Bad Custom
Anthony Perron
The place and function of custom as a species law—distinguished from simply polite manners or cherished cultural traditions—has long been source research debate among legal theorists historians. One school thought, reflecting the authority written statute in modern jurisprudence, has relegated juridical sense to “primitive” societies, whereas proper law belongs world state sovereignty. Other scholars have revisited continuing validity custom, including trenchant body work on use (and manipulation) colonial regimes. At same time, some seen benefits acknowledgment norms. A 2006 collection articles, for instance, explored ways which customary might serve better foundation sustainable development natural resources. As David Bederman written, “Custom can be signal strength any system—preliterate literate, primitive modern.”
Historical Reflections