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  1. Home
  2. Books
  3. The Nature of Customary Law
  • Cited by 17
Publisher:
Cambridge University Press
Online publication date:
June 2009
Print publication year:
2007
Online ISBN:
9780511493744
DOI:
https://doi.org/10.1017/CBO9780511493744
Subjects:
Law, Legal Philosophy, Philosophy, Jurisprudence
Information

Book description

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.

Reviews

'… an important collection of essays, which explores some of the ambiguities in and difficulties with the concept of customary law. … this is an important book exploring a variety of dimensions of a neglected topic.'

Source: Edinburgh Law Review

'It is decidedly the most notable and the most accomplished project in recent years.'

Joerg Kammerhofer Source: Global Law Books

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