Customary law
Customary Law
Customary law (pronunciation: /ˈkʌstəməri lɔː/) is a type of legal system that is established, maintained, and enforced through the cultural or social norms of a community, rather than through the written laws and regulations of a formal government.
Etymology
The term "customary law" is derived from the English word "custom," which originates from the Old French costume, meaning "habit" or "custom." The word "law" comes from the Old English lagu, meaning "something laid down or fixed."
Definition
Customary law is a legal system that is based on long-standing customs, traditions, and norms that are accepted as legal requirements or rules of conduct within a particular community. These laws are often unwritten and passed down through generations, and they may vary greatly from one community to another.
Related Terms
- Common Law: A legal system based on precedent and court decisions, rather than statutory laws.
- Civil Law: A legal system based on a codified set of laws, where the core principles are contained within a legislative system.
- Statutory Law: The written law set down by a legislature or by a legislator in the case of monarchies.
- Legal Pluralism: A situation in which two or more legal systems coexist in the same social field.
- Indigenous Law: The law governing the rights of indigenous peoples.
Application
Customary law is often applied in matters of personal status (such as marriage, divorce, and inheritance), land tenure, and other areas where community control is traditionally strong. It is also recognized and used in some legal systems as a source of law, or in conjunction with other forms of law, such as common law, civil law, and statutory law.
Criticism
Critics of customary law argue that it can be discriminatory, particularly against women and marginalized groups, and that it can be used to uphold outdated or harmful practices. Supporters argue that it is a vital part of cultural identity and can provide a more accessible and understandable form of law for many people.
External links
- Medical encyclopedia article on Customary law
- Wikipedia's article - Customary law
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