Talk:Customary law

message: "In Canada, customary aboriginal law has a constitutional foundation and for this reason has increasing influence." What?? Aboriginal law in Canada?  —Preceding unsigned comment added by Winedrauv (talk • contribs) 00:03, 13 November 2008 (UTC)
thread_title:  Untitled 

message: I wanted to explain the partial reversion of the edits by Fhusis- I reverted the portion dealing with custom under civil law traditions, but left the section on Canada (which I really don't know anything about.  The information I have, mostly Merryman, but not exclusively, as well as consistency with the principles of the civil law tradition, indicates that custom is always inferior.  It makes sense as it would put far too much power in the hands of judges (a very bad thing in the perception of civil law states).
As far as the deleted consitutional reference, this can be taken one of two ways, neither of which seemed appropriate.  First, it could mean that being included in the constitution means it is no longer inferior to statutes or regulations.  My understanding is that custom as a source is included in the constitution, but the hierarchy is not changed.  I could be wrong and it could be by statute, but I don't believe so.  Second, it could mean that specific customs could become superior if included in the constitution.  The problem there is that, in that case, what was a custom is now superior because it constitutional (a "super statute").  In other words, it is the consitutional process that makes it superior, not its evolution as custom.
At any rate, I'll also point out that that paragraph does not make any statement about how custom is handled in Canada as Canada is a common law state, not a civil law state.  IMHO (talk) 18:06, 15 September 2008 (UTC)
thread_title:  Always inferior 

message: Where is this magical R v Boomsdale case from? Could the person who posted it please include a citation or at least which country's legal tradition it is from? I'm finding it impossible to track down.
Or are you referring to something that's analogous to the implication of terms by custom into contracts? In that case, there would be any number of cases you could refer to. Jasmeen Malhotra (talk) 05:48, 18 July 2009 (UTC)
thread_title:  Custom in torts 

message: In :image:LegalSystemsOfTheWorldMap.png, the only countries marked as having customary law are Mongolia and Sri Lanka, both not mentioned here. The ones mentioned (Kyrgyzstan, Somalia and to some extent Canada and unspecified Scandinavian and African countries) are not marked in the map. I am aware that a lossless visualization is impossible, but here there's no overlap at all between the map and the text.--87.162.30.35 (talk) 23:04, 28 October 2009 (UTC)
thread_title:  Inconsistent with map 

message: what is the difference between the tow? 98.206.155.53 (talk) 18:17, 18 March 2011 (UTC)
thread_title:  common law 

message: The main focus of this article seems to be Customary law, not Custom (law). I would suggest either splitting this article into two, as above, or renaming the article to the former. Thanks, DA Sonnenfeld (talk) 11:19, 25 February 2013 (UTC)
thread_title:  Article title (Customary law?) 

message: Support. This merger makes sense... The topics of the two articles seem to fit together nicely, and Consuetudinary is not much more than a stub. Thanks, DA Sonnenfeld (talk) 11:21, 25 February 2013 (UTC)
thread_title:  Merge proposal (Consuetudinary) 

message: Would the unwritten British constitution fall under this? I keep hearing there is a constitution, but no one has bothered to write it down. (Apparently it's not deemed important enough.) There doesn't seem to be case law about it either (not sure what court would be competent), so custom seems all that's left?  --86.135.174.109 (talk) 12:30, 29 January 2014 (UTC)
thread_title:  Unwritten British Constitution 

message: Hello fellow Wikipedians,
I have just modified  on Custom (law). Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes:
*Added archive https://web.archive.org/web/20070320212057/http://laws.justice.gc.ca:80/en/Const/annex_e.html to http://laws.justice.gc.ca/en/const/annex_e.html
*Added archive https://web.archive.org/web/20110726084227/http://www.chfhq.org/files/3707_file_Somali_Region_Assessment_8.4.06.pdf to http://www.chfhq.org/files/3707_file_Somali_Region_Assessment_8.4.06.pdf
When you have finished reviewing my changes, please set the checked parameter below to true or failed to let others know (documentation at ).
Cheers.—InternetArchiveBot (Report bug) 19:19, 3 December 2016 (UTC)
thread_title:  External links modified 

message: Hello fellow Wikipedians,
I have just modified 2 external links on Custom (law). Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes:
*Added archive https://web.archive.org/web/20150413152848/http://ayb.ltd.uk/customary-mooring-rights/ to http://ayb.ltd.uk/customary-mooring-rights/
*Corrected formatting/usage for http://laws.justice.gc.ca/en/const/annex_e.html
When you have finished reviewing my changes, you may follow the instructions on the template below to fix any issues with the URLs.
Cheers.—InternetArchiveBot (Report bug) 19:29, 15 August 2017 (UTC)
thread_title:  External links modified 

message: Hello fellow Wikipedians,
I have just modified one external link on Custom (law). Please take a moment to review my edit. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple FaQ for additional information. I made the following changes:
*Added archive https://web.archive.org/web/20080830063039/http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/foster0708.htm to http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/foster0708.htm
When you have finished reviewing my changes, you may follow the instructions on the template below to fix any issues with the URLs.
Cheers.—InternetArchiveBot (Report bug) 16:48, 9 December 2017 (UTC)
thread_title:  External links modified 

message: The article uses the phrase "third world" and links to that page. This is dated, I believe. The phrase used should be "Developing" world or countries.  — Preceding unsigned comment added by 216.139.7.86 (talk) 18:56, 2 March 2020 (UTC)
thread_title:  Use of "Third World" 

message: The lead section mentions "prescription", but the cited source is materially different from what is written in the article. The source talks about prescription as "A method of acquiring a nonpossessory interest in land through the long, continuous use of the land." so it appears to be a special case of customary law about land, and not a general legal concept. A related concept is prescriptive law. The nature of a statement that prescribes how things ought to be.  A prescriptive theory is one that says how people or things should function, as opposed to how they actually do.
Anyway, "prescription" seems out of place in the lead section and I will remove it for now, until it is rewritten and place in a more appropriate place in the article. --Happyseeu (talk) 20:23, 10 December 2020 (UTC)
thread_title:  the idea of prescription