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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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The Philosophy of Customary Law (Hardcover)
Loot Price: R3,140
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The Philosophy of Customary Law (Hardcover)
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Although many modern philosophers of law describe custom as merely
a minor source of law, formal law is actually only one source of
the legal customs that govern us. Many laws grow out of custom, and
one measure of a law's success is by its creation of an enduring
legal custom. Yet custom and customary law have long been neglected
topics in unsettled jurisprudential debate. Smaller concerns, such
as whether customs can be legitimized by practice or by
stipulation, stipulated by an authority or by general consent, or
dictated by law or vice versa, lead to broader questions of law and
custom as alternative or mutually exclusive modes of social
regulation, and whether rational reflection in general ought to
replace sub-rational prejudice. Can legal rules function without
customary usage, and does custom even matter in society? The
Philosophy of Customary Law brings greater theoretical clarity to
the often murky topic of custom by showing that custom must be
analyzed into two more logically basic concepts: convention and
habit. James Bernard Murphy explores the nature and significance of
custom and customary law, and how conventions relate to habits in
the four classic theories of Aristotle, Francisco Suarez, Jeremy
Bentham, and James C. Carter. He establishes that customs are
conventional habits and habitual conventions, and allows us to
better grasp the many roles that custom plays in a legal system by
offering a new foundation of understanding for these concepts.
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