

 

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