ДЕРЖАВНЕ САНКЦІОНУВАННЯ ЗВИЧАЮ – ПЕРЕТВОРЕННЯ У ПРАВО?
Journal: Visnyk of the Lviv University Series Law
Year: 2024

The article is dedicated to the issue of state sanctioning of a custom in relation to the phenomenon of customary law. The idea of the need for state sanctioning of a custom in order to transform it into law was introduced by the British positivist John Austin (1790–1859). He was the first to assert that a custom can become law only if sanctioned by a legislator or judge. Followers of this approach further developed his ideas, adding the possibility of sanctioning a custom by administrative prac