The philosophy of customary law
Murphy, James BernardAuthor
This book attempts to bring greater theoretical clarity to the often murky topic of custom by showing that custom must be analysed into two more logically basic concepts: convention and habit. Customs are conventional habits and habitual conventions. Once we have a clearer understanding of custom we can better grasp the many roles that custom plays in a legal system.
Bibliographic Level Mode of Issuance: Monograph
Includes bibliographical references and index.
This book attempts to bring greater theoretical clarity to the often murky topic of custom by showing that custom must be analysed into two more logically basic concepts: convention and habit. Customs are conventional habits and habitual conventions. Once we have a clearer understanding of custom we can better grasp the many roles that custom plays in a legal system.
Description based on online resource; title from home page (viewed on March 17, 2014).
Habit and convention at the foundation of custom -- Customary law in Suárez : will of the sovereign or of the people? -- A commentary on the comment : Jeremy Bentham's theory of custom -- James C. Carter's natural law theory of custom.
Customary law
Customary law
Law, Politics & Government
Law, General & Comparative