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Custom in Jurisprudence

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❶According to them the present cannot be understood without reference to the past, and to understand the true source of law we must go back to the days when society was in its infancy.

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According to Austin one of the main priests of analytical school, custom is a source of law and not law in itself. Custom are not positive laws until their existence is recognized by the decisions of the courts. A custom becomes law when it is enforced by the state. It is not every custom that is binding.

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Oct 24,  · Custom can simply be explained as those long established practices or unwritten rules which have acquired binding or obligatory character. In ancient societies, custom was considered as one of the most important sources of law; In fact it was considered as the real source of law.

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Oct 24,  · Custom in jurisprudence Custom can simply be explained as those long established practices or unwritten rules which have acquired binding or obligatory character. In ancient societies, custom was considered as one of the most important sources of law; In fact it was considered as the real source of law. Salmond- Custom is to society what law is to the state. Each is the expression and realization of Each is the expression and realization of the measure of man’s insight and ability of the principles of right and justice.

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Custom In Jurisprudence custom in jurisprudence Can you improve the answer?Oct 24, Custom can simply be explained as those long established practices or unwritten rules which have acquired binding or obligatory character. Custom, in English law, an ancient rule of law for a particular locality, as opposed to the common law of the country. It has its origin in the Anglo-Saxon period, when local customs formed most laws affecting family rights, ownership and inheritance, contracts, and personal violence.