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The Nature of Customary Law - Legal, Historical and Philosophical Perspectives (Paperback)
Loot Price: R1,337
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The Nature of Customary Law - Legal, Historical and Philosophical Perspectives (Paperback)
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Some legal rules are not laid down by a legislator but grow instead
from informal social practices. In contract law, for example, the
customs of merchants are used by courts to interpret the provisions
of business contracts; in tort law, customs of best practice are
used by courts to define professional responsibility. Nowhere are
customary rules of law more prominent than in international law.
The customs defining the obligations of each State to other States
and, to some extent, to its own citizens, are often treated as
legally binding. However, unlike natural law and positive law,
customary law has received very little scholarly analysis. To
remedy this neglect, a distinguished group of philosophers,
historians and lawyers has been assembled to assess the nature and
significance of customary law. The book offers fresh insights on
this neglected and misunderstood form of law.
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